House of Lords Journal Volume 8: 3 April 1646

DIE Veneris, 3 die Aprilis.

PRAYERS, by Mr. Case.

Comes Manchester, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer [ (fn. 1) to the Message] sent on Wednesday last to the House of Commons: (Here enter it.)

That they agree to the Alterations in the Ordinance for sending Papists, &c. out of the Line of Communication, and to the Order for the Two Horses to be transported to the Duke Angoleme: As to the Ordinance for Martial Law, they will send an Answer by Messengers of their own.

Ly. Brudnell, Leave to stay with her Husband.

Upon reading the Petition of the Lady Brudnell: It is Ordered, She shall have Leave to stay with her Husband the Lord Brudnell, who is ill in his Health, and a Prisoner, in London.

Count. Rivers, Leave to remain within the Lines.

Upon reading the Petition of Eliz. Countess of Rivers: It is Ordered, That the Person of the Lady Rivers shall have Leave to remain within the Line of Communication.

Ly. Mountague not to reside within the Lines.

Upon reading the Petition of the Lady Viscountess Mountacu; desiring "she may have Leave to remain within the Line of Communication."

It is Resolved, upon the Question, That she shall not have Leave.

Fleetwood's Woods to be preserved.

It is Ordered, That the Sheriff of the County of Bucks, and the Justices of the Peace and Committees of that County, shall take Care that the Woods of Wm. Fleetwood, a Ward, be not destroyed, (fn. 2) but preserved; and such as do destroy them, that they be punished according to the Law.

Letter from the Committee before Newark.

A Letter from the Earl of Rutland and the Lord Mountagu was read, with the Summons of the Garrison of Newarke. (Here enter them.)

Johnson to be instituted to Tynwell.

Ordered, That Mr. Doctor Heath do give Institution and Induction to Thomas Johnson, to the Rectory of Tynwell, in the County of Rutland, in the Diocese of Peterburgh; he being presented thereunto by the Earl of Exeter.

Message from the H. C. for a Conference on the Ordinance for Martial Law.

A Message was brought from the House of Commons, by Sir Jo. Danvers Knight:

To desire a Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, touching the late Ordinance for Martial Law.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired.

Ordinance about Goldsmiths Hall.

The Lord Robertes reported from the Committee the Ordinance for Gouldsmith Hall, with some Alterations, which they offer to the Consideration of the House.

Committee of Lords to be added to the One that now fits there.

Ordered, That Mr. Justice Reeves do prepare an Ordinance, for compounding with Malignants at Gouldsmith Hall, wherein a Committee of Lords be added with the Committee that now sit there, and present the same to this House To-morrow Morning.

Ordinance for Grey to be Master of Leicester Hospital.

The Ordinance for Job Grey to be Master of the Hospital of Leycester, was read, and Agreed to; and Ordered to be sent to the House of Commons, for their Concurrence.

Ray to be Minister of St. Andrew's, Hertford.

Upon reading the Petition of the Inhabitants of St. Andrewes, in Hartford; desiring, "That Mr. Clement Ray may be presented to the said Living."

It is Ordered, That the said Mr. Ray be presented accordingly; and that the Lord Grey of Warke and the Speaker of the House of Commons may present them accordingly.

Message to the H. C. for their Concurrence in it, and Grey's Ordinance;

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

1. To desire their Concurrence in the Ordinance for making Mr. Job Grey to be Master of the Hospital of Leycester.

2. To desire their Concurrence, that Mr. Clement Ray may be presented to the Living of St. Andrewes, in Harford; and that the Lord Grey of Warke and the Speaker of the House of Commons may present them accordingly.

to remind] them of Southcott;

3. To put them in Mind of the Business of Mr. Southcote, formerly sent down.

and with the Petition from Windsor.

4. To recommend to them the Petition of the Officers of Windsor, that they may have some Arrears for their Maintenance paid them.

Ly. Andover, Leave to remain within the Lines.

Ordered, That the Lady Andover hath Leave, for her Person, to remain within the Lines of Communication.

Larner, concerning London's last Warning.

Ordered, That this House will hear the Business further against Larner on Monday next; at which Time, Nicolls, Smith, Overton and his Man, and Woodnott, are then to be brought; and if Larner have any Witnesses on his Behalf, then to bring them: And it is further Ordered, That Larner shall stand committed to the Marshal in whose Custody he is now, until the Pleasure of this House be further signified.

Pettit and Rednes.

Ordered, That the Cause between Petite and Rednes &c. shall be heard on Tuesday Morning next.

200£. for the Door-keepers of this House.

The Lord Robertes reported, "That the Committee are of Opinion, That the Officers that keep the Doors of this House have Two Hundred Pounds amongst them, for their constant Waiting:" Which was Ordered (fn. 3) accordingly by this House; and that it be referred to the Lords of this House that are of the Committee for the Revenue, that the same be paid accordingly.

The House was adjourned during Pleasure, and the Lords went to the Conference with the House of Commons; which being ended, the House was resumed.

Report of the Conference on the Ordinance for Martial Law.

And the Speaker reported the Effect of the Conference; which was,

"That in the First Page, in the Tenth Line, the House of Commons doth adhere to Lieutenant Colonel Taylor.

"In the Second Article, the Fifth Line, leave out the last Letter of these Words ["Cities, Towns, Magazines"].

"In the Second Article, Fifth Line, after the Word ["Magazine"], add the Words ["Fort, Garrison"].

"In the Seventh Article, the Second Line, after the Word ["Soldier"], add ["hath deserted or"].

"In the Eighth Article, in the Sixth Line, after the Word ["London"], add ["or Westm. and (fn. 4) within the Line of Communication"].

"The First Proviso to be left out.

"The Second Proviso, the Word ["concurring"] to be left out."

The rest of the Amendments Agreed to.

The Question being put, "Whether to agree to this Ordinance for Martial Law, with these Alterations and Amendments, as is now desired by the House of Commons?"

And it was Resolved in the Affirmative.

(Here enter it.)

Protest against it.

These Lords following, before the putting of the Question, desired Leave to enter their Dissents to this Question, if it be carried against them:

Ordered, That this Ordinance for Martial Law shall be forthwith printed and published.

Letter from the Committee before Newark, that they had summoned the Town to surrender.

"For the Right Honourable the Speaker of the House of Peers pro Tempore. These, present.

"J. Rutland.

Edw. Mountagu.

"May it please your Lordships,

"On Saturday last, we met with the Earls of Lothian and Dunfermlyn, the Lord Balcarres, Sir David Home, Sir Thomas Kerre, Sir Thomas Ruthen, Mr. Glendoning, and Mr. Johnston, Committees of the Parliament of Scotland; and did that Day agree upon and send Summons into Newark. We have here inclosed sent your Lordships Copies of our Summons, and the Answer; and since the Mercy of the Parliament is neglected, we hope, by such other Means as God and the Parliaments have put into our Hands, ere long to reduce that Place. The Yorkesheir Committee have written unto us, to be disengaged of the Promise of Re-payment what the Counties of Lincolne, Leicester, and Nottingham should for the present lay out for the Quarters of the Yorkesheir Horse, in regard their Ordinance was expired, and that they sensibly find by Experience they are like to expect no more Monies considerable, so long as the Scottish Horse continue their heavy Burthens upon that County. We therefore (and for that without present Payment these Counties cannot provide for those Horse) shall be necessitated to send them into Yorkesheir. And the Line being now finished, we hope they may be spared without much Prejudice to the Service. Colonel Poynts doubts not but suddenly to turn the River Smite into a new Chanel, that their Mills may not be helpful to them, or the Water hinder the Approaches on the North Side Trent. The Field Officers have viewed the most convenient Place for Forts to shoot either into the Town, or Sconces which are in Preparation, and will speedily be finished; and we shall lose no Time to make a good End of this Service.

Lincolne, March 31th, 1646.

"Your Lordships

"Most humble Servants,

"J. Rutland.

"Edward Mountagu."

Summons from the Committee before Newark to the Governor, &c. to surrender the Town.

"We, the Committee of both Kingdoms, being sent and authorized to use our best Endeavours for the reducing of the Town and Garrison of Newarke, do hereby, in the Name of both Houses of the Parliament of England, and for the Use of the King and Parliament, demand of you, that you forthwith surrender the same into their Hands. It is the pious Care of the Parliament to prevent the Effusion of Christian Blood, the Wasting of the Country, and the Destruction of the Towns. We shall esteem ourselves happy in being Instruments to avert those Miseries; and shall therefore grant you, the Gentlemen with you, and the Town, honourable and fair Conditions; which if you shall now neglect, and will let nothing but experimental Sufferings declare unto you your unavoidable Ruin, you are to give an Account to God, to this present Age, and to Posterity, for all the Blood shall from henceforth be shed, for the Wasting your native and neighbouring Counties, and Destruction of so considerable a Place. You may not, nor can any in Reason expect, and most assuredly, on the Faith of honest Men, you shall not hereafter obtain from us, such Terms as we are now willing to afford you.

"We sent no Summons until you and all with you might see we were able by Force to attain what we much rather desire by Treaty. The Parliament have Sixteen Thousand Horse and Foot at present before your Town, Soldiers of Experience, united, and in Health and Courage. This is no Way mentioned as if we trusted in the Arm of Flesh (God, the Lord of Hosts, hath manifested that we fight His Battles); but to shew you the vast Expences which will be occasioned by the Continuance of this Siege (for which your Estates must answer), and that your holding-out may not further tempt the Almighty: And though you should not regard your own Ruin, though some others should be of that your Opinion, shall yet that wealthy Town be sacked, and others perish with you, that see their own Misery, and would avoid it? A prudent Man, a Soldier, cannot live or die in Reputation or Peace of Spirit, to maintain a Place not so long tenable as till it can be relieved, of which you cannot have the least Hopes. Flatter not yourselves. Relief is not to be had. Chester was nearer Succours, and considerable Armies for them in the West and in Wales; now scarce seen what remains of either. Was not that strong City of most great Importance? were they not very often promised? did not all Assurances to be relieved come to them? They had none: That Place is surrendered.

"Your Wealth, if you rightly consider in what State you are, promoves your certain and sudden Destruction. You are prepared in some Things for Defence: You know, and we know, you are not for some other. Consider these Things seriously; and you cannot but through them see your Ruin to be inevitable, if you do not avoid it by accepting what is now offered. We will expect your Answer on Monday next, by Eleven of the Clock in the Forenoon, at Balderton.

Balderton, March 28th, 1646.

"Signed, in the Name, and by the Warrant, of the Committee of both Kingdoms, by

"J. Rutland.

"Lothian.

"For the Governor of the Town and Garrison of Newarke, the Gentlemen there, and the Mayor, Aldermen, and Burgesses of that Town."

The Governor of Newark's Answer.

"Having received a Paper subscribed by the Committee of both Kingdoms, directed as to a Committee Governor, by putting the Gentlemen and Corporation in equal Commission with me (though the joining us together was with the Intention to divide us); I shall, in Answer thereof, desire you to reflect upon the King's Letter of the 23th of March, sent to the Two Houses of Parliament, which I received from your own Quarters, where, in a full Compliance with all their Desires, upon the most gracious Conditions that ever Prince propounded, He offers to disband His Forces, and to dismantle His Garrisons. To what End then do you demand that of the Steward, whereof the Lord and Master makes a voluntary Tender? I conceive it my Duty to trace His Commands, not to outstrip them; so that, though Honour and Conscience would permit the Delivery, yet Civility would retard it, lest His Majesty's Act of Grace be frustrated by my hasty Speed. I shall wave the Arguments wherewith you endeavour to evince my Consent. I am neither to be struck into Apostacy by the Mention of fair Conditions in a misty Notion, nor to be frighted into Dishonour by your running Division upon the Fate of Chester: For, as I do not measure my Allegiance by my Interest to the former, so I do disdain that Poverty of Spirit as by Resemblance of Chester to suffer by Example. I can be loyal without that Copy; and I hope this Garrison shall never be the Transcript of their Calamity. You may do well to use your Fortune modestly; and think not that God Almighty doth applaud your Cause by reason of your Victories, or that He hath not a Blessing in Store for ours. Whereas you urge the Expence of the Siege, and the Pressures of the Country in supporting your Charge there (since occasioned by yourselves), I am not concerned; yet, in order to their Ease, if you will grant a Pass to some Gentlemen to go to the King and return, I may then know His Majesty's Pleasure, whether, according to His Letter, He will wind up the Business in general, or leave me to steer my own Course: Then I shall know what to determine. Otherwise I desire you to take Notice, that, when I received my Commission for the Government of this Place, I annexed my Life as a Label to my Trust.

New. 31 March, 1646.

"J. Bellasyse.

"To the Committee of both Kingdoms."

Order for all Papists, &c. to leave London and the Lines of Communication.

"The Lords and Commons in Parliament assembled, taking Notice of the great Confluence and Resort of Papists, Officers, and Soldiers of Fortune, and such as have borne Arms against the Parliament of England, from the Enemy's Garrisons and Quarters, unto the Cities of London and Westm'r, and other Parts within the Lines of Communication, do, for the Prevention of such Inconveniencies as may thereby arise, think fit to Order, and it is hereby Ordered by the said Lords and Commons, That all Papists whatsoever, and all Officers and Soldiers of Fortune, and other Persons that have borne Arms against the Parliament of England, not being under Restraint, do, before the End of the Sixth Day of April, 1646, depart out of the said Cities of London and Westm. and Lines of Communication; and if any such Person shall continue within the said Lines after that Time, such Person is hereby declared a Spy, according to the Rules of War: And the said Lords and Commons do further Order, That all such Persons do forbear, upon the Penalty aforesaid, to return or come within the said Lines without Licence under the Hands of the Committee appointed for Compositions at Gouldsmiths Hall; and the Committee of the Militia of London, and their Sub-committees, in their several Limits respectively, are hereby required to keep strict Guards and Watches, and cause frequent Searches to be made, and to take Care for the due Execution of this Order: Provided, That this Order, nor any Thing therein contained, shall extend to any Person or Persons who shall obtain Licence under the Hands of the Committee of Gouldsmiths (fn. 5) Hall to continue within the Limits aforesaid: Provided, That this Order, or any Thing herein contained, shall not extend to any Person or Persons who came in to the Parliament before the First of June last, and are cleared by both Houses of Parliament from their Delinquency: Provided also, That no Peer of this Realm shall resort unto the Committee of Gouldsmiths Hall for Licence to continue within the Limits aforesaid, but shall repair only to the House of Peers for their said Licence: This Order to continue for the Space of One Month after the said Sixth of April, and no longer."

(fn. 6) "An Ordinance of the Lords and Commons assembled in Parliament, for the speedy establishing of a Court Martial, within the Cities of London, Westminster, and Lines of Communication, together with the Names of such Commissioners as are appointed for the Execution thereof.

"Die Veneris, 3 April. 1646.

Ordinance for Martial Law in London, &c. and within the Lines.

"It is Ordained, and be it Ordained, by the Lords and Commons in this present Parliament assembled, That Sir Thomas Fairfax Knight General of the Forces raised by the Houses of Parliament, Serjeant Major General Skippon, Colonel Rowland Wilson, Colonel Owen Rowe, Colonel Edward Hooker, Colonel Ralph Harrison, Colonel Francis Zachary, Colonel Hardwick, Colonel Thomas Gower, Colonel George Langham, Colonel George Paine, Colonel Thomas Randall, Colonel William Willoughby, Colonel Daniel Sowton, Lieutenant Colonel Taylor, Colonel John Bradley, Lieutenant Colonel Francis Rowe, Lieutenant Colonel Francis Bromfield, Major Richard Wollaston, Sir Nathaniel Brent Knight, Doctor Walker, Master John Mills, Sir James Harrington Knight, Colonel Francis West Lieutenant of The Tower, Colonel Charles Fleetwood, Colonel Humphreys, Colonel Richard Turner, Colonel Edmond Harvey, Colonel Robert Manwaring, Colonel Mathew Shepheard, Major Robert Thompson, Lieutenant Colonel Thomas Buxton, Colonel Randall Manwaring, Colonel Whitchcott, Colonel Pinder, Lieutenant Colonel Weldm, Colonel William Underwood, Colonel Thomas Player, Colonel James Prince, Colonel Samuel Harsnet, Lieutenant Colonel Nathaniel Camfield, William Molins, Colonel John Owen, Colonel Webb, John Bradshaw, and William Steele, Esquires, or any Twelve or more of them, shall be Commissioners, and are hereby authorized, according to the Course of War, to execute Martial Law within the Cities of London and Westminster and Lines of Communication, upon the Officers and Soldiers in the Regiment of Colonel Bradley, and upon such Gunners, Matrosses, and other Soldiers, as are employed under Pay upon the Guards and Lines of Communication, and no others, according to the Articles of War published by the Earl of Essex, and now used in the Army under the Command of Sir Thomas Fairfax; and to proceed to Trial, Condemnation, and Execution of all such Offenders against the said Articles, or any of them.

"And be it further Ordained, by the Authority aforesaid, That the said Commissioners, or any Twelve or more of them, shall have Power to execute Martial Law, within the Cities of London and Westminster and Lines of Communication, upon such Persons as shall offend against these Articles following, or any of them:

"1. No Persons whatsoever shall from henceforth voluntarily repair or go, from the Cities of London and Westminster, or from any other Parts of the Kingdom under the Power of the Parliament, unto the Person of the King or Queen, or Lords of the Council abiding with Him or Her, or to any Commander or Officer of the King's Army; or shall give or hold any Intelligence, by Letters, Messages, or otherwise, with any in Arms against the Parliament; without Consent of both Houses of Parliament, or the Committee of both Kingdoms, or the General of the Forces raised by the Two Houses, or from the respective Officers that shall command in Chief any of the said Forces, upon Pain of Death, or other Corporal Punishment at Discretion.

"2. Whosoever shall plot, contrive, or endeavour, the betraying, surrendering, or yielding up to the Enemy, or shall, contrary to the Rules of War, surrender, yield up, or betray, any City, Town, Magazine, Fort, Garrison, or Forces, which now are, or hereafter shall be, under the Power of the Parliament, shall be punished with Death.

"3. No Person or Persons whatsoever, not under the Power of the Enemy, shall voluntarily relieve any Person being actually in Arms against the Parliament and knowing him to have been so, to be in Arms, with any Money, Victuals, or Ammunition, or shall voluntarily and knowingly harbour or receive any being in Arms as aforesaid, upon Pain of Death, or other Corporal Punishment at Discretion.

"4. No Officer or Soldier shall make any mutinous Assemblies, or be assisting thereunto, upon Pain of Death.

"5. No Guardian or Officer of any Prison shall wilfully suffer any Prisoner of War to escape under Pain of Death, or negligently under Pain of other Corporal Punishment at Discretion.

"6. Whosoever shall voluntarily take Arms against the Parliament, having taken the National Covenant, shall die without Mercy.

"7. Whatsoever Officer, Commander, or Soldier, hath deserted or shall desert his Trust, and adhere to the Enemy, shall die without Mercy.

"8. Whosoever shall come out of the King's Army or Garrisons, or hath within the Space of One Month been in the King's Army, or any of His Garrisons, or hath borne Arms against the Parliament, or hath voluntarily assisted the Enemies of the Parliament, and shall come to the City of London or Westminster, or into the Lines of Communication, or any Garrison of the Parliament, without a Pass from both Houses of Parliament, or from Sir Thomas Fairfax the General, or without Drum or Trumpet, and shall not within Forty-eight Hours render himself to the Speakers of the Houses of Parliament, or to the Committee of both Kingdoms, or to the Committee at Goldsmiths Hall, or to the Committee of Examinations, or Commander in Chief of any Garrison under the Power of the Parliament, shall be proceeded against as a Spy, and shall die without Mercy.

"9. Whosoever shall come as a Spy into the Cities of London and Westminster, or within the Lines of Communication, and who, by virtue of any Ordinance or Declaration of both Houses of Parliament now in Force, shall be found to be a Spy, shall be liable to such Punishment as by the Course of War is usual in such Cases.

"And be it Ordained, That the said Commissioners, or any Three or more of them, are hereby enabled to send their Warrant or Warrants for the apprehending or bringing before them any Delinquents or Witnesses, not being Peers of this Realm, nor Members of the House of Commons, nor Assistants nor Attendants of the House of Peers, nor Officers of the House of Commons, to any Place whatsoever, and commit to Prison all such as shall be refractory.

"And it is hereby further Ordained, by the Authority aforesaid, That the said Commissioners, or any Twelve or more of them, shall be authorized from Time to Time, and so often as they shall think fit, or shall be Ordered thereunto by both Houses of Parliament, to fit in some convenient Place within the Cities of London and Westminster, or Lines of Communication, and to appoint a Judge Advocate, a Provost Marshal, and all other Officers needful whatsoever; and the said Judge Advocate is hereby authorized and enabled to receive all Accusations, Articles, Complaints, and Charges, against all or any the Offenders aforesaid; and to examine the Delinquents and Parties charged, and to administer Corporal Oaths to all Witnesses not being Peers of this Realm; and then to examine upon Oath, before or at the Trials, as the Cases may require.

"And it is further Ordained, That all Mayors, Sheriffs, Justices of Peace, Constables, Bailiffs, and all other Officers, shall be aiding and assisting to the said Commissioners in the Execution of the Premises; and that the said Commissioners, and every of them, and all and every Person and Persons that shall be aiding and assisting to them in the Execution of the Premises, shall be saved harmless and indemnified for what they shall do therein, by Authority of Parliament: Provided, That this Ordinance, or any Thing therein contained, shall not extend to any of the Peers of this Realm, or to any of the Members of the House of Commons, or to any of the Assistants of the House of Peers; concerning any of whom if any such unexpected Occasion shall happen, it is hereby Declared, That such Course shall be taken for their Trial as to Justice shall appertain, and shall be thought fit by both Houses of Parliament.

"Provided always, and be it Ordained, That no Sentence shall be pronounced by the Commissioners aforesaid against any Person or Persons, but upon the Testimony of Two credible Witnesses, or upon the Confession of the Party accused, without Constraint.

"Provided, That no Execution of Sentence as to Death shall be had upon this Ordinance, until Six Days after Notice given of the said Sentence unto both Houses of Parliament.

"Provided, That none of the Commissioners named in this Ordinance shall fit and act by virtue hereof, except they have taken the National Covenant, or shall take the same before their respective Sitting, or executing any Thing by virtue thereof. This Ordinance to continue for the Space of Three Months from the passing thereof, and no longer.

"Die Veneris, 3 April. 1646.

"Ordered, by the Lords assembled in Parliament, That this Ordinance of Martial Law be forthwith printed and published.

"Joh. Brown, Cler. Parliamentorum."

Adjourn.

House adjourned till 10^a cras.