Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Lunæ, 24 Aprilis.
PRAYERS, by Mr. Corbett.
Comes Manchest'r, Speaker.
L. Viscount Say & Seale.
Ds. Howard de Escr.
A Petition of Roger Draper read.
And Ordered, That th'other Party shall have a Sight of this Petition; and in the mean Time all Proceedings at Common Law shall be stayed, until further (fn. 1) Order be given therein.
Bland's Title to the Receivership of Yorkshire.
The Report from the Committee of Revenues, concerning the Receivership of Yorkshire, was read.
(Here enter it.)
And in regard the Members of the House of Commons that are of the Committee for Revenue cannot join with the Lords that are of that Committee, in regard they are bound up by (fn. 2) the Vote of the House of Commons; therefore to send to the House of Commons, by a Message, to desire that their Members of that Committee may have Power to join with the Lords, in putting the Trial of Mr. Thomas and John Bland's Title into a Course at Law; and that it may be referred to the Committee of the Revenue, to think of some Third Person to gather [ (fn. 3) up the Rents] until Bland's Title to the said Place be determined, whereby no Prejudice may come to the State; and this without Prejudice to the Title to be determined at Law.
Sir J. Munson, to have the Benefit of the Oxford Articles.
A Letter from the General (fn. 4) concerning Sir John Munson, was read. (Here enter it.)
It is Ordered, To be sent to the House of Commons, to desire their Concurrence, that Sir John Munson may have the Benefit of the Articles of the Surrender of Oxford; and if any Ordinance come from the House of Commons concerning him, that it be respited until this be determined.
Ald. Adams, Bunce, and Langham, to be brought up.
Upon reading of a Paper which was sent to the Lieutenant of The Tower of London, from Alderman Adams, Alderman Langham, and Alderman Bunce:
It is Ordered, That the said Lieutenant of The Tower shall bring the said Alderman Adams, and Alderman Langham, and Alderman Bunce, To-morrow Morning, according to former Order of this House.
Message from the H. C. with Instructions for the Commissioners in Scotland;—with an Order; and to remind the Lords of others.
A Message was brought from the House of Commons, by Mr. Cleave, &c.; who brought up divers Particulars, wherein their Lordships Concurrence is desired:
1. Instructions to be sent to the Commissioners in Scotland.
2. An Order for Redress of the Oppression of Soldiers, by taking Free Quarter contrary to the Orders of Parliament. (Here enter it.)
Agreed to; and ordered to be printed and published.
3. To put their Lordships in Mind of the Order concerning Ely House, and against Malignants.
The Answer returned was:
That this House agrees to the Order against the Soldiers taking Free Quarter: To all the rest, their Lordships will send an Answer by Messengers of their own.
Private Business put off.
Ordered, That no Private Business shall be received into this House, or agitated, for Ten Days.
To sit P. M.
Ordered, That this House shall sit this Afternoon again, at Four of the Clock.
Letter from the Commissioners in Scotland.
A Letter from the Commissioners in Scotland, was read. (Here enter it.)
Draper, Smith, and James.
Upon reading the Petition of Roger Draper this Day in the House, touching a Lease of a Rectory purchased from a Prebendary in Chichester, wherein one Smith (the late Tenant) and George James (pretending some Right thereto) are concerned:
It is Ordered, That the Parties interested shall have a Sight of the said Petition; and that the Proceedings in all Inferior Courts touching the Premises shall be stayed, and no further proceeded in, until the Pleasure of this or both Houses of Parliament be farther signified herein.
Letter from the Commissioners in Scotland, with the following Paper.
"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore. These.
"In our last, we did give your Lordship an Account of the Answer we received from the Parliament of Scotland, and our Desire (if your Lordships thought fit) to receive your Lordship's further Directions thereupon. Now we shall only acquaint your Lordship with our Reply thereunto (a Copy whereof is inclosed); and assure your Lordship of our Readiness to observe all your Lordship's Commands unto,
Edinburgh, 18 (fn. 5) April, 1648.
"Most humble Servants,
Paper from them to the Parliament of Scotland, about their former ones, concerning Satisfaction to the Scots for the Monies due to them;—and insisting on the Delivery of some Delinquents who have taken Refuge in Scotland to them.
"Edinburgh, 18th Day of April, 1648.
"We have received your Lordships Answer of the 12th of this Instant April, wherein we do not find any Thing of those Papers we delivered, in order to the giving Satisfaction unto this Kingdom concerning such Monies as are due to them, and to the Scottch Army in Ireland, from the Kingdom of England, wherein both Houses of the Parliament of England are most willing to do any Thing in their Power for the real Performance of their Engagements. For that which your Lordships mention concerning our Commission and Credential Letters, we must affirm, that, although our Letters of Credence were only directed to the Honourable Parliament of Scotland, yet we did shew unto the Right Honourable the Lord Chancellor, who was sent to us from the Honourable the Committee of Estates, that, by our Instructions, we had Commission and Command to make Address unto that Committee. However, we do gladly take Notice of your Lordships Readiness to continue the good Correspondence betwixt both Kingdoms, and the Declaration of your Resolutions to keep inviolably on your Part the happy Union to which both Kingdoms are solemnly engaged by the Covenant and Treaties. And as we have several Times already, so now again we do, in the Name of both Houses of the Parliament of England, declare, That it is their Resolutions to keep the Union inviolably on their Part; and we shall hope that both Kingdoms (having to their former Engagements added these mutual Declarations of their real Intentions therein) will be careful not to do any Thing which may increase Jealousies, or provoke one another to break the Union, which is so much hoped, desired, and endeavoured, by them that are Enemies to both Kingdoms.
"For those Desires your Lordships mention, given in by your Commissioners to the Parliament of England; we are confident, they will do therein what shall be fit to manifest their Desire of a brotherly Union with the Kingdom of Scotland.
"For the Answer your Lordships were pleased to give to our Demands of Captain Wogan and his Troop, Sir Phillip Musgrave, and Sir Thomas Glemmon; if it were only according to your Lordships Papers, "That, by the Act of Pacification and Oblivion, they were such as were to be referred to their Trial by Law;" yet that (as we conceive) doth imply a Ground and Justification of our Demands; for, they being in this Kingdom, we cannot bring them to Trial, seeing we cannot pursue them hither by Force, until the Parliament or Estates of this Kingdom do deliver them into our Hands; which was the Sum of our Demands: But it is most clear without Dispute (in One of the last Clauses of the said Act), that no Person who shall be censured by the Parliament of England (as these are) should have Shelter or Protection in the Kingdom of Scotland. And if your Lordships had but proceeded at present to such a Resolution, it might possibly have prevented Affronts and Threatenings to us from some Englishmen here, who have been in Arms against the Parliaments of both Kingdoms. However, we do not now intend to trou ble your Lordships with any Thing of our own particular Concernments. We do further desire your Lordships to peruse that Clause in the said Act wherein it is provided, "That, in case any of the Subjects in any of the Kingdoms shall rise in Arms, or make any other of the Kingdoms and Subjects thereof, without Consent of the Parliament of that Kingdom whereof they are Subjects, or upon which they do depend, that they shall be held, reputed, and demanded, as Traitors to the States whereof they are Subjects; and that both the Kingdoms, in that Case, be bound to concur in the repressing of those that shall happen to arise in Arms, or make War, without the Consent of their own Parliament;" from whence we do observe, that, if any of the Subjects of the Kingdom of England be in Arms without the Consent of the Parliament of England, as Captain Wogan and his Troop were, in Cumberland and other Places of England, and Sir Phillip Musgrave, Sir Thomas Glenham, and Colonel George Wray were, having been Commanders in the War against the Parliament of England, and not pardoned by them, although they should not make War against any other of the Kingdoms or Subjects thereof, yet both Kingdoms are bound to suppress them: Upon which and all the abovesaid Grounds, we do insist upon our former Papers, that the aforesaid Persons, being now in this Kingdom, may by your Lordships Power and Authority be delivered to us.
"By Command of the Commissioners of the Parliament of England.
Ordinance to prevent the taking of Free Quarter.
"Whereas it hath been informed, That Free Quarter hath been and is yet taken, in several Places in this Kingdom, contrary to several Ordinances and Declarations of both Houses of Parliament, to the great Dishonour of the Parliament, and grievous Oppression of the Subject: It is therefore Ordered and Ordained, by the Lords and Commons now assembled in Parliament, for the more speedy, easy, and effectual Redress of the same, That the Commissioners named in the last Ordinance of Sixty Thousand Pounds per Mensem, or any Two of them, upon Complaint made against any Officers or Soldiers, for taking Free Quarter, or committing any other Misdemeanor, contrary to the Declarations and Ordinances aforesaid, shall have Power, and are hereby authorized and required, to call any Person or Persons so complained of before them, and such Witnesses as shall be desired to be produced on either Side touching the Premises, and to take their Examinations and Informations upon Oath, and to certify the same to Thomas Lord Fairefax, General of the Army, who is hereby required to give Redress, and to do Justice therein, according to the Ordinances and Declarations of Parliament in that Case made and provided, as also according to the Laws, Articles, and Discipline of War, allowed of and established by Authority of both Houses of Parliament: And it is hereby further Ordained, by the Authority aforesaid, That the said Commissioners, so authorized to examine as aforesaid, shall give Notice to the Chief Officer in Commission then resident in the County where such Offence or Misdemeanor is complained of as aforesaid, of the Time and Place by the said Commissioners appointed for the taking of the said Examinations and Informations as aforesaid; which said Chief Officer in Commission may be present, and assist the said Commissioners in taking the said Examinations and Informations."
Report from the Revenue Committee, concerning the Receivership of Yorkshire.
"At the Committee of Lords and Commons for His Majesty's Revenue, sitting at Westm'r, the Two and Twentieth Day of April, 1648.
"Upon reading of the Order of the House of Lords, of the 18th Current, concerning the Right of John Bland to the Receivership of Yorkesheire; and the Committee did find, That the Members of the Commons House of this Committee could neither debate nor give their Opinions in the Case of the said Bland, by reason of the Votes of the Commons House of the 25th of March last: But the Lords of this Committee were of Opinion, That a Conference should be had, by the Peers House, with the Commons House, touching the said Receiver, and appointing (for the present) One to receive the Rents in Yorkesheire for the Use of the Commonwealth; and that some of their Lordships would acquaint the House of Peers herewith."
Letter from L. Fairfax, for Sir J. Munson to have the Benefit of the Articles for Surrender of Oxford.
"For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore.
"May it please your Lordship,
"Having received this inclosed Certificate from the Committee of Officers in the Army, by which it appears Sir John Mounson (fn. 6) hath not received the intended Benefit of the Articles, according to the Engagement of my Commissioners upon the Surrender of Oxon, in that he was not to pay above Two Years Value for his Estate of Inheritance as it was then, nor the Ordinance of Sequestration itself, [ (fn. 7) but hath] suffered in both, unduly, to his great Prejudice; I cannot but, in Justice to him, a Sense of your Honour, and the Honour of the Army (which are much concerned in making good our Public Faith and Capitulations), (fn. 8) hold myself engaged, according to the Commissioners Opinion, effectually to represent his Condition: And therefore I entreat your Lordship, to represent the State of this Business to the Right Honourable the House of Peers; with my humble and earnest Desire, that, according to the Sense of the Commissioners, who have fully examined it, he may be remitted the Remainder of his Fine yet unpaid, which is about Nine Hundred Pounds: Which we no Ways doubt but the Honourable House will do him Justice in accordingly. I remain
Queen Streete, 5 Aprilis, 1648.
Hodges to be instituted to St. John's;
Ordered, That Doctor Aylett do give Institution and Induction unto Roger Hodges Clerk, Master of Arts, to the Rectory of St. John's, in Com. Suff. void by Death; Salvo Jure cujuscunque: Granted by the Great Seal.
Eastbrooke to Kingston Deverell;
Ordered, That Doctor Aylett give Institution and Induction unto John Eastbrooke Clerk, Master of Arts, to the Rectory of Kingstone Deverell, in the County of Wilts, void by the Death of the last Incumbent; Salvo Jure cujuscunque: Peter Bevis Esquire, Patron.
and Aldus to Freston.
Ordered, That Doctor Bennett give Institution and Induction unto Samuell Aldus Clerk, to the Rectory of Freston, in Com. Suff. void by the Death of Robert Meade Clerk, the last Incumbent; Salvo Jure cujuscunque: Mrs. Alice Burly, Patroness.
PRAYERS, by Mr. Salawey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Sir J. Monson's Fine for his Delinquency to be abated.
Upon reading the Petition of Sir John Monson:
It is Ordered, That the Certificate and Letter from the General be sent down to the House of Commons, with this Sense, "That this House thinks it fit to remit the Remainder of his Fine at Goldsmithes Hall yet unpaid (being about Nine Hundred Pounds, and much less than he might justly expect);" and desire their Concurrence herein.
It is further Ordered, That when his Ordinance comes up from the House of Commons, that it be respited until this House sees him some Way relieved in this his just Desire.
Ordinances agreed to.
The Ordinance for the better raising the Assessment in the City of London, for Maintenance of the Army, was read Twice, and Agreed to, and ordered to be printed and published. (Here enter it.)
The Ordinance for raising of Six Thousand Pounds, for Maintenance of the Four Hundred Soldiers to be added to the Soldiers in The Tower of London, was read Twice, and Agreed to, and ordered to be printed and published. (Here enter it.)
The Ordinance for continuing the Treasurers of the Monies to be raised for the Army, was read, and Agreed to, and ordered to be printed and published. (Here enter it.)
Ordinance for securing and disarming Delinquents, &c.
The Earl of Mulgrave reported from the Committee, the Ordinance for securing of Delinquents, &c. wherein the Committee have made some Alterations, which they offer to the Consideration of this House.
Then the Alterations were read; and then the Ordinance with the Alterations.
And the House was adjourned into a Committee of the whole House, to debate the same.
The House being resumed;
The said Ordinance, with the Alterations, was read the Third Time.
And the Question being put, "Whether to agree to this Ordinance, with these Amendments?"
It was Resolved in the Affirmative.
Ordered, That this Ordinance be sent to the House of Commons, and their Concurrence desired therein, with the said Amendments.
And accordingly it was delivered presently to Dr. Heath and Mr Eltonheade.
Instruction for the Commissioners in Scotland.
Next, the House took into Consideration the additional Instruction to be sent to the Commissioners in Scotland.
And First, the State of the Business brought up from the House [ (fn. 9) of Commons] was read.
Next, the Instruction was read, (fn. 10) and Agreed to. (Here enter them.)
Ordered, That it is referred to the Committee at Derby House, to let the Commissioners in Scotland know, that this is the Report from the Committee at Derby (fn. 9) House, (fn. 11) upon which the Houses passed this Instruction; and that the Committee at Derby House do send this Report to them, that they may make Use of the same, or any Thing else contained in the Covenant, large Treaty, or Declaration, or otherwise, for insisting upon the former Demand.
Kinlochs, a Pass.
Ordered, That Francis Kimloch and Henry Kimloch, and Francis Kimloch Junior, shall have a Pass to go into France.
L. Fairfax to be Constable of The Tower.
An Order was brought in, for making Thomas Lord Fairfax Constable of The Tower, during the Pleasure of both Houses; which was read Twice, and Agreed to, and ordered to be sent to the House of Commons, for their Concurrence.
Sent to the H. C.
And accordingly it was sent presently, by Dr. Heath and Mr. Eltonheade.
Instruction for the Commissioners in Scotland:
"You are to assure the Parliament of Scotland, Convention, or Committee of Estates, or any other Committee as abovesaid, That the March of the said Troop of Captain Wogan's, in a Military Posture, or otherwise, out of this Kingdom, into Scotland, or any other Forces (if any such Thing be), is altogether without the Allowance, Order, or Privity, of the Parliament of England; and therefore you are, in the Name of both Houses of the Parliament of England, to demand from the Parliament of Scotland, that the said Captain Wogan and his Officers that are Englishmen, and also the English Officers of any other Forces that may be passed over out of this Kingdom into Scotland, as also all such Officers and Reformadoes now in Scotland as you shall find to have at any Time served the King against the Parliament, may be all forthwith apprehended, secured, and delivered over to you, to be sent Prisoners into England; and that all the Private Soldiers may be dismounted, disposed, and sent Home; and the Horses and Arms of the said Captain Wogan, and the Officers and Soldiers aforesaid, you shall cause to be sent into (fn. 12) Scotland, for the Service of the Parliament."
Papers between them and the Parliament of Scotland, concerning their Demand of Captain Wogan and his Officers to be given up to them, and Sir Ph. Musgrave, Sir T. Glemham, and others.
"Paper delivered in to the Parliament of Scotland, dated at Edinburgh, 21 Martii, 1647.
"We, the Commissioners of both Houses of the Parliament of England, are commanded to make known to the Parliament of Scotland, That they have Notice from Sir Thomas Fairefax their General, that one Captain Wogan (an Englishman) and his Troop, who, being of the supernumerary Forces, was, by the Resolutions of both Houses of Parliament, and the Order of the General, to be disbanded; but he, refusing so to do, marched, by a counterfeit Pass, from the County of Worcester, in the Kingdom of England, into the North; and that from thence they are come, in a Military Posture, with Arms and Colours, into the Kingdom of Scotland, which was altogether without the Allowance, Order, or Privity, of the Parliament of England; and they are likewise informed, that others, who are principal English Delinquents, and have been in Arms against the Parliament, do harbour in this Kingdom: All which is against the large Treaty betwixt the Kingdoms of England and Scotland, the Act of Pacification and Oblivion passed A° 17° Caroli Regis. The said Captain Wogan being seen in Edinburgh, by several of our Servants, Yesterday and divers Days before, we do, in the Name of both Houses of the Parliament of England, demand of the Parliament of Scotland, that the said Captain Wogan, with his Officers and Soldiers (that are Englishmen), together with their Horses and Arms, be seized, secured, and delivered to us, to be disposed of as both Houses of the Parliament of England have or shall appoint; and we cannot doubt but, upon Discovery of any other English Forces, or any Englishmen who have been Officers or Reformadoes, and served the King against the Parliament, that shall be received or harboured in this Kingdom, you will do the like Justice to the Kingdom of England, upon our demanding of them.
"By Command of the Commissioners of the Parliament of England.
"An Extract of a Paper delivered in to the Parliament of Scotland, by the English Commissioners, dated at Edinburgh, 27 Martii, 1648.
"At this Time we, being required to return an Account to both Houses of the Parliament of England concerning the Business of Captain Wogan and his Troop, must earnestly press your Lordships to give us your Answer to our Paper concerning him of the 21th of this Instant March; wherein we doubt not but your Lordships will comply with the Desires of both Houses, it being conform to, and in Prosecution of, the large Treaty betwixt both Kingdoms, and the Act of Pacification and Oblivion passed by the Parliaments of both Kingdoms.
"By Command of the Commissioners of the Parliament of England.
"Paper delivered in to the Parliament of Scotland, dated Edinburgh, 31 Martii, 1648.
"Whereas both Kingdoms of England and Scotland have passed their Public Faith, in the Act of Pacification and Oblivion of 17° Caroli Regis, to concur in the repressing of those that shall rise in Arms, or make War, in any of the Kingdoms of England, Scotland, or Ireland, without the Consent of the Parliament of that Kingdom to which they do belong; and that such shall be held, reputed, and demanded, as Traitors to the Estates whereof they are Subjects; and that no Person, sentenced by the Parliament of either Nation as Incendiaries betwixt the Nations, shall have Shelter or Protection in any other of His Majesty's Dominions: And whereas, by the said Act, if any Englishman, who hath committed Offences against that Kingdom, shall remove into Scotland, he shall (at the Desire of the Parliament of England) be remanded to abide his Trial in that Kingdom where he committed the Offence: We, having in Charge to demand all Englishmen that we shall discover to be in this Kingdom of Scotland, who have been in Arms against the Parliament and Kingdom of England, and being certainly informed that there is now many such Persons in this City of Edinburgh (Incendiaries betwixt the Nations), and particularly Sir Phillip Musgrave and Sir Thomas Glemmon; we do therefore, in the Name of both Houses of the Parliament of England, demand that the said Sir Phillip Musgrave and Sir Thomas Glemmon be delivered to us, to be disposed of as both Houses of the Parliament of England have or shall appoint; wherein (as also in the Business of Captain Wogan and his Troop, represented to your Lordships in our Papers of the 21th and 27th of this Instant March; who were in Arms in Westmerland and Cumberland, and in some other Parts of the Kingdom of England, and afterwards in this Kingdom, without the Consent of the Parliament of England) the Public Faith of this Kingdom being so deeply engaged, we cannot doubt of a speedy and satisfactory Answer.
"By Command of the Commissioners of the Parliament of England.
"Paper of the Parliament of Scotland, in Answere to the English Commissioners, dated at Edinburgh, 12th April, 1648.
"The Estate of Parliament, haveing perused and considered the severall Papers given in to them and to the Committee of Estates by the Commissioners of both Houses of the Parliament of England since their last comeing to this Kingdome, doe finde, at the Arrivall of the said Commissioners, and upon their First Addresse to the Committee of Estates, although they shew noe Commission, nor had any Credentiall Letters directed to the Committee, yett the Committee of Estates did appoint some of their Number to meete with them, who did accordingly receive from them what they then thought fitt to offer: And when they made their Addresse to the Parliament, the very Dayes wherein their Letters were given to the Lord Chancellor (to whom they sent the same), they were instantly read in Parliament, and a Committee appointed to take in Consideration what is offered by them, that, upon Report thereof, an Answere might be retourned by the Parliament.
"Whereas your Lordships are pleased, in the Name of the Honorable Houses of the Parliament of England, to expresse their Desires to preserve a good Understanding and Brotherly Agreement betwixt the Two Kingdomes; the Estates of Parliament doe retourne this Answere, That, as the Actions of this Kingdome have bin reall Proofes of their Desires and Willingnesse to entertaine a good Correspondence and Amity betwixt the Two Nations, soe they are still resolved to keepe inviolably, on their Part, the happy Union to which both Kingdomes are solemnly engaged by the Covenant and Treatyes: Yet they have thought fitt to lett them knowe, that this Kingdome hath Reason to be very sensible that the necessary and just Desires given in by their Commissioners, by Warrant of the Parliament and their Committees, to the Honorable Houses of the Parliament of England, concerning Religion, the King's Majesty, and Interest of this Kingdome, have had noe sattisfactory Answere as yet.
And for the particular Desires concerning Captaine Wogan and his Troope, alleadged to be in this Kingdome, and demaunded in the Paper of the 21th of March, upon the Act of Pacification and Oblivion in the large Treaty in A° 1641, as Delinquents, and who have bin in Armes against the Parliament of England; and the Paper of the 31th March, demaunding the aforesaid Captain Wogan, Sir Phillip Musgrave, and Sir Thomas Glemmon, to be delivered, upon the same Act of Pacification as those who have risen in Armes and made Warre against the Parliament of England; if your Lordships will be pleased to peruse that Treaty and Act of Pacification to which the Papers given in doe relate, it will clearly appeare, that none can be remaunded or delivered by this Kingdome, but such only of the English Nation who have incensed the King of Scotland against the Kingdome of England; all other Criminalls being referred to the Lawes.
And the Estates of this Kingdome are confident, that your Lordships will not misunderstand the not retourning of an Answere sooner to your Papers and Desires; since the many other pressing and weighty Affaires of this Kingdome, which have still bin before the Parliament since your Comeing, hath bin the only Reason of this Delay.
The Estates of Parliament give Warrant and Commaund to the Committee of Twenty-fower, to deliver to the English Commissioners the Answere this Day past in Parliament, and to appoint some of their Number to meete with the English Commissioners, and to assert the Parliament's Answere; and to report what further the Commissioners of the Honnorable Houses shall offer to the Consideration of the Parliament.
Extracted out of the Records of Parliament, by me Sir Alexander Gibsone, of Dew, Knight, Clerke of His Majesty's Registers, Counsells, and Rolls, under my Signe and Subscription Manuall.
"Alex. Gibson, Cler. Regist."
"A Paper given in to the Parliament of Scotland, by the English Commissioners, dated Edinburgh, 14 April. 1648.
We had Notice from the Honourable the Parliament of Scotland, that we should have an Answer the last Week to the several Papers communicated to them from us; and since that Time, that we should have an Answer in the Beginning of this Week: But we, not receiving any hitherto, think it our Duty, in Businesses wherein we have so strict a Charge, and which do so much concern the Peace of both Kingdoms, to press your Lordships again for a speedy Answer, especially to our Demands of Captain Wogan and his Troop, and Sir Phillip Musgrave and Sir Thomas Glemham; the rather, because we do still observe a great Concourse of English Delinquents to this Kingdom, who are received and harboured here, and amongst them some Papists that have been in Arms, who were all (by former Propositions to the King, agreed to by both Kingdoms) excepted from Pardon; and particularly we know, that one Colonel George Wray, who is a Papist, and was a Colonel in the War against the Parliament, hath been for some Time of late (and we believe now is) in this City of Edinburgh: We do, therefore, upon the Grounds laid down in our former Papers, which we hope do appear very clear to your Lordships, demand of the Parliament of Scotland, in the Name of both Houses of the Parliament of England, that the said Colonel George Wray be likewise delivered to us, to be disposed of as both Houses of the Parliament of England shall direct; and that they may no longer have Shelter and Protection in this Kingdom.
"By Command of the Commissioners of the Parliament of England.
"Whereas, in the Paper given in by the Parliament of Scotland to the Commissioners of the Parliament of England resident there, in Answer to the Paper of the said Commissioners concerning Captain Wogan, of the 21th of March 1647, and 27 and 31 of March, they do affirm, That it will clearly appear, that none can be remanded or delivered by the Kingdom of Scotland, but such only of the English Nation who have incensed the King of Scotland against the Kingdom of England, all other Criminals being referred to the Laws; this Answer refers only to the last Clause of the last Paragraph of the Act of Oblivion, beginning thus, ["And that such of the Scottish Natives"]: We leave it to the Consideration of the House, whether Captain Wogan may not be demanded both by the whole last Paragraph of the Act of Oblivion, beginning ["Forasmuch as the several"], and (fn. 13) continuing to the Beginning of the abovementioned Clause; as also by the Fourth Article of the League and Covenant.
That whereas Sir Thomas Glemham and Sir Phillip Musgrave are demanded by the said Commissioners, by their Paper of the 31th of March, and the said Answer, of the Parliament of Scotland, being of the 12th of April, is the same for these as for Wogan; to offer it also to the Consideration of the House, whether they may not only be demanded from the foresaid Paragraph of the Act of Oblivion, and the said Fourth Article of the said League and Covenant; but further also, forasmuch as they have been in Arms against the Parliament of England, and thereby such Delinquents as for the bringing of whom to condign Punishment both Kingdoms joined in a Declaration, and in this War, as appears in the Declaration of both Kingdoms, in 2 Part of Collect. of Declarations, Page 418. Parag. 5. and 6.
And for that the Army of Scotland lately in England were to have had their Pay out of the Estates of such Delinquents among others, as appears by the Fifth Article of that Treaty concerning the Scottish Army; we humbly propound it to the Consideration of the House, whether the keeping them there, and not remanding them, be not contrary to the said Declaration, in regard they are Natives of this Kingdom, and their Offence here committed, for which they cannot be judged or punished by that Kingdom.
For the Case of Wray, who is a Papist in Arms; although he may much more be demanded upon the same Considerations and Grounds with the former, yet the Answer of the Parliament of Scotland cannot be interpreted to extend to him, in regard the Paper in which he is demanded bears Date the 14th Instant, and the said Answer of the Parliament of Scotland to the Papers of the Commissioners bears Date the 12th of the same Month."
An additional Instruction for Charles Earl of Nottingham, Henry Earl of Stamford, Brian Stapilton, Robert Goodwin, Wm. Ashhurst, and John Birch, Esquires, Commissioners from the Parliament of England to the Parliament of Scotland, or any Two of them.
Additional Instruction for the Commissioners in Scotland.
"Whereas both Houses of the Parliament of England have formerly given you Instructions, to demand from the Parliament of Scotland, that Captain Wogan, and his Officers that are Englishmen, and also the English Officers of any other Forces that may be passed over out of this Kingdom into Scotland, as also all such Officers and Reformadoes now in Scotland as you shall find to have at any Time served the King against the Parliament, may be all forthwith apprehended, secured, and delivered over to you, to be sent Prisoners into England; and that all the Private Soldiers may be dismounted, dispersed, and sent Home:
"And whereas you have, in Pursuance of the said Instruction, demanded Captain Wogan and others, and have received from the Parliament of Scotland a Paper of the 12th of April for an Answer to the said Demand, both which Demand and Paper you have transmitted to the Houses, who have thereupon resolved that the Answer given to you by the Parliament of Scotland of the 12th of April is not satisfactory:
"You are therefore hereby required and authorized, to insist upon your former Demands as to those Persons demanded, notwithstanding the said Answer; and to proceed further, as by your Instructions you are appointed."
(fn. 14) "Two Ordinances of the Lords and Commons assembled in Parliament; One for the raising Six Thousand Pounds, for Payment of the Four Hundred Soldiers added to the Forces already in The Tower of London; the other for the Continuance of the Committee of the Army, and Treasurers at Wars.
Ordinance for raising 6000£. for the additional Forces in The Tower.
"Die Lunæ, 24 April. 1648.
An Ordinance for raising Six Thousand Pounds, for the Four Hundred Soldiers added to the Forces already in The Tower of London.
Whereas both Houses of Parliament have thought fit, and appointed, that Four Hundred Soldiers, with their Officers, should be added to the Forces already in The Tower of London, for the safe Guarding of the City of London from Insurrections and Tumults; which being over and above the established Army, no Provision is made for their Payment, and for the providing of Bedding and other necessary Accommodations for the Use of the Soldiery appointed for the Service there: It is therefore Ordained, by the Lords and Commons in Parliament assembled, That all such Sum and Sums of Money as shall be received by, and come into the Hands of, the Committees of Sequestration, in the City of London and Liberties thereof, City of Westminster, and other Parts within the late Line of Communication, and of the County of Essex, or by their respective Treasurers or Receivers, not exceeding the Sum of Six Thousand Pounds, shall be, and are hereby appointed, immediately after the Receipt thereof, to be paid to the Committee of Lords and Commons for Advance of Money usually sitting at Haberdashers Hall, or to their Treasurer for the Time being, by the Receivers and Collectors thereof, together with all such Sum and Sums of Money as do remain in the Hands of any of the said Sequestrators, Treasurers, or Collectors, or which they are chargeable with or accountable for to the State; which said Six Thousand Pounds is hereby ordered to be disposed and paid, by the said Committee, to Colonel Tichborne, Lieutenant of The Tower of London, for the Payment of the said Forces: And the said Committee of Lords and Commons aforesaid are hereby authorized and appointed to call all and every the Committees, Sequestrators, Treasurers, Collectors, and others employed in the Business of Sequestration in the Places aforesaid, to Accompt, and to require true and perfect Accompts of their Receipts and Payments; and, for the better Discovery of the Truth of such Accompts, to administer an Oath to the said several Committees, Sequestrators, and Receivers, to make just and true Accompts; and that the said Committee shall have full Power to put in effectual Execution all and every the Ordinances, Orders, and Instructions, concerning Sequestrations, and to levy the Penalty upon the Parties liable to the same, in the Limits and Places aforesaid, according to the said Ordinances and Instructions in that Behalf: And the Acquittance or Acquittances of the Treasurer to the said Committee of Lords and Commons shall be a sufficient Discharge to the Collectors and Receivers for Sequestration aforesaid, for such Sum and Sums of Money as they, or any of them, shall pay in Pursuance of this Ordinance; any Ordinances or Orders of Parliament heretofore made to the contrary notwithstanding."
Die Lunæ, 24 April. 1648.
Ordinance to continue the Army Committee, and Treasurers at War.
An Ordinance for the Continuance of the Committee of the Army, and the Treasurers at Wars.
Whereas, by an Ordinance of Parliament of the 15 of March last past, (intituled,) "An Ordinance of the Lords and Commons assembled in Parliament, for raising Monies, to be employed for the Maintenance of the Forces under the Command of Sir Thomas Fairfax Knight," the Monthly Sum of Sixty Thousand Pounds is to be assessed, levied, and paid, in the respective Counties, Cities and Places therein mentioned, within the Kingdom of England and Dominion of Wales, to continue for Six Months, from the 25 Day of March now last past, until the 29 Day of September next following; but no Persons are nominated and appointed by the said Ordinance to receive and issue the said Monies: To the End, therefore, that the Monies appointed to be taxed and levied by the said Ordinance of Parliament may be more orderly received and issued out, the Lords and Commons in Parliament assembled have ordained, and be it Ordained by Authority of Parliament, That the Committee of Lords and Commons, and Treasurers at Wars, named, instituted, and appointed, in and by an Ordinance of Parliament of the 23 of September, 1647, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for Members of both Houses to be a Committee for the Army for the disposing of the Sixty Thousand Pounds a Month," and the Powers and Authorities thereby given and appointed to the said Committee, Treasurers, and Persons, jointly or severally, or to any of them named and mentioned in the said Ordi nance, shall be continued, and in full Force, Strength, and Efficacy, for the more orderly taxing, receiving, and issuing out, the Money raised, and to be raised, by virtue of the said Ordinance of the 15 of March last, as fully and (fn. 15) amply, to all Intents and Purposes, as is expressed in the said Ordinance of the 23 of September last, or in any other the Ordinances of Parliament therein mentioned and expressed; and the said Treasurers at Wars shall have and be allowed all such Pay and Allowances as are mentioned, expressed, or declared, in the said Ordinance of the 23 of September last, and shall pay and issue out all the Monies to be received by them upon the said Ordinance of the 15 of March last, and all other Monies to be received by them as Treasurers at Wars, according to such Rules and Directions as are set down and mentioned in the said Ordinance of the 23 of September last, and no otherwise, nor to any other Uses, Intents, or Purposes whatsoever:
"And be it further Ordained, by the Authority aforesaid, That the Committee and Treasurers aforesaid do make due Allowance and Payment of all Free Quarter taken, or to be taken, from the said 25 of March last, by any the Forces mentioned in the said Ordinance of the 15 of March last, or any of them, according to the Propositions in that Behalf appointed; and to put in Execution the Instructions, Rules, and Directions, made and ordained in that Behalf by both Houses of Parliament, the 16 of May, 1645.
"Die Lunæ, 24 April. 1648.
Ordered, by the Lords assembled in Parliament, That these Two Ordinances be forthwith printed and published.
(fn. 16) "Die Lunæ, 24 April. 1648.
An Ordinance of the Lords and Commons assembled in Parliament, for the bringing in the Arrears of the Assessments for the Army, within the City of London and Liberties thereof, with the Names of the Persons in each Ward appointed for executing the same.
Ordinance for bringing in the Arrears of the Assessments in London for the Army.
"Whereas, by an Ordinance of Parliament, of the Fifteenth of February, 1644, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for raising and maintaining of Forces, for the Defence of the Kingdom, under the Command of the Lord Fairfax," by the Name of Sir Thomas Fairfax Knight, a Monthly Assessment, to continue for Ten Months, from the First of February, 1644, to the First of December then next following, was ordained to be taxed and levied upon the City of London, and other Places and Counties in the said Ordinance mentioned; and, by another Ordinance of Parliament, dated the Thirteenth Day of August, 1645, the said Monthly Assessment, for Maintenance of the said Army, was ordained and appointed to continue and endure for Six Months longer, from the said First Day of December, 1645, unto the First Day of June then next following; and whereas, by an Ordinance of Parliament, dated the Sixteenth Day of April, 1646, the said Ordinance of the Fifteenth of February, 1644, with all the Taxes and Payments therein mentioned, were to continue for Four Months longer, from the said First of June, 1646, until the First of October following; and whereas also, by another Ordinance of Parliament, of the Three and Twentieth Day of June last, 1647, several Sums of Money were to be taxed, levied, and paid, for Maintenance of the said Army, by a Monthly Assessment, to continue for Twelve Months, from the Five and Twentieth Day of March, 1647, to the Five and Twentieth Day of March, 1648; and whereas, by an Ordinance of Parliament of the Fifteenth of March last, 1647, the like Sums of Money upon the said City are to be taxed, levied, and paid, for Maintenance of the said Army, by a Monthly Assessment, to continue for Six Months longer, from the Five and Twentieth of March last, to the Nine and Twentieth of September now next ensuing, as by the said several Ordinances may appear: And whereas many great and considerable Sums of Money remain in Arrear, and yet unpaid, upon the said several Ordinances, within the said City of London and Liberties thereof, to the Discouragement of those that have willingly paid their Proportion, very evil Example of others, and great Hinderance of Payment of the Army; and to the End the said Arrears may be speedily gotten in, and all Obstructions that hinder the coming in thereof be removed: It is Ordained by the Lords and Commons in Parliament assembled, and be it Ordained by the Authority thereof, That the several Persons hereafter named shall be, and are hereby, appointed Commissioners for the said several Taxes and Assessments in the said City, and in the several Wards and Liberties in and belonging to the said City respectively, to put the said several Ordinances in Execution; and have Power, and are hereby authorized, to execute and perform all and every the Powers and Authorities comprized in the said Ordinances, or in any the Ordinances mentioned in the said last recited Ordinance of the Fifteenth of March last, or every of them, in as full and ample Manner, to all Intents and Purposes, as any the Committees or Commissioners in the said Ordinance named, or any of them, might or could do or perform the same:
"Die Lunæ, 24 April. 1648.
"Ordered, by the Lords assembled in Parliament, That this Ordinance be forthwith printed and published.