House of Lords Journal Volume 8: 22 December 1646

DIE Martis, 22 die Decembris.

PRAYERS, by Mr.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Disturbance in Dartford Church.

The Lord Robertes informed this House, "That, upon Sunday last, his Lordship being at Church, at Dartford, in Kent, some Persons came into the Church and disturbed the Congregation, and charged the Minister for preaching false Doctrine the Sunday before."

Parties sent for.

And this being averred upon the Honour of his Lordship: It is Ordered, That the Persons shall be attached, and brought before this House; and then further Consideration shall be had thereof.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer:

That they agree to the Amendments in the Ordinance concerning the Water Guards: (Here enter it.) To all the rest, the House of Commons will return an Answer by Messengers of their own.

Petition from the City.

Next, the House was adjourned into a Committee of the whole House during Pleasure, to take into Consideration the Petitions of the Lord Mayor, Aldermen, and Common Council of the City of London, and the Petition of the Citizens of the City of London.

The House was resumed.

Sir T. Fairfax to give an Account what Officers have taken the Covenant.

And it is Ordered, That a Letter be sent to Sir Thomas Fairefax, "That whereas, by Ordinance of Parliament, the Covenant was to be tendered to all the Officers and Soldiers in the Army, of which this House hath received no Account yet; that he give a particular Account, by Letter to this House, who have taken the Covenant in the Army, and who have not."

The House was adjourned into a Committee again.

And the House being resumed;

And these Two Questions were propounded:

Declaration about the King's coming to One of His Houses.

"1. Whether there shall be a Committee appointed, to consider of some Declaration to be offered to the House, concerning the King's coming to One of His Houses ?

"2. Whether we shall pursue a former Vote, made the 21th of October?"

Next, the Question was, "Whether the First shall be first put?"

And it was Resolved in the Affirmative.

Then the First Question was put, and Resolved in the Affirmative.

The House then nominated these Lords Committee following, in Pursuance of it:

Any Seven, to meet presently.

Message from the H. C. with a Paper from the Scots Commissioners;- for Sir T. Huggins to be Governor of Lynn; and Bence a Commissioner of the Navy.

A Message was brought from the House of Commons, by Sir Gi'b't Gherrard:

1. That they have received a Paper from the Scotch Commissioners, to which they do agree, with some Alterations, wherein their Lordships Concurrence is desired.

2. To desire Concurrence, that Sir Tho. Huggins be Governor of Lynn. (Here enter it.)

Agreed to, upon the Question.

3. That Mr. Bence be a Commissioner of the Navy, in the Place of Captain Morris deceased.

Articles concerning the Scots marching Home, &c.

The Ordinance and Articles concerning the Scotch Treaty was read. (Here enter it.)

And the Question being put, "Whether to pass this Ordinance without Amendments ?"

And it was Resolved in the Affirmative.

To be communicated to the Scots Commissioners.

Ordered, That the Lords of the Committee of both Kingdoms shall communicate these Articles to the Scotch Commissioners.

The Answer returned was:

Answer to the H. C.

That this House agrees to those Articles and Ordinance now brought up, concerning the Treaty with the Scotts Commissioners; and they agree to the making Sir Tho. Huggins Governor of Lyn: To the rest, they will send an Answer by Messengers of their own.

Answer from thence.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:

That the Ordinance concerning Lay Preachers they have taken into their Consideration, and will send an Answer by Messengers of their own.

To the Alterations concerning Hostages; and to the Proviso in the Ordinance for making Major General Skippon Governor of Newcastle; and to the Alterations concerning the Articles of Agreement with the Scotts Commissioners; they do agree to them.

(Here enter them.)

Order to prevent Disturbances in Churches.

An Order was brought in, and read, "That no Disturbance shall be made to Ministers in Churches, &c. and approved of." (Here enter it.)

To be published.

And Resolved, upon the Question, That the said Order shall be printed, and published in all Parish Churches and Chapels within the Kingdom of England and Dominion of Wales; and that the Lord Mayor of the City of London is required to see the same published in all Churches in the City of London and Liberties thereof.

Declaration about the King coming to One of His Houses.

The House was adjourned during Pleasure; and the Committee appointed to consider of a Declaration to be offered to the House, concerning the King's coming to One of His Houses, did meet presently about it.

The House being resumed;

The Earl of Manchester reported what the Committee had drawn up concerning the King.

And it was approved of, with some Alterations, as follow:

"That, the King being now in England, it is Resolved, by the Lords and in Parliament assembled, That He may come to Newmarkett, 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; and then the Two Kingdoms are mutually to consider and determine what is necessary for the common Peace, reserving to each their Rights of Exercise of their respective Interests in providing for their respective Securities."

Ordered, That this be sent to the House of Commons for their Concurrence.

Committee of both Kingdoms to sign the Articles with the Scots.

"Resolved, upon the Question, by the Lords and in Parliament assembled, That the Members of both Houses that are of the Committee of both Kingdoms, or any Six of them, whereof One Lord and Two Commoners, have Power to sign the Articles of the Treaty between the Two Kingdoms this Afternoon."

Committee to prevent Disturbances in the North.

Ordered, That One Lord of this House, videlicet, the Earl of Stamford, shall be sent into the North, with a proportionable Number of the House of Commons.

Petition from the City.

Ordered, That To-morrow this House will proceed in the City Petitions.

Trvon and Wright.

Ordered, That the Cause between Tryon and Mr. Wright shall be heard on Thursday next.

Boilston and Poole.

Ordered, That the Cause between Boilston and Poole shall be heard on Thursday next.

Col. Villiers and Hill attached, for attempting to carry away the D. of York.

The House was informed, "That Colonel Villiers and one Lewis Hill are attached, about the Design of the carrying away of the Duke of Yorke; but there is One Person not yet apprehended."

Hereupon it is Ordered, That a Committee be appointed, to examine the Persons, and to consider of what Directions is fit to be given to the Earl of Northumb. for the better preventing any such Attempts for the future; which he observing, shall be for his Indemnity; and to acquaint the House of Commons herewith, at a Conference; and that the Examination may be in the Presence of a Committee of the House of Commons, because the Duke was committed unto the Care of the Earl of Northumb. by the Order of both Houses.

Committee to examine them and others concerned in this Design.

The Lords Committees Names are these:

Any Four, to meet To-morrow in the Afternoon, at Three of the Clock; and to adjourn from Time to Time as they shall see Cause.

Message to the H. C. for a Conference about it; and with the following Particulars.

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:

1. To communicate to them the Declaration concerning the Person of the King, and desire their Concurrence therein.

2. To desire their Concurrence in the Vote concerning the signing of the Treaty with the Scotts Commissioners.

3. That the Lords have appointed One Lord to go into the North, as they desired.

4. To desire a Conference To-morrow Morning, at Ten of the Clock, concerning the Duke of Yorke.

Order to prevent Disturbances in Churches:

"The Lords in Parliament assembled, taking into Consideration that some Anabaptists and other Sectaries have disturbed the Ministers and Congregations in some Churches of this Kingdom, to the Disturbance of the Public Peace, and Disparagement of the Laws, Statutes, and Government of this Realm, do Order, That the Constables and Headboroughs, within the several Parishes in the Counties of England and Wales, shall arrest the Bodies of all and every such Person and Persons as aforesaid, who shall disturb any Minister in Holy Orders whilst he is in the Place or Places of exercising his Public Calling, by speaking to him, or using unreverend Gesture or Actions, and as contrary to the Satutes and Laws of this Realm; and that they carry the Bodies of such Offenders before some Justice of Peace of the same County, who is required, upon Proof of such Disturbance, to execute the Laws and Statutes of this Realm upon them, according to Justice; and hereof the Lords in Parliament will require a strict Account of the said Justices and other Ministers."

To be published.

"Ordered, by the Lords in Parliament assembled, That this Order be printed and published by the Printer belonging to this House; and that the same be publicly read by all Ministers, in the several Churches and Chapels within the Lines of Communication, and the several Counties of the Kingdom of England and Dominion of Wales; and that the Lord Mayor of the City of London is hereby required to cause this Order to be put in Execution accordingly, within the said City and Liberties thereof."

Sir. T. Huggins to be Gov. of Lynn.

"The Lords and Commons assembled in Parliament do nominate and appoint Sir Thomas Hoogan Knight, to be Governor of the Town of Lynn; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission to be Governor of the said Town accordingly."

Articles about the Scots marching Home, and paying them.

"First Article, as now altered.

"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 Barwicke by virtue of the Treaties between the Two Kingdoms on the 29th 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.

"15 Article, as now altered.

"That, upon the coming of the 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 Scottish Armies 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 Berwicke; 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 Barwicke 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.

"The Houses do assent to the Addition of this Article following, to be the 17th Article of the Articles of Agreement concerning the Payment of Four Hundred Thousand Pounds to our Brethren of Scotland:

"The 17th Article now added.

"That the Public Faith of the Kingdom of England shall be 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, (videlicet,) 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.

"That the Houses do insist upon their former Instructions, That, after the Payment of the First Hundred Thousand, the Army shall require or take no Money from the Country, nor no Goods whatsoever, but shall pay for all such Provisions as they shall receive from the Country."

Ordinance to continue the Water Guards on The Thames.

"Whereas, for Maintenance of the Water Guards at the Two Block-Houses set up in the North and South Side of the River of Thames above Bridge, and a Pinnace below Bridge, an Ordinance of Parliament, of the 7th of January, 1644, was passed, whereby it was Ordained, That the Commissioners of Excise should pay unto the Committee of London, for Fortifications, the Sum of Fifty-six Pounds Monthly, for and during the Time of Six Months; and whereas, by an Ordinance of the 11th of September, 1645, the afore-recited Ordinance was continued for One whole Year longer, from the 18th Day of May then last past: Which Time being expired, the Lords and Commons in Parliament assembled, finding it convenient that the said Water Guards at the said Blockhouses and Pinnace should be continued and maintained for some short Time, do therefore Order and Ordain, That the Commissioners of Excise shall continue the Payment of Fifty-six Pounds per Month, Monthly, for and during the Space of Five Months, and the Sum of Fifty Pounds per Month, Monthly, during the Space of Four Months more, accounting Twenty-eight Days to each Month, from the 18th Day of May last past, for the Payment and Maintenance of the Officers and Soldiers belonging to the said Blockhouses and Pinnace, unto Mr. James Story, a Member of the said Committee of Fortifications, or, in his Absence, to such other of the Committee as shall be nominated or appointed at a full Committee under their Hands, whose Receipts from Time to Time shall be their Discharge, and shall be allowed unto the said Commissioners of the Excise upon Accompt; and the said Committee shall from Time to Time give Order to the Commander in Chief for the said Guards, to disburse and pay out the said Monies Monthly, of which he is to give an Accompt to the said Committee."

Gen. Skippon to be Gov. of Newcastle.

"The Lords and Commons assembled in Parliament do approve of Major General Skippon to be Governor of Newcastle, Gateside, and Tynmouth Castle, until they shall take further Order: Provided, That this Ordinance, nor any Thing therein contained, shall no Way prejudice the Earl of Northumberland' Right, Title, or Interest, unto the Castle of Tynmouth."

Morris to be instituted to Killingworth;

Ordered, &c. That Mr. Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto William Morris Master of Arts, to the Vicarage of Killingworth, in the County of Warwicke, void by Cession of the last Incumbent, salvo Jure cujuscunque; the said Mr. Morris taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Monmouth, Patron.

Selby to Amner;

Ordered, &c. That Mr. Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, (fn. 1) to give Institution and Induction unto Mr. William Selby Clerk, to the Parsonage of Amner, in the County of Norff. Salvo Jure cujuscunque; the said Mr. Selby taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Cuthbert Norris Esquire, Patron.

Oultremare to St. John's;

Ordered, &c. That Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Nicholas Oultremare Clerk, to the Rectory of St. John's, in the County of Cornwall, void by the Resignation of the late Incumbent, salvo Jure cujuscunque; the said Mr. Oultemare taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.

Cannon to Harpeford, &c.

Ordered, &c. That Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Thomas Cannon Clerk, to the Vicarage of Harpeford, with the Chapel of Venawtry annexed, void by the Death of Humphrey Duke Clerk, the late Incumbent, salvo Jure cujuscunque; the said Mr. Canon taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Rob't Duke Esquire, Patron pleno Jure.

and Glanvil to Somersham.

Ordered, &c. That Mr. Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Richard Glanvill Clerk, to the Rectory of Som'sham, in the County of Suff. Salvo Jure cujuscunque; the said Mr. Glanvill taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Sir William Dayly, Patron.