House of Lords Journal Volume 8: 23 June 1646

DIE Martis, 23 die Junii.

PRAYERS, by Mr. Salawey.

Comes Manchester, Speaker.

Answers from the H. C.

Answer returned from the House of Commons, by Sir Edward Leech and Mr. Page:

That the House of Commons doth agree with their Lordships in the Ordinance of Hull: (Here enter it.) And to the rest, they will send an Answer by Messengers of their own.

Doctor Heath and Mr. Page returned likewise Answer:

That they do agree to communicate the Propositions to the Scotts Commissioners, as is desired by your Lordships.

Message from thence, with Ordinances.

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

1. To desire Concurrence in several Ordinances.

2. To put their Lordships in Mind of passing the Ordinance for making of Captain Batten Governor of The Holy Island.

The Answer returned was:

Answer.

That this House hath passed the Ordinance concerning Captain Batten: To all the rest of the Particulars, this House will take them into Consideration, and send an Answer by Messengers of their own.

L. Morley to have an Allowance out of his Estate.

Upon reading the Petition of the Lord Morley; desiring "he may have some Maintenance allowed him, for his Support:"

It is Ordered, To be specially recommended to the House of Commons, for some Allowance to be assigned him, out of his Estate, for his Support.

Paper from the Scots Commissioners, that the Marquis of Argyle is come to communicate Business to the Houses.

A Paper was brought into this House, from the Scotts Commissioners; videlint,

"The Lord Marquis of Argilc being lately come hither, and to communicate some Thinges to both Houses which hee hath in Commaund; wee have thought fitt to desire your Lordships to acquaint the Honorable Howses therewith, that it may bee done at such Time, and in such Manner, as they shall thinke fitt.

22 June, 1646.

"By Commaund of the Commissioners for the Parliament of Scotland.

"Jo. Cheislie."

Committee to meet about it.

Upon reading of which Paper, the Lords did appoint a Committee of Twenty, to meet with a proportionable (fn. 1) Number of the House of Commons, on Thursday next, at Two post Meridiem, in the Painted Chamber; and that such other Lords as pleased might be present.

The Lords Names:

Sir Edward Leech and Mr. Page to the House of Commons with the Paper, and desire their Meeting accordingly.

Colonel Lylburn committed to Newgate close Prisoner.

This Day a scandalous Pamphlet was brought into this House, printed, intituled, "The Freeman's Freedome vindicated;" reported to be made by Lieutenant Conel Lylburne; which was read.

The House Ordered, He should be brought into this House as a Delinquent, being formerly committed as a Delinquent. And he, the said Lieutenant Colonel Lylburne, refused to kneel as a Delinquent at the Bar.

Hereupon this House Ordered, That the said Lylburnc, for this Contempt to this House, shall for the present be committed close Prisoner to Newgate; and that none be suffered to resort to him, nor any Pen and Ink to be allowed him, until this House take further Order therein.

King's Counsel to draw up a Charge against him.

And it is further Ordered, That the King's Counsel, with the Assistance of Mr. Hayles, Mr. Herne, and Mr. Glover, shall consider of all Particulars, Books, and Pamphlets, of the said Lylburne's, which this House is possessed of, and the Protestation to this House, and draw up a Charge against the said Lylburne, and present the same to this House with what convenient Speed they can; and have Liberty to search Records.

Colonel Booker protected, till his Arrears are paid.

Upon reading the Petition of Lieutenant Colonel Booker; complaining, "That he being employed in the immediate Service of the State for Ireland, as appeared by Certificate and there being much Money owing to him by the State; but he is threatened to be arrested for other Mens Debts."

It is therefore Ordered, That the said Lieutenant Colonel Booker shall be protected in his Person from any Arrests, until the State do pay him his Arrears due unto him; and that all whom it concerns do take Notice hereof.

Ordinance to settle the Garrison of Hull.

"An Ordinance for the settling and establishing of the Pay of the Garrison of Kingston upon Hull.

"Whereas Sir Thomas Fairefax Knight, Commander in Chief of the Forces raised by the Parliament for the Defence of the Kingdom, was, the Sixteenth Day of April, 1645, appointed and approved, by the Lords and Commons in this present Parliament assembled, to be Governor of Kingston upon Hull; and whereas the said Town is a maritime Garrison, eminent for Situation and Strength, and of great Concernment for the Safety of the Northern and other Parts of the Kingdom; and that it is necessary that there should be a Garrison continued there, and a certain Pay established for the Maintenance of the same: Which the Lords and Commons now assembled in Parliament taking into their serious Consideration, do Order and Ordain, and be it Ordered and Ordained by the said Lords and Commons, That, for the Support and Maintenance of the Forces of the said Garrison of Kingston upon Hull, the Castle, Forts, and Blockhouses, under the Command of the said Sir Thomas Fairefax, according to the Establishment appointed, or to be appointed, by both Houses of Parliament, that the Sum of Three Hundred and Forty Pounds each Month (or one Fourth Part thereof Weekly) be paid to the Pay-master of the said Garrison, cut of the Monies due, raised, or to be raised, by the Commissioners or Sub-commissioners for the Time being of the said Town and Port of Kingston upon Hull, in Pursuance of an Ordinance of the Lords and Commons in Parliament, of the Eleventh of September 1643, for the Excise and New Impost; and that also there be paid the Sum of Nine Hundred Four Score and Four Pounds, and Eight Shillings each Month (or One Fourth Part thereof Weekly) to the said Pay-master, by the Commissioners for the Customs, or by the Collector or Collectors of the said Town and Port, out of such Monies due, or becoming payable, for Custom or Impost of Goods and Merchandize exported or imported, to and for the Pay of the said Garrison, according to the said Establishment, amounting to One Thousand Three Hundred Twenty-four Pounds and Eight Shillings per Month; and that likewise there be paid by the Collectors of the Customs the Sum of Thirty Pounds each Month to the said Pay-master, upon Accompt, for the defraying of incident and necessary Charges of the said Garrison; the said respective Payments to begin from the First Day of January, 1645, and to continue until the First Day of January next, 1646, unless both Houses of Parliament shall take Order to the contrary; and that the said Paymaster his Receipt from Time to Time for the same shall be a sufficient Discharge to every of the Commissioners for the Customs or Excise, and for their Collectors, Deputies, or Sub-commissioners, or any of them; all which Monies so to be received by the said Pay-master is to be disbursed and paid by Order of the said Sir Thomas Fairefax, or such as are or shall be by him appointed and authorized for the Government of the said Town and Garrison, from Time to Time, according to the true Meaning of this present Ordinance: And be it farther Ordained, That such Sums of Money as the Commissioners or Collectors of the Customs of the said Town and Port have paid since the 12th of August last, upon the Desire of the Deputy Governor of the said Town, to the Pay-master of the said Garrison, upon Accompt, towards the Payment of the same, that the said Commissioners or Collectors shall be allowed the same upon their Accompts: And it is further Ordained, by the Lords and Commons in Parliament, That the said Sir Thomas Fairefax, or such to whom he hath or shall for the Time being commit the Government of the said Garrison of the Town and County of Kingston upon Hull, calling unto him, or any of them, the Officers of the said Garrison, according to the Course of War, shall have Power, and is hereby authorized, to execute Martial Law, within the said Town of Kingston upon Hull and County of the same Town, according to the Articles published in Print, under the Title of "Laws and Ordinances of War, "and established, for better Conduct of the Army, by his Excellency the Earl of Essex Lord General of the Forces raised by the Authority of the Parliament, for the Defence of the King and Kingdom; which Articles also, with the Enlargements thereof, are authorized by the said Earl, by Warrant under his Hand, dated the 25th of November, 1643, to be printed, and now used in the Army under the Command of the said Sir Thomas Fairefax; or which shall be agreed upon by both Houses of Parliament: Provided, That this Part of this present Ordinance concerning Martial Law, or any Thing therein contained, shall not extend to any Person or Persons abiding within the said Town or County of Kingston upon Hull, except Officers and Soldiers in Pay, unless such Person or Persons as shall offend against any of the Articles following:

1. No Person whatsoever shall from henceforth voluntarily repair or go, from the Garrison of the Town of Kingston upon Hull, 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 Committee of both Kingdoms, or the General of the Forces raised by the Two Houses, or such Person as is or shall be authorized Governor of the said Garrison, 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, the said Town of Hull, the Castle, Forts, or Blockhouses, or any Part thereof, 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 Ammunition, or with Money or Victuals; except such as have compounded for their Delinquency, or then being Prisoners in the said Garrison, or shall voluntarily or knowingly harbour or receive any being in Arms as aforesaid, upon Pain of Death, or other Corporal Punishment at Discretion.

4. No Officer, Soldier, or any other Person whatsoever, 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, and shall come to the Garrison of Hull aforesaid without a Pass from One or both Houses of Parliament, or from Sir Thomas Fairefax the General, or without Drum or Trumpet, and shall not within Twenty-four Hours render himself to him that hath or shall have the Government of the said Town committed to him, shall be proceeded against as a Spy, and shall die without Mercy:

9. Whosoever shall come as a Spy into the said Town and Garrison, 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.

In any of which Case or Cases, the said Sir Thomas Fairefax, or such Person as he hath or shall commit the Government of the said Town and Garrison unto, together with the Officers of the Garrison, according to the Course of War as aforesaid, may and are 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 them to examine upon Oath before or at the Trials as the Cases may require; and to proceed against such Person or Persons as shall at any Time offend against the said recited Articles, or any of them; and to inflict such Punishment upon such Offenders in such Manner as by the said recited Articles is respectively directed.

And be it further Ordained, That the Mayor and Sheriffs for the Time being, Justices of Peace, and all other Officers in the said Town and Garrison, shall be aiding and assisting in the Execution of the Premises; and that the said Sir Thomas Fairfax, and such Person or Persons as shall do any Act concerning Martial Law, or be aiding and assisting therein, or in the Execution of any other Clause, Matter, or Thing, contained in this Ordinance, shall be saved harmless and indemnified by Authority of both Houses 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 Assistant of the House of Peers, or to the Prejudice of the Civil Government of the said Town.

"Provided always, and be it Ordained, That no Sentence shall be pronounced against any Person or Persons in Pursuance of the recited Articles, but upon the Testimony of Two credible Witnesles, or upon the Confession of the Party accused without Constraint."

Col. Lylburne committed close Prisoner to Newgate.

"It is this Day Ordered, by the Lords in Parliament assembled, That John Lylburne shall stand committed close Prisoner to the Prison of Newgate; being questioned for Two scandalous, seditious, and most dangerous Pamphlets, tending to raise Sedition in this Realm, and to subvert the fundamental Laws and Government of this Kingdom; and also containing scandalous Matter against this House, and some Members of the same; and that he be not permitted to have Pen, Ink, or Paper; and that none shall have Access unto him in any Kind, but only his Keeper, until this Court doth take further Order."

Adjourn.

House adjourned till 10^a cras.