House of Lords Journal Volume 8: 16 December 1646

DIE Mercurii, 16 die Decembris.

PRAYERS, by Mr. Seaman.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

L. Campden, Leave to stay in Town;

Ordered, That the Lord Viscount Campden shall have Leave to stay in Town, he having taken the Covenant and Negative Oath.

E. of Bath,

Ordered, That the Earl of Bath shall have Leave to stay in Town, he having taken the Covenant and the Negative Oath.

L. Pawlett,

Ordered, That the Lord Pawlett shall have Leave to stay in Town, he having taken the Covenant and the Negative Oath.

and the Count. of Banbury, Rutland, &c.

Ordered, That the Countess of Banbury, the Countess of Rutland, the Lady Mountagu, and the Lady Brudnell, shall have Leave to stay in Town, they having taken, or shall take, the Negative Oath.

Writs of Error brought in.

This Day Mr. Justice Bacon brought in these Writs of Error:
Lynnen Plaintiff and Williamson Defendant.
Turnor Plaintiff and Marston Defendant.
Smyth Plaintiff and Thacker Defendant.
Norton Plaintiff and Jay Defendant.
Sterne Plaintiff and Davies Defendant.
Cooke Plaintiff and Verney Defendant.
Gregg Plaintiff and Woodward Defendant.
Cony Plaintiff and Manning Defendant.
Baggott Plaintiff and Blockley Defendant.
Jones Plaintiff and Vesey Defendant.
Smyth Plaintiff and Simpson Defendant.
Wymnatt Plaintiff and Marsh Defendant.
Taylor Plaintiff and Collins Defendant.
Bent Plaintiff and Swinfen Defendant.
Morgan Plaintiff and Southcott Defendant.
Mathewes Plaintiff and Batty Defendant.
Thomas Plaintiff and Simson Defendant.
Payne Plaintiff and Bacon Defendant.

Ld. Mohun, Leave to stay in Town.

Ordered, That the Lord Mohun shall have Leave to stay in Town, he having taken the Covenant and the Negative Oath.

E. of Worcester's Petition, for an Allowance.

Upon reading the Petition of the Earl of Worcester: It is Ordered, To be sent to the House of Commons, that, in regard of his Sickness and Want, he may have some Means allowed him out of his own Estate.

Message from the H. C. with an Ordinance for 4000 l. to the E. of Essex's Servants.

A Message was brought from the House of Commons, by Mr. Solicitor General, &c. who brought up an Ordinance for Four Thousand Pounds to be paid the Earl of Essex's Servants which is due to the State, wherein the Lords Concurrence is desired.

The Ordinance was read Twice, and committed to these Lords following, before whom the Countess of Essex is to be (fn. 1) heard what she can say for herself; and Report hereof to be made to this House:

Any Three, to meet on Saturday next, at Nine of the Clock in the Morning; (fn. 2) and afterwards when they please.

The Answer returned was:

Answer.

That this House will take their Message into Consideration, and send an Answer by Messengers of their own.

Message from the H. C. with Articles about the Scots marching Home.

A Message was brought from the House of Commons, by John Crew Esquire:

That they had agreed upon some Articles concerning the marching away of the Scotch Army, wherein they desire their Lordships Concurrence.

The said Articles were read, and Agreed to; and the Committee to meet this Afternoon about it.

(Here enter them.)

Bedwell and Saunders, in Error.

Upon reading the Petition of John Sanders; complaining, "That Bedwell hath not prosecuted his Writ of Error depending in this House, according to the Order of their Lordships; desires therefore it may be remitted."

It is Ordered, That, if Bedwell doth not shew Cause to the contrary by this Day Sevennight, the Judgement in the King's Bench shall be confirmed, and the Writ of Error returned.

Sir L. Watson to be heard, about his Estate being granted to Sir J. Corbett.

Upon reading the Petition of Sir Lewis Watson; desiring "to be heard, concerning an Order made to Sir John Corbett, touching some Part of his Estate granted to him, for which he hath compounded at Gouldsmithes Hall:"

It is Ordered, That he shall be heard, by Counsel, on Saturday Morning next; and Sir John Corbett to have Notice of it, to be heard also.

Ld. Conway; Leave to stay in Town.

Ordered, That the Lord Viscount Conway shall have Leave to stay in Town, he having taken the Covenant and Negative Oath.

Proceedings against Carvaials, on account of his Religion, stayed.

Upon reading the Petition of Ferdinando Carvalls, a Spanish Merchant; complaining, "That he hath Taxes put upon him, and his Goods sequestered, because he is a Papist:"

It is Ordered, That it is referred to the Committee of Lords and Commons for Sequestration, to examine the Business; in the mean Time, the Proceedings against him to stay.

Dutchess of Richmond, Leave to stay in Town;

Ordered, That the Dutchess of Richmond shall have Leave to stay in Town, she being sick, and not able to remove.

March. of Hertford;

Ordered, That the Lady Marq. Hertford, in regard of her ill Health, shall have Leave to stay in Town.

and E. Rivers, when he has taken the Covenant.

Ordered, That the Earl Rivers shall have Leave to stay in Town, he having first taken the Covenant and the Negative Oath: And the Lord North and the Earl Stamford are to tender the Covenant to his Lordship.

Message to the H. C. for Committees to meet about disposing of the Great Seal.

A Message was sent to the House of Commons, by Dr. Aylett, &c.

To desire the Committee formerly appointed for to consider of the disposing of the Great Seal of England may meet To-morrow in the Afternoon, at Three of the Clock.

Mayor of Dover, not to attend.

Ordered, That the Order for sending for the Mayor of Dover, for staying the Letters of the French Ambassador, is discharged; the Ambassador having his Letters restored to him, and well satisfied.

Message from the H. C. with an Order and Ordinance.

A Message was brought from the House of Commons, by Mr. Harvy, &c.

To desire Concurrence, in

1. An Ordinance concerning the Oaths of the Surveyors of the Bishops Lands.

2. An Order concerning the Lady Blaney.

The Answer returned was:

Answer.

That this House will take their Message into Consideration, and send an Answer by Messengers of their own.

E. of South'ton and Ld. Dunsemore to leave London.

Ordered, That the Earl of South'ton and the Lord Dunsemore have Leave to stay in Town till Monday next, to fit themselves for their Journey, at which Day they are to depart this Town.

Message from the H. C. for the Commissioners of the Great Seal to be continued.

A Message was brought from the House of Commons, by Mr. Sam. Browne, &c.

To desire their Lordships Concurrence, that the former Commissioners shall be continued Commissioners of the Great Seal for Twenty Days longer, after the Expiration of the former Time.

The Question being put, "Whether to agree with the House of Commons in this Vote for continuing the Great Seal of England in the Hands of the former Commissioners for Twenty Days longer, after the Expiration of the former Time?"

And it was Resolved in the Affirmative.

The Answer returned was:

Answer.

That this House agrees to the Vote now brought up.

"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.

Articles concerning paying the Money due to the Scots, and for their marching Home.

"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 Garrison of Berwicke by virtue of the Treaties between the Two Kingdoms of the 29th of November, 1643, and for all full Satisfaction for all their Pains, Hazards, and Charges, and whatever else the Kingdom of Scotland can claim for their said Army and Forces by virtue of the said Treaties, and of all Demands from the Kingdom of England, contained in a general Estimate given in to the House of Commons from the Scotts Commissioners, together with a Paper bearing Date the 18th Day of August, 1646.

"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 Yorke, and shall there forthwith be told by the Treasurers in whose 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 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 One 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 One 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 Yorke, and the Second One 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, One 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 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 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 his Deputies, or any other authorized by the Kingdom of Scotland.

"8. That, when the said One Hundred Thousand Pounds, except before excepted, is come to Topcliffe, 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, for Assurance that the Scotts shall quit all their Quarters, Passes, and Garrisons, on the South Side Tyne; 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 One Hundred Thousand Pounds shall be paid as aforesaid; and for Assurance that they shall deliver up the Town of Newcastle with The High Castle in the same, the Castle of Tynmouth with all the Works belonging thereunto, the Spanish Works, The Sheilds, Feild 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 One 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 re-delivered unto them, within Half a Mile of the Works on the North Side of Newcastle.

"10. That, after the Garrisons of Hartlepoole, Stockton, Duresme, and all other Garrisons, Quarters, and Passes, on the South of Tyne, (fn. 3) 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 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 Tynmouth with all the Works belonging thereunto, the Spanish Works, The Sheilds, Feild Fort, and all other Forts and Works on the North Side Tyne, other than is provided 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 Towns of Newcastle and Castle of Tynmouth, the said Forces that are to be put into those Garrisons are to march before the said Money and Convoy.

"13. That when the Scotts Army and Forces are marching out of, and the English Forces entering into Newcastle and Tynmouth Castle, and that there be Five Hundred of the Garrison appointed by both Houses of Parliament entered into Newcastle, and not above Five Hundred of the Scotts Forces remaining therein, that Hostages shall then be given 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, Tynmouth Castle, and Places aforesaid, in Manner as aforesaid, in such Manner as is expressed in the Seventh Article for the Payment of the First Hundred Thousand Pounds.

"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 said 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 Scotts Armies and Forces shall march out of the Kingdom of England within Ten Days after the Payment of the latter Hundred Thousand Pounds; and that Berwicke and Carlile be slighted according to the large Treaty, and not otherwise; 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 Forces or 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 likewise are appointed to see Berwicke and Carlile 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.

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

Chamberlain to be instituted to Bulmer.

Ordered, by the Lords in Parliament assembled, That Mr. Dr. Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto John Chamberlayne Master of Arts, unto the Vicarage and Parish Church of Bulmer, in the County of Essex, void by the Death of John Dinnell the last Incumbent, salvo Jure cujuscunque; the said Mr. Chamberlayne taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Thomas Bayles Esquire, the Patron pro hâc vice: And this to be a sufficient Authority in that Behalf.

Commissioners of the Great Seal continued.

"Resolved, &c. That the Custody of the Great Seal of England shall continue in the Hands it now remains for Twenty Days after the Expiration of the Time it is now to continue, and likewise the Commission to the Judges, &c. for hearing of Causes."

Adjourn.

House adjourned till 10^a cras.