House of Lords Journal Volume 7: 1 April 1645

DIE Martis, 1 die Aprilis.

PRAYERS, by Mr. Newcomen.

Ds. Grey de Warke, Speaker this Day.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer to the Message sent Yesterday to the House of Commons:

That they will give a Free Conference, this Morning, at Ten of the Clock, as is desired.

Reasons for adhering to the Clause about the King's Person, in Sir T. Fairfax's Ordinance.

The Earl of Denbigh reported from the Committee, Reasons drawn up to be offered to the House of Commons, at a Free Conference, concerning the adhering to the additional Clause in the Ordinance for additional Powers to Sir Thomas Fairefaxe.

Ld. General desires Leave to deliver up his Commission.

And the Lord General desired he might have Leave To-morrow to present and deliver up his Commission to the Houses; and so there will be no Obstacle for the passing of the Clause concerning the Forts and Garrisons to be put into the Command of Sir Thomas Fairefaxe.

Additional Clause in Sir T. Fairefax's Ordinance, about Guards and Garrisons.

Hereupon it was moved, "That there might be a retracting of the Vote for adhering to the Alterations in that Clause; and that the Alterations may be left out."

And, upon Debate, these Questions following were put:

"Whether to agree to that Clause concerning the Forts as it came from the House of Commons?"

Resolved in the Affirmative.

"Whether this House doth agree to leave out the additional Clause?

"Resolved in the Negative.

Conference on Sir T. Fairfax's Ordinance.

Hereupon the Lords went to the Free Conference with the House of Commons, to communicate to them these Reasons, and hear the Reasons of the House of Commons upon the Matter of the former Conference.

The House was adjourned during Pleasure.

The Free Conference being ended, the House was resumed.

And, after Debate, this Question was put,

Additional Clause in it, retracted.

"Whether this House is satisfied with the Reasons of the House of Commons, at the Free Conference, for leaving out the additional Clause?"

And it was Resolved in the Affirmative.

Then the Lords went to acquaint the House of Commons, in the Painted Chamber, "That this House agrees with the House of Commons, in the leaving out the additional Clause in the Ordinance for further Powers to Sir Thomas Fairefaix; and hath passed the same accordingly."

Ordinance for additional Power to Sir T. Fairfax.

"Whereas the Lords and Commons assembled in Parliament have, by an Ordinance, in or about the 15th Day of February last past, intituled, "An Ordinance for raising and maintaining Forces, for the Defence of the Kingdom, under the Command of Sir Thomas Fairefax," Ordained, That there be forthwith raised and formed an Army, consisting of Six Thousand Six Hundred Horse, One Thousand Dragooners, and Fourteen Thousand Four Hundred Foot, and shall be under the immediate Command of the said Sir Thomas Fairefax Knight, who is thereby constituted and ordained Commander in Chief of all the said Forces: The Lords and Commons now assembled in Parliament, taking the same into their serious Consideration, have Ordained, and be it Ordained, That the said Sir Thomas Fairefax shall rule, govern, command, dispose, and employ, the said Army, and every Part thereof, and all Officers and others whatsoever, employed, or to be employed, in or concerning the same, in, for, or about, all Defences, Offences, Invasions, Executions, and other military and hostile Acts and Services, as Commander in Chief, and be subject to such Orders and Directions as he hath or shall receive from both Houses of Parliament, or from the Committee of both Kingdoms; and the said Army, and every Part thereof, shall conduct and lead against all and singular Enemies, Rebels, Traitors, and other like Offenders, and every of their Adherents, and with them to fight, and them to invade, resist, depress, subdue, pursue, slay, kill, and put to Execution of Death, by all Ways and Means; and to fulfil and execute all and singular other Things for the governing of the said Army; and likewise shall have Power to assign and grant Commissions to all such Commanders and Officers as shall be thought necessary and requisite for the Government and Command of the said Army; and likewise shall have Power to assign and appoint One or more Provost Marshals, for the Execution of his Commands, according to this Ordinance: And it is further Ordered and Ordained, That the said Sir Thomas Fairefax shall have Power to command all Garrisons, Forts, Castles, and Towns, already fortified, or to be fortified, without amoving or displacing the Governors and Commanders; as likewise, by himself or others deputed and authorized by him, to take up and use such Carriages, Draught Horses, Boats, and other Vessels, as in his Discretion, and as often as he shall think meet, shall be needful, for the conveying and conducting of the said Army, or any Part thereof, or for bringing or carrying Ammunition, Ordnance, Artillery, Victuals, and all or any other Provisions necessary or requisite for the Army, or any Part thereof, to or from any Place or Places, according to the Intent of this Ordinance; and likewise to give Rules, Instructions, and Directions, for the governing, leading, and conducting the said Army; and shall also have Power to execute Martial Law, for the Punishment of all Tumults, Rapines, Murders, and other Crimes and Misdemeanors, of any Person whatsoever in the said Army, according to the Course and Customs of the Wars, and Law of the Land, and according to the Laws and Ordinances of War heretofore allowed by both Houses of Parliament; and the said Laws and Ordinances of War shall cause to be proclaimed, performed, and executed; straightly charging and requiring all the Officers and Soldiers of the said Army to be obedient to him the said Sir Thomas Fairefax; as likewise all Lieutenants of Counties, Sheriffs, Deputy Lieutenants, Officers of the Ordnance, Justices of the Peace, Mayors, Bailiffs, and other His Majesty's Officers and Subjects whatsoever, in their respective Counties and Places, to be aiding and assisting to him the said Sir Thomas Fairefax, in the Execution of the said Office of Commander in Chief of the said Army, for the Ends and Purposes, and in the Manner aforesaid: And do likewise Ordain and Declare, That the said Sir Thomas Fairefax, the Commanders and Officers of the said Army, and all His Majesty's Officers and Subjects whatsoever, in the Execution of the Premises, shall be saved harmless and defended, by the Power and Authority of both Houses of Parliament."

Adjourn.

House adjourned till 9^a cras.