House of Lords Journal Volume 8: 2 January 1647

DIE Saturni, 2 die Januarii.

PRAYERS, by Mr. Marshall.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ordinance for Delinquents to stay in Town to compound.

The Lord Wharton, from the Committee, brought in an Ordinance for Delinquents who have Business depending before the Committee of Lords and Commons for Sequestrations may stay in Town, &c.

Which being read, was Agreed to, and Ordered to be sent to the House of Commons for Concurrence.

Ordinance to continue the Pay of Sir T. Fairfax's Army.

Ordered, That the Committee for the Ordinance for Sir Thomas Fairefax shall meet on Tuesday Morning next; and to adjourn afterwards from Time to Time.

Steward and Hodges.

Ordered, That the Earl of Suffolke and Earl Lyncolne are added to the Committee concerning Mr. Hodges and Mr. Walter Steward.

Paper from the Committee for the Admiralty, to settle the Jurisdiction of the Admiralty Court.

The Earl of Warwicke reported a Paper from the Committee of the Admiralty, &c. which was read:

(fn. 1) "Die Jovis, 31 Dec. 1646.

"Upon Information given to the Committee, That, by reason the Jurisdiction of the Admiralty is not settled, nor any Proceedings in that Court, many Ships and Persons much indebted for Maritime Occasions daily go to Sea, and cannot be arrested, and so the Creditors defeated of their Debts; Mariners and Owners of Ships have no Means to recover their Wages and Freights; and that lately, in the River of Thames, upon Differences concerning the Possession and Property of Ships, for Want of legal Proceedings in those Cases, violent Possession of Ships have been taken, and divers Persons wounded, to the great Disturbance and Obstruction of Trade: It is Ordered, That both Houses of Parliament be moved to take the same into Consideration, as a Matter of great Concernment, and specially desired to expedite the Settlement of the Jurisdiction of the said Court with the First Opportunity, in respect of the urgent Necessity of the said Affair.

"Wm. Jessop, Secretary."

Ordered, To be sent to the House of Commons; and they to be desired for Expedition hereof.

Answer from the H. C.

An Answer returned from the House of Commons:

1. That they agree to (fn. 2) the Vote (with the Addition) for the King's coming to Holdenby. (Here enter it.)

2. They likewise agree to the Ordinance for pressing Mariners. (Here enter it.)

3. They agree also to the Ordinance for a Pardon for Goodman. (Here enter it.)

The rest will take into Consideration, and will send Answer by Messengers of their own.

Message from thence, with Instructions for the Committees going into the North;

A Message from the House of Commons, by Mr. Wm. Pierrepont:

1. Instructions for Henry Earl of Stamford, Rob't Goodwin and Wm. Ashurst, Esquires. (Here enter it.)

Read, and Agreed to.

with Ordinances;

2. An Order for Major General Skippon to put in Forces into Newcastle, &c. (Here enter it.) Read, and passed.

3. An Ordinance for the discharging Mr. Hobart from being Sheriff for the County of Cambridge.

(Here enter it.)

Agreed to.

and with Articles of Agreement, &c. with the Scots Commissioners.

4. Articles of Agreement between the Committees of Lords and Commons of the Parliament of Engl. and the Commissioners for the Parliament of Scotl. brought in to be filed in the Office, and kept as a Record.

5. Instructions for the slighting of Carlile and Berwick.

Read, and respited.

Message to the H. C. with Ordinances, &c.

A Message sent to H. C. by Mr. Dr. Aylett and Mr. Dr. Heath:

1. An Ordinance to permit such as are to attend thé Lords and Commons for Sequestrations for their Compositions to remain in Town, for their better Dispatch thereof.

Agreed to.

2. The Order on the next Side before, concerning the Admiralty, sent down.

3. An Ordinance for a Pardon of Susan Adams, with a Certificate, sent down.

4. An Order for one Bedford to be Auditor of Christ Church, in Oxon, sent down.

5. A Petition of Fra. Winde, recommended specially to H. C.

Letter, &c. from the Scots Commissioners.

A Letter from the Commissioners of Scotl. with a Letter from General Earl Leven, and a Paper signed by J. Chiesly, read. (Here enter them.)

Saunders's Petition, about a Writ of Error.

A Petition of John Saunders, touching a Writ of Error referred to Mr. Justice Phesant and Mr. Justice Rolle, to be reported by them on Tuesday next.

Committee to meet, about the E. of Leven's Letter.

Or any Three, to meet this Afternoon, in the Prince's Lodging, to draw up a Letter to General (fn. 3) Lesley, in Answer to his foresaid Letter.

"The Sense of this House upon the Letter from the Earl of Leven.

Letter of Thanks to be wrote to him.

"The Lords, upon the reading of the Letter of the General of the Scots Army, directed to the Commissioners of Scotl. and residing here, whereby he gives good Testimony of his Faithfulness and Care to answer the Desires of the Parliament, have thought fit that a Letter should be written unto him, to take Notice of his good Affections to this Cause and Kingdom; and have appointed a Committee to draw up the same Letter, and to report it to the Houses."

Message to the H. C. for Committees to meet, to draw it up.

A Message sent down to the House of Commons, by Dr. Aylet and Dr. Heath, with the aforesaid General (fn. 4) Lesley's Letter and Scotch Paper, with their Lordships Sense thereupon; and to let them understand, that this House have appointed Seven Lords Committees, to draw up a Letter as abovesaid; and to desire their Assent thereunto, and to appoint a proportionable Number of their House to join with their said Committee herein.

Instructions for slighting Berwick and Carlisle.

Instructions for the slighting of Carlile and Barwick, brought in by my Lord Wharton, with Amendments, and to be sent down to the House of Commons.

Message from the H. C. with Votes, to communicate the One about the King to the Scots.

A Message brought up from the House of Commons, by Sir Rob't Pye:

To desire the Lords Concurrence in Two Votes, which are to be sent after Sir Peter Killigrew.

(Here enter them.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Two Votes now brought up.

Commissioners of the Great Seal.

Ordered, That the Business concerning the Commissioners of the Great Seal of England shall be taken into Consideration on Tuesday Morning next.

"Instructions for Henry Earl of Stamford, Robert Goodwin Esquire, and William Ashurst Esquire.

Instructions for the Commissioners going into the North, to see due Execution of the Articles with the Scots.

"Whereas there are certain Articles of Agreement agreed upon, between Committees of Lords and Commons of the Parliament of England and Commissioners of the Kingdom of Scotland, authorized thereunto by the Parliaments of each Kingdom respectively, concerning the Payment of Four Hundred Thousand Pounds to the Kingdom of Scotland, for the Pay of their Army, and for the marching of their said Army and Forces out of this Kingdom, as is more at large expressed in the said Articles; a Copy whereof, bearing Date the 23th of this Instant December, you have herewith delivered unto you: For the better Performance of all which said Articles, we have appointed you, the said Earl of Stamford, Robert Goodwin, and William Ashurst, or any Two of you, to be a Committee upon the Place, to take Care that the said Articles may be duly and punctually performed, according to the said Agreement.

"In the whole Transaction of which Affair, you, or any Two of you, are to take especial Care that all Matters may be accommodated with our Brethren upon their departing, as may prevent all Unkindness that might happen by any Misconstructions or Misapprehensions.

"1. In the Prosecution of which Service, you, or any Two of you, are to make your Repair to the City of Yorke, wherein you shall so order your Journey as to be there by the 15th Day of this Instant January at the furthest.

"2. Whereas you are to receive for Hostages from the Kingdom of Scotland the Persons as is expressed in the Eighth and Fifteenth Articles, you, or any Two of you, are safely to keep the said Persons, for the Assurances in the said Articles mentioned; and for that Purpose, you, or any Two of you, are to require of Major General Skippon a sufficient Guard, which he is to furnish you for that Service; to which Guard you, or any Two of you, are to give Order that the said Hostages be treated and used with Civility and Respect; and them again you, or any Two of you, shall re-deliver, according to the Direction of the said Articles; and you, or any Two of you, are also to take Care that the Hostages to be given by the Fifteenth Article be either the same, or of like Quality at the least, with those mentioned in the Eighth Article, who are to be guarded, treated, and also delivered, as is directed for the former.

"3. When the Convoy that guards the Money is come to Northallterton, and the Scotts Convoy come thither to receive it, you, or any Two of you, shall take Care that they may not so meet and mingle together, as that any Quarrel for Quarters, or any other Unkindness, should grow between them.

"4. Whereas the Kingdom of England is to give to the Kingdom of Scotland the Hostages nominated in the Thirteenth Article, and the said Hostages are appointed to be at Yorke the 15th of January next, except Sir William Selby and Mr. Delavall, who are to be at Duresme the 24th of January, there to receive your or any Two of your Directions for the said Service; you, or any of you, are therefore, according to the Directions of the said Articles, to give the said Persons as nominated in Hostage; and, upon their Re-delivery, you, or any Two of you, are to dismiss them, to return at their Pleasure.

"5. You, or any Two of you, are to take Care that, after the Payment of the First Hundred Thousand Pounds, the Scotts Army may not require or take any Money or Goods from the Country whatsoever; but that they pay for all such Provisions as they shall receive from the Country, according to the Resolution of both Houses of the 18th of December, a Copy whereof, as also of the Scotts Paper concerning the same, is herewith delivered unto you; and you, or any Two of you, are also to use all good Means in your Power to prevent the Spoil and Plunder of the Country, in the marching away of the Soldiers; and if any Money shall be required or taken contrary to the abovesaid Resolution, or any Plunder made that shall come to your Knowledge, you, or any Two of you, are to represent the same to the General of the Scotts Army, or to the Committee or Commissioners of Scotland upon the Place, and by all the Ways you can to endeavour a Redress of the same.

"6. You, or any Two of you, are diligently to consider the said Articles of Agreement, and take Care that all Things therein agreed may be cleared and punctually performed, according to the said Agreement.

"7. You, or any Two of you, are from Time to Time to give Notice to both Houses of your Proceedings herein; and to observe such further Directions as shall be given you, or any Two of you, by them, for the Transaction and Execution of all Things to be done by virtue of the said Articles; according to such Articles, you are in all Things to govern yourselves in this Affair.

"8. When all Things in the said Articles agreed upon are performed and finished, except only the Payment of the latter Two Hundred Thousand Pounds, you are then to return, and give an Account of this Service to both Houses.

"9. Whereas the Houses are informed, that the Sum of Three Thousand Pounds, or thereabouts, is borrowed of the Town of Newcastle, by the General and Officers of the Scotts Army and Forces, or some of them, upon the Credit of the Monies to be now paid by the Kingdom of England to our Brethren of Scotland, you, or any Two of you, are to use your best Endeavours that the said Three Thousand Pounds, or Sum so borrowed, may be re-paid out of the Monies to be now paid to our Brethren."

Order for Gen. Skippon to put Forces into Newcastle, Tynmouth, &c.

"Ordered, by the Lords and Commons assembled in Parliament, That Major General Skippon do place and put such Forces as he shall think fit into the Town of Newcastle, Tynmouth Castle, and such other Places as shall be delivered by our Brethren of Scotland unto the Kingdom of England, in Pursuance of the late Articles between the Two Kingdoms, until both Houses do take further Order."

"An Ordinance of the Lords and Commons assembled in Parliament, for the discharging of John Hobart Esquire from the Office of Sheriff of the County of Cambridge and Huntington, and for the making of Tristram Diamond Esquire in his room.

Ordinance for Mr. Diamond to be Sheriff of Cambr. and Hunt. in the room of Hobart.

"Whereas the Lords and Commons assembled in Parliament have received Information, that John Hobart Esquire, by reason of Sickness and other manifest Hinderances, is altogether unfit to execute the Office of Sheriff of the Counties of Cambridge and Huntington, to which he was lately nominated and appointed: The said Lords and Commons, taking the Premises into their Consideration, do Ordain, and be it hereby Ordained by the said Lords and Commons in this present Parliament, That the said John Hobart be discharged of and from the said Office; and that Tristram Dyamond Esquire be appointed Sheriff of the said Counties in his room; and that the Commissioners of the Great Seal of England for the Time being do issue a Commission to the said Tristram Dyamond, to be Sheriff of the said Counties, accordingly."

Votes to communicate the One about the King to the Scots.

"Ordered, by the Lords and Commons assembled in Parliament, That the Vote of both Houses, concerning the King's coming to Holdenby House, in the County of North'ton, be communicated to such Committees or Commissioners of the Kingdom of Scotland as shall be at Newcastle, and likewise to the General of the Scotts Army.

"Ordered, by the Lords and Commons assembled in Parliament, That this Vote, concerning the King's coming to Holdenby, be carried by Sir Peter Killegrew, and communicated to such Committees or Commissioners of the Kingdom of Scotland as shall be at Newcastle, and likewise to the General of the Scotts Army."

Ordinance to pardon Goodman and Hanson.

"Whereas William Goodman and Richard Hanson, now Prisoners in the Gaol at Aylisbury, in the County of Bucks, at the Assizes and Gaol Delivery held at Ailisbury aforesaid, in the said County, were convicted and condemned to die, for a Felony and Robbery; and whereas the said William Goodman and Richard Hanson do set forth, in their Petition, That they, being Troopers in the Service of the Parliament, under Captain Phipps, did within a Mile of Layton (where there was then a Troop of the King's Horse) apprehend a suspected Person with a Hanger by his Side, and took from him the said Hanger and Twelve Shillings of Money, which nevertheless, upon Notice that the said Person was not of the Enemy's Party, they did restore unto his Brother for his Use; and whereas it is certified under the Hands of the High Sheriff and Two of the Justices of the Peace of the said County, that they were present at the Arraignment of the said Petitioners, and that the Bench was informed that the Matter by them in their Petition alledged was true, and that, it being spoken in the Presence of the Party prosecuting, he did not contradict it, and also that the Persons under whom the said Goodman and Hanson served did give them a good Character: The Lords and Commons in Parliament assembled, taking the same into their Consideration, do Order and Ordain, and be it hereby Ordered and Ordained, That the said William Goodman and Richard Hanson shall have their Pardon for their said Offences, and for every other Offence for which they, or either of them, were at the said Assizes and Gaol Delivery so condemned as aforesaid: And His Majesty's Solicitor General is hereby authorized and required to prepare a Bill, containing a Pardon unto the said William Goodman and Richard Hanson, and either of them, for all Offences, whereof they, or either of them, were convicted and are condemned at the Assizes and Gaol Delivery aforesaid, together with a Grant unto them, and either of them, of their Estates Real and Personal forfeited by reason thereof; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby likewise authorized and required to cause to be passed, in usual Form, under the said Great Seal accordingly."

Ordinance to continue the One for pressing Mariners.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Ordinance dated 7 Februarii, 1645, for impresting of Mariners for the Service of the Fleet, be continued, and remain in Force, in all the Clauses and Parts thereof, both as to the Ships now Abroad, and those which shall be hereafter set forth for the Parliament's Service, until the First Day of January, 1647."

Huc usque examinatur per nos,

T. Lyncolne,

Ed. Mountagu.

Letter from the E. of Leven to the Scots Commissioners, that he will take Care of the King, and follow exactly the other Directions he has received.

"For the Honnorable the Commissioners for the Kingdome of Scotland, London. Worcester House.

"May it please your Lordships,

"I receaved your Letter by the Expresse (but non by the last Post), wherein your Lordships seriously recommended to me such Things as doe very highly concerne the Peace and Safety of the Kingdomes, which I shall ever regard with soe much Fidelity and Zeale as nothing in my Power shal bee wantinge with all Care and exact Diligence to prevent new Disturbances and further Evills, that might ensue if there were any Miscarriage at this Tyme. The Bearer hes alsoe brought me a Letter from the Parliament, desireing me to take speciall Care of His Majesty's Person, that He remaine in, and goe not from this Army unto Scotland dureing our Aboad here; and that my former Orders and Proclamations bee put to Execution, for debarring from Accesse to His Majesty's Person, and comeing to Newcastle all such English and Scotts Malignants as served against the Parliament, and have noe Permission to bee heare; which I shall likewise faithfully performe, and what further may bee propounded to me for the Good of this Cause, the Advancement of the Service, and Discouragment of disaffected Persons flattering themselves in the Hopes of our Division, shall bee followed and observed with that same Constancy of Affection wherewith I have alwayes endeavored to approve myselfe faithfull to the Publique; and your Lordships

"A most humble Servant,

Newcastle, the 28th of Dec. 1646.

"Leven.

"I knowe not what Answere to retourne to those inclosed Papers from Ireland, now presently come to my Hands, without your Lordships speciall Advise and Directions, which I expect by the very First Occasion."