House of Commons Journal Volume 5: 13 February 1647

Die Sabbati, 13 Februarii, 1646.

Prayers.

Army Arrears.

THE Grand Committee of the whole House sat, to proceed in the Consideration of the Ordinance, Instructions, and Propositions, for paying of the Soldiery of the Kingdom.

Mr. Knightley in the Chair.

Mr. Speaker resumed the Chair.

Message to Lords.

Sir Anthony Irby carried to the Lords, for their Concurrence, the Order for Sir Thomas Fairfax to receive the growing Profits of the Lands formerly granted for the Support of the Earl of Essex, until Five thousand Pounds per Annum be settled upon the said Sir Thomas Fairfax, out of those Lands, or the Lands of some other Delinquents, excepted from Pardon: The Report and Ordinance for Pardon of the Delinquency of Nicholas Smyth Esquire: Report and Ordinance for Pardon of the Delinquency of William Hanmer Esquire: Report and Ordinance for the Pardon of the Delinquency of Thomas May Esquire: Report and Ordinance for Pardon of the Delinquency of Edward Pelham Esquire: Order for Mrs. Elizabeth Burghill, Relict of Colonel Robert Burghill, to have Twenty-eight hundred Twenty-Six Pounds out of Sir Henry Spiller's Composition, in full Satisfaction of Pay, and all other Demands, demandable by the said Colonel: The Order for Four thousand Seventy-one Pounds Fifteen Shillings Tenpence to Colonel Wm. Barton, out of the Fines and Compositions of Delinquents of the Six Counties of North Wales.

Prisoners Estates.

Ordered, That it be referred to the Committee of Prisoners, to consider of the Condition of all Prisoners, whose Estates are under Sequestration; and to consider of some fit Allowance to be made unto them respectively, out of their own Estates; and to report their Opinions to the House with all Speed: And are to prepare an Order or Ordinance to this Purpose.

Country Committees.

Sir Wm. Lewes reports the Conference had with the Lords, on Thursday last, concerning Country Committees: The which was delivered in Writing; viz.

That the Lords have, many Months since, sent an Ordinance to the House of Commons, for the taking away country Committees, which is expected from both Houses, according to the several Declarations of Parliament, to bring things into the old Course and Way of Government: And that, in some Places of this Kingdom, Committees are expired; as in Yorkeshire where no Sequestrations are acted there: And in Lincolnshire no Committee hath acted for some Months; and in other Places, as in Somersetshire, great Disorders have been occasioned by the Continuance of them; Wherefore the Lords have desired this Conference, to desire their Concurrence to an Ordinance of theirs for the taking away Committees; whereunto they hold themselves obliged, as well by the great Sense they have of the Kingdom's Desire herein, as making good to the World, that these extraordinary Ways of Proceeding shall not be continued.

An Ordinance sent from the Lords, for taking away Country Committees, was this Day read the First and Second time; and, upon the Question, committed unto the Committee to which the former Ordinances, concerning Committees, were committed: And

It is Ordered, That the Committee be revived; and do meet on Monday next, at Two post Meridiem, in the Exchequer Chamber; and so de die in diem: And are to report on Monday come Sevennight: And all that will come, are to have Voices: And the more particular Care of this Business is referred unto Mr. John Corbett.

Ceelye's Claims.

The humble Petition of Colonel Thomas Ceelye was this Day read: And

It is Ordered, upon the Question, That the Sum of Two thousand Pounds be advanced, and paid by the Committee at Goldsmiths Hall, unto Colonel Thomas Ceelye, upon Account, out of the Fines and Compositions of such Delinquents as the said Colonel Ceely shall nominate unto the Committee at Goldsmiths Hall: And that the Acquittance of the said Colonel Thomas Ceely shall be a sufficient Warrant and Discharge to the Committee at Goldsmiths Hall, and the Treasurers there, for the Payment of the said Sum of Two thousand Pounds, accordingly.

The Lords Concurrence to be desired herein.

Mr. Holles is appointed to carry it to the Lords.

Newcastle Writ.

Whereas, in the Order of the House of Commons, and the Speaker's Warrant thereupon, directed to the Clerk of the Crown in Chancery, for issuing a Writ for the new Election of a Burgess to serve for the Town of Newcastle, it is recited, "to serve for the Town of Newcastle in the County of Northumberland:"

It is Ordered, That the said Order and Warrant be amended: And that it be said in the said Order and Warrant, "That a Writ do issue for the Electing of a Burgess to serve for the Borough Town and County of Newcastle upon Tyne."

Wogan's Accompts.

Ordered, That Captain Thomas Wogan be referred to the Committee of Accompts, to state and certify his Accompts.

Leave of Absence.

Ordered, That Sir Martin Lister, a Member of this House, shall have Leave to go into the Country.

Ordered, That Mr. Fowell, a Member of this House, shall have Leave to go into the Country.

Grants to Ly. Leigh, &c.

Whereas the Lady Mary Leigh and Mrs. * Herle were, by Two several Orders, of 18 Januarii 1646, appointed to receive, paid by the Committee at Goldsmiths Hall, the Lady Mary Leigh the Sum of One hundred Pounds, and the said Mrs. * Herle the Sum of Three hundred and Eighty Pounds, out of the Fine of Dr. Duck; the which Fine is already assigned and paid:

It is this Day Ordered, That the said Lady Mary Leigh and Mrs. Herle, respectively, shall receive the said respective Sums of One hundred, and Three hundred and Eighty Pounds, out of Goldsmiths Hall, according as by the said former Orders is directed, out of the Fines of such Delinquents, not yet particularly assigned, as they the said Lady Mary Leigh and Mrs. Herle, respectively, shall nominate to the said Committee.

Admiralty.

Ordered, That on Tuesday next, the Ordinance for setling the Jurisdiction of the Admiralty be read the Second time: And that Mr. Speaker do put the House in mind hereof.

Message from Lords.

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

The Lords have commanded us to deliver unto you a Letter from the Parliament of Scotland: An Ordinance for Restraint of the Killing of Flesh: An Ordinance concerning the Militia, They desire, that Tobias Peaker may be brought before the Committee of their Lordships, this Day, at Two of Clock, in the Prince's Lodgings: They desire, that the Earl of Clievland may have Liberty to go with his Keeper, once a Week, to see his Daughter the Lady Lovelace, she being very sick: They desire, that Mr. George Wynsahame may be of the Assembly of the Divines, as the other Commissioners of Scotland; and that Mr. Bolton may be of the Assembly likewise. all which they desire the Concurrence of this House. They have returned an Ordinance for Mr. Cecill to have the Keeping of the Lodge at Theobald's: Another for Sheriffs in several Counties: These Two moved from this House: And the Lords have agreed to them, with some Alterations: In which they desire the Concurrence of this House.

Letter read.

The Letter from the Parliament of Scotland, of 5 Februarii, from Edenburgh, stilo loci, directed, "To the Right honourable the Speakers of both the honourable Houses of Parliament," and subscribed "Craford Linsey, President of Parliament," was this Day read.

Killing Flesh.

An Ordinance for the Restraint of the Killing of Flesh, was this Day read the First and Second time; and, upon the Question, committed unto Mr. Sandis, Mr. Knightley, Sir Thomas Wrothe, Sir John Northcott, Captain Skinner, Mr. Robinson, Sir Thomas Dacres, Mr. Jesson, Mr. Recorder, Alderman Atkin, Mr. Trenchard, Mr. Hill, Mr. Scott, Colonel Ven, Mr. Goodwyn, Mr. Leigh, Mr. Gourdon, Mr. Rose, Mr. Whittacre, Mr. Wheler, Mr. Righ Colonel Edwards, Sir John Franklyn, Mr. Nath. Bacon, Sir Robert Pye: And all that will come are to have Voices: And they are to meet upon it on Monday next, at Two post meridiem, in the Inner Court of Wards: And have Power to send for Persons, to be informed in any thing that may advance this Business: And the more particular Care of this Business is referred to Mr. John Goodwyn.

A Prisoner to attend.

Ordered, That the Serjeant shall have Liberty to bring or send Tobias Peaker, a Prisoner in his Custody, to attend a Committee of the Lords this Day at Two of Clock, in the Prince's Lodgings.

Militia.

An Ordinance concerning the Militia of the Kingdoms of England and Ireland, sent from the Lords, was this Day read the First time; and ordered to be read the Second time on Tuesday Morning next.

Theobald's Park.

The Amendments to the Order for Mr. Robert Cecill to hold the Keeping of the Lodge in Theobald's Park, in the like manner, and with the like Pension, as Sir Patrick Murrey Knight, deceased, formerly held it, were read; and, upon the Question, assented unto.

Earl of Cleveland.

Ordered, upon the Question, That, as to the Business concerning the Earl of Cleveland's having Liberty to go with his Keeper, once a Week, to see his Daughter the Lady Lovelace, this House will send Answer by Messengers of their own.

Sheriffs.

The Alterations to the Sheriffs lately sent to the Lords, were read: And

It is Resolved, &c. That this House doth concur with the Lords, in nominating and appointing Henry Tulson Esquire, to be Sheriff of the County of Cumberland, in the Place of Wm. Orfeur; in nominating and appointing Mathias Tayler, of Eaton, Esquire, to be Sheriff of the County of Bedford, in the Place of Thomas Daniell; in nominating and appointing Charles Nodes Esquire, to be Sheriff of the County of Herts, in the Place of Alexander Wilde.

Assembly of Divines.

Resolved, &c. That this House doth concur with the Lords, That Mr. George Wyrnahame be admitted to be of the Assembly of Divines, as the other Commissioners of Scotland are.

Sheriffs.

Resolved, &c. That as to the Sheriff of the County of Lancaster, this House doth adhere to Mr. John Bradshawe to continue Sheriff of the County of Lancaster, according as he was sent from this House.

Resolved, &c. That the Vote passed for concurring with the Lords, in nominating and appointing Mathias Tayler, of Eaton, Esquire, to be Sheriff of the County of Bedford, be, and is hereby, vacated, and made void.

Ordered, That it be referred to the Gentlemen of the County of Bedford, to consider of fit Persons, and present to the House, to consider of and make choice of one to be Sheriff.

Sheriffs Accompts.

Ordered, That the Committee appointed to consider of some way to ease Sheriffs in passing their Accompts, do sit de die in diem: And do bring in their Report with all Speed: And that the more particular Care of this Business be referred to Mr. Robinson: And that all that will come shall have Voices at this Committee.

Publick Fast.

Ordered, That the Ordinance for observing the Tenth of March as a Fast, to be humbled for the Growth and Spreading of Heresies, be forthwith printed: And that the Members of the House that serve for the respective Counties, Cities, and Boroughs, do send them into the respective Places for which they serve.

Answer from Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and have ordered, That Tobias Peaker, in the Serjeant's Custody, be sent to the Committee of Lords, this Day at Two of Clock, in the Prince's Lodgings. They do agree, That Mr. George Wirraham may be of the Assembly of Divines, as the other Commissioners of Scotland. They do agree to the Alterations in Mr. Cecill's Ordinance. They do agree to the Sheriff of the County of Cumberland: To the Sheriff of the County of Herts. As to the rest, they will send Answer by Messengers of their own.

Mr. Peck.

Ordered, That, on this Day Sevennight, the first Business after Mr. Speaker shall take the Chair, Mr. Myles Corbett do make Report of the Business concerning Mr. Peck.

Grant for Scotch Army.

The House being informed, That Mr. Alderman Gibbe and Mr. Thomas Noell, the Treasurers that had the Charge of paying the Two hundred thousand Pounds to our Brethren of Scotland, were at the Door;

They were called in: And Mr. Alderman Gibbe made a Narrative to the House of the Treasurers Proceedings in the Payment of the said Two hundred thousand Pounds. He did present Three Acquittances, which they did receive from our Brethren of Scotland, upon the Payment of the said Two hundred thousand Pounds; and did desire, That, if the House thought fit, they might have these Acquittances, or some such other Discharge as they shall think fit. Then Mr. Alderman Gibb acquainted the House, That he conceived, that the most difficult and weighty Business, concerning the Treasurers, was now dispatched: He did therefore desire, That he might be excused from any further Execution of that Place: He had some Engagements in the City, which he did hope likewise, upon the like Desire, to be excused from.

Register in Chancery.

Mr. Samuel Browne, Mr. Hill, Mr. Prideaux, Mr. Wheeler, Mr. John Goodwyn, Mr. Knightley, Mr. Erle, Sir Wm. Strickland, Mr. Bois, Mr. Noble, Mr. Francis Bacon, Mr. Swinfen, Mr. Scott, Sir John Maynard, Mr. Nicholas, Sir John Curson, Sir Thomas Wroth, Mr. Nelthorp, Mr. Selden, Mr. Robinson, Sir Tho. Widdrington, Mr. Gell, Sir John Evelyn, Mr. Nathaniell Bacon, Colonel Edwards;

This Committee, or any Five of them, are to consider of the Fees taken by the Register in the Court of Chancery; and to regulate them for the Ease of the Subject.

Grant for Scotch Army.

Ordered, That the Acquittances, now presented by the Treasurers, be entered in the Journals of this House: And that the Lords be desired, that they may be entered likewise there; and that they may be likewise entered in the Exchequer.

Ordered, That it be referred to the Treasurers, to prepare, and tender to the Consideration of the House, such sufficient Discharge as they shall desire to pass for their own Securities, upon their Payment of the Two hundred thousand Pounds to our Brethren of Scotland.

Thanks to Treasurers.

Ordered, That the Treasurers shall have the Thanks of this House for their good Affections expressed in their faithful and diligent Discharge of this great Service.

The Treasurers were again called in: And Mr. Speaker acquainted them, That the House had considered of their Service; had found their Affections very good and constant to this House; and had commanded him to return them the Thanks of this House: That they had ordered the Acquittances to be preserved in such a way as should be safest for them; and had referred it unto them, to bring in such other Discharge as they should think most effectual for their Security: And, as to that particular Business, moved by Alderman Gibbes, concerning himself, they conceived it to be a Business of some Concernment; and would take Time to consider of it.

Grant for Scotch Army.

KNOW all Men, by these Presents, That We John Earl of London, Lord Chancellor of the Kingdom of Scotland, John Earl of Lauderdaill, Sir Charles Erskine Knight, Hugh Kennedy and Robert Barclay Esquires, Commissioners from the Kingdom of Scotland, have, according to certain Articles of Agreement, 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 respectively, and in pursuance of the same Articles, received of William Gibbes Esquire, Alderman of the City of London, and Thomas Noell and Francis Ashe Esquires, appointed by an Ordinance of both Houses, of the Sixteenth of November last, to be Treasurers of the Monies raised upon the Sale of the Bishops Lands, the Sum of Twelve thousand Pounds Sterling, in Part of the First Hundred thousand Pounds, appointed by the said Articles to be paid by the Kingdom of England to the Kingdom of Scotland; which we do hereby acknowledge to have received, in the Name and for the Use of the Kingdom of Scotland; and do accept as Part of the said First Hundred thousand Pounds, to be paid as aforesaid.

In Witness whereof, we have hereunto put our Hands and Seals, the 20th Day of December, 1646.

Loudoun, Lauderdaill, Charles Erskine, Hew Kennedy, Ro. Barclay.

In the Presence of Robert Baillie, John Cheislie, Ja. Hope.

KNOW all Men, by these Presents, That, upon the Oneand-twentieth Day of January, 1646, I John Drummond, Deputy to Sir Adam Hepburne Knight, Treasurer to the Scotts Army in England, have, according to certain Articles of Agreement, 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, respectively, bearing Date the Three-and-twentieth Day of December, 1646, and in pursuance of the same, and in the Time, Place, and Manner, therein prescribed and appointed, received of William Gibbes Esquire, Alderman of the City of London, and Thomas Noell and Francis Ashe Esquires, appointed by an Ordinance of both Houses, of the Sixteenth of November last to be Treasurers for the Monies arising upon the Sale of Bishops Lands, the Sum of Eighty-eight thousand Pounds Sterling; which, together with Twelve thousand Pounds, received at London by the Commissioners of Scotland, in the Name, and for the Use of the Kingdom of Scotland, for which the said Commissioners have given an Acquittance, is in full Payment of the First Hundred thousand Pounds, appointed and agreed to be paid by the Kingdom of England to the Kingdom of Scotland by the said Articles of Agreement.

In Witness whereof I have hereunto put my Hand and Seal, the Day and Year first above written.

John Drummond, Com' Deput.

Sealed, subscribed, and delivered, in the Presence of Pembrok and Montgomery, B. Denbigh, Ph. Skippon, Edw. Mountague, Jo. Holland, John Coke, Jo. Miller, Richard Browne, Tho. Richardson, Nath. Stirrop, Richard Minors, Robert Hilliard, Wm. Hunberston, Wm. Everard.

KNOW all Men, by these Presents, That, upon the Third Day of February, One thousand Six hundred Forty-Six, I John Drummond, Deputy to Sir Adam Hepburne Knight, Treasurer of the Scots Army in England, have, according to certain Articles of Agreement, agreed upon between the 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, respectively, bearing Date the Three-and-twentieth Day of December, 1646, and in pursuance of the same, and in the Time, Place, and Manner, therein prescribed and appointed; received of William Gibbes Esquire, Alderman of the City of London, and Thomas Noell and Francis Ashe Esquires, appointed by an Ordinance of both Houses, of the Sixteenth of November last, to be Treasurers of the Monies arising upon the Sale of Bishops Lands, the Sum of One hundred thousand Pounds Sterling; which is in full Payment of the Second Hundred thousand Pounds, appointed and agreed to be paid by the Kingdom of England to the Kingdom of Scotland by the said Articles.

In Witness where of I have hereunto put my Hand and Seal, the Day and Year first above-written.

J. Drummond, Com' Deput.

Sealed and delivered in the Presence of Ph. Skippon, John Ward, Vinc. Potter, Tho. Richardson, Robert Woolsey, Wm. Everard, Wm. Humbarstone, John Mylles, Rich. Deane, Wm. Skippon, Tho. Jenkins.