House of Commons Journal Volume 5: 26 January 1647

Die Martis, 26 Januarii, 1646.

Prayers.

Navy.

ORDERED, That the Report concerning the next Summer's Fleet be made on Thursday Morning next.

Smythe's Delinquency.

Upon Sir Antony Irby's Report of the Fines and Compositions of divers Delinquents, made with the Committee at Goldsmiths Hall:

It is Resolved, &c. That this House doth accept of the Sum of One hundred and Fifteen Pounds of Nicholas Smythe, of Thedlethorpe in the County of Lincolne, Esquire, for a Fine for his Delinquency: His Offence is, That he went into the Enemies Quarters and Garisons, and adhered to them: His Estate for Life, in Possession, is Five-andtwenty Pounds per Annum; and, after Four Years, for Life, Eighty-five Pounds per Annum more: His personal Estate is to the Value of Fifty Pounds.

An Ordinance for granting a Pardon unto Nicholas Smythe, of Theddlethorp in the County of Lincoln, Esquire, for his Delinquency, and for Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Goodall's Delinquency.

Upon the Report of the Fine and Composition of Thomas Goodall, of Litchfield in the County of Stafford, Yeoman;

It is Ordered, That the Business concerning Thomas Goodall, of Litchfield, this Day reported, be, upon Information of wilful Murder committed by him, re-committed.

And it is Ordered, upon the Question, that the Committee at Goldsmiths Hall do make Stay of the said Thomas Goodall; and send him to Litchfield, to answer the Law.

James' Delinquency.

Resolved, &c. That this House doth accept of the Sum of One hundred and Eighty Pounds of John James, of Layham in the County of Suffolke, Gentleman, for a Fine for his Delinquency: His Offence is, being in Arms against the Parliament; and came in upon the Articles of Truro: His Estate, for Fourteen Years to come, in the Rectory of Spelsbury in the County of Oxon, held of the Dean and Chapter of Christ's Church in Oxford, is of the yearly Value of One hundred and Twenty Pounds.

An Ordinance for granting a Pardon unto John James, of Layham in the County of Suffolk, Gentleman, for his Delinquency, and for Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Hodgson's Delinquency.

Resolved, &c. That this House doth accept of the Sum of Five hundred and Ninety Pounds, of John Hodgson, of Beeston in the County of Yorke, Gentleman, for a Fine for his Delinquency: His Offence is, Leaving his Habitation, and Residing in the Enemies Quarters: His Estate, per Annum, in Fee, Three hundred and Seven Pounds Thirteen Shillings and Four-pence: Out of which Issues, for one Life, Twenty Pounds per Annum; and, in Quit-rents, Two Pounds One Shilling and Four-pence per Annum.

An Ordinance for granting a Pardon unto John Hodgson, of Beeston in the County of Yorke, Gentleman, for his Delinquency and for Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Traves' Delinquency.

Resolved, &c. That this House doth accept of the Sum of One hundred Fifty-four Pounds and Fifteen Shillings, of Richard Traves, of London Gentleman, for a Fine for his Delinquency: His Offence is, Being in Arms against the Parliament: His Estate, in Tail, Fifty Pounds per Annum; in Fee Simple, Three Pounds Five Shillings per Annum: And his personal Estate is to the Value of Thirty Pounds.

An Ordinance for granting a Pardon unto Richard Traves, of London, Gentleman, for his Delinquency, and for Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Harrison's Claims.

Ordered, That Thomas Harrison, of Redding, be referred to the Committee at Haberdashers Hall, to examine the Business concerning his lending Six hundred Pounds to the King, and compelling the Mayor and Company to become bound to him for it; for which Six hundred Pounds he now sues the said Corporation: And that the Suit, in the mean time, be stayed.

Ordered, That the said Thomas Harrison be referred to the Committee at Goldsmiths Hall, for his Composition.

De Lyne's Delinquency.

Upon Report of the Delinquency and Estate of Sir Daniel De Lyne, of Harlaxton in the County of Lincolne, Knight; that he resided in the Enemies Garisons: His Estate, in Fee, in Possession, is Twelve hundred and Twenty Pounds per Annum; for Three Lives Forty-three Pounds per Annum, and Forty-five Pounds per Annum, in Reversion: And a personal Estate to the Value of Eighty Pounds: Out of this Estate there is issuing One hundred Pounds per Annum for Life, and Thirty Pounds per Annum for ever.

The humble Petition of Sir Daniel De Lyne, of Harlaxton in the County of Lincolne, Knight, was this Day read: And

It is Resolved, &c. That his Fine be reduced from the Sum of Two thousand Three hundred Pounds to the Sum of One thousand Pounds: And that this House doth accept of the said Sum of One thousand Pounds, for a Fine, for the Delinquency of the said Sir Daniel De Lyne.

Newton's Delinquency.

Resolved, &c. That this House doth accept of the Sum of Three thousand Pounds, of John Newton, of Haver in the County of Lincolne, Esquire, for a Fine, for his Delinquency: His Offence is, Residing in the Enemies Garisons: His Estate, in Fee, is One thousand Sixty-four Pounds per Annum, in Reversion, Sixty Pounds per Annum; for Twenty years, Twenty Pounds per Annum; and in personal Estate, Eight thousand Four hundred Pounds: Out of which Estate Ten Pounds per Annum for ever is issuing.

Pardon of Earl of Carbery.

An Ordinance for granting a Pardon unto Richard Earl of Carbery, in usual Form; to remit unto him all Treasons, Crimes, and Offences, committed by him since the Twentieth of May One thousand Six hundred Forty-two, relating to His Military Employments; together with a Grant and Restitution to him, his Heirs, and Assigns, of his Lands and Estate, forfeited by reason of the Offences aforesaid, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Excise.

Ordered, That the Business of Excise be taken into Consideration on Thursday Morning next.

Levant Company.

An Ordinance for granting a Commission, under the Great Seal of England, to enable the Company of Merchants trading the Levant Seas to employ such a Person to be their Ambassador, Consul, or Agent, as they shall nominate to the Commissioners of the Great Seal, was this Day read the First time.

Turkey Company.

Ordered, &c. That, on Monday next, at Ten of Clock, the House do take into Consideration, How the Trade of the Turkey Company may be carried on for the best Advantage of the Kingdom, and the Good of the Company.

Transactions with Scotland.

According to the Order Yesterday made, the House proceeded to the Consideration of the Report Yesterday made by Mr. Grimston, of the Conference had with the Lords concerning the Letter, Declaration, and Desires, of the Parliament of Scotland; and the Lords Votes upon all delivered at the said Conference.

And accordingly the Letter from the Parliament of Scotland, from Edinburgh, of 16 Januarii, 1647, signed Crafurd Lindsay, Presid' Parl'; and directed, for the Right Honourable the Speaker of the House of Peers, to be communicated to both Houses of the Parliament of England, assembled at Westminster; was this Day read.

"The Declaration, inclosed in the said Letter, styled, The Declaration of the Kingdom of Scotland," subscribed Alex. Gibsone, Cl's Reg'rii. without any Date, was likewise read.

"The Desires of the Kingdom of Scotland," so styled, and inclosed likewise in the said Letter, bearing Date from Edinburgh of 16 Januarii 1647, signed Crafurd Lindsay, Presid' Parl' was also read.

The Lords Sense upon these Particulars, expressed in divers Votes, were likewise read.

Resolved, &c. That this House do fit this Afternoon at Three of Clock.

Ordered, &c. That Sir Robert Pye do go to the Lords, and acquaint them, That this House hath resolved to sit this Afternoon; and do desire them to do the like, if it may stand with their Lordships Conveniency.

The Letter from the Parliament of Scotland was again read: And

It is Resolved, &c. That a Letter be sent to the Parliament of Scotland.

Sir Robert Pye brings Answer, That the Lords will sit this Afternoon.

Resolved, &c. That a Committee be appointed to prepare a general Answer to this Letter from the Parliament of Scotland, according to the Debate of the House.

The House then proceeded to the Consideration of the Desires of the Kingdom of Scotland: The which were first read together; and then one by one: And were in hæc verba; viz.

Desires of the Kingdom of Scotland.

1. THAT a Committee of both Kingdoms be appointed to attend his Majesty; and press him further for granting the Propositions of Peace; and, in case of his Resusal, to advise and determine, What is further necessary for continuing and strengthening the Union betwixt the Kingdoms, according to the Covenant and Treaties: And that no Peace, nor Agreement, be made by either Kingdom, with the King, without the other, according to the late Treaty betwixt the Kingdoms.

2. Next, it is desired, that such of the Scottish Nation as has Place or Charge about the King, excepting such as stand excepted in the Propositions of Peace, may attend and exercise the same: And that none shall be debarred from having Access to attend his Majesty, who have Warrant from the Parliament of either Kingdom respectively, or from the Committee of either Parliament thereunto authorized.

3. It is desired, that the one Kingdom assist the other, in case they be troubled from within, or from without, for this Agreement.

4. That the Kingdom of England would speedily condescend and agree upon some Competency of Entertainment for the Forces which we are necessitated to keep up to suppress the Irish Rebels, whom by the Large Treaty they are bound to suppress.

Edinb', 16 Januar. 1647.

Crafurd Lindsay, Presid' Parl'.

Resolved, &c. That a Committee shall draw an Answer to the first Part of the First Desire of the Kingdom of Scotland: That a Committee shall be appointed to join with a Committee of Theirs, according to the Vote passed both Houses, of the First of January 1646.

Resolved, &c. That likewise the Answer to the second Part of the said Desire shall be according to that Vote of 1 Januarii 1646.

Resolved, &c. That the Answer to the last Part of the First Desire of the Kingdom of Scotland shall be according to the Eighth Article of the Treaty, with relation to the Treaty.

Resolved, &c. That the Substance of the latter Part of the Vote, passed this House 12 Januarii 1646, shall be the Answer to the first Part of the Second Desire of the Kingdom of Scotland.

That the Answer to the latter Part of the Second Desire of the Kingdom of Scotland shall be, That none shall be debarred from having Access to his Majesty, who have Warrant from the Parliament of Scotland, or from the Committee of that Parliament thereunto authorized, except such as are disabled by the Propositions agreed on by both Kingdoms.

Resolved, &c. That Candles be brought in.

Resolved, &c. That the Substance of the Answer to the Third Desire of the Kingdom of Scotland shall be, That the Delivery of the Person of the King, according to the Votes of the Parliament of England, being agreeable to the Covenant and Treaties; that this House doth Declare, That they will assist them, according to the Covenant and Treaties, upon any Trouble that shall arise unto them for the same.

Resolved, &c. That the substance of the Answer to the Fourth Desire, now read, shall be, That Vote, now read, of the Eighteenth of December 1646; with the Alteration of the Words "due Consideration" into "speedy Consideration."

Adjournment.

Resolved, &c. That the House be adjourned, at the Rising, till To-morrow at One of Clock.

Resolved, &c. That a Message be sent unto the Lords, to acquaint them, That this House hath resolved to fit To-morrow; and to desire their Lordships to sit Tomorrow at Three of Clock.

Letter to Scotland.

Mr. Holles, Mr. Marten, Sir Wm. Lewes, Mr. Wm. Pierrepont, Mr. Challoner, Mr. Boys, Mr. Grimston, Sir Philip Stapleton, Sir Henry Vane junior. Sir Richard Onslowe, Sir John Evelyn, Mr. Tate, Mr. Swinfen, Mr. Sallway, Mr. Lisle, Mr. Morley, Sir Arth. Hesilrigge, Sir Robert Harley, Mr. Longe, Mr. Knightley, Mr. Solicitor, Mr. Selden, Sir Peter Wentworth;

This Committee, or any Five of them, are appointed to prepare the Letter to be sent to the Parliament of Scotland, according to the particular Votes this Day passed the House: And are to meet upon it To-morrow Morning at Eight of Clock: And the Care of this Business is more particularly referred to Mr. Lisle and Mr. Swinfen.

Officers Pay.

Ordered, &c. That Mr. Allen do, from this House, recommend the earnest Desire of this House to the Committee at Goldsmiths Hall, that the Order of this House, for the Pay of the Ten thousand Pounds, assigned for the reduced Officers of the Four Lists presented to the House, may be complied with.

Massie's Brigade.

Ordered, &c. That the Petition of the Officers and Soldiers of Colonel Massie's Brigade be taken into Consideration on Thursday next, when the Ordinance concerning the reduced Officers * * * *

Major Cromwell's, &c. Arrears.

Whereas there was, by former Order, the Sum of Three hundred Pounds appointed to be paid to Major Oliver Cromwell, upon Account, towards Payment of his Arrears charged upon the Receipts of the Excise; the which Order is not yet complied with, nor the said Three hundred Pounds accordingly paid: It is Ordered, That the said Order for the said former Three hundred Pounds be vacated, and the Receipts of the Excise discharged from the Payment of the same.

And it is further Ordered, That the Sum of Five hundred Pounds be paid, upon Account, to the said Major Oliver Cromwell, to be deducted out of his Arrears, by the Committee at Goldsmiths Hall, out of the Fines and Compositions of Colonel Samuell Sandys and Stephen Anderson.

It is further Ordered, upon the Question, That the Sum of Five hundred Pounds be paid, upon Account, to Col. Thomas Morgan, now Governor of Gloucester, to be deducted out of the Arrears due unto him upon his Entertainments in the Parliament's Service, by the Committee at Goldsmiths Hall, out of the Fines and Compositions likewise of Col. Samuell Sandys and Mr. Stephen Anderson: And that the respective Acquittances of the said Major Oliver Cromwell, and the said Colonel Thomas Morgan, shall be a sufficient Warrant and Discharge to the Committee of Treasurers at Goldsmiths Hall, for the Payment of the said respective Sums of Five hundred Pounds to the said Oliver Cromwell and Thomas Morgan, accordingly.