House of Commons Journal Volume 5: 31 December 1646

Die Jovis, 31 Decembris, 1646.

Prayers.

Private Petitions, &c.

ORDERED, That Saturday next be appointed for the Hearing of private Petitions and Businesses; and those which concern the Members, in the first place.

Cheshire.

Ordered, That the Business concerning Cheshire be reported on Monday next, the first Business.

Exchange of Prisoners.

Ordered, That it be referred to the Committee of the Admiralty and Cinque Ports, to exchange the Irish Rebels taken at Sea, and now Prisoners to the Parliament, for the Redeeming of such Englishmen as have been taken at Sea, and made Prisoners by the Rebels at Wexford, or elsewhere in Ireland.

The Lords Concurrence to be desired herein.

Irish Affairs.

Ordered, That on Monday next, the first Business after the Report, concerning Cheshire, the House do take into Consideration the Reports from Ireland.

Berwick and Caerlisle.

Sir Thomas Widdrington reports Instructions for Commissioners to see the Fortifications of Berwick and Caerlisle, slighted, and for Dispatch of such other Matters as are hereafter in the Instructions mentioned: The which Instructions were read.

Resolved, &c. That the Place to which the Ordinance and Arms in Berwick, belonging to the Kingdom of England, shall be conveyed, shall be the Town and County of Newcastle upon Tyne.

The said Instructions were read again the Second time; and, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Sir Thomas Widdrington is appointed to carry them to the Lords.

Letter to Gen. Leven.

Mr. Thorpe reported the Copy of a Letter, to be sent from Mr. Speaker, by the Command of the House, to General Leven, to acquaint him with the Votes concerning the Scotts Armies not taking Monies, or any Goods, from the Country, upon their March out of this Kingdom, after the Receipt of the First Hundred thousand Pounds: The which was read; and, upon the Question, assented unto.

Arms, &c. at Newcastle.

A Letter from Mr. Hugh Monate to Mr. Speaker, desiring him to acquaint the House, That a Servant of the Earl of Leven's doth desire, that, if some Arms and Ammunition of the Earl of Leven's, now at Newcastle, can be useful in those Parts, some may be appointed to speak with him about them; he having Power to sell them.

Resolved, &c. That the Earl of Leven's Servant be acquainted, That this House hath no Use of the Arms and Ammunition belonging to General Leven, now at Newcastle.

Reve's Petition.

Ordered, That the Petition of George Reve Esquire, Executor of Sir Henry Reve Knight, deceased, be read on Saturday Morning next.

Letter read.

A Letter from Sir Thomas Fairfax General, of 27 Decembris 1646, from Northampton, concerning the Convoy appointed by him to go with the Money to our Brethren of Scotland, was this Day read.

Message to Lords.

Sir Robert Harley went to the Lords, to desire a Conference with them, so soon as it may stand with their Conveniency, concerning the Matter of the last Conference, touching the Disposal of the Person of the King.

He carried to them, for their Concurrence, the Vote for continuing the Ordinance for Hull for Three Months: And the Order for Exchanging of Irish Rebels, Prisoners to the Parliament, for Englishmen, Prisoners to the Rebels in Ireland.

London Petition.

The House, according to former Order, proceeded in the Consideration of the Petition from the Lord Mayor, Aldermen, and Common Council of the City of London.

Letter read.

A Letter from Mr. Cuffley, from Guilford, of 28 Decembris 1646, concerning some Misdemeanors committed by some disorderly Persons there, was this Day read.

Answer from Lords.

Sir Robert Harley brings Answer, That the Lords will grant a Conference, in the Painted Chamber, concerning the Matter of the last Conference, presently: They do agree to the Order for Exchange of the Irish Rebels: And, as to the Ordinance for Hull, they will send Answer by Messengers of their own.

Message from Lords.

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

The Lords have commanded us to bring you this Ordinance concerning the Militia of the City: In which they desire your Concurrence.

They have likewise sent a Paper from the Committee of both Kingdoms, containing the humble Desires of Captain Drummond, in Name of the Scottish Army in Ireland: A Paper from the Commissioners of the Church of Scotland.

Scotch Army in Ireland.

Ordered, That this Paper of Captain Drummond's be taken into Consideration on Monday next, being appointed to consider of the Reports for Ireland.

Answer to Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and will send Answer thereunto by Messengers of their own.

Ordered, That the House do meet this Afternoon at One of Clock.

Post meridiem.

Grant to Whitelock, &c.

AN Ordinance for the Payment of Two thousand Pounds to Mr. Whitelock, and One thousand Pounds to Sir John Merrick, by Sir Humphry Forster Baronet (which said Sums are remaining in his Hands, being a Debt due by the said Sir Humphry to Mr. George Mynne, a Delinquent); and for vacating all Securities given for the same, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Sir John Holland is appointed to carry this Ordinance to the Lords.

Letters read.

A Copy of a Letter written from Colonel Dodson, from Croyland, of 18 Decembris 1646, written to Mr. Walker, one of the Assembly of Divines (the Original whereof remains in the said Mr. Walker's Hands), was this Day read.

A Letter from the Governor and Committee at Coventry, of 28 Novembris 1646, from Coventry, concerning one Copp, was this Day read.

Candles.

Ordered, upon the Question, That Candles be forthwith brought in.

Lay Preachers.

The Question being propounded, That this House shall declare, that they do dislike, and will proceed against all such Persons as shall take upon them to preach, or expound the Scriptures, in any Church or Chapel, or any other publick Place; except they be ordained either here, or in some other Reformed Church; as it is already prohibited in an Order of both Houses of the Six-and-twentieth of April One thousand Six hundred Forty-five;

The Question was put, That these Words, "or expound the Scriptures," shall be in this Question;

The House was divided.
The Yeas went forth.

So as the Question passed with the Affirmative.

The Question being put, That these Words, "or any other publick Place," shall be transposed; and made "or any other Place appointed for Public Worship;"

It passed with the Negative.

And then the Question being put, That this House shall declare, that they do dislike, and will proceed against all such Persons as shall take upon them to preach, or expound the Scriptures, in any Church or Chapel, or any other publick Place; except they be ordained either here, or in some other Reformed Church; as it is already prohibited in an Order of both Houses, of the Six-and-twentieth of April One thousand Six hundred Forty five;

It passed with the Affirmative.

The Question being put, That, in this Clause, "that this House shall declare," the Word "shall" be altered, and made "doth;"

It passed with the Affirmative: And

It is thereupon Resolved, &c. That this House doth declare, that they do dislike, and will proceed against all such Persons as shall take upon them to preach, or expound the Scriptures, in any Church or Chapel, or any other Publick Place; except they be ordained, either here, or in some other Reformed Church, as it is already prohibited in an Order of both Houses; of the Six-and-twentieth of April One thousand Six hundred Forty-five: And likewise against all such Ministers, or others, as shall publish and maintain, by Preaching, Writing, Printing, or any other way, any thing against or in Derogation of the Church Government, which is now established by the Authority of both Houses of Parliament: And also against all and every Person or Persons, who shall willingly and purposely interrupt or disturb a Preacher, who is in the publick Exercise of his Function. And all Justices of Peace, Sheriffs, Mayors, Bailiffs, and other Head Officers of Corporations, and all Officers of the Army, are to take Notice of this Declaration; and, by all lawful Ways and Means, to prevent Offences of this kind; and to apprehend the Offenders, and give Notice thereof unto this House; that thereupon Course may be speedily taken for a due punishment to be inflicted on them.

Ordered, That this Declaration be forthwith printed and published.

Ordered, That the Knights and Burgesses of the several Counties and Places do send some of the said Declarations, so printed, into the several Counties and Places for which they serve; to be there published.

Mr. Holles, Mr. Tate, Lieutenant General Cromwell, Sir Phillip Stapilton, Mr. Nathaniel Fiennes, Mr. Swinfen, Sir Samuel Luke, Mr. Charleton, Sir James Harrington, Mr. Grove, Colonel Norton, Mr. Pury Mr. James Fiennes, Sir Richard Onslowe, Mr. Henry Darley, Sir John Evelyn of Surrey, Colonel Massie, Sir John Burgoine, Mr. Nicholls, Sir Walter Erle, Mr. Clive, Mr. Strode, Mr. Gott, Sir William Waller, Colonel Venn, Mr. Gell, Sir Guilbert Gerard, Major Harrison, Sir Robert Harley, Mr. Rigby, Mr. Owfield, Sir Ralph Ashton, Colonel Birch, Mr. Marten, Mr. Beddingfield, Colonel Ashton, Mr. John Fiennes, Colonel Leigh, Colonel Lassells, Sir Humphry Briggs, Mr. Thomas Scott, Sir Thomas Dacres, Mr. Boughton, Mr. Bainton, Mr. Greene, Mr. Hobby, Major Scott, Mr. Grimston, Mr. Jesson, Colonel Harley, Lord Wenman, Sir William Litton, Sir Edward Hungerford, Sir Gregory Norton, Colonel Harvey, Sir Guilbert Piclcering, Mr. Moore;

This Committee are to examine the Complaints brought into the House this Day, and all others of the like Nature: And are to meet on Saturday next, at Two of the Clock in the Afternoon, in the Queen's Court: And have Power to send for Parties, Papers, Witnesses, Records, &c.

Berwick and Carlisle.

Instructions for Sir Wilfrid Lawson Knight, Henry Tolson of Bridekirk, and John Berwis of Waverton, Esquires, Ambrose Nicolson Alderman of Carlisle, Thomas Craister, of Carlisle, Gentleman, Miles Halton Gentleman, Sir Robert Collingwood Knight, John Sleigh Esquire, Deputy Mayor of Berwick, Wm. Armorer the elder, Gentleman, Andrew Crispe, of Berwick, Gentleman, Richard Foster, of Newham, Esquire, Thomas Foxton, of Berwick, Merchant, nominated and appointed Commissioners, by the Lords and Commons, in Parliament assembled, to see the Fortifications of Berwick and Carlisle slighted, in such manner as is hereafter expressed; and for Dispatch of such other Matters as are hereafter, in the Instructions, mentioned.

(fn. 1) 1. YOU, the Six Persons first above-mentioned, or any Three of you, are hereby appointed and required to repair to the City of Carlisle: And you, the other Six Persons above-named, or any Three of you, are appointed to repair to the Town of Berwick upon Tweed.

2. You, or any Three of you, are hereby required to view the Works and Fortifications of the said Town of Berwick, and City of Carlisle, respectively; and to slight, or cause to be slighted, all the new Fortifications of the said respective Places, in such Sort that they be reduced to the same Condition in which they were before the late Troubles, which began in the Year 1638.

3. Herein, as to the City of Carlisle, and the Fortifications in and about the same, you, or any Three of you, are to have regard to the large Treaty made between the Two Kingdoms of England and Scotland; and, as to the Town of Berwick, and Fortifications thereof, to the said large Treaty, and to the Treaty of Berwick, of the 29th of November 1643; and to inform yourselves, What was done in the Slighting of the said Places, in the Year 1641, when the said Fortifications were slighted, in pursuance of the said large Treaty.

4. For doing hereof, you, or any Three of you, may call in, if you shall see Cause, such Inhabitants of the said Town and City, and the Counties adjoining, respectively, as you shall deem fitting and necessary for the doing thereof: And you are to take special Care, that the said Fortifications be slighted, in manner as aforesaid. within the Space of Ten Days next after the Second One hundred thousand Pounds shall be paid, to the Use of the Scottish Army: But you may begin the Slighting sooner, in case that any Persons, authorized by the Kingdom of Scotland, shall consent thereunto.

5. You, or any Three of you, are to take special Care, that the Ordnance, Arms, and Ammunition, belonging to the Kingdom of England, which you shall find and receive in the said Town of Berwick, that the same be forthwith safely sent and conveyed unto the Town and County of Newcastle upon Tyne; to be there kept and preserved, for the Use of the Parliament: And the Ordnance, Arms, and Ammunition, belonging to the Kingdom of England, which you shall find and receive in the City of Carlisle, or Castle of the same, that the same be forthwith safely sent and conveyed to Cockermouth Castle, in the County of Cumberland; there to be kept and preserved for the Use of the Parliament.

6. You, or any Three of you, are to make known to the General of the Scotts Army, and other the General Officers and Commanders of that Army, the several Orders herewith sent you, that concern the Scotts Army paying for what they have from the Country, and their levying no Monies upon the Country, nor taking any Goods from them, after the Payment of the First One hundred thousand Pounds; and to desire them to observe the same; and also to take special Care, that no Officers or Soldiers, under their Command, do, in their March out of this Kingdom, or before, levy any Money upon the Inhabitants of the Country; or take any Horses, Beasts, Sheep, or other Goods, of any Inhabitants of the Country: And that for such Draughts and Carriages as they shall have Occasion to make use of in their March, that the same be paid for, and carefully returned, and delivered to the respective Owners thereof, without wilful Destruction or Spoil.

7. You, or any Three of you, are, from time to time, required to give an Account of your Doings and Proceedings herein, to both Houses of Parliament.

8. You, or any Three of you, are, upon any Occasion, from time to time, to receive Instructions, in this Behalf, from Henry Earl of Stamford, Mr. Robert Goodwyn, and Mr. Wm. Ashhurst, or any Two of them; and to pursue the same accordingly; and to certify them, from time to time, of their Proceedings.