House of Commons Journal Volume 5
1 January 1647

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History of Parliament Trust

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1802

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35, 36, 37, 38, 39

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'House of Commons Journal Volume 5: 1 January 1647', Journal of the House of Commons: volume 5: 1646-1648 (1802), pp. 35-39. URL: http://www.british-history.ac.uk/report.aspx?compid=24983 Date accessed: 18 April 2014. Add to my bookshelf


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Die Veneris, 1 Januarii, 1646.

Prayers.

Lay-Preachers.

THE Grand Committee of the House, according to former Order, sat, to take into Consideration the Ordinance sent from the Lords, inhibiting Persons not ordained, either in this, or some other Reformed Church, to preach.

Mr. Whittacre in the Chair.
Mr. Speaker resumed the Chair.

Message from Lords.

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

The Lords have commanded us to bring this Message, concerning the Earl of Stamford (the Lords Desires are in this Paper). A Message concerning the Vote for Disposal of the Person of the King: They have made a Preamble to it; and have appointed Sir Peter Killegrew to carry it speedily to the King; and likewise their Members of the Committee of both Kingdoms to communicate it to the Scotts Commissioners, this Afternoon; and desire your Concurrence therein: A Message concerning a Letter, touching the Excise: The Lords think fitting, that it be signed, from time to time, as Occasion shall require: wherein they desire your Concurrence. They have commanded us to put you in mind of the Ordinance concerning Lambeth Library, formerly sent to this House: A Report about Pressing of Mariners, from the Committee of the Admiralty and Cinque Ports; with an Order concerning the same; to which they desire your Concurrence: A Petition of Goodman and Hanson; with an Ordinance for a Pardon for them: It moved from this House: And the Lords agree to it, with these Additions and Alterations; to which they desire your Concurrence. They have commanded us likewise to put you in mind of the Ordinance, formerly sent you, concerning Goldsmiths Hall, that you would take it into speedy Consideration.

Earl of Stamford.

The Lords Desires, in their Paper concerning the Earl of Stamford, were read: And

It is thereupon Ordered, That it be especially referred to the Committee at Goldsmiths Hall, and recommended to them, to see the former Orders, for an Allowance to be made to the Earl of Stamford, complied withal, and put in due Execution: And Mr. Gourdon is to acquaint the said Committee with this Order.

King's Person

The Preamble to the Vote, concerning the Disposal of the King's Person, was read; and, upon the Question, assented unto.

And then the Preamble and Vote was in hæc verba; viz.

"We, Your Majesty's loyal Subjects, the Lords and Commons, assembled in the Parliament of England, having agreed upon this following Vote, do humbly present it unto your Majesty; viz."

"Resolved, by the Lords and Commons, assembled in Parliament, That Holdenby House, in the County of Northampton, be the Place, which the Houses think fit for the King to come unto; there to remain, with such Attendants about him, as both Houses of Parliament shall appoint: With Respect had to the Safety and Preservation of his Person; in the Preservation and Defence of the true Religion and Liberties of the Kingdoms, according to the Covenant: And, when the King shall be at Holdenby, as aforesaid, and the Scotts Forces gone out of this Kingdom, the Two Houses of Parliament Deolare, That then they will be ready, according to their former Declarations for preserving the peculiar Rights of the Kingdom of England, to join with the Kingdom of Scotland, in employing their best Endeavours to procure his Majesty's Assent to the Propositions agreed on by both Kingdoms, and presented to his Majesty at Newcastle; and to the Disposing of the Bishops Lands, according to the Ordinances already passed both Houses in that behalf: And, in case the King shall not give his Assent thereunto, the Two Houses are resolved still to maintain the happy Union already settled between the Two Kingdoms, according to the Treaties and Covenant."

Resolved, &c. That this House doth agree with the Lords; and doth appoint the Members of the Committee of both Kingdoms to communicate the Vote, concerning the Disposal of the King's Person, unto the Scotts Commissioners, this Afternoon: And Sir Peter Killegrew do carry the same speedily to his Majesty.

Excise.

The Letter concerning the Excise, to be signed by the Speakers of both Houses, was read.

Ordered, That Tuesdays and Thursdays in every Week, be set a-part, for taking into Consideration the Business of the Excise, the Reports from Goldsmiths Hall, and the Business of the Customs; and on those Days, weekly, no other Business to intervene: And Mr. Speaker is to put the House in mind hereof.

Mr. Cranhall.

Ordered, That the Report concerning Mr. Cranhall be made, when the Reports concerning the Excise are made.

Conference to be reported.

Ordered, That the Report of the Conference, of 28 Decembris 1646, concerning Goldsmiths Hall, be made the first Business that the Reports from Goldsmiths Hall shall be made.

Impresting Mariuers.

The Order, this Day sent from the Lords, for Continuance of the Ordinance of 7 Februarii 1645, for Impresting of Mariners, until the First Day of January 1647, was read; and, upon the Question, passed; and was in hæc verba; viz.

IT is 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 that shall be hereafter set forth for the Parliament's Service, until the First Day of January 1647.

Pardon of Goodmau, &c.

The Lords Alterations and Amendments to the Order, for a Pardon to Goodman and Hanson, were read; and, upon the Question, passed.

Answer to Lords.

Answer returned by the same Messengers;

The House has considered their Lordships Message; And, as to the Preamble to the Vote concerning the King, the Members of the Committee of both Kingdoms to communicate it to the Scotts Commissioners, and for Sir Peter Killegrew to carry it to his Majesty, they do agree: They do likewise agree to the Order for Continuance of the Ordinance for Pressing of Mariners; and to the Amendments to the Ordinance for Hanson and Goodman's Pardon: They have taken the Lords Desires, concerning the Earl of Stamford, and the rest of the Messages, into Consideration; and will send Answer thereunto by Messengers of their own.

Treaty with Scotland.

Sir Wm. Waller reports, from the Committee of Lords and Commons, that are of the Committee of both Kingdoms, the Articles of Agreement between the Kingdom of England and the Kingdom of Scotland, concerning the Payment of Four hundred thousand Pounds to our Brethren, and the Marching of their Armies and Forces out of this Kingdom, as they are ingrossed and signed: And

It is Ordered, That the said Articles be sent to the Lords by a Messenger of this House.

He further reported Instructions for the Committee, that are to go into the North to see the Articles, agreed between the Kingdom of England and Kingdom of Scotland, put in Execution: The which were read; and, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Ordered, That the Sum of Eight hundred Pounds be forthwith advanced and paid by the Committee of the Revenue unto the Committee now appointed to go into the North; that is to say, the Sum of Four hundred Pounds thereof unto the Earl of Stamford, and Two hundred Pounds apiece to Mr. Robert Goodwyn and Mr. Wm. Ashurst, for their Accommodations, to fit them for their said Journey.

Newcastle, &c. Garisons.

Resolved, &c. That Major General Skippon do place and put such Forces as he shall think fit into the Towns of Newcastle, Tinmouth 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.

The Lords Concurrence to be desired herein.
Mr. Pierepoint is to carry this Vote to the Lords.

Sheriff of Cambridge, &c.

An Ordinance for discharging of John Hobart Esquire, from the Office of the Sheriff of the County of Cambridge and Huntington, and for making of Tristram Dyamond Esquire Sheriff in his room, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Treaty with Scotland.

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.

1. 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 Berwicke, by virtue of the Treaties between the Two Kingdoms, of the Twenty-ninth of November 1643; 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.

2. That the two hundred thousand Pounds now ready, Part of the said Four hundred thousand Pounds, shall be forthwith sent to the City of York; and shall there forthwith be told by the Treasurers in whole Custody the Money now is, or by such as they, or any Two of them, shall appoint, and by such as shall be appointed by the Kingdom of Scotland, or by Sir Adam Hepburne Treasurer of the Scotts Army, or Mr. William Thompson or Mr. John Drummond, his Deputies, or any other of his Deputies; except Twelve thousand Pounds, Part thereof, which, at the Desire of the Scotts Commissioners, is reserved to be paid here in London; and is accepted for so much of the first Hundred thousand Pounds appointed to be paid at North Allerton: The which Twelve thousand Pounds the said Scotts Commissioners have Power to receive here, in manner as aforesaid; and to discharge the Kingdom of England thereof.

3. That the first Hundred thousand Pounds, except the Sum of Twelve thousand Pounds before excepted, shall be told within Six Days after the Arrival of the said Money at York; and the Second Hundred thousand Pounds within Six Days after that.

4. That the Money, so told as aforesaid, shall be sealed up in the several Bags, each to contain a Hundred Pounds, by the Seal of both Parties appointed as aforesaid to Tell the same: And shall be forthwith put into Chests, a Thousand Pounds into each Chest; and the said Chests also sealed up by the aforesaid Persons appointed to Tell the said Money.

5. That the said Persons, appointed by the Kingdom of Scotland to Tell the said Money, shall continue with the same, to see that there shall be no Alteration made thereof, after the Telling and Sealing of the same, as aforesaid.

6. That, within Five Days after the Two Hundred thousand Pounds is told at Yorke, One hundred thousand Pounds thereof shall be paid at North Allerton to Sir Adam Hepburne, or Mr. William Thompson or Mr. John Drummond, his Deputies, or any other of his Deputies, or to such others as by the Kingdom of Scotland shall be appointed to receive the same; except only the Twelve thousand Pounds reserved to be paid in London, as aforesaid.

7. That the Delivery of One hundred Chests of Money, or of a Thousand Bags, so as aforesaid sealed up, to the Persons mentioned in the foregoing Article, except before excepted, shall be, and be accounted the Payment of the said Sum of One hundred thousand Pounds: And Acquittances are thereupon to be given for the same to the said Treasurers, for their Discharge, by Sir Adam Hepburne, or Mr. William Thompson or Mr. John Drummond, his Deputies, or any other of his Deputies, or any other authorized by the Kingdom of Scotland.

Treaty with Scotland.

8. That when the said Hundred thousand Pounds, except before excepted, is come to Topcliff in the County of Yorke, and before it pass any further towards North Allerton, for the Payment of the same as abovesaid, the Kingdom of Scotland shall there deliver Hostages; Sir Walter Riddell Knight, George Hume of Wedderburne, Esquire, Sir Patrick Mackegie Knight, Alexander Strachan, of Thorneton, Esquire, Sir James Wood Knight, Sir James Lumsdaine, younger, Knight, Sir Arthure Forbes Knight, Thomas Craig, of Rikkarton, Esquire, Sir William Ker Knight, Robert Dowglas, of Tilly Whilly, Esquire, Col. John Welden, John Lesly, of Pitcaple, Esquire, or any Six of them; for Assurance that the Scotts shall quit all their Quarters, Passes, and Garisons, on the South Side Tine: And shall deliver up to such Forces as both Houses of the Parliament of England, or such as shall by them be thereunto authorized, shall appoint, all the aforesaid Places, together with all the Ordnance, Arms, and Ammunition belonging to the Kingdom of England, within Ten Days after the first Hundred Thousand Pounds shall be paid, as aforesaid; and for Assurance that they shall deliver up the Town of Newcastle, with the high Castle of the same, the Castle of Tinmouth, with all the Works belonging thereunto, the Spanish Works, the Shields, Field Fort, and all other Forts and Works on the North Side Tyne, together with all Ordnance, Arms, and Ammunition therein, belonging to the Kingdom of England, unto such Forces or Persons as shall be appointed by both Houses of the Parliament of England, or by any by them thereunto authorized, to receive the same, when and at such time as Notice is given the Second Hundred thousand Pounds is come to the North of the River of Tees, as is hereafter expressed in the Tenth Article.

9. That, within One Day after the Performance of all the Particulars, mentioned in the former Article, the said Hostages of the Kingdom of Scotland shall be again redelivered unto them, within half a Mile of the Works on the North Side of Newcastle.

10. That, after the Garisons of Hartlepoole, Stockton, Duresme, and all other Garisons, Quarters, and Passes, on the South of Tine, are quitted by the Scotts Army and Forces; and after that all the said Army and Forces are removed to the North Side of Tyne (which is to be done in Ten Days after the Payment of the first Hundred thousand Pounds, as aforesaid), that then the other Hundred thousand Pounds shall be brought to the North Side of the River of Tees.

11. That the second Hundred thousand Pounds being come to the North Side of the said River of Tees, upon Notice thereof given to the General or Commander in chief of the Scotts Army, in Writing, from him that commands the Convoy, they shall deliver up the Town of Newcastle, with the high Castle in the same, the Castle of Tinmouth, with all the Works belonging thereunto, the Spanish Works, the Sheilds, Field Fort, and all other Forts and Works on the North Side Tine, other than is provided for in the Fifteenth Article, together with all Ordnance, Arms, and Ammunition therein, belonging to the Kingdom of England, unto such Forces or Persons as shall be appointed by both Houses of the Parliament of England, or by any by them thereunto authorized to receive the same.

12. That, for the more speedy Delivery and Receiving of the said Town of Newcastle, and Castle of Tinmouth, the said Forces, that are to be put into those Garisons, are to march before the said Money and Convoy.

Treaty with Scotland.

13. That when the Scotts Army and Forces are marching out of, and the English Forces entering into, Newcastle, and Tinmouth Castle, and that there be Five hundred of the Garison, appointed by both Houses of Parliament, entered into Newcastle, and not above Five hundred of the Scotts Forces remaining therein; that then Sir William Selby, of Berwicke in the County of Northumberland, Knight, Ralph Delavale, of Seaton Delavale in the County of Northumberland, Esquire, Sir Edward Loftus, of Midlam in the County of Yorke, Viscounte Ely, Sir Thomas Trollopp, in the County of Lincolne, Baronet, Henry Mildmay, of Graces in the County of Essex, Esquire, Sir Richard Erle, of Straglethorpe in the County of Lincolne, Baronet, Sir Ralph Hare, of the County of Norfolke, Baronet, and Sir Lionell Talmache, of the County of Suffolke, Baronet, or any Six of them, shall be given Hostages by the Kingdom of England to the Kingdom of Scotland; for Assurance that the latter Hundred thousand Pounds of the Two hundred thousand Pounds shall be paid unto the Kingdom of Scotland, on the North Side of the Works of Newcastle, within a Mile of the said Works, within Six Days after the Delivery of Newcastle, Tinmouth Castle, and Places aforesaid, in manner as aforesaid to such Persons, and in such manner, as is expressed in the Sixth and Seventh Articles, for the Payment of the first Hundred thousand Pounds: And Acquittances are thereupon to be given, as in the said Seventh Article is expressed.

14. That, upon the Delivery of the said latter Hundred thousand Pounds of the Two hundred thousand Pounds, the Hostages of the Kingdom of England are forthwith to be re-delivered.

15. That, upon the coming of the latter Hundred thousand Pounds out of Newcastle, Hostages, as in the Eighth Article, shall be delivered to the Kingdom of England by the Kingdom of Scotland; for Assurance, that all the Scottish Army 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 Berwick and Carlisle may be slighted, according to the large Treaty, and Treaty for Berwick: Which shall accordingly be slighted within Ten Days after the Payment of the last Hundred thousand Pounds: 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 Berwick 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.

16. That, within Four Days after the Scotts Army and Forces shall be marched out of the Kingdom of England, and the said Garisons of Berwick and Carlile quitted, as aforesaid, the Hostages of the Kingdom of Scotland shall be delivered unto them.

17. That the Publick Faith of the Kingdom of England 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, whose 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.

Signed at Darby House in Westminster, the 23d Day of December 1646.

A. Northumberland,
Warwick,
Manchester,
William Waller,
W. Pierpont,
Gilbert Gerard,
W. Armin,
Arth. Hesilrige,
Oliver Cromwell,
Ph. Stapilton,
Ro. Wallopp
John Crew,
Ol. St. John.
Loudon,
Lauderdaill,
Charles Erskine,
Hell Kennedy,
Robert Barclay.

Instructions for Henry Earl of Stamford, Robert Goodwyn Esquire, and Wm. Ashurst Esquire.

WHEREAS there are a 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 Henry Earl of Stamford, Robert Goodwyn, and Wm. 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 so Accommodated with our Brethren, upon their Departing, as may prevent all Unkindness that might happen by any Misconstructions or Misapprehensions.

In the Prosecution of which Service,

1. You, or any Two of you, are to make your Repair to the City of York; wherein you shall so order your Journey, as to be there by the 15th of this Instant January at the farthest.

2. Whereas you are to receive, for Hostages, from the Kingdom of Scotland, the Persons as 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 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 15th 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 North Allerton, and the Scotts Convoy come hither 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 13th Article: And the said Hostages are appointed to be at York the 15th of January next, except Sir Wm. 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 Two 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, orany 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 clearly 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 unto which 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 other Sum so borrowed, may be repaid out of the Monies to be now paid to our Brethren.