House of Commons Journal Volume 5: 21 December 1646

Die Lunæ, 21 Decembris, 1646.

Prayers.

Old Sarum Writ.

RESOLVED, &c. That a Warrant be issued under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a Writ to be issued, for the Election of a Burgess to serve for the Borough of Old Sarum, in the Place of * Kirkham Esquire, formerly chosen to serve for the said Borough, and sithence deceased.

Camellford Writ.

Resolved, &c. That a Warrant be issued under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a Writ to be issued, for the Election of a Two Burgesses to serve for the Borough of Camellford, in the Places of Peirs Edgcombe and Wm. Ganvile Esquires, formerly chosen to serve for the said Borough, and sithence disabled.

Helston Writ.

Resolved, &c. That a Warrant be issued under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a Writ to be issued, for the Election of Two Burgesses for the Borough of Helston in the County of Cornewall, in the Places of Francis Godolphin, disabled; and Sidney Godolphin, deceased.

Westlowe Writ.

Resolved, &c. That a Warrant be issued under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, . . . a Writ to be issued, for the Election of a Burgess to serve for the Borough of Porpigham, alias Westlowe, in the County of Cornewall, in the Place of Henry Killigrew Esquire.

East Lowe Writ.

Resolved, &c. That a Warrant shall issue forth under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a Writ to be issued, for the Election of a Burgess to serve for the Borough of East Lowe in the County of Cornewall, in the Place of Thomas Lower, disabled.

Fowey Writ.

Resolved, &c. That a Warrant shall issue forth under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a Writ to be issued, for the Election of Two Burgesses for the Borough of Fowey in the County of Cornewall, in the Places of Sir Richard Buller, deceased; and Jonathan Raishleighe Esquire, deceased.

Durham Petition.

The humble Petition of the Gentlemen Freeholders and Inhabitants of the County of Durham, was this Day read; concerning their Sufferings, and Desire of the Removal of the Brethren of the Scotts Army; and Desire of a Debt of Twenty-five thousand odd-hundred Pounds, to be paid unto them; and that they may have Knights and Burgesses to serve for them in Parliament.

Durham Members.

An Ordinance for enabling the County and City of Durham to send Knights, Citizens, and Burgesses to serve in the Commons House of Parliament, was this Day read the First, and Second time; and, upon the Question, committed unto Mr. Nathaniell Bacon, Mr. Lisle, Sir Walter Erle, Mr. Tate, Sir Thomas Widdrington, Mr. Robinson, Mr. Dennis Bond, Mr. Scott, Sir Henry Vane junior, Sir Philip Stapleton, Sir Robert Harley, Mr. Thorpe, Mr. Drake, Mr. Swynfen, Mr. Recorder, Mr. Purey, Mr. Sallway, Mr. Francis Pierrepont, Mr. White, Mr. Whitehead, Sir Edmond Fowell, Mr. Greene, Mr. Fenwick, Mr. Blackeston, Sir John Holland, Mr. Robert Goodwyn, Sir John Hippisley, Mr. Lassells, Sir John Trevor, Mr. Wastall, Sir Symonds D' Ewes, Mr. Ashhurst, Mr. Hoskins, Mr. Herbert: And are to meet upon it, on Wednesday next, at Two post meridiem, in the Star Chamber: And are to report on Monday Morning next: And have Power to send for Parties, Witnesses, Papers, and Records.

Ordered, &c. That the Gentlemen of Durham be called in: And that Mr. Speaker do acquaint them, That the House hath taken their Petition into Consideration; and are very sensible of their Sufferings: And that they have taken a Course for removing the Burden they lie under, by reason of the Armies: That they have put your Desires of sending Knights and Burgesses to the Parliament, into a Way: And as to the other Desire in your Petition, concerning Monies owing to the County; the House will take That County, and other the Northern Counties in like Condition, into Consideration, in due time.

Call of the House.

Resolved, &c. That the House be called on this Day Three Weeks: And that Mr. Speaker do put the House in mind hereof.

Turner's, &c. Claims.

The humble Petition of Richard Turner, Maurice Gethings, and others; and an Order of the House of Commons, referring the Stating of their Accompts to the Committee of Accompts; and a Certificate from the Committee of Accompts, of 7 Octobris, certifying their Demands, and What they acknowledge to have received, and Interest upon the Whole due, amounting, in the Whole, to the full Sum of Thirty-six thousand Nine hundred Ninety-four Pounds Four Shillings and Six-pence, was this Day read: And

It is Resolved, &c. That this House doth allow of the Sum of Thirty-six thousand Nine hundred Ninety-four Pounds Four Shillings and Six-pence to be due unto Richard Turner, Maurice Gethin, Tempest Milner, Richard Wollaston, and Wm. Hawkins, for Principal and Interest.

Ordered, &c. That the Moiety of the Sum of Thirtysix thousand Nine hundred Ninety-four Pounds Four Shillings and Six-pence, allowed by this House to be due unto Richard Turner, Mawrice Gethin, Tempest Milner, Richard Wollaston, and William Hawkins, for Principal and Interest (the said Moiety amounting unto the Sum of Eighteen thousand Four hundred Ninety-seven Pounds Two Shillings and Three-pence) be charged upon the Receipts at Goldsmiths Hall, in Course; to take Course according to a former Order of this House, of the 15th of July 1646: And that the said Sum of Eighteen thousand Four hundred Ninety-seven Pounds Two Shillings and Three-pence be paid in Course, as aforesaid, by the Committee at Goldsmiths Hall, out of the Monies arising there, upon the Fines, and Compositions, at Goldsmiths Hall, to the said Richard Turner, Maurice Gethings, Tempest Milner, Richard Wollaston, and Wm. Hawkins, or their Assigns lawfully authorized thereunto: And that an Acquittance under the Hand of the said Richard Turner, and the other forementioned Persons, or their Assigns, as aforesaid, shall be a sufficient Warrant and Discharge to the Committee at Goldsmiths Hall, and the Treasurers there, for the Payment thereof accordingly.

Ordered, &c. That the other Moiety of the Sum of Thirty-six thousand Nine hundred Ninety-four Pounds Four Shillings and Six-pence, allowed by this House to be due unto Richard Turner, Maurice Gethins, Tempest Milner, Richard Wolleston, and Wm. Hawkins, for Principal and Interest, amounting unto the Sum of Eighteen thousand Four hundred Ninety-seven Pounds Two Shillings Three-pence, be paid unto them, out of the Sale of such Delinquents Estates as they shall nominate to both Houses: And that an Ordinance be brought in to that Purpose.

Message from Lords.

A Message from the Lords, by Dr. Aylett and Dr. Heath;

The Lords have commanded us to bring you This Ordinance concerning Preaching; wherein they desire your Concurrence. This Paper concerning Hostages to be given to our Brethren of Scotland, with some Alterations; the Order concerning Major General Skippon's being Governor of Newcastle, to which they have added a Proviso; and the Lords have agreed to the Articles of Agreement, with some Amendments: In these Three last they desire your speedy Concurrence.

Preaching.

The Ordinance concerning Preaching was read the First time.

And the Question being put, For reading it the Second time;

It passed with the Affirmative.

And, after the Reading thereof the Second time, it was, upon the Question, committed unto the Grand Committee for Religion: Who are ordered to meet on Friday Morning next, the first Business.

Treaty with Scotland.

The Alteration in the Paper concerning Hostages was read; and was for the Leaving out of Sir John Brownelowe, and putting in Sir Richard Erle of Stragglethorp: And was, upon the Question, assented unto.

Resolved, &c. That this House doth nominate and approve of Sir Ralph Hare, of the County of Norfolke, Baronet, and Sir Lyonell Talmache, of the County of Suffolke, Baronet, to be Two of the Hostages to be given to our Brethren of Scotland, in pursuance of certain Articles agreed upon between Committees of Lords and Commons of the Parliament of England, and Commissioners of the Parliament of Scotland, authorized thereunto by the Parliaments of each Kingdom.

The Lords Concurrence to be desired herein.

Ordered, &c. That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to give Notice to the Hostages to be given to our Brethren of Scotland, of the Time and Place they are to meet at; and to appoint the Six of the Eight that shall go.

The Lords Concurrence to be desired herein.

The Alterations desired by the Lords to be made in the Articles of Agreement, concerning the Payment of the Four hundred thousand Pounds to our Brethren of Scotland, were read; and, upon the Question, assented unto; and were in hæc verba;

In the Second Article, and Seventh Line, after the Word "or," and before the Word "his," add these Words, "Mr. Wm. Thompson, or Mr. John Drummon, his Deputies, or any other of."

In the Sixth Article, and Third Line, the like Addition.

In the Seventh Article, and Seventh Line, the like Addition.

Governor of Newcastle, &c.

The Proviso desired by the Lords to be added to the Order of both Houses, for Making of Major General Skippon to be Governor of Newcastle, Gateside, and Tynmouth Castle, was read; and, upon the Question, assented unto; and was in hæc verba;

"Provided, That this Ordinance, nor any thing therein contained, shall no way prejudice the Earl of Northumberland's Right, Title, or Interest, unto the Castle of Tynmouth."

Treaty with Scotland.

Resolved, &c. That a Committee of both Houses be appointed to go down into the North, that may take care that all Matters may be so accommodated upon the parting with our Brethren of Scotland, that no Unkindness may happen by any Misconstructions or Misapprehensions.

The Lords Concurrence to be desired herein.

Resolved, &c. That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to prepare Instructions for the Committee of both Houses, that shall be appointed, upon this Occasion, to go into the North.

The Lords Concurrence to be desired herein.

Message to Lords.

Sir John D'Anvers carried to the Lords, for their Concurrence, the Names of Sir Ralphe Hare, and Sir Lyonell Talmache, Baronets, to be Hostages: The Vote for authorizing the Committee of both Kingdoms to give Notice to the Hostages to meet; and to appoint the Six of the Eight that are to go. The Order for appointing a Committee of both Houses to go into the North: And an Order to authorize the Committee of both Kingdoms to prepare Instructions for the said Committee: Also a Declaration concerning the Entry of Assignments with the Commissioners of Excise: An Ordinance for Amendments to the Ordinance for Sale of the Bishops Lands: And the Order concerning the Making of the Classes in Lancashire a Province.

Irish Affairs.

Ordered, &c. That the Reports concerning Ireland be made on Wednesday Morning next, the first Business, notwithstanding any former Order.

Message from Lords.

A Message from the Lords, by Sir Edward Leech and Mr. Page;

The Lords have commanded us to return you these Two Ordinances; the one concerning the Oath of the Surveyors of the Bishops Lands; the other concerning the Water Guards: Both these moved from you; and the Lords have agreed unto them, with these Alterations; to which they desire your Concurrence: And to put you in mind of an Ordinance for Mr. Bankes to be presented to Ivy Church in the County of Kent: To which they desire your Concurrence.

Ivy Minister.

Ordered, &c. That the Ordinance for appointing Mr. Bankes Minister of Ivy Church; and the other Ordinances sent from the Lords, for appointing Ministers in several other Places; be read on Saturday Morning next.

Bishops Lands.

The Lords Amendments to the Ordinance concerning the Oath of the Surveyors were read; and were, That, in the Third Page, in the Sixth Line, after the Word "of" and before the Word "the," in the Seventh Line, put out these Words, "one or both of."

In the Seventh Line, after the Word "the," leave out these Words, "Houses of:" And

It is thereupon Resolved, &c. That this House doth adhere to the Ordinance as it went from this House.

Water Guards.

The Lords Amendments to the Ordinance concerning the Water Guards were read; and were, That, in Thirteenth Line, after the Word "it," and before the Word "that," leave out the Word "necessary," and instead thereof put in the Word "convenient."

In the Fifteenth Line, after the Word "maintained," and before the Word "do," add these Words, "for some short time."

In the Nineteenth Line, after the Word "of," leave out the Word "Six;" and, instead thereof, put in the Word "Four:" And

It is Resolved, &c. That this House doth agree with the Lords in these Amendments to the Ordinance concerning the Water Guards.

Answer from Lords.

Sir John D'Anvers brings Answer, That the Lords do agree to Sir Raphe Hare, and Sir Lyonell Talmache, to be Hostages: The Orders for naming a Committee of both Houses to go to the North: To the Orders for authorizing the Members of both Houses of the Committee of both Kingdoms to give Notice to the Hostages to meet, and to nominate Six of them; and to prepare Instructions for the Committee of both Houses, that are to go into the North: And likewise the Order for making the Lancashire Classes to be a Province: And, as to the Ordinance for the Amendments to the Ordinance for the Sale of the Bishops Lands; and the Declaration concerning the Entry of Assignments; they will send Answer by Messengers of their own.

Answers to Lords.

Answer returned to the First Messengers; That this House hath considered of their Message: And, as to the Ordinance concerning Preaching, they have taken it into Consideration; and will send Answer thereunto by Messengers of their own: And, as to the rest of the Particulars of their Message, they do agree.

Answer returned to the Second Messengers;

The House hath considered your Message: And, as to the Ordinance concerning Mr. Bankes: And the Amendments to the Ordinance concerning the Surveyors; they will send Answer by Messengers of their own: And, as to the Amendments to the Ordinance concerning the Water Guards, they do agree.

Treaty with Scotland.

Mr. Recorder reported a Paper from the Commissioners of Scotland, containing some Alterations desired by them to be made in some of the Articles of Agreement, concerning the Payment of the Four hundred thousand Pounds to our Brethren of Scotland: Also an Answer to the Proposition of both Houses, concerning the Scotts Armies paying their Quarters; and the Addition of a Seventeenth Article: The which were read:

And the Alteration desired to be made in the First Article was read; and, upon the Question, assented unto; and was in hæc verba; viz. That, after the Words "have undergone," the general Clause may be thus qualified; "and for whatsoever other Sums of Money, or Recompence, the Kingdom of Scotland can claim of the Kingdom of England, by virtue of the said Treaties."

And then the First Article runs thus; viz.

"That Four hundred thousand Pounds be paid to the Kingdom of Scotland, in manner hereafter expressed, for the Pay of their Army brought into the Kingdom of England, for the Assistance of this Kingdom; and of their Forces that came into the Garison of Berwick, by virtue of the Treaties between the Two Kingdoms, of the Nine-and-twentieth of November One thousand Six hundred Forty-three; and for due Recompence, and full Satisfaction for all the Pains, Hazard, and Charges, which they have undergone; and for whatsoever other Sums of Money, or Recompence, the Kingdom of Scotland can claim of the Kingdom of England, by virtue of the said Treaties."

Resolved, &c. That this House doth agree to the Alteration desired by the Scotts Commissioners, to be made in the Fifteenth Article; That the Fortifications of Berwick and Caerlisle may be slighted, according to the large Treaty, and the Treaty of Berwick.

Then the Article will run thus; viz.

"That, upon the Coming of the latter Hundred thousand Pounds out of Newcastle, Hostages shall be delivered to the Kingdom of England, by the Kingdom of Scotland, for Assurance that all the Scottish Armies and Forces shall march out of the Kingdom of England, within Ten Days after the Payment of the latter Hundred thousand Pounds: That they will permit and suffer that the Fortifications of Berwicke and Carlisle may be slighted, according to the large Treaty, and Treaty for Berwicke (fn. 1) : And that the said Towns be quitted, and all Ordnance, Arms, and Ammunition therein, belonging to the Kingdom of England, be, within the said Ten Days, delivered unto such Persons as shall be appointed by both Houses of the Parliament of England, or such as shall be by them (or any authorized by them for that Purpose) appointed to receive the same; who also are appointed to cause and see Berwicke and Carlisle slighted in manner as aforesaid: And are hereby authorized to call in the Aid of the Country for the doing thereof, as they shall see Cause: And likewise the Parliament of Scotland, or any by them authorized, are to appoint such Persons as they shall think fit, to see this performed."

Resolved, &c. That this House doth insist upon their former Instructions; That, after the Payment of the first Hundred thousand Pounds, the Army shall require or take no Money from the Country, nor no Goods whatsoever; but shall pay for all such Provisions as they shall receive from the Country.

Ordered, &c. That the Members of both Houses that are of the Committee of both Kingdoms, do receive such Letters and Informations as shall be delivered unto them, from any the Members of this House, concerning the Levying of any Monies in the Northern Parts, by the Scotts Forces there, or any of them; and that they do communicate the said Letters and Informations to the Scotts Commissioners here.

Resolved, &c. That this House doth assent to the Addition of this Article following, to be the Seventeenth Article of the Articles of Agreement, concerning the Payment of Four hundred thousand Pounds to our Brethren of Scotland;

"That the Publick Faith of the Kingdom of England (fn. 2) is hereby given for Payment of the latter Two hundred thousand Pounds, as is hereafter expressed: That, for the better Satisfaction and Security of some private Persons of the Kingdom of Scotland, who have advanced great Sums of Money, Provisions, and other Necessaries, during these Troubles, the Sum of Fifty thousand Pounds shall be paid to the said Persons, whole Names are expressed in an Ordinance of both Houses, for that Effect, at Twelve Months after the Payment of the last Hundred thousand Pounds of the First Two hundred thousand Pounds, out of the Receipts of such Monies as shall come in, and be received by Fines and Compositions made, and to be made, with Papists and Delinquents, or by Sale of Papists and Delinquents Estates, according to the said Ordinance for that Effect: And that other Fifty thousand Pounds shall be also paid, at the said Twelve Months after the Payment of the last Hundred thousand Pounds of the first Two hundred thousand Pounds: And that the last Hundred thousand Pounds of the Four hundred thousand Pounds shall be paid within Twelve Months after That; viz. Two Years after the Payment of the last Hundred thousand Pounds of the First Two hundred thousand Pounds: And that out of such Ways and Means as both Houses of Parliament shall think fit."

Ordered, &c. That Mr. Crewe and Mr. Grimston do prepare and bring in an Ordinance for the Payment of Fifty thousand Pounds to our Brethren of Scotland, according to this Seventeenth Article.

Apprehension of Hudson.

A Letter from Colonel General Sedenham Poynts, from Yorke, of 19 Decembris, 1646, acquainting the House, That he had apprehended Mich. Hudson; and had taken his Examination, and sent it up herewith; The which were read: And

It is Ordered, upon the Question, That a Letter be sent to Colonel General Sedenham Poynts, and signed by Mr. Speaker, to give him Thanks for his Care in this Service; and to require him to send the said Michael Hudson Prisoner to the Parliament, with all Care and Safety. And Sir Thomas Widdrington is appointed to prepare this Letter.

Governor of Lynn.

Upon Sir Anthony Irbye's Report from the Committee of the Eastern Association;

Resolved, &c. That this House doth nominate and appoint Sir Thomas Huggins, Knight, to be Governor of the Town of Lynn: And that the Members of both Houses that are of the Committee of both Kingdoms, do grant him a Commission to be Governor of the said Town accordingly.

Henden Return.

Ordered, &c. That the Clerk of the Crown in Chancery do attend with the Return of the Indentures concerning the Election for Henden, To-morrow Morning.