House of Lords Journal Volume 10: 6 June 1648

DIE Martis, 6 Junii.

PRAYERS, by Mr. Taylor.

Domini præsentes fuerunt:

Spanish Ambassador to forbear making Bonfires.

Ordered, That Sir Oliver Fleming, Master of the Ceremonies, do go to the Spanish Ambassador, and acquaint him from this House, "That their Desire is, that he will forbear to make any Bonfires, or Fires of Joy, at this Conjuncture of Time, when it is so dangerous to the Peace of these Parts to suffer any Concourse or Assemblies of People to meet upon any such Occasion."

Roper versus Wiseman.

Ordered, That the Cause between Roper and Wiseman shall be heard the Third of July next.

Clench, &c. discharged.

Ordered, That Clench, Smallwood, and Ham, are discharged from any further Attendance on this House, touching the Business between Mr. Eltonhead and Mr. Cockayne; and that Mr. Cockayne's Bond given in that Behalf be delivered up.

Message from the H. C. with an Order;- and that they will proceed no further against the impeached Lords, Aldermen, and Sir J. Maynard.

A Message was brought from the House of Commons, by Sir Robert Harley Knight, &c.; who brought up divers Particulars:

1. An Order for the Privy Signet of Ireland to be restored to the Lord Viscount Valentia. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Vote concerning the restoring of the Privy Signet Seal to the Lord Viscount of Valentia.

The Seven impeached Lords discharged from Restraint, their Impeachments vacated, and to a tend the Service of the House.

This Day Votes being brought, by Message, from the House of Commons, declaring, "That they will proceed no further upon the Impeachments transmitted to the Lords, against Theophilus Earl of Lincolne, James Earl of Suff. James Earl of Middlesex, George Lord Berkley, John Lord Hunsdon, Francis Lord Willoughby, and William Lord Maynard:"

It is Ordered, by the Lords in Parliament assembled, That, upon the said Votes, the aforesaid Theophilus Earl of Lincolne, James Earl of Suffolke, James Earl of Middlesex, George Lord Berkley, Francis Lord Willoughby, John Lord Hunsdon, and Will'm Lord Maynard, be forthwith discharged of any Restraint they lie under upon the said Impeachments; and that the said Impeachments, upon the Declaration of the House of Commons that they will not further proceed, be vacated in the Journal Book of this House: And it is further Ordered, That the aforesaid Lords have Notice to attend the Service of this House To-morrow Morning.

Sir John Maynard discharged from Restraint.

This Day a Vote being brought, by Message, from the House of Commons, declaring, "That they will proceed no further upon the Impeachment transmitted by them to the Lords in Parliament, against Sir John Maynard, Knight of the Bath:"

It is Ordered, by the Lords in Parliament assembled, That, upon the said Votes, the aforesaid Sir John Maynard be forthwith enlarged, and discharged of any Restraint he lies under upon the said Impeachment; and that the said Impeachment, upon the Declaration of the House of Commons that they will not farther proceed, be vacated in the Journal Book of this House: And this to be a sufficient Warrant in that Behalf.

The Four Aldermen of London discharged from Restraint.

This Day Votes being brought, by Message, from the House of Commons, declaring, "That they will proceed no farther upon the Impeachments transmitted by them to the Lords in Parliament, against Sir John Gayre Knight and Alderman of London, Thomas Adams Alderman of London, John Langham Alderman of London, and James Bunce Alderman of London:"

It is Ordered, by the Lords in Parliament assembled, That, upon the said Votes, the aforesaid Sir John Gayre, Thomas Adams, John Langham, and James Bunce, be forthwith enlarged, and discharged of any Restraint they lie under upon the said Impeachments; and that the said Impeachments, upon the Declaration of the House of Commons that they will not farther prosecute, be vacated in the Journal Book of this House: And this to be a sufficient Warrant in that Behalf.

Message from the H. C. about the Propositions.

A Message was brought from the House of Commons, by Mr. Strode; who said, "The House of Commons did agree to the Addition, and to the Alteration in the Clause of the Propositions to be sent to the King, with an Alteration, in which they desire their Lordships Concurrence."

The House was adjourned into a Committee of the whole House, to debate and consider of the said Alteration now brought up from the House of Commons.

And the House being resumed;

And the Question being put, "Whether to agree to the last Clause in the Propositions, with the Alteration, as it is now brought up from the House of Commons?"

It was Resolved in the Affirmative.

(Here enter the Propositions.)

The Answer returned was:

Answer.

That this House agrees to the last Clause in the Propositions, with the Alteration now brought up.

Message from the H. C. with a Vote about Col. Rossiter.

A Message was brought from the House of Commons, by Sir William Armin Baronet:

To desire their Lordships Concurrence in a Vote concerning Colonel Rossiter to have a Commission in the same Manner as formerly. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Vote now brought up.

Privy Seal of Ireland restored to L. Valencia.

Ordered, by the Lords and Commons in Parliament assembled, That the King's Privy Signet for the Kingdom of Ireland be restored to the Lord Viscount Valentia, Principal Secretary of State and Clerk of the Signet there, by Patent, during his Life; and that Colonel Jones do deliver the said Privy Signet to the said Lord Viscount Valentia accordingly."

Votes of the H. C. for proceeding no further against the Seven impeached Lords;

"Resolved, upon the Question, by the Commons in Parliament assembled,

"That they will proceed no further upon the Impeachment transmitted to the Lords, against Francis Lord Willoughby of Parham.

"Resolved, &c.

"That they will proceed no further upon the Impeachment transmitted to the Lords, against Theophilus Earl of Lincolne.

"Resolved, &c.

"That they will proceed no further upon the Impeachment transmitted to the Lords, against James Earl of Suffolke.

"Resolved, &c.

"That they will proceed no further upon the Impeachment transmitted to the Lords, against James Earl of Middlesex.

"Resolved, &c.

"That they will proceed no further upon the Impeachment transmitted to the Lords, against George Lord Berkley.

"Resolved, &c.

"That they will proceed no further upon the Impeachment transmitted to the Lords, against John Lord Hunsdon.

"Resolved, &c.

"That they will proceed no further upon the Impeachment transmitted to the Lords, against William Lord Maynard."

nor against the Four Aldermen, or Sir J. Maynard.

"Resolved, upon the Question, by the Commons in Parliament assembled,

"That they will proceed no further upon the Impeachment against Sir John Gayre Knight, late Lord Mayor of the City of London.

"Resolved, &c.

"That they will proceed no further upon the Impeachment of Thomas Adams, Alderman of the City of London.

"Resolved, &c.

"That they will proceed no further upon the Impeachment against John Langham, Alderman of the City of London.

"Resolved, &c.

"That they will proceed no further upon the Impeachment against James Bunce, Alderman of the City of London.

"Resolved, upon the Question, by the Commons in Parliament assembled,

"That they will proceed no further upon the Impeachment transmitted to the Lords, against Sir John Maynard, Knight of the Bath."

Col. Rossiter to have a Commission as formerly.

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee of Derby House, to give a Commission to Colonel Rosseter, in the same Manner, and with the like Power, as formerly."

Propositions to the King, for Peace.

"Whereas both Houses of the Parliament of England have been necessitated to undertake a War, in their just and lawful Defence; and afterwards both Kingdoms of England and Scotland, joined in solemn League and Covenant, were engaged to prosecute the same:

"That, by Act of Parliament in each Kingdom respectively, all Oaths, Declarations, and Proclamations, heretofore had, or hereafter to be had, against both or either of the Houses of Parliament of England, the Parliament of the Kingdom of Scotland, and the late Convention of Estates in Scotland, or Committees flowing from the Parliament or Convention in Scotland, or their Ordinances and Proceedings, or against any for adhering unto them, or for doing or executing any Office, Place, or Charge, by any Authority derived from them, and all Judgements, Indictments, Outlawries, Attainders, and Inquisitions, in any the said Causes, and all Grants thereupon made or had, or to be made or had, be declared null, suppressed, and forbidden; and that this be publicly declared, in all Parish Churches within His Majesty's Dominions, and all other Places needful.

"Whereas both Kingdoms are mutually obliged, by the same Covenant, to bring the Churches of God, in the Three Kingdoms, to the nearest Conjunction and Uniformity, in Doctrine, Worship, Discipline, and Government, according to the Word of God, and the Example of the best Reformed Churches:

"That the Presbyterial Government be confirmed, by Act of Parliament, in such Manner as both Houses of Parliament have agreed in several Ordinances of Parliament, that is to say, &c. for the Term of Three Years, from the 6th Day of June, 1648.

That it be established by Act of Parliament, That the Lords and Commons in the Parliament of England assembled shall, during the Space of Ten Years, from the 6th Day of June, 1648, arm, train, and discipline, or cause to be armed, trained, and disciplined, all the Forces of the Kingdoms of England and Ireland, and Dominion of Wales, the Isles of Guernesey and Jersey, and the Town of Berwicke upon Tweed, already raised, both for Land and Sea Service; and that, from Time to Time, during the said Space of Ten Years, shall raise, levy, arm, train, and discipline, or cause to be raised, levied, armed, trained, and disciplined, any other Forces, for Land and Sea Service, in the Kingdoms, Dominions, and Places aforesaid, as in their Judgements they shall from Time to Time, during the said Space of Ten Years, think fit and appoint; and that neither the King, His Heirs or Successors, nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons, shall, during the said Space of Ten Years, exercise any of the Powers aforesaid.

"And the like for the Kingdom of Scotland, if the Estates of the Parliament there shall think fit.

"That Monies be raised and levied, for the Maintenance and Use of the said Forces for Land Service, and of the Navy and Forces for Sea Service, in such Sort, and by such Ways and Means, as the said Lords and Commons shall from Time to Time, during the said Space of Ten Years, think fit and appoint, and not otherwise; and that all the said Forces, both for Land and Sea Service, so raised or levied, or to be raised or levied, and also the Admiralty and Navy, shall, from Time to Time, during the said Space of Ten Years, be employed, managed, ordered, and disposed, by the said Lords and Commons, in such Sort, and by such Ways and Means, as they shall think fit and appoint, and not otherwise.

"And the said Lords and Commons, during the said Space of Ten Years, shall have Power;

"1. To suppress all Forces raised, or to be raised, without Authority and Consent of the said Lords and Commons, to the Disturbance of the Public Peace of the Kingdoms of England and Ireland, and Dominion of Wales, the Isles of Guernsey and Jersey, and the Town of Berwicke upon Tweed, or any of them.

2. To suppress any Foreign Forces, who shall invade, or endeavour to invade, the Kingdoms of England and Ireland, Dominion of Wales, the Isles of Guernsey and Jersey, and the Town of Berwicke upon Tweed, or any of them.

3. To conjoin such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall, from Time to Time, during the said Space of Ten Years, judge fit and necessary, to resist all Foreign Invasions, and to suppress any Forces raised, or to be raised, against or within either of the said Kingdoms, to the Disturbance of the Public Peace of the said Kingdoms, or any of them, by any Authority under the Great Seal, or other Warrant whatsoever, without Consent of the said Lords and Commons of the Parliament of England, and the Parliament or the Estates of the Parliament of Scotland, respectively; and that no Forces of either Kingdom shall go into, or continue in, the other Kingdom, without the Advice and Desire of the said Lords and Commons of the Parliament of England, and the Parliament of the Kingdom of Scotland, or such as shall be by them appointed for that Purpose.

"Provided, That, during the said Space of Ten Years, nothing herein before contained shall extend to the taking away of the ordinary legal Power of Sheriffs, Justices of Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, and other Officers of Justice, not being Military Officers, concerning the Administration of Justice; so as neither the said Sheriffs, Justices of the Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, and other Officers, nor any of them, do levy, conduct, employ, or command, any Forces whatsoever, by Colour or Pretence of any Commission of Array, or extraordinary Command from His Majesty, His Heirs or Successors, without the Consent of the said Lords and Commons.

"And if any Persons, during the said Space of Ten Years, shall be gathered and assembled together, in Warlike Manner or otherwise, to the Number of Thirty Persons, and shall not forthwith disband or disperse themselves, being required thereto by the said Lords and Commons, or Command from them, or any by them especially authorized for that Purpose, then such Person and Persons, not so disbanding or dispersing themselves, shall be guilty and incur the Pains of High Treason, being first declared guilty of such Offence by the said Lords and Commons; any Commission under the Great Seal, or other Warrant to the contrary, notwithstanding: And he, or they, that shall offend herein, to be incapable of any Pardon, from His Majesty, His Heirs or Successors; and their Estates shall be disposed as the said Lords and Commons shall think fit, and not otherwise.

"Provided, That the City of London shall have and enjoy all their Rights, Liberties, and Franchises, Customs, and Usages, in the Raising and Employing the Forces of that City, for the Defence thereof in as full and ample Manner, to all Intents and Purposes, as they have or might have used or enjoyed the same at any Time before the making of the said Act or Proposition.

"And after Your Majesty's Assent given to the Propositions now tendered to Your Majesty, and to such Acts of Parliament as shall be offered by both Houses for Confirmation thereof, then both Houses of Parliament will treat with Your Majesty, concerning the future Settlement of the Government of the Church, and the Settlement of the Militia, and upon the rest of the Propositions formerly tendered to Your Majesty at Hampton Court."

"Resolved, by the Lords and Commons assembled in Parliament,

"That the Houses of Parliament of England do desire, that such Propositions as shall be judged fit and necessary for the Kingdom of Scotland may be prepared, to be sent to His Majesty with all convenient Speed."