Journal of the House of Commons: Volume 5, 1646-1648. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Martis, 8 Decembris, 1646.
ORDERED, &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 Knight to serve for the County of Caernarvon, in the place of John Griffith junior, disabled by Judgment of this House to serve any longer for the said County.
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 in Parliament for the Borough of Caernarvon, in the place of William Thomas, formerly chosen to serve for the said Borough, and sithence * * *.
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 Knight to serve in Parliament for the County of Anglesey, in the place of John Bodwell Esquire, formerly chosen to serve for the said County, and sithence disabled, by Judgment of this House, to serve any longer during this Parliament.
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 Beaumarris, in the place of John Griffith Esquire, formerly chosen to serve for the said Borough, and fithence deceased.
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 to serve for the Borough of Lestwithiell, in the places of Richard Arundell and John Trevanian, formerly chosen to serve for the said Borough, and disabled, by Judgment of this House, to serve any longer during this Parliament; and the said John Trevanian fithence deceased.
Ordered, That Mr. Thomas Erle do make the Report in his Hands, concerning Pendennis Castle, on Monday Morning next.
Resolved, &c. That no Member of either House shall have any Sequestrations whatsoever, either by Grant or Lease.
The Lords Concurrence to be desired herein.
Message to Lords.
Mr. Whitelock carried to the Lords, for their Concurrence, the Ordinance concerning Libraries, Books, Globes, Mathematical Instruments, or other Necessaries, belonging to the Chambers of Scholars in the University of Oxon: The Ordinance concerning the East India Company: The Order for bringing in the Duty of One per Cent. owing upon Bonds, by transmitting such Boads, for Default of Payment of them, into the Exchequer: And is to acquaint the Lords, That this House doth agree to the Quorum of the Committee concerning the Great Seal: And to desire, they may meet this Afternoon.
The House proceeded to take into Consideration the Instructions offered formerly from the Committee of Goldsmiths Hall, to be observed in the Matter of Sequestrations and Compositions with Delinquents. And
It is Resolved, &c. That no Committee-man, Sequestrator, Collector, or other Officer, employed in the Sequestrations in the several respective Counties, shall, by himself, or any other in Trust for him, or to his Use, take to farm, or rent, any Lands or Estates sequestered, or to be sequestered, in the said several Counties where he is a Committee-man, Sequestrator, Collector, or other Officer, employed in the Sequestrations, as aforesaid.
Resolved, &c. That all the Lands and Estates of Papists and Delinquents sequestered, and to be sequestered, in the several and respective Counties, shall be let out at the utmost improved yearly Values that any Man will give for the same: And that all Leases and Grants, made to any Delinquents or Papists, the Owners of the said Lands and Estates, or to their Servants, or any in Trust for them, at a lower Rate and Value than the same were truly worth, and might have been demised for to others at the Time, the said Lease shall be void.
Resolved, &c. That all Persons in the several and respective Counties, who have been in Arms, or left their Habitations, and resided in the Enemies Garisons, and are liable to Sequestrations, and have not tendered themselves to a Composition for their Estates, and prosecuted it with Effect at Goldsmiths Hall, and are at Liberty, and not comprised within any Articles whereby they are protected, shall be forthwith apprehended, and committed to safe Custody, by the Committee of Parliament residing in the several Counties; and their Names certified to the Committee at Goldsmiths Hall. Provided that such Persons whose Estates, real and personal, are not worth Two hundred Pounds, be hereby pardoned and discharged from Sequestration; they coming in according to the Time limited in the Propositions, and taking the Negative Oath and Covenant.
Ordered, upon the Question, That it be referred to the Committee at Goldsmiths Hall, and the Committee for plundered Ministers, or any Four of them (whereof Two of each Committee to be of the Quorum), to consider of the Business of Impropriadons in the Hands of Delinquents; and to offer what is fit to be done in that Business upon the Composition of such Delinquents: And the Care of this Business is more particularly referred to Mr. Grimston.
Answer to Lords.
Mr. Whitelock brings Answer, That the Lords do agree to the Ordinance concerning the Libraries, Books, &c. in the University of Oxon: And that, to the rest, they will send Answer by Messengers of their own.
Ordered, That, on Thursday next, Sir Thomas Widdrington do make Report of the Ordinance concerning Delinquents.
Ordered, That the Ordinance, sent from the Lords 15 Novembris, 1646, concerning Goldsmiths Hall, be read on Thursday Morning next.
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 Bodmyn, in the Place of John Arundell, formerly chosen to serve for the said Borough, and fithence, by Judgment of this House, disabled to serve for the said Borough during this Parliament, and after deceased.
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 Knight to serve for the County of Merioneth, in the Place of William Price, formerly chosen to serve for the said County, and sithence disabled.
The humble Petition of Thomas Cullum and Simon Edmonds, Sheriffs of London, upon the Occasion of an Order of this House, requiring them to bring Francis Sympson, their Prisoner in the Compter, upon an Execution, who is within the Articles of Oxon, was this Day read; and likewise a Letter from the Prisoner, of 7 Decembris, 1646: And
It is thereupon Resolved, &c. That, in this Case of Francis Simpson, now Prisoner in the Woodstreet Compter, London, the Commissioners of the Great Seal of England be authorized to issue an Habeas Corpus, under the said Great Seal, directed to the Sheriffs of London, and returnable at the Bar of this House, immediate, for the bringing of the Body of the said Francis Sympson to the Bar of this House, together with the Causes of his Imprisonment.
Grant for Scotch Army, &c.
Sir Phillip Stapilton reports from the Commissioners of Scotland, a Proposition touching the Times and Manner of their receiving the Two hundred thousand Pounds, and of the Marching of their Forces out of this Kingdom: The which was several times read: And, some Alterations being . . . thereunto, the said Proposition amended was in hæc verba; viz.
IT was once agreed on betwixt your Lordships and us' That the Money should be brought to Hartlepoole, or Stockton; and we acquainted your Lordships, that we were positively limited thereunto by our Instructions: And it being a Matter wherein your Lordships need not to differ with us whether the other One hundred thousand Pounds remain at Yorke, or be brought to Hartlepoole, Stockton, or to the North Side of Tees, to the end there may be no Retardment of this Agreement, we propose, That, after the Receipt of the First One hundred thousand Pounds, as is expressed in your Lordships Paper; and after the Garisons of Hartlepoole, Stockton, Durham, and all other Garisons and Passes on the South Side of Tyne, are quitted by our Forces; and after that all our Forces are moved to the North Side of Tine (from which they cannot in a Day and a half march over the Bridge to the South Side, there being, at this Season, no other Pass upon that River; our Hostages also remaining still with your Lordships); all which is to be done within Ten Days after the Payment of the First One hundred thousand Pounds; then the other One hundred thousand Pounds (so much thereof as is to be paid by such Bills of Exchange as the Two Houses of Parliament shall allow of, excepted) be brought to the North Side of Tees: Upon Notice whereof, Newcastle and Tinmouth, together with all Ordnance, Arms, and Ammunition, belonging to the Kingdom of England, shall be forthwith surrendered to the Forces to be put in Garison by the Parliament: Which, that it may be done the more speedily, the Forces to be put in Garison may march before the Money and Convoy.
And, in respect our Hostages are to remain with your Lordships, until the Garisons of Newcastle and Tinmouth be possessed by your Forces, and not to be returned to us till a Day after the said Delivery, we desire that the Hostages to be given to us, for Assurance that the other One hundred thousand Pounds shall be paid to us on the North Side of Newcastle within a Mile of the Works, be delivered when our Forces are marching out, and your Forces are entering into Newcastle: And, upon the Delivery of the said other One hundred thousand Pounds, your Hostages shall be returned.
We do agree, That, upon the coming of the Money out of Newcastle, Hostages be delivered by us to your Lordships, for Assurance that our Army and Forces march out of England: and that Berwick and Carlisle shall be slighted, according to the large Treaty, within Ten Days after the Payment of the latter One hundred thousand Pounds; and, for Performance hereof within the Time appointed, the Country would be required to concur for slighting the said Garisons. And, as soon as our Army and Forces are marched out of England, and out of the said Garisons of Berwick and Carlisle, we desire that our Hostages may be returned within Four Days: For there are no Garisons in Scotland near the Borders.-And
It is thereupon Resolved, &c. That this House doth agree to the Substance of this Proposition, thus amended, to be an Instruction to the Committee to treat and agree with the Scotts Commissioners upon the same.
Ordered, That the Committee do confer with the Commissioners of Scotland, that the Two hundred thousand Pounds, upon the coming thereof to York, may be forthwith Told.
Sir Phillip Stapilton reported another Paper from the Commissioners of Scotland, with Two Propositions therein, concerning the Security for the last Two hundred thousand Pounds, and the Assistance desired by our Brethren of Scotland against the Irish Rebels that infest their Kingdom of Scotland: The which was read; and was in hæc verba; viz.
Grant to Scotch Army, &c.
WE do agree with your Lordships concerning the Terms of Payment of the latter Two hundred thousand Pounds: But as to the Security, we are commanded to desire it may be out of the Estates of Papists, Prelates, and Malignants, according to the Treaty betwixt the Kingdoms; or otherwise we do desire, that we may have some other particular Security: Concerning all which we are ready to confer with your Lordships; and are confident we shall come to a good Agreement.
We do likewise expect, that since our Army is to remove out of this Kingdom, and the Irish Rebels do, and are like more to infest the Kingdom of Scotland, the Honourable Houses would take into Consideration, What Aid and Assistance to give to their Brethren of Scotland; or give Power to your Lordships to confer with us about it.
Resolved, &c. That this House doth adhere to the former Vote of both Houses, touching the public Faith to be given for Security for the last Two hundred thousand Pounds, to be paid to our Brethren of Scotland, according to the Times formerly limited and appointed: And that the Committee do confer with the Commissioners of Scotland, hereupon; and give them Reasons for adhering to this Vote.
Ordered, &c. That the Committee shall have Power to confer with the Commissioners of Scotland, upon the Aid and Assistance they desire to be given to our Brethren of Scotland, against the Irish Rebels, that infest the Kingdom of Scotland; and to receive their Propositions and Desires from them.
Ordered, &c. That the Committee shall confer with the Scotts Commissioners, concerning the Preservation and Ease of the Country, in the Passage of their Army and Forces out of the Kingdom: And that they do pay their Quarters duly, upon their Removes and Marches.
Ordered, &c. That it be referred to the Committee of the Army to make Provisions of Victual, Arms, and Ammunition, to furnish the Town of Newcastle, and Castle of Tynmouth, for the Use of the English Garisons to be placed in those Places.
Resolved, &c. That whatsoever Casualty shall happen to the Two hundred thousand Pounds, upon the Carriage of it to Yorke, or any other Place of Payment appointed by the Two Houses of Parliament, shall be borne by the Publick.
Resolved, &c. That the Charge of conveying and paying the Two hundred thousand Pounds shall be borne by the Publick.
Resolved, &c. That Nine hundred and Sixteen Pounds be allowed to the Treasurers, and their Tellers and Servants, for their Pains and Charges in the Telling and Paying of the Two hundred thousand Pounds.
Resolved, &c. That One thousand Six hundred Pounds be advanced to bear the Charge of Carriages, and other Necessaries for the Conveying of the Two hundred thousaid Pounds.
Ordered, &c. That the Committee of the Army do prepare an Ordinance to enable the Treasurers to pay the Two hundred thousand Pounds to such Persons as shall be appointed by both Houses of Parliament: And that they bring in this Ordinance on Thursday next.
Ordered, &c. That the Committee of the Army shall have Power fully to agree with the Treasurers, upon the whole Service of Telling and Paying the Two hundred thousand Pounds.
Ordered, &c. That the Charge of Paying, Telling, Carriages, and Conveying, of the Two hundred thousand Pounds, be charged upon the Committee at Goldsmiths Hall; not exceeding Three thousand Pounds: And that the said Three thousand Pounds be paid out by the Committee and Treasurers at Goldsmiths Hall, upon such Warrants as they shall receive from the Committee of the Army. And it is referred to the Care of Mr. Scawen and Mr. Pury, to acquaint the Committee at Goldsmiths Hall with the Necessity of the Supplying of these Monies, and complying with such Warrants as they shall receive from the Committee of the Army herein.
Ordered, &c. That the Waggonmaster-general, who is to have the Care and Charge of conveying the Two hundred thousand Pounds to the Places of Telling and Paying, shall have a Commission for impresting Horses and Waggons, upon Occasion.
Ordered, &c. That Thomas Richardson, Waggonmaster General, be referred to the Committee of Accompts; to audite, state, and certify, his Accompts.
A Letter from Colonel Pointz, of 5 Decembris, 1646, from Yorke; also a Letter from the Mayor and Aldermen of Yorke, of 4 Decembris, 1646; concerning the Necessities of the Garison at Yorke, and particularly of their Wants of Ammunition; were this Day read: And
It is Resolved, &c. That One hundred Barrels of Powder, with Match and Bullet proportionable, be forthwith furnished out of the Publick Stores for the Service of the Garison at Yorke.
Raising Arms against Parliament.
Resolved, &c. That if any Person or Persons whatsoever, shall, from henceforth, raise Arms, or maintain Arms, against both or either of the Houses of Parliament, or their Forces, that every such Person and Persons shall die without Mercy: And that his and their whole Estates shall be confiscated.
And it is further Ordered, That it be referred to Mr. Samuell Browne and Mr. Miles Corbett, to prepare and bring in a Declaration in pursuance hereof.
Sir J. Sedley.
The humble Petition of Sir John Sedley, Knight and Baronet; and likewise a Copy of a Warrant under the Hands of divers of the Deputy Lieutenants of the County of Kent, dated at Maidston the 11th of November, 1646, for the Apprehending and Imprisoning of the said Sir John Sedley; were this Day read:
A Letter from the Committee of Kent, of 5 Augusti, 1646, from Maidston, concerning divers Miscarriages therein complained of against Sir John Sedley, directed to the Knights of the Shire, and other the Members of this House that serve for the said County, was likewise read: And
It is thereupon Resolved, &c. That this Letter, and Sir John Sedley's Petition, be referred to a Committee.
Resolved, &c. That Sir John Sedley be forthwith discharged of his Imprisonment, to come to prosecute his Appeal, in his Petition this Day read.
Sir Henry Vane, Sir Thomas Walsingham, Mr. Clive, Mr. Oxenden, Sir Walter Erle, Sir Richard Onslow, Sir Philip Stapleton, Lieutenant General Cromwell, Mr. Lee, Sir John Burgoyne, Mr. Bulkley, Mr. Westrowe, Sir Robert Harley, Mr. Dixwell, Mr. Gourdon, Mr. Holles, Sir Wm. Lewis, Colonel Ireton, Mr. Strode, Sir Thomas Dacres, Mr. Boys, Sir John Evelyn of Wiltes, Sir John Evelyn of Surry, Mr. Skinner, Mr. Baynton, Colonel Harvey, Mr. Gott, Sir Robert Pye, Mr. Edward Stephens, Colonel Massie, Mr. Corbett, Sir Dudley North, Colonel Fleetewood, Mr. Nath. Fyennes, Mr. Wheeler, Sir Wm. Waller, Mr. Aiscough, Mr. Ball, Mr. Rose, Sir Henry Heyman, Sir Wm. Springe, Mr. Edwards, Mr. Drake;
This Committee are to examine the whole Business of Sir John Sidley's Petition, and of the Letter of 5 Augusti, 1646, from Maidston, from the Committee of Kent, this Day read: And are to meet upon this Business on Monday next, in the Inner Court of Wards, at Two of Clock in the Afternoon; and so de die in diem: And have Power to send for Parties, Papers, Witnesses, and Records.
Durham, &c, Petitions.
Ordered, &c. That the Petition from the County of Durham, and the County of Yorke, be read on Saturday next.
Ordered, &c. That Colonel Whalley's Petition be read on Thursday Morning next.
Sir Thomas Dacres presented to the House for their Approbation, several Propositions, where by the Persons mentioned in Three Books, wherein the said Persons are listed, are to be paid off; viz. For a full Discharge of All whose Demands are under Ten Pounds, to allow as followeth; viz. To Two hundred Eighty-one Persons who demand One thousand Seven hundred Thirty-five Pounds Six Shillings and Three Pence, the Sum of Thirteen Shillings and Four-pence for every Twenty Shillings so demanded by them (except to the Waggoners certified by Mr. Richardson, to whom only Eight Shillings per Pound is to be allowed;) for a full Discharge of those whose Demands are under Ten Pounds: Also for a present Relief, to be paid, upon Account, to those whose Demands are Ten Pounds, or more, according to the Proportions following; viz.
All which, together with the Thirteen Shillings Fourpence per Pound above-mentioned, amounts, by way of Estimate, to above the Sum of Nine thousand Pounds.
The which said several Proportions were, upon the Question, approved of; and ordered, That they be observed as a Rule for the Payment of the several Persons mentioned in Three Books, presented this Day to the House, for the Payment of the respective Persons in the said Three Books above-mentioned accordingly.
Ordered, &c. That the Lords Concurrence be desired to the said Rules; and likewise to the said Three Books; the First whereof, intituled, "A List of the Names of divers Officers and Soldiers, together with their particular Demands, &c. 30 Novembris. 1646;" the Second being intituled, "A List of the Widows who are Pensioners, together with their Demands, &c.;" the Third, intituled, "A List of the Names of divers Waggoners, and other Persons, belonging to the Train of Artillery, under the Command of his late Excellency the Earl of Essex, and Sir Wm. Waller Knight, together with their particular Demands, &c.
Resolved, &c. That the Sum of Fifty Pounds be bestowed upon and paid to Elizabeth Atkyn, the Sum of Forty Pounds to Mrs. Pinkney, the Sum of Forty Pounds to Joane Morgan, and the Sum of One hundred Pounds to Mrs. Mary Blague, respectively, by the Committee at Goldsmiths Hall, out of the Fines or Compositions of any such Delinquent or Delinquents, as the said Elizabeth Atkyn, Mrs. Pinkney, Joane Morgan, or Mary Blague, or any of them, shall nominate to the said Committee; for their present Relief: And that the Acquittance of the said Elizabeth Atkyn, Mrs. Pinkey, Joane Morgan, and Mary Blague, respectively, shall be a good Discharge to the Committees at Goldsmiths Hall, and the Treasurers there, for the Payment of the said several Sums bestowed upon them accordingly.
Ordered, &c. That Sir Henry Anderson, now Prisoner in the Tower, be forthwith released upon Bail: And that the Serjeant at Arms attending on this House do take Bail of him for his forth-coming.
Ordered, &c. That Mr. John Goodwyn do make the Report concerning the Officers on Saturday next.
Army, &c. Accompts.
Ordered, &c. That it be referred to the Committee of the Army, to draw Instructions that may be agreed on by both Houses of Parliament, which may be Rules for the Committee sitting at the Military Garden for Widows, Officers, Soldiers, Waggoners, and Persons belonging to the Train of Artillery, to adjust and determine all such Accompts and Demands as are or shall be brought before them.
Ordered, &c. That the Demands and Pretences of all Officers and Soldiers, that have served the Parliament in any Counties and Garisons where they have been under the Command and Pay of particular Committees, their Accounts be made up with those Committees, for their actual Service, according to Musters: Which Committees are to deduct, upon their several Accompts, all free Quarters, Horse, Arms, Money, and Goods, wherewith such Officers and Soldiers can be charged: Which Accompts, so stated, the said respective Committees of such several Counties shall cause to be paid, out of such Monies as they have, or shall raise by Power and Authority of Ordinances of Parliament, enabling them thereunto: And that all such Officers and Soldiers are hereby commanded to forbear their coming up to the City of London, under Pretences of Stating their Accompts here; but are to repair to the Committees of the respective Counties.