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 Mercurii, 11 die Octobris.
Comes Manchester, Speaker.
Col. Sydney to be Lieutenant of Dover.
Mrs. Secker and Capt. Swaine.
Upon reading the Petition of Mary Secker; complaining, "That Captain Francis Swayne became bound to her, in a Bond of One Hundred and Twenty Pounds, for the Payment of Sixty Pounds, for Maintenance of Five Orphans, and refuses to pay her; making Use of the Protection of this House, granted unto him 13 March, 1646:"
It is Ordered, That if the said Captain Swayne shall not, within Three Weeks after Notice given him, give a satisfactory Answer to this House, then this House will revoke his said Protection, as to this Business.
Scott & Uxor.
Letter, &c. from the Commissioners with the King.
Message to the H. C. with Col. Sidney's Ordinance.
Ly. Lauderdale, a Pass.
Ld. Howard of Charlton, to come Home.
Cooper, a Pass.
Letter and Narrative concerning Tattershall Castle.
And it is Ordered, That the said De Luke shall put the said Narrative into Writing, and present the same to this House To-morrow Morning; and that there be a Conference with the House of Commons, to desire them to revoke their Order; and that an Ordinance be offered to the House of Commons, for exempting the Houses of Peers that sit in Parliament from being made Garrisons without (fn. 1) their Consent.
Toll's Ordinance to be Comptroller of Lynn.
Ld. North, Leave to be absent.
Letter from the Commissioners with the King; with the following Papers about the Treaty.
"We herewith present your Lordship with an Account of our Proceedings upon the Propositions concerning the Church and the Militia; and for the Particulars, we refer to the Papers inclosed. We have this Evening delivered His Majesty a Paper, upon the Propositions concerning Ireland. We remain
(fn. 2) The King's First Paper, in Answer to the Propositions for the Church.
"In Answer to your Paper of the 25th of September, 1648, wherein you desire His Majesty's Royal Assent to the Propositions, Bills, and Ordinances, therein mentioned, concerning the Church; His Majesty will consent, that the Calling and Sitting of the Assembly of Divines at Westminster be confirmed for Three Years, by Act of Parliament.
"Provided, That His Majesty and those of His Judgement, or any others who cannot in Conscience submit thereunto, be not in the mean Time obliged to comply with the said Government or Form of Worship; but have free Practice of their own Profession; and that a free Consultation and Debate be had with the Assembly of Divines at Westminster in the mean Time (Twenty of His Majesty's Nomination being added unto them), whereby it may be determined, by His Majesty and His Two Houses of Parliament, how the said Church Government and Form of Public Worship after the said Time may be settled, or sooner if Differences may be agreed; and how also Reformation of Religion may be settled, within the Kingdoms of England and Ireland and Dominion of Wales; and the Articles of Christian Religion now delivered to Him may in like Manner be then considered of and determined, and Care taken for the Ease of tender Consciences.
"And concerning the Bishops Lands and Revenues; His Majesty, considering that, during these troublesome Times, divers of His Subjects have made Contracts and Purchases, and divers others have disbursed great Sums of Money, upon Security and Engagement of those Lands; His Majesty, for their Satisfaction, will consent to an Act or Acts of Parliament, whereby legal Estates for Lives or Years (at their Choice) not exceeding Ninety-nine Years, shall be made of those Lands, towards the Satisfaction of the said Purchasers, Contractors, and others to whom they are engaged, at the old Rents, or some other moderate Rents, whereby they may receive Satisfaction.
"Provided, That the Propriety and Inheritance of those Lands may still remain and continue to the Church and Churchmen respectively, according to the pious Intentions of the Donors and Founders thereof; and the Rents that shall be reserved to be for their Maintenance.
"His Majesty will give His Royal Assent to an Act for the better Observation of the Lord's-day, for suppressing of Innovations in Churches and Chapels in and about the Worship of God, and for the better Advancement of the Preaching of God's Holy Word in all Parts of this Kingdom; and to an Act against enjoying Pluralities of Benefices by Spiritual Persons, and Non-residency; and to an Act for regulating and reforming both Universities, and the Colleges of Westminster, Winchester, and Eaton.
"But as to the Covenant, His Majesty is not yet therein satisfied, that He can either sign or swear it, or consent to impose it on the Consciences of others; nor does conceive it proper or useful at this Time to be insisted on.
* * The Commissioners Paper concerning the Declaration of both Houses.
"We do humbly certify Your Majesty, That we have received from the Lords and Commons assembled in Parliament their Declaration, that nothing that shall be put in Writing, concerning any Proposition, or Part of a Proposition, shall be binding, prejudicial, or in any Manner made Use of, if the Treaty break off upon any other Proposition, or Part of any Proposition, unless it shall be otherwise especially agreed.
* * The Commissioners Reply to the King's First Answer to the Propositions concerning the Church.
"We have considered of Your Majesty's Paper given in to us this Morning, in Answer to ours of the 25th Instant, presented unto You, concerning the Church; and do find in it many Omissions, and some Denials, of several Particulars which we there have humbly desired; as namely these:
"2. You express not Your Consent, according as it is desired, that the Ordinance for abolishing of Archbishops and Bishops, within the Kingdom of England and Dominion of Wales, and settling their Lands and Possessions upon Trustees for the Use of the Commonwealth, and the other Ordinance for the appointing the Sale of their Lands to the same Use, be confirmed by Act of Parliament: But You are pleased only to offer, that, by Act of Parliament, Estates be granted for Lives or Years, at the old Rents or some other moderate Rents, or that You will propound and consent to some other Way, for the Satisfaction of Purchasers and others that have lent Monies on those Lands; provided that the Propriety and Inheritance may still remain to the Church and Churchmen, and the Rents be reserved for their Maintenance; which, Your Majesty will give us Leave to say, is not an Answer to our Proposition.
"3. Whereas it is desired Your Majesty will confirm, by Act of Parliament, the Ordinance for the Calling and Sitting of the Assembly of Divines, by which they were to meet, and did meet, the First of July, 1643, and are to be dissolved in such Manner as by both Houses of Parliament should be directed; Your Majesty is pleased to grant the Confirmation of it but for Three Years, they having sat above Five Years already.
"4. Whereas we pray, that Reformation of Religion, according to the Covenant, be settled, in England, Ireland, and Wales, in such Manner as both Houses have agreed or shall agree upon, after Consultation had with the Assembly of Divines, particularly that the Directory be confirmed by Act of Parliament, together with the Ordinances of the 3d of January, 1644, and the 23th of August, 1645, concerning the taking away of the Book of Common Prayer, and putting the Directory in Execution; Your Majesty doth not say You will confirm those Ordinances, which is our humble Desire; only that the Directory shall be confirmed for Three Years, and, for aught appears, the Book of Common Prayer is still to be continued. Besides, we make it our humble Proposition, that the Form of Church Government, the Articles of Religion, and the Ordinances for better Observation of the Lord's-day, be confirmed by Act of Parliament: Your Majesty only offers to confirm the Church Government for Three Years, with a Proviso that Your Majesty, and all of Your Judgement, and all others who cannot in Conscience submit thereunto, shall not be obliged to comply either with the Government or Form of Worship, but to practise Your own and their Profession; and that a Consultation in the mean Time may be had with the Assembly of Divines (Twenty being added of Your Majesty's Nomination), for the determining how Church Government and the Form (fn. 3) of Worship may be agreed, after the said Time or sooner, and how Reformation of Religion may be settled; and that then the Articles of Religion may be considered and determined, and Care taken for tender Consciences: All which (we crave Leave to say) is very differing from what we have desired. And whereas Your Majesty saith, That You will give Your Royal Assent to an Act for the better Observation of the Lord's-day, we desire to know if Your Majesty intends the Confirming of the Ordinance then presented; which is our humble Desire.
"5. Whereas it is desired, that Your Majesty will give Your Royal Assent to the Bill for suppressing Innovations in Churches, &c. and the Bills against Pluralities, &c.: Your Majesty saying, "You will assent to an Act for the one, and for the other"; we likewise desire to know, if you mean the passing of those Bills already presented unto You.
"6. We humbly desire, that, in an Act to prevent the Practices of Papists, &c. there may be a stricter Course taken to prevent the saying or hearing of Mass in the Court, or any other Part of this Kingdom, or the Kingdom of Ireland; but in this Your Majesty hath not fully expressed Yourself: Therefore we humbly pray Your farther Answer to it.
"7. Whereas we beseech Your Majesty to sign and swear the Covenant, and to pass Acts for enjoining the taking thereof by all the Subjects of England and Ireland; and that the Ordinances for the Manner of taking the same, with such Penalties as shall be agreed upon by both Houses, may be confirmed by Act of Parliament; Your Majesty is pleased to say, You are not yet therein satisfied, nor can either sign or swear it Yourself, or consent to impose it on others; and that you conceive it not proper to be insisted on at this Time: Which we beg Your Pardon to say, is directly contrary to the humble Desires of the Two Houses of Parliament.
"All these Things considered, and what other Defects may be in Your Majesty's Answer to our Paper formerly mentioned and presented unto You, make us now humbly pray Your Majesty to resume the Consideration of those our Desires, and graciously to afford us Your most full and satisfactory Answer.
* * The Commissioners Paper, signifying the Order of both Houses, in reference to the Manner of Treating.
"We are commanded, by the Houses, to acquaint Your Majesty, That they have fully approved the Proceedings of their Commissioners, in refusing (fn. 4) (since sent by Your Majesty to the Houses), and have declared it contrary to our Instructions, and no Ways satisfactory.
"They have further appointed us to continue in proceeding, according to our Instructions, to press Your Majesty for Your Answer to the Propositions, as we are by them directed; the Houses being resolved to proceed that Way, and not otherwise.
* * The Commissioners Paper, pressing for an Answer to the Propositions of the Church.
"Having presented unto Your Majesty a Paper containing the Propositions for the Church upon the 25th of September, and seconded it with another Paper of the 29th, praying Your Answer, which we received upon the 30th, but with many Alterations, Omissions, and some Denial in the Particulars of our Desire, as we have severally expressed them in a Paper given in the same Day; and since that, having spent several Days in Debate and Conference with Your Majesty upon the Scruples and Doubts which You were pleased to say did remain with You concerning those Particulars, wherein we endeavoured to make appear the Reasonableness of our Desire, and we hope have given Your Majesty Satisfaction; we (considering so much of our limited Time to be already past, and so little Progress made in this great Business, upon which so much depends) do most humbly beseech Your Majesty to give Your full Answer to the Desires of Your Two Houses concerning the Church, set down in our said Paper of the 25th of September.
* * The King's Second Answer, touching the Church.
"For a further and final Answer to you, as to your Second Proposition concerning the Church, and to your Paper of the 30th of September, wherein you alledge there are many Omissions, Alterations, and some Denial of several Particulars in His Majesty's former Answer; His Majesty saith as followeth:
"1. As to the Exceptions, that His Majesty said nothing to the consenting to the Bill for the utter abolishing of Archbishops, Bishops, &c. nor that the Ordinance for abolishing them be confirmed by Act of Parliament; His Majesty saith, That, in His former Answer, He did consent to confirm for Three Years, by Act of Parliament, the Form of Church Government and Directory for Worship which you presented to Him; and thereby hath established the actual Possession and public Exercise of those Forms, and hath suspended the present Government and Form of Worship established by Law; but desired a Consultation with Divines in the mean Time, for a future Settlement, as in that Paper is expressed: Yet, finding by your said Paper of the 30th of September that not to be satisfactory, His Majesty with all Clearness will acquaint you what was His Aim therein. His Majesty therefore declares, That the Reason why He did not answer to that Part of your Proposition in Terms as it is proposed was, because He was not satisfied in His Conscience He can consent to the utter abolishing of Episcopacy, the Substance whereof He conceives to consist in the Power of Ordination and Jurisdiction, as they were exercised by the Apostles themselves and others by Authority derived from them, superior to Presbyters and Deacons, in the Primitive Times: But, because He acknowledgeth that Bishops were to have Counsel and Assistance of Presbyters in Ordination and Jurisdiction, and in the last were and are limitable by the Civil Power, His Ma jesty desired the Consultation with the Divines, to the End that He and His Two Houses might determine in what Manner Ordination and Jurisdiction might be moderated and regulated, for the future Government of the Church; His Majesty's Resolution being, to comply with His Two Houses, for the Alteration and Regulating of this present Hierarchy and Government; so as Episcopacy, reduced to the primitive Usage, may be settled and continued in this Church: And therefore His Majesty heartily desires their Concurrence in the one, that he may with more Freedom give his Assent to the other: And, if His Two Houses shall so advise, His Majesty will consent to lessen the Extent, and multiply the Number, of (fn. 5) Dioceses. And in other Particulars of like Nature, which upon further Consideration may arise, and cannot now be particularly declared or foreseen, His Majesty will evidence, His only Care is for the orderly Government of the Church and the Edifying of His People.
"2. As to the Exception, that His Majesty hath not expressed His Consent for settling the Bishops Lands upon Trustees, and for the Sale of those Lands; it is true, He hath not, to alienate the Inheritance of those Lands: And herein, He believes, He hath the concurrent Opinions of many Divines, that in other Points differ much among themselves. But His former Answer containing a large Offer of Satisfaction to all those that have purchased or disbursed Monies upon those Lands, He hopes that Answer (to which He now refers) will be satisfactory to His Two Houses.
"3. As to that Part of the Proposition for the Calling and Sitting of the Assembly of Divines; His Majesty saith, That He will, by Act of Parliament, confirm the Calling and Sitting of the said Assembly, from the 1 of July, 1643; and that they shall have such Powers as are mentioned in the said Ordinance; and that they shall continue their Meeting and Sitting, and be dissolved, in such Manner as both Houses of Parliament shall direct.
"4. His Majesty will confirm the Public Use of the Directory in all Churches and Chapels, as is desired in your Proposition; and will consent to the Repeal of so much of all Statutes as only concern the Book of Common Prayer, and also to the taking the same away out of all Churches and Chapels; provided that the Use thereof may be continued in His Majesty's Chapel, for Himself and His Household: And likewise consent that the Form of Church Government presented to Him be confirmed by Act of Parliament for Three Years; providing only, that a Consultation in the mean Time be had, with the Assembly of Divines, in such Manner, and for the Purposes, as are in His former Answer expressed. Touching the Articles of Religion, His Majesty professeth, He hath not had Time, since they were delivered unto Him, to look into them with that Deliberation as is requisite, before He bind up Himself and His Subjects in Matters of Faith and Doctrine; and therefore desires that Part of your Proposition may be respited by His Two Houses.
"5. And whereas you desire to know whether His Majesty, by saying (in His Paper of the 30th of September) "That He will give His Royal Assent to an Act for the better Observation of the Lord's-day," intends the confirming of the Ordinance presented unto Him; His Majesty thereunto answers, That the Bill for the suppressing of Innovations, to which you desire His Consent (which He is willing to give), contains in it full Provision for the due Observation of the Lord's-day.
"And, if that be not thought sufficient, His Majesty will consent to pass an Act, to confirm the Matter of the Ordinance, for so much as concerns the Observation of that Day: But as for the Ordinance itself, and the other Ordinances before-mentioned, which have been long since drawn, His Majesty hopes they will not be insisted on to be confirmed in Terminis as they are penned; because there are divers necessary Alterations to be made in most of them, in respect of something happened since their first Framing, and Expressions therein that reflect on former established Laws, and other Matters not necessary to the Alteration desired. But, if new Acts be drawn according to His Consent herein expressed, He will confirm them.
"6. His Majesty conceived He had given a full Answer to your Desire, that there might be a stricter Course taken to prevent the saying or hearing of Mass in the Court, or in any other Part of this Kingdom, or the Kingdom of Ireland.
"It is well known of what Profession His Royal Consort is, and what Provision is made by the Two Crowns, in the Articles of Marriage, for Her Exercise thereof: But whatever Particulars shall be proposed to Him for restraining it in the Places aforesaid, and limiting it to Her Majesty and Her own Family (wherein are but very few English, and not many French of Her Profession), His Majesty never did, nor will, deny His Consent thereunto.
"7. Lastly, Concerning the Covenant, and the Ordinance concerning the same, His Majesty's Answer being, "That He was not yet satisfied to take it, or impose it on others;" He conceives His Two Houses will not insist upon it at this Time, and the rather, because the Ends thereof will be obtained by this Agreement, if happily concluded. Which God grant.
* * The Commissioners Paper, upon the King's Second Answer to the Propositions, touching the Church.
"Your Majesty having delivered in a Paper of this present 9th of October, as Your further and final Answer to us as to the Second Proposition concerning the Church; we shall transmit the same to both Houses of Parliament, with the other Proceedings passed in Writing on that Second Proposition; and go on in the Treaty according to our Instructions.
* * Propositions concerning the Militia.
"That the Lords and Commons in the Parliament of England assembled shall, during the Space of Twenty Years, from the First of July, 1646, arm, train, and discipline, or cause to be armed, trained, and disciplined, all the Forces of the Kingdom of England and Ireland, and Dominion of Wales, the Isles of Guernsey and Jersey, and the Town of Berwicke upon Tweed, already raised, both for Sea and Land Service; and shall from Time to Time, during the said Space of Twenty Years, raise, levy, arm, train, and discipline, or cause to raised, levied, armed, trained, and disciplined, any other Forces, for Land and for Sea Service, in the Kingdoms, Dominions, and Places aforesaid, as in their Judgements they shall from Time to Time, during the said Space of Twenty Years, think fit and appoint; and that neither the King, His Heirs or Successors, nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons, shall, during the said Space of Twenty Years, exercise any of the Powers aforesaid.
"That Monies be raised and levied, for the Maintenance and Use of the said Forces for Land Service, and of the Navy and Forces for Sea Service, in such Sort, and by such Ways and Means, as the said Lords and Commons shall from Time to Time, during the said Space of Twenty Years, think fit and appoint, and not otherwise; that all the said Forces, both for Land and Sea Service, so raised or levied, or to be raised or levied, and also the Admiralty and Navy, shall from Time to Time, during the said Space of Twenty Years, be employed, managed, ordered, and disposed, by the said Lords and Commons, in such Sort, and by such Ways and Means, as they shall think fit and appoint, and not otherwise.
"1. To suppress all Forces raised, or to be raised, without Authority and Consent of the said Lords and Commons, to the Disturbance of the Public Peace of the Kingdoms of England and Ireland, and Dominion of Wales, the Isles of Guernsey and Jersey, and the Town of Berwicke upon Tweed, or any of them.
"2. To suppress any Foreign Forces, who shall invade, or endeavour to invade, the Kingdoms of England and Ireland, Dominion of Wales, the Isles of Guernsey and Jersey, and the Town of Berwicke upon Tweed, or any of them.
"And that, after the Expiration of the said Twenty Years, neither the King, His Heirs or Successors, or any Person or Persons by Colour or Pretence of any Commission, Power, Deputation, or Authority, to be derived from the King, His Heirs or Successors, or any of them, shall raise, arm, train, discipline, employ, order, manage, disband, or dispose, any of the Forces, by Sea or Land, of the Kingdoms of England and Ireland, the Dominion of Wales, Isles of Guernsey and Jersey, the Town of Berwick upon Tweede, nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said Space of Twenty Years in the said Lords and Commons, nor do any Act or Thing concerning the Execution of the said Powers or Authorities, or any of them, without the Consent of the said Lords and Commons first had and obtained: That, after the Expiration of the said Twenty Years, in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned, and shall thereupon pass any Bill or Bills for the raising, arming, training, disciplining, employing, managing, ordering, or disposing of the Forces, by Sea and Land, of the Kingdoms of England and Ireland, the Dominion of Wales, the Isles of Guernsey and Jersey, and the Town of Berwicke upon Tweed, or of any Part of the said Forces, or concerning the Admiralty and Navy, or concerning the levying of Monies for the Raising, Maintenance, or Use, of the said Forces for Land Service, or for the Navy and Forces for Sea Service, or of any Part of them; and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such Time after the Passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient; that then such Bill or Bills so passed by the said Lords and Commons as aforesaid, and to which the Royal Assent shall not be given as is herein before expressed, shall nevertheless, after Declaration of the said Lords and Commons made in that Behalf, have the Force and Strength of an Act of Parliament, and shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto.
"Provided, That nothing herein before contained shall extend to the taking away of the ordinary legal Power of Sheriffs, Justices of Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, or other Officers of Justice not being Military Officers, concerning the Administration of Justice; so as neither the said Sheriffs, Justices of Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, and other Officers, nor any of them, do levy, conduct, employ, or command, any Forces whatsoever, by Colour or Pretence of any Commission of Array, or extraordinary Command from His Majesty, His Heirs or Successors, without the Consent of the said Lords and Commons.
"And if any Persons shall be gathered and assembled together, in warlike Manner or otherwise, to the Number of Thirty Persons, and shall not forthwith disband themselves, being required thereto by the said Lords and Commons, or Command from them, or any by them especially authorized for that Purpose; then such Person or Persons, not so disbanding themselves, shall be guilty and incur the Pains of High Treason, being first declared guilty of such Offence by the said Lords and Commons; any Commission under the Great Seal, or other Warrant to the contrary, notwithstanding: And he or they that shall offend herein to be incapable of any Pardon, from His Majesty, His Heirs or Successors; and their Estates shall be disposed as the said Lords and Commons shall think fit, and not otherwise.
"Provided, That the City of London shall have and enjoy all their Rights, Liberties, and Franchises, Customs, and Usages, in the raising and employing the Forces of that City, for the Defence thereof, in as full and ample Manner to all Intents and Purposes as they have or might have used or enjoyed the same at any Time before the making of the said Act or Proposition; to the End that City may be fully assured, it is not the Intention of the Parliament to take from them any Privileges or Immunities, in raising or disposing of their Forces, which they have or might have used or enjoyed heretofore.
"That the Militia of the City of London and Liberties thereof may be in the Ordering and Government of the Lord Mayor, Aldermen, and Commons, in Common Council assembled, or such as they shall from Time to Time appoint, whereof the Lord Mayor and Sheriffs for the Time being to be Three; to be employed, and directed, from Time to Time, in such Manner as shall be agreed on and appointed by both Houses of Parliament.
"That no Citizen of the City of London, nor any the Forces of the said City, shall be drawn forth, or compelled to go out of the said City, or Liberties thereof, for Military Service, without their own free Consent.
** The King's Answer to the Propositions concerning the Militia.
* * The Commissioners Paper upon the Receipt of his Majesty's Answer to the Proposition of the Militia.
"Your Majesty having delivered in a Paper of this present Ninth of October, containing Your Answer to the Third Proposition concerning the Militia; we shall transmit the same to both Houses of Parliament; and go on in the Treaty, according to our Instructions.
Letter from the Committee at Lincoln, that Col. Fiennes had acted at Tattershall Castle, by Order from them and the H. C.
"We, being this Day acquainted with Two several Orders of the Right Honourable the House of Peers, dated the 7th and 18th of August past, requiring the Gentleman Usher attending that House, or his Deputy, to attach the Body of Francis Olinton alias Fynes, Governor of Tattershall Castle, in this County, for his supposed Contempt of an Order of that House, dated the Third of July last, commanding him to deliver up the Possession of the said Castle to the Earl of Lincolne, or his Assigns, conceive ourselves obliged to present your Lordship herewith, for Satisfaction of that Honourable House, to whom we humbly desire it may be communicated.
"My Lord, We having received the Commands of the House of Commons, intimated by Letter, dated the 8th of May last, to secure all Places of Strength in our County from Surprizal by the Enemy, and having certain Intelligence of the Intention of that Party to possess themselves of Tattershall Castle, we at that Time desired Mr. Fines to take the Care of that Place, to secure which, we raised Fifty Men, under his Command; since which Time the House of Commons, by their Order of the First of August past, have referred it to Colonel Rosseter and ourselves, to take Care that Castle should be continued in the Hands of Mr. Fines, and not be otherwise disposed without the Consent of that House; according to which Order, (fn. 6) we enjoined the said Mr. Fines to continue the Possession thereof, being indeed truly sensible of the Necessity thereof at that Time. In Pursuance of which Order and Directions, the Possession of the Castle was continued, and not in any Contempt to the Authority of that Honourable House, or any Order from them. We therefore humbly crave your Lordship's Favour, that the Business may be communicated to the House, as hereby represented: Upon which, we presume, Mr. Fines may justly be excused from his Attendance, having acted nothing without Order and Authority. And we do assure your Honour, that, upon the Agreement of both Houses, and their joint Order therein, that Place shall be left to the free Disposal of the said Earl. In the Interim, humbly crave your Honour's favourable Construction of our Actions herein, being under such contradictory Commands. My Lord, we are
Lincolne, Ult. Sept. 1648.
De Luke's Affidavit, that the Governor of Tattershall Castle refused to give it up; and that he escaped from him after he had served him with the Warrant to attend this House.
"The said Robert De Luke saith, That he shewed, on Michaelmas Day at Night, unto the said Governor of Tottershall Castle, an Order of this House, dated the 3d July, 1648, and asked him, "If that he was ever served with it?" The Governor answered, "That he was served with it." Then the said De Luke served him with a Second Order, bearing Date the 7th of August, 1648; and told him, "That the House of Peers was much offended because he would not obey their Order." When he had read the Orders, he desired me to leave them with him till the next Morning; and then he would give me an Answer. I told him, "I could not leave them with him; and that I must have my present Answer, whether he would deliver the Castle to the Possession of the Earl of Lincolne, or no?" "He said, He would not." Then I told him, "I had a Third Order about it." He desired to see it. I then did shew it to him, that he was then a Prisoner to the Black Rod. Then he engaged himself to me till the next Day. Then the Committee sat betimes in the Morning; and they then sent for me to come to them about Eleven of the Clock, and desired to see my Orders. I did shew my Orders to them. Then they said, "That they would send for me in the Afternoon." And towards Night the Committee sat again, at the Sign of The Antilope, in Lincolne. I was called in to them. They had written a Letter to send to this Honourable House, and would have read the Order to me from the House of Commons of the First of August; and they told me, "That I should bring their Letter with me to your Lordships." I answered them, "I was not sent to dispute their Ordinance with them, nor yet to carry their Letter; but sent to have the Castle delivered for the Earl of Lincolne." They then demanded of me, "Whom the Earl assigned to take Possession?" I answered them, "To his Servant Mr. Clarke. "They told me, "They would not deliver the Castle." Then I answered them, "I must have my Prisoner, the Governor, with me." Some of the said Committee then said, "That is more than they could tell;" and told me, "They would think further of it;" bid me withdraw, and said, "They would send for me in again;" but they did not: And when they were all almost gone, the Governor and myself went together. He promised to meet me the next Day, it being Sunday. I watched him to his Lodging, the next Day to Church; and when the Sermon was done, the Governor was walking in the Minister. I repaired to the Judges House, and, before the Judges, charged the Sheriffs to assist me. The Sheriffs went with me to the High Sheriff's House; and the High Sheriff sent One of the Bailiffs, whose Name he called Spooner, and bid him "go to Mr. Fines, and will him to come to him, the Messenger is here." Spooner returned, and said he could not find him; but Mr. Fines the said De Luke could not see any more till I came to the Castle, though I watched most Part of the Night. The next Day I repaired again to the High Sheriff; he told me, "That he thought he should be troubled to go with me to Tottershall;" and he shewed me the Order of the House of Commons. I answered the High Sheriff, "That, if the Governor would not obey the Order to deliver the Castle, he will make a Contempt, and must go with me to answer the Lords." The next Morning I repaired again to the High Sheriff's, before the Judges went out of Town; and then I had Order to his Under-sheriff to write a Letter to the Governor; the said High Sheriff told me, "That he dared not to do any Thing, because of the Order from the House of Commons; and that he could not raise Ten Musketeers." I repaired to Tottershall, to the Governor, with the Sheriff's Letter. The Governor, before all his Soldiers, demanded my Authority; I shewed it to him. Then he did read his Commissions, Two from Colonel Rossiter, and One other; and then he said to me, "Here is another, and this I serve you with; and I desire you to take Notice of it." He read it to me, "and it was the Order of the House of Commons, and by that Authority would keep the Castle; and if High Sheriffs did come to take Castles, their Order was to slay them." I told him, "That if Spooner the Bailiff had not played the Knave with me, he had not now been in the Castle." He replied to me, "That Spooner was an honest Fellow; for, said he, I must confess that he was with me, and it was well; for you might have made a Combustion in the Town, but never could have brought me away, do what you could; there is neither Works or a Gun in the Castle." The Governor told me, "That he could raise the whole Country, when some Lords could not raise Three Men." There are Scottch Prisoners in the Castle, that in the Day goes abroad to work, and at Night returns. The Governor likewise told me, "He would obey his Parchment Commissions before my Paper Orders."