House of Lords Journal Volume 6: 16 August 1644

DIE Veneris, 16 die Augusti.

PRAYERS, by Mr. Hodges.

Ds. Grey de Warke, Speaker.

Committee to treat with The States Ambassadors about the Restitution of the Ships they demand.

The Earl of Northumb. reported from the Committee appointed to treat with the Dutch Ambassadors, concerning their Demands of Shipping and Goods taken: "And the Committee finds that the Ambassadors do expect to have Notice from the Houses, that the Parliament hath appointed that Committee to treat with them; and they desire a Note of their Names."

Hereupon the House Ordered an Order to be drawn up, to give them Notice.

French Minister's Audience.

The Speaker reported to the House, "That the Master of the Ceremonies had acquainted him, That he had been with the French Resident; and did let him know, that the Houses had appointed this Day to give him Audience; but he did not intend to come." Upon this, the House did acquiesce.

Order concerning The States Ambassadors, sent to the H. C.

The Order to be sent to The States Ambassadors was read, and approved, and Ordered to be sent to the House of Commons, to desire their Concurrence therein; which was accordingly done, by Sir Edw. Leech and Mr. Page.

Ordinance for Martial Law.

The Lord North reported the Effect of the late Conference with the House of Commons, concerning the Ordinance for Martial Law; and the House of Commons agrees to the Alteration for the Limitation of the Time for Four Months; but as concerning the Proviso for acquainting the Houses before Execution, they do not agree, but desire it may be left out.

And this House taking this into Debate, and it being put to the Question,

"Whether this House agrees with the House of Commons as is now reported?"

It was Resolved in the Affirmative.

(Here enter it.)

Protest against it.

Memorandum, Before the putting of this Question, the Earl of Lyncolne desired Leave to enter his Dissent to this Question; which was granted, and accordingly he entered his Dissent.

"T. Lyncolne."

Ordered, That this Ordinance be forthwith printed, and published by the Sheriffs in all Market Towns, in the several Counties, and the Cities of London and Westm. and that it be sent to the General and Chief Commanders of the Armies.

The Lord Wharton reported, "That a [ (fn. 1) Petition of the] Protestants in Ireland was intercepted, which the Committee of both Kingdoms thought it fit to acquaint this House therewith."

Petition from the Protestants of Ireland to the King.

The Petition was read; and it (fn. 2) is Ordered, That this House thinks it fit that this Petition be sent to the King. To that Purpose, it is referred to the Committee of both Kingdoms, to send it to the Lord General, whereby it may be sent to the King.

Nicholls's Petition.

Upon reading the Petition of Tho. Nicolls Esquire: It is Ordered, That it be referred to the Committee of Lords and Commons for Sequestrations; and that nothing be done to the disturbing of the Petitioner, by the Committee in the County of Hertford, until the Committee of Lords and Commons have determined the Business.

(Here enter it.)

Paper from the Commissioners of the Church of Scotland.

The Lord Wharton reported, "That the Commissioners of the Church of Scotland delivered a Paper to the Committee appointed to meet with them, and desired the same might (fn. 3) be communicated to this House;" which was read, in hæc verba. (Here enter it.)

Message from the H. C. for the Ordinance for Martial Law to be published.

A Message was sent to the House of Commons, by Serjeant Whitfield and Serjeant Fynch:

To let them know, that this House hath agreed to (fn. 3) the Ordinance for Martial Law, according to the last Conference; and to desire that they would agree with this House, that the same may be published in the Cities of London and Westm. and the several Counties adjacent, on the Market-days, by the several and respective Sheriffs.

The Ordinance.

"Be it Ordained, by the Lords and Commons assembled in Parliament, and by Authority of the same, That Robert Earl of Essex, Captain General of the Forces raised by the Authority of Parliament, Algernon Earl of Northumberland, Henry Earl of Kent, Phillip Earl of Pembrooke, William Earl of Salisbury, Oliver Earl of Bullingbrook, Edward Earl of Manchester, Bazill Earl of Denbigh, William Lord Viscount Say & Seale, Phillip Lord Wharton, Dudley Lord North, William Lord Grey of Warke, John Lord Robartes, Phillip Lord Lisle, Sir William Waller, Sir Arthur Haslerig, Sir John Corbett, Sir John Bamfeild, Sir Henry Heyman, Colonel Alexander Popham, Colonel Stapley, Colonel Whitehead, Colonel Morley, Colonel Purefoy, Colonel Ven, Edward Bainton Esquire, Colonel William Jepson, Colonel Alexander Rigby, Thomas Arundell Esquire, Serjeant Major General Skipon, Sir Nathaniell Brent, Dr. Thomas Eden, John Bradshawe Esquire, William Steele Esquire, Sir James Harrington, Colonel Browne, Colonel West, Charles Fleetwood, Colonel William Strode, Colonel Turner, Colonel Manwareing, Colonel Whitchcoate, Colonel Pynder, Lieutenant Colonel Welden, Lieutenant Colonel Underwood, Lieutenant Colonel Wilson, Major Salloway, Major Tytchborne, Colonel Humphrey, Colonel Player, Colonel Prince, Colonel Harswett, Major Camfeild, Molyns, Colonel Owen, Lieutenant Colonel Webb, Lieutenant Colonel Bradley, or any Twelve or more of them, whereof such of the Members of either House of Parliament as have Commissions and Commands in any of the Armies or Garrisons and Sir Nathaniell Brent always to be Three, shall be Commissioners; and shall have full Power and Authority to hear and determine all such Causes as belong to Military Cognizance, according to the Articles in this present Ordinance mentioned; and to proceed to the Trial, Condemnation, and Execution, of all Offenders against the said Articles; and to inflict upon the Offenders such Punishments, either by Death or otherwise Corporal, as the said Commissioners, or the major Part of them then present, shall judge to appertain to Justice, according to the Nature of the Offence, and Articles ensuing:

"1. No Person or Persons whatsoever shall from henceforth voluntarily repair or go from the Cities of London and Westm. 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 appointed by Ordinance of Parliament for the managing of the War, the Lord 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 hath or shall plot, contrive, or endeavour, the betraying, surrendering, or yielding up to the Enemy, or hath or shall, contrary to the Rules of War, surrender, yield up, or betray, any Cities, Towns, Forts, Magazines, 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 in Arms against the Parliament, knowing him to have been so in Arms, with any Money, Victuals, or Ammunition, upon Pain of Death, or other Corporal Punishment at Discretion; or shall voluntarily or knowingly harbour or receive any being in Arms as aforesaid, upon Pain of 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 Imprisonment, and further Punishment at Discretion.

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

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

"And it is hereby further Ordained, by the Authority aforesaid, That the said Commissioners, or any Twelve or more of them, whereof such Members of either House of Parliament as have Commissions and Commands in any of the Armies or Garrisons and Sir Nathaniell Brent always to be Three, shall be authorized, from Time to Time, so often as they shall think fit, or shall be Ordered thereunto by both or either House of Parliament, to sit in some convenient Place, within the Cities of London, Westm. or Lines of Communication, and to appoint a Judge Advocate, a Provost Marshal, and all other Officers needful.

"And it is hereby further Ordained, That all Mayors, Sheriffs, Justices of Peace, Constables, Bailiffs, and 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 other 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 nevertheless, That no Member of either Houses of Parliament, or Assistants of the House of Peers, shall be questioned or tried before the Commissioners appointed by virtue of this present Ordinance, without Assent and Leave first had and obtained of both Houses of Parliament.

"And be it also Provided, That this present Ordinance, and the Authority hereby given and appointed to the Persons hereby nominated, shall endure and have Continuance for Four Months from the making hereof.

"Provided, That this Ordinance, for any Offence hereafter to be committed, shall not take Place, or be of Force, until Eight Days after the Publication hereof; any Thing in this Ordinance to the contrary notwithstanding."

Nicholls's Petition, that he may not be disturbed in his Possession of Sir J. Harrison's, a Delinquent's, Estate in Hertfordshire.

"To the Right Honourable the House of Peers assembled in Parliament.

"The humble Petition of Thomas Niccolls Esquire,

"Sheweth,

"That your Petitioner, for adhering to the Parliament, is wholly stripped out of his Estate of Inheritance, to the Value of near Nine Hundred Pounds per Annum, besides his Personal Estate is taken away, and he thereby deprived of Subsistence for himself, Wife, and Seven Children and Family; that, being chosen to most of the Committees in Hartfordshire, for more Conveniency to do Service for the State, in which he wholly spends his Time, the Committee for Sequestrations, on the 20th of March last, assigned by Grant, for One whole Year, all the Demesnes of Sir John Harrison's, at Balls, near Hartford (for that they could not then otherwise let or set it), to receive, dispose, and improve the same, for the Benefit of the State, and to give an Accompt to the Committee; whereupon your Petitioner hath accordingly ploughed and sowed the Lands, and a considerable Crop of Corn and all Grain is thereupon: That, on the 5 of this Instant August, an Order was made by some few of the Committee of Hartford, That the Corn, Stock, and Goods, of all Delinquents should be sold, for the best Profit to the State; with Proviso, that all such as are in Possession of any Delinquents Estates shall notwithstanding go on in getting in their Harvest; nevertheless, the Collectors and Officers of the Committee have appraised the Corn and Stock and Goods, and tender Sale thereof, though several of the Committee have declared and disclaimed, that, in making that a general Order, they intended not to meddle with any Thing formerly granted to your Petitioner, during his Term.

"Wherefore he prayeth the Favour of this Honourable House, that, according to the Grant of the Committee, he may proceed therein; and accordingly the Officers commanded to surcease from meddling therewith, for that the Petitioner is accountable to the State for the same.

"Th. Niccolls."

Paper from the Commissioners of the Church of Scotland, about settling the Uniformity of Church Government.

"The Meeting of this Honnorable and Reverend Committee at this Tyme, after soe long Intermission, was our humble Motion and Desire, that wee might, according to the Trust put upon us, and the Comaundment which wee have often receaved, and especially of late, represent how necessary it is to make greater Speede in bringing the intended and soemuch-desired Uniformity in Religion to an happy Conclusion.

"Wee have now attended the Reverend Assembly of Divines for the Space of a whole Yeare almost, like as many of our Brethren of the Ministrey have bin for a long Tyme attending on the Armyes of this Kingdome and in Ireland, which is become soe sencible to our particular Congregations (who at the Begining did not apprehend that wee could have beene soe long deteyned from them), that they have petitioned the Generall Assembly for recalling us to our ordinary Charge.

"All this Tyme nothing hath issued forth from the Advice of the Reverend Assembly here, and the Authority of the Honnorable Houses of Parliament, for settling Uniformity in Divine Worshipp and Church Government; but, on the contrary, Sects and Sectaryes are daily encreased and multiplyed in this Kingdome, from the Contagion whereof the Church of Scotland cannott long bee kept free, especially soe many dangerous and scandalous Bookes for Antinomianisme, Liberty of Conscience, Sepration, Anabaptisme, &c. coming to their Hands, which, as it is a greate Dishonnor to Jesus Christ, who loveth to see His People walking in Truth and Unity, a Scandall and Danger to the Weake both here and there, in the Absence [ (fn. 4) of soe many] of their Pastors, soe is it alsoe a Matter of unspeakeable Greise to the Godly, and of Rejoycing to the Prophane and Malignant, who doe hereby harden their owne Hearts in their wicked Courses and Opposition, and indeavour to perswade others that there is noe such Uniformity intended, which noe Doubt will make the Worke, the longer it is delayed, to bee of the greater Difficulty, if not (for any Thing that humane Authority and Power will bee able to doe) impossible in the End.

"Wee neede not remember this Honnorable and Reverend Committee of the Two First Articles of the Solemne League and Covenant, for endeavoring Uniformity in Religion, and the Extirpation of Popery, Prelacy, Superstition, Hæresie, Schisme, &c. it being soe recently sworne by both Kingdomes, and universally knowne to all the Christian World, to the Terrour of the Roman Antichrist, and the shakeing of the Foundations of Babilon, and to the seasonable Refreshment of all the Reformed Churches, and of Comfort to all such as for Conscience Sake are secretly groaning under the Tyrany and Persecution of their Oppressors, who looke upon it as a Doore of Hope opened in this Island for them, and the Generations after them, to see better Tymes; which to frustrate or delay, by a lingring Reformation (which seldome hath bin successfull), were to make their Hearts to faint, and the Enemyes of Religion to gather greater Strength, and to insult over them.

"Wee humbly desire this Honnorable and Reverend Committee, in their Wisdome, to judge how oppertune and necessary it were at this Joynture of Tyme, when the Parliaments of both Kingdomes are aboute Propositions to bee presented to His Majesty for a safe and wel-grounded Peace, to have the most substantiall Parts of the intended Uniformity and Mould of Religion agreed upon, that both Parliaments may knowe in perticuler what they shall demaund, and His Majesty distinctly understand what He shall graunt, in Matters of Religion; without which, the Proceedings in the Proposition concerning Religion, which is the Principall, will bee but implicite and confused, and the Successe may bee such as wee desire may bee rather forseene by your Wisdome, then expressed by us.

"The Parliament of Scotland, the Generall Assembly (which hath renewed our Commission to attend here for some Tyme), the whole Body of that Kingdome, and their Armyes in this Kingdome, doe all with One Heart and Voice call for the expediting of this Worke, as the mayne Cause of their Undertakeing, and of daily adventureing their Lives, and all that is deere unto them in this World, against soe many Enemyes at Home and Abroad; professing withall, that their Hearts and Hands are much weakned through the Delay of their Hopes; that they conceive the slowe Progresse in the Reformation of Religion to bee a cheife Hindrance to the Successe of the Armyes; and that, Truth being once setled, Victory and Peace through the Blessing of God would imediately followe.

"It is therefore our humble and earnest Desire, that foe much may bee presented to the Honnorable Houses, and to the Reverend Assembly, to the End that the best and readyest Meanes and Wayes (which wee presume not to prescribe) may in their Wisdome and yours bee tymeously and seariously taken into Consideration, for expediting of this greate Worke (unto which the Paper of Ordination, which hath beene soe long in Debate, as it is this Day retourned to the Assembly, will prove a greate Prejudice and Hindrance); and that wee may have such Answere retourned unto us, as for our Exoneration wee may comunicate to those that sent us.

15 Aug. 1644.

"John Donn."

Adjourn.

House adjourned till 9^a cras.