Die Jovis, 31 Decembris, 1646.
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.
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.
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
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
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.
Ordered, That the Petition of George Reve Esquire,
Executor of Sir Henry Reve Knight, deceased, be read
on Saturday Morning next.
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.
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.
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.
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.
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
Sir John Holland is appointed to carry this Ordinance
to the Lords.
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.
Ordered, upon the Question, That Candles be forthwith brought in.
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.
Sir Arthur Heselrige,
||Tellers for the Noe:
|Lieut. General Cromwell,
||With the Noe,
Sir Walter Erle,
||Tellers for the Yea:
|Sir Anthony Irby,
||With the Yea:
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
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. [a]) 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.