House of Lords Journal Volume 7: 14 January 1645

DIE Martis, 14 die Januarii.

PRAYERS, by Mr. Burges.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Mr. Dr. Heath and Mr. Page return with this Answer from the House of Commons to the Message sent to them Yesterday, to let them know, that this House approves of the Report from the Committee of both Kingdoms concerning the Manner of the Treaty; and that their Lordships have nominated Four Lords, to join with a proportionable Number of the House of Commons: And they will send an Answer by Messengers of their own.

Paper from the Portuguese Resident, about some Pictures seized, said to belong to him.

The Speaker acquainted this House, "That the Resident of Portugall sent him a Paper, desiring it may (fn. 1) be communicated to this House, being a Remonstrance concerning some Proceedings of the Committee of Examinations, touching some Pictures, which he pretends he bought of one Mr. Humph'y Wyld in London, and are now seized upon as Malignants."

Sent to the H. C.

And because it concerns Mr. Miles Corbett, a Member of the House of Commons, who is mentioned in particular; it is Ordered to be sent down to the House of Commons; which accordingly was done, by Sir Edward Leech and Mr. Page.

Message from thence, that they agree to the Manner of the Treaty, and that they have appointed a Committee;

A Message was brought from the House of Commons, by Sir John Evelyn Knight, &c.

To let their Lordships know, that the House of Commons have agreed to the Report made Yesterday from the Committee of both Kingdoms, concerning the Manner of the Treaty, and have (fn. 1) appointed a Committee of their House, to join with the Lords; but they desire that their Lordships would concur in a small Alteration in the Message to the King, and that the same may be communicated to the Commissioners of Scotland by the Committee of both Kingdoms.

and to expedite Two Ordinances.

2. To desire their Lordships would give Expedition in the Ordinance concerning Martial Law.

3. To desire Expedition in the Ordinance concerning billeting of Soldiers.

Amendmen's by the H. C. to the Answer to the King.

The Amendments were these:

These Words to be added towards the End of the Letter, after the Words ["from us,"] and before the Words ["may repair,"] videlicet, ["with their Attendants, whereof the Number and their Names to be expressed in the safe Conduct, as shall be agreed upon, not exceeding Eighty on either Part"].

The Answer returned was:

Answer to the H. C.

Their Lordships will take the Paper now brought up into present Consideration, and send an Answer by Messengers of their own; and will likewise send an Answer to the Ordinances concerning Billeting and Martial Law by Messengers of their own.

Ordered, To send to the House of Commons, to desire that the Committee that are to treat with the King may meet presently, to consider of all the Circumstances of their Accommodations.

Message to them, for the Committees who are to treat with the King to meet;

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

To desire that the Committees that are to go to treat at Uxbridge may meet presently, in the Lord Keeper's Lodgings, and consider of the Particulars of the accommodating themselves at Uxbridge.

and with the Ordinance for billeting Soldiers.

2. To communicate to them the Ordinance for billeting Soldiers; and to desire their Concurrence, with the Proviso.

(fn. 2) The Answer returned was:

Answer.

That the House of Commons will send an Answer to this Message, by Messengers of their own.

Message from the H. C. with a Commission for Ld.

A Message was brought from the House of Commons, by Mr. Sam. Browne, &c.

Inchiquin to be President of Munster, and Institutions for him.

To desire their Lordships Concurrence in a Commission to be granted to the Lord Inchequin, to be President of the Province of Munster, in the Kingdom of Ireland; and also Instructions to be given to the Lord Inchequin, for demeaning himself in his Place of President of Munster.

The Commission was read, and Agreed to.

(Here enter it.)

The Instructions were also read, and Agreed to.

(Here enter them.)

The Answer returned:

Answer.

That this House agrees to the Commission and the Instructions to be given to the Lord Inchequin, now brought up.

Ordinance for passing Compositions in the Court of Wards.

The Lord Viscount Say & Seale, Master of the Court of Wards and Liveries, presented to the Consideration of this House an Ordinance concerning the Court of Wards; which the House received, and read Once.

Ld. Inchequin's Commission to be President of Munster.

"Charles, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To all Men to whom these Presents shall come, Greeting. Know ye, that We, by the Advice and Consent of Parliament of England, in Consideration of the many great and important Services performed against the Rebels in Ireland, by Our Right Trusty and Well-beloved Morrough Lord Baron of Inchiquine, as also of his Courage, Wisdom, and Circumspection, have given and granted, and by these Presents do give and grant, unto him the said Morrough Lord Baron of Inchiquine, the Office of Lord President of Our Province of Munster; and the said Morrough Lord Baron of Inchiquine, Lord President and Chief Governor of Our said Province of Munster, We do by these Presents constitute, ordain, and make; and to the said Morrough Lord Baron of Inchiquine, the Chief (fn. 3) Government of Our said Province, and of Our Subjects there resident, We do commit; and further do give and grant, by these Presents, to the said Morrough Lord Baron of Inchiquine, in and for the Execution and Exercise of the said Office of Lord President, the Sum of Seven Pounds, Ten Shillings, Sterling, for every Week, towards the Maintenance of a Table; Entertainment of One Standing Troop of Horse consisting of One Hundred Horse besides Officers, One Standing Foot Company consisting of One Hundred Foot besides Officers, both to be employed in the Service of Munster; and One Hundred Marks per Annum for his Accommodation for a Dwelling-house; together with all such other Profits, Perquisites, Jurisdictions, Preeminences, Privileges, and Dignities, as Sir William St. Leger Knight, late Lord President of the said Province, hath heretofore received and had, as Chief Commissioner or President of Our said Province of Munster; giving and granting unto the said Lord Baron of Inchiquine full Power and Authority to rule and govern Our said People, within Our said Province of Mounster, according to such Instructions and Directions as are now annexed in a Schedule to these Presents, or as shall at any Time hereafter be given or directed unto him by Us, by the Advice of Our said Parliament of England; to have, exercise, and enjoy, the said Office of Lord President, to the said Morrough Lord Baron of Inchiquine, with all Fees, Wages, Profits, Allowances, Jurisdictions, Pre-eminences, Privileges, Authorities, and Appurtenances, before by these Presents mentioned, during Our Pleasure, signified by the Advice of Our Parliament: And whereas the said Morrough Lord Baron of Inchiquine, in respect of Our Service in other Parts or Places, may have Occasion to be absent out of Our said Province of Mounster, and that, in such his Absence, Our Pleasure is, some meet Person or Persons may be substituted to govern that Province, as Vice-president, Commissioner or Commissioners, We do therefore, by these Presents, by the Advice aforesaid, give full Power and Authority to the said Lord Baron of Inchiquine, to appoint, choose, and substitute, in his Absence, such meet and convenient Person or Persons, to be Vice-president, Commissioner, or Commissioners, of the said Province of Mounster, as he will answer for; and the said Person or Persons, so appointed, chosen, and substituted, We do by these Presents authorize to govern and rule Our said Province of Mounster, in the Absence of the said Morrough Lord Baron of Inchiquine, to all Respects and Purposes, as if the said Lord Baron were Personally present, and did and might rule by Authority aforesaid; willing, and hereby strictly charging and commanding, all Our Officers, as well Civil as Martial, and all Manner Our loving Subjects, to be respectively aiding, assistant, and obedient, in and to the said Morrough Lord Baron of Inchiquine, or any other or others authorized by or under him as aforesaid, in the Execution of the said Office, as they will answer the contrary at their Peril.

"In Witness, &c."

"Instructions for the Lord President of Mounster.

Ld. Inchequin's Instructions.

1. You shall hear and determine (by the Advice and with the Assistance of the Council there) all Civil Actions, as well Real as Personal, and all Suits and Controversies whatsoever, happening betwixt Party and Party; and shall punish all such Offences and Misdemeanors, in such Manner and Form, and according to such Process and Proceedings, by Fine, Imprisonment, and Corporal Punishment, as have been formerly used in the said Presidency of Mounster, in the Time, and during the Government, of the last Lord President.

"2. You shall keep a Gaol Delivery, at all Times when you shall see Cause, within the said Province; and therein to take Cognizance of all Treasons, Felonies, and all other Criminal Offences whatsoever, and proceed to the Execution of all Traitors, Felons, and all other Delinquents, or otherwise to punish them, according to the Laws of the Land, and in such Manner and Form as the Justices of Gaol Delivery, or the Lord President of that Province, have been used to do.

"3. You shall, with all Care, Diligence, and Sincerity, by the Advice of the said Provincial Council, and the Council of War, or so many of them as you can conveniently advise withall, manage, govern, direct, and carry on, the War betwixt the Brittish Protestants, which have adhered to and declared themselves for the Parliament of England, and the Irish Popish Rebels there, and all such as adhere to or take Part with them against the said Brittish Protestants; and that you shall prosecute with Fire, Sword, and all Manner of hostile Acts, the said Rebels and their Abettors, and use your utmost Endeavour to extirpate and root them out.

"4. You shall, upon all Occasions, summon and keep a Martial Court, and hold a Council of War, in such Manner as hath been there accustomed, and therein to punish by Death or otherwise; and to constitute Laws and Ordinances, for the better Government of Military Affairs, and proposing such Discipline therein as shall conduce to the Ordering of the War; and have Power to exercise Martial Law, and to give Commissions to such as you shall make Choice of for that Purpose, in several Places; provided, that you or they shall not execute by Martial Law any Person or Persons who shall be worth Ten Pounds in Goods, or have Forty Shillings per Annum in Freehold, but leave them to their Trial by Law, that the Escheats thereby may come to the Crown, unless in extraordinary Cases; by Advice of the Council of War, it be found necessary.

"5. You shall carefully dispose and improve all such Lands, Tenements, Rents, Goods, Chattels, and Hereditaments, either by Lease or Custodium, during the Wars, as have or shall belong to any of the Rebels or their Abettors, towards the Maintenance of that War, or of such Persons as have merited in that Service, so that there may be an Accompt had and taken thereof whensoever it shall be required.

"6. You shall conform yourself, and all others there under your Command, to such Form of Church Government and Discipline as shall be set forth by Authority of Parliament; and you shall sufficiently provide for such Godly Ministers as shall submit to that Government and Dicipline.

"7. You shall, upon all Occasions, raise, levy, array, arm, list, and put into Pay, His Majesty's Subjects, and employ them against the Rebels, and give, confer, and dispose, all Offices and Commands, both Military and Civil, belonging to a Commander in Chief, or such as have been incident or appendent to that Government.

"8. You shall, for the better carrying on of the War, keep Correspondency with the other Armies under the Command of the Parliament of England, and from Time to Time obey and execute such further Instructions as you shall receive from both Houses of the Parliament of England, or from any others authorized by them.

"9. And that you, by Example and Persuasion, (fn. 4) do endeavour to draw the Officers and Soldiers of that Province to subscribe for Lands, in Satisfaction of all or Part of their Arrears, according to the Rates mentioned in the Acts of Subscriptions for Lands in Ireland; which Lands shall be assured to them by Authority of Parliament of England, at the End of the War, according to their respective Subscriptions."