House of Commons Journal Volume 4: 26 July 1645

Die Sabbati, Julii 26, 1645.

Prayers.

THE Grand Committee of the House proceeded to take into Consideration the Ordinance for Sale of Delinquents Estates.

Mr. Reynolds in the Chair.

Mr. Speaker resumed the Chair.

Mr. Whitehead brings Answer from the Lords, That the Lords do agree to the Ordinance for securing Five hundred Pounds out of the Excise, advanced for the Relief of the Prisoners taken at Naseby-Field; and to the Ordinance for securing Five thousand Pounds out of the Receipts of the Excise, to be employed for reducing Winchester and Basing.

Ordered, That Sir John Hewitt, now Prisoner in the Tower, do, for a Fine, for his Delinquency, pay One thousand Pounds within Eight Days, and One thousand Pounds more at the End of Six Months: And, in case he fail to make Payment of either of the said Sums, that then so much of his Lands shall be forthwith sold as will satisfy the same; and his Delinquency and Sequestration discharged.

Resolved, &c. That this House doth nominate and approve of Mr. Norris Jeptson to be Lieutenant-Colonel, and Mr. John Lobb to be Major, of Co onel Norton's Regiment of Foot, now at Portsmouth: And that the Committee of both Kingdoms do grant them Commissions respectively.

Resolved, &c. That this House doth concurr with the Lords, That Alexander Crawford be Lieutenant-Colonel to Thomas Browne Governor of Lincolne; and that Captain John Blythe be Serjeant-Major of that Regiment.

Resolved, &c. That this House doth nominate and approve of John Lentall, of Twickenham, Esquire, to be added to the Committees of the County of Middlesex.

Ordered, That Sir Gilbert Gerard shall have Leave to go into the Country, and to be absent from the Service of the House, for a Month.

Resolved, &c. That this House doth nominate and approve of Captain Poe, to be Captain under Colonel Rosseter, of the Troop of Horse raised in the Counties of Cambridge, Huntingdon, and Hertford; being Part of the Five hundred Horse raised in the Eastern Association: And that the Committee of both Kingdoms do grant him a Commission accordingly.

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

The Lords have commanded us to acquaint you, That they have received a Letter from Mons. Sabran the French Resident: It is, That Twelve Horses and Two Mares may be transported to the Duke of Orleance: The Lords have agreed, That the Horses may be transported, but not the Mares; and desire your Concurrence. Upon the Report of the Committee of the West, that Captain Hutchins hath owing him (as it is audited by the Admiralty) above Fifteen hundred Pounds; and that the said Captain hath done good Service; the Lords are of Opinion, That the said Sum be immediately paid to the said Captain by the Committee of the Navy; and desire your Concurrence. They commanded us to put you in mind of Mr. Porter's Ordinance; and to deliver you these Three Petitions from the Officers, Gunners, and Soldiers, belonging to the Three Castles of Deale, Sandowne, and Wolmer; of James Tooke Esquire, and of Colonel Robert Sterling: Which they desire may be taken into Consideration.

Resolved, &c. That Mons. Sabran shall have Liberty to transport Twelve Horses for the Duke of Orleans.

Ordered, That the Business concerning Captain Hutchins, shall be taken into Consideration on Monday Morning.

Answer returned by the same Messengers;

The House hath considered of your Message; and do agree, That the Twelve Horses may be transported: And, as to the rest, they will send Answer by Messengers of their own.

Ordered, That Mr. Scawen do make the Reports from the Committee of the Army, on Monday Morning.

Ordered, That the Governor of Farneham-Castle do deliver unto Thomas Herbert his Cart and Horses, that carried down the last Monies to the Army; and, being taken in their Return by the Enemy, were rescued by some of his Soldiers.

The humble Petition of Colonel Robert Sterling was this Day read.

Ordered, That this Petition be referred to Sir Henry Vane junior, Sir John Clotworthy, Mr. Reynolds, Lord Lisle, Colonel Jeptson, and Mr. Scawen, to state the Matter of Fact of the Petition; and report their Opinions, upon the whole Matter, to the House.

Mr. Lisle carried to the Lords, for their Concurrence, the Votes for Norris Jeptson to be Lieutenant-Colonel, and Mr. John Lobb to be Major of Colonel Norton's Regiment of Foot, now at Portsmouth; for John Lenthall Esquire, to be added to the Committees in the County of Middlesex; and for Captain Poe to be Captain of the Horse raised in the Counties of Cambridge, Huntingdon, and Hertford.

A Letter from Sir Thomas Fairfax, General of the Parliament's Forces, of Julii 23, was this Day read: And

It is Resolved, &c. That this House doth approve of Colonel Birche to be Governor of the Garison of Bridgewater, being thereunto nominated by the General.

Resolved, &c. That it be left to Sir Thomas Fairfax, General of the Parliament's Forces, to give such Encouragement to his Army, and in such manner, as he shall think fit.

Mr. Peters was called in; who brought the Letter of 23 Julii, from the General, about the Taking of Bridgewater: He likewise brought in some Commissions from the Prince to Colonel Edward Phillips; a Character of the Lord Jermyne's; and some other Papers: And made a large Relation of the Passages in the Storming and Taking in of Bridgewater.

Ordered, That the Key or Character, delivered this Day to the House by Mr. Peter, be referred to the Committee where Mr. Tate hath the Chair, for decyphering (if it may be) such other Letters as are not yet decyphered: And

It is further Ordered, That Mr. Gurdon be added to that Committee.

Resolved, &c. That an Hundred Pounds shall be bestowed upon Mr. Peters: And that the said Hundred Pounds be forthwith advanced and paid by the Committee of Lords and Commons for Advance of Monies, at Haberdashers-Hall.

The Lords Concurrence to be desired herein,

Ordered, That it be referred to the Committee of the Army, to take care for providing for, and supplying, the Necessities of the Army.

Ordered, That Sir Henry Vane junior, and Mr. Reynolds, do prepare a Letter to be sent from Mr. Speaker to Sir Thomas Fairfax, to take notice of his very great Service and Valour, in the Taking of Bridgewater; and in discretely and soberly ordering the Soldiers so, that no Violence hath been offered; and to return him Thanks; and to desire him, from this House, to return Thanks to the rest of the Officers.

Mr. Peters was again called in: And Mr. Speaker, by the Command of the House, returned him Thanks for his Pains and Care in his Employment.

Ordered, &c. That the Report concerning the Comptrolment of the Excise, be made by Sir Thomas Widdrington, on Monday next.

Ordered, That Mr. Corbett do make the Report concerning Ely, and the Eastern Association, on Monday next.

Ordered, &c. That the Committee appointed to view and peruse the King's Letters taken at Naseby-Field do meet on Monday Morning, in the Queen's Court, concerning those Letters.

A Message from the Lords, by Serjeant Finch and Mr. Page;

The Lords have commanded us to acquaint you, That they desire a present Conference, by Committees of both Houses, in the Painted Chamber, if it may stand with your Conveniency; concerning the Instructions that are to be given to the Commissioners that are to go into Scotland.

Resolved, &c. That a present Conference shall be had with the Lords, as is desired.

Answer returned by the same Messengers;

The House hath considered your Message; and do agree, That there shall be a present Conference, as is desired.-

Mr. Lisle brings Answer from the Lords, That the Lords do agree, That Mr. Lenthall be added to the Committees of the County of Middlesex; and that Captain Poe be Captain, under Colonel Rosseter, of the Horse raised in the Counties of Cambridge, Huntingdon, and Hertford: And as to the appointing a further Time for Hearing, upon the Impeachment against the Earl of Stanford; and for Norris Jeptson to be Lieutenant, and John Lobb Major, of Colonel Norton's Regiment of Foot, at Portsmouth; they will send Answer by Messengers of their own.-

Mr. Ellis, Mr. Prideauxe, Mr. Lisle, are appointed Reporters of this Conference.

Mr. Lisle reports from the Conference, That the Lord Roberts told them, That they had considered of what was delivered by a Committee of this House at a late Conference, concerning the Instructions for the Commissioners that are to go into Scotland: And that, as to the Manner of passing them, the Lords were not mistaken in the Proceedings of Parliament: That they were delivered by a Message, and not at a Conference, by reason of the important Haste of them, and other the great Affairs of this House; being first prepared by a Committee, and reported to their Lordships: That the Lords put some Difference between an Ordinance and a Bill: And that, if .. had been a Bill, they should not have done so; and instanced in the Ordinance for the Directory: To which Amendments were sent from this House, and passed, after both Houses had agreed: And, as to the Matter, their Lordships left out the Sixth Instruction, to make a Congruity in the rest; this House having omitted the Eighth: And the Lords did desire, That all which was new, and differing from the Treaty, might be left out.

Resolved, &c. That this House doth agree with the Lords, to leave out the Sixth Instruction, in manner as is propounded; with a Salvo to the Privileges of this House.

Ordered, &c. That the Reformadoes that are now in Surry, be forthwith sent out of the County of Surry, to live upon the King's Quarters in Hantshire, in such Places as the Committee of Hants shall appoint.

Ordered, &c. That it be referred to the Committee of Accompts, to receive, state, and perfect, the Accompts of those Reformadoes that were employed by the Committee of the West, to the Relief of Taunton; to the end that the Fifth-Part of the Arrears, formerly voted unto them, may, upon the Auditing of their Accompts, be provided and paid unto them: And that, in the mean time, if they, or any of the Committee of the West for them, shall discover any concealed Estate of a Delinquent, that, upon the Report of it to the House, the Proceed thereof shall be employed towards the Pay of the said Fifth-Part of their Arrears.

An Ordinance of Parliament to the present Commissioners, to treat and conclude with the Parliament of Scotland, or the Commissioners of Estates of Scotland, according to such Instructions as shall be given them from both Houses of the Parliament of England.

1. YOU shall forthwith repair into the Kingdom of Scotland; and you shall make your Addresses to the Parliament there, or any deputed by them as shall have Power and Authority to treat with you, upon such Matters as you have received, or shall receive, in Charge; and to negotiate in that Kingdom as Committees or Commissioners of and from the Parliament of England: And, having performed the Things wherewith you are intrusted, you are to return, and repair to the Parliament of England, to render an Account of your Employment.

2. You are to let them know the Two Houses good Acceptance of that brotherly Assistance they have received from that Kingdom; and return them Thanks.

3. You are to let them know, That a good and mutual Correspondency between the Two Kingdoms, united in this great Cause by solemn League and Covenant, is very earnesty desired by both Houses: And you are, to that Purpose, to use your best Endeavours for the Continuing thereof; and to give the best Satisfaction you can, in all Things that may seem to have given any Occasion of Difference; and to desire the like from them:

4. To acquaint them with the great Streights we are in for Want of Money; and that whatsoever Payments from hence have not been made, in pursuance of the Treaty, it hath not proceeded from any Want of Affection, or Want of Intention to make good our Engagements.

5. You shall propose, That the Works about Carlile may be slighted, and the Place dismantled; and that the Scottish Garison, now in Carlisle, put in there without the Consent of the Parliament of England, be forthwith removed, in pursuance of the large Treaty of both Kingdoms.

6. You shall demand the several Garisons in WorkeworthCastle, Tynmouth-Castle, Newcastle upon Tyne, Hartlepoole, Stockdon-Castle, and Thirlewall-Castle, may be removed; being placed there without the Consent of both Houses of the Parliament of England, or their Committees.

7. You shall insist upon it, That all Protections already given to the Persons, Goods, or Estates, of any Delinquents, without the Consent of the Parliament of England, or their Commissioners, be limited to their just Intentions; which is, only for Restraining of the Soldiers from all Acts of Violence against the Persons so protected; and not extended to the Prejudice of any Ordinance of Parliament, or Order of both or either House of Parliament: And that no Protections be granted, or Capitulations made, without the Consent of the Parliament of England, or their Committees: And that, if any Protections have or shall be granted or made otherwise, that they shall be held void and null.

8. That a Commission be granted under the Great Seal, as in One thousand Six hundred Forty-one, for the taking and adjusting the Accompts of Yorkeshire, of the City and County of the City of Yorke, Northumberland, the Borough of Barwick upon Tweed, Cumberland, Westmerland, the County of Durham, and County of Newcastle, between the Scotts Army and the said several Counties, ariseing either by Assessments, Free-Quarter Billeting, or any other way. You shall offer to the Parliament of Scotland, or their Committees, that they may send some Commissioners, if they please, to be present at the Adjusting of the Accompts in the several Counties above-mentioned.

9. You shall take care, that all the Articles of the several Treaties between the Two Kingdoms be observed and kept.

10. You shall represent to the Parliament of Scotland, or their Committees or Commissioners, in that Behalf, all Oppressions, Wrongs, and Injuries, offered contrary to the said Articles; and desire such Remedy as to Justice shall appertain.