Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 31 die Martii.
Comes (fn. 1) Nottingham.
L. Viscount Say & Seale.
Propositions from the Swedish Minister.
The Papers were read, which came from the House of Commons, concerning the Propositions of the Com missioners of the Crown of Sweden; and the Letter in Answer to the said Propositions. (Here enter them.)
Letter to be sent to Sweden, in Answer to them.
And the Lord Wharton is appointed to acquaint the Scotts Commissioners with it, and desire from this (fn. 2) House that they will sign it.
Message to the H. C. for it to be signed by both Speakers.
To let them know, that this House agrees to the Letter which is to be sent to the Crown of Sweden; and that their Lordships do think it fit it be signed by the Speakers of both Houses, and the Scotts Commissioners.
Clause in Sir T. Fairfax's Ordinance, concerning the King's Person.
The House took into Consideration the additional Clause in the Ordinance concerning additional Power to Sir Thomas Fairefaxe, concerning which the Votes were equal on Saturday last; and the Clause was read, as followeth:
["Preserving the Safety of His Majesty's Person, in the Preservation and Defence of the true Protestant Religion, the Defence of the Parliament, and the Conservation of this Realm and the Subjects thereof in Peace, from all unlawful Violence, Oppression, and Force, howsoever countenanced by any pretended Commission or Authority from His Majesty, or otherwise."]
Votes equal a Second Time, on putting it to the Question.
Message from the H. C. to pass the Ordinance for Sir T. Fairfax to command the Army.
To let their Lordships know, that the House of Commons lately sent up an Ordinance for additional Power for Sir Tho. Fairefaxe, (fn. 3) which their Lordships returned with an Addition and Alterations; and the House of Commons sent up again with Reasons; to which they have not heard any Thing from their Lordships. That the House of Commons this Morning received Letters, that the Army is in Mutiny and Disorder, and they know not who to obey: And, until this Ordinance be passed, Sir Thomas Fairefax has no Power to do any Thing. The House of Commons say, "They have done their Parts; therefore, if any Inconveniency comes upon the Stay of it, they conceive it will not lie upon them."
Message to the H. C. to sit P. M.
To let them know, that this House is Resolved to sit this Afternoon, at Four of the Clock, about important Business concerning the Public; and to desire that they would sit likewise, if it may stand with their Conveniency.
Sermons at the Fast to be printed.
Griffith's Petition, that he may be brought to Trial, or bailed.
(fn. 4) "An Ordinance of the Lords and Commons assembled in Parliament, for securing of the Eighty Thousand Pounds, advanced by and under the Eight Treasurers hereafter named; and for a further Provision, for the raising and maintaining of the Forces under the Command of Sir Thomas Fairfax.
Ordinance to secure 80,000£. to the City of London.
"For the better securing of the Eighty Thousand Pounds undertaken to be lent by divers Persons, as well Aldermen as Merchants and others, and for the more orderly receiving and issuing out of the Monies appointed to be taxed and levied by the Ordinance of both Houses of Parliament, made the Fifteenth of February last, for the raising and maintaining the Forces under the Command of Sir Thomas Fairfax: Be it Ordained, and it is Ordained, by the Lords and Commons in Parliament assembled, That Sir John Wollaston Knight, Thomas Adams, John Warner, and Thomas Andrews, Aldermen of the City of London, Abraham Chamberlaine, George Witham, Francis Allen, and John Dethicke, of London, Merchants, shall be Treasurers at War during the Ten Months mentioned in the said former Ordinance of the Fifteenth of February last: And be it likewise Ordained, That the said Treasurers at War shall receive, from the several Lenders of the said Money, the Sum of Eighty Thousand Pounds; and from the several Collectors of all other the Monies to be taxed, levied, and paid, by virtue of the said former Ordinance of the Fifteenth of February last, the said Sums to be levied; taxed, and paid; which several Sums of Money shall be by them paid to the said Treasurers, and issued forth, for the raising and maintaining of the said Forces, and the Charges incident to the same: And for the Reimbursing and Re-payment of the said Lenders the said Sum of Eighty Thousand Pounds, with the Interest thereof, after the Rate of Eight Pounds per Cent. from the Time of the Lending thereof, to the Time of the Re-payment thereof to the several Lenders of the same, their Executors and Administrators, or such other Person or Persons to whom the said Lenders, their Executors or Administrators, shall, under their respective Hands in Writing, appoint the same, or any Part thereof, to be paid; and the said Treasurers, or any Two of them (One of them being an Alderman, the other a Commoner) shall have Power, and are hereby authorized, enjoined, and required, to re-pay the said Eighty Thousand Pounds unto the said Lenders, their Executors or Assigns, or such Person or Persons, their Assignees as aforesaid, in Manner and Form following; videlicet, Twenty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, and Four Pence, with such Interest thereof, at One entire Payment, out of the Monies to be taxed, levied, and paid, for the Collection of the Fifth Month, by virtue of the said former Ordinances; Twenty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, with the Interest thereof, at One entire Payment, out of the Monies to be taxed, levied, and paid, for the Sixth Month's Collection, by virtue of the said former Ordinance; and Twenty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, with Interest after the same Rate, at One entire Payment, out of the Monies to be taxed, levied, and paid, for the Seventh Month's Collection, by force of the said Ordinance of the Fifteenth of February: The said several Sums of Twenty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, with Interest thereof, to be paid out of the First Monies to be received in or for the said several and respective Fifth, Sixth, and Seventh Month's Collection, by force of the said recited Ordinance, and of this present Ordinance; and in case there be not sufficient raised out of the Fifth, Sixth, and Seventh Month's Levy, Tax, or Receipt, that then the said Treasurers, or any Two of them (One of them being an Alderman, the other of them a Commoner), shall have Power, and they are hereby authorized, enjoined, and required, to pay the said Eighty Thousand Pounds, with Interest as aforesaid, or the Remainder thereof, to the said Lenders, their Executors or Assigns, as aforesaid, out of such Sums of Money as shall be taxed, levied, and paid, by virtue of the said Ordinance of the Fifteenth of February last, and this present Ordinance, for the Eighth, Ninth, and Tenth Months in the said recited Ordinance mentioned; the same to be paid proportionably to each Lender, his Executors or Assigns, as aforesaid, according to the Sum by him or them advanced by Way of Loan, upon his Demand thereof from the said Treasurers, or any Two of them, the One of them being an Alderman, the other a Commoner: And if there shall be a Failure of the Payment of the said Eighty Thousand Pounds, and the Interest thereof, at such Rate as aforesaid, or any Part of the same, out of the said Monthly Collections hereby appointed for the Payment thereof, it is hereby Ordained, That so much thereof as shall be unpaid shall be paid out of such other Receipts as are hereafter mentioned, or as shall be in the Power of both Houses of Parliament to dispose of, or by some other Ways or Means to be provided for by both Houses of Parliament, who undertake the Provision thereof accordingly: And that every County, City, Borough, and other Place, may be fully assessed according to the Rate by the said Ordinance intended to be taxed and assessed upon them, in case there should be Default in any of the Committees appointed by the said Ordinance, in the making of the said Assessment, or in any County, City, Borough, or other Place, in paying of the Sums assessed, or any Negligence or Default in any Collector to be appointed by virtue of the said former Ordinance, for raising and maintaining the said Forces, or collecting of the same, or otherwise, be it Ordained, That the Earl of Northumberland, the Earl of Kent, the Earl of Rutland, the Earl of Pembrook, the Earl of Salisbury, the Earl of Denbigh, the Earl of Bullingbrook, the Lord Viscount Say & Seal, the Lord Wharton, the Lord Howard, Master Solicitor, Sir Henry Vane Junior, Mr. Crew, Mr. Pierrepont, Mr. Stroad, Mr. Recorder, Sir John Evelyn, Mr. Ellis, Mr. Reynolds, Colonel Ven, Sir Thomas Soame, Mr. Jennour, Mr. Hodges, Mr. Pury, Mr. Prideaux, Mr. Benningfield, Mr. Bond, Sir Arthur Haslerig, Mr. Scawen, and Sir Gilbert Gerard, Members of the Commons House of Parliament, and the said Eight Treasurers, or any Four of them (whereof Two to be Aldermen, and Two to be Commoners), calling unto them such of the Lenders as they or the greater Number of them shall think fit, shall have full Power, and they are hereby authorized, to take and set down such Order as they shall think meet and fit, for the full assessing and the due collecting of the said several Sums of Money to be taxed, levied, and paid, and levying the Arrears hereafter in this present Ordinance mentioned, and all incident Charges touching the same; and such Order shall be obeyed by every Person and Persons, in such Manner and Form as shall be by the Persons before named, or any Eight of them (Four of them at the least being Members of the Commons House of Parliament), directed and prescribed; the same Power not to exceed that already given to the respective Committees by the said recited Ordinance of the Fifteenth of February last.
"And be it further Ordained, That the said Treasurers at Wars, or any Two of them (whereof One of them to be an Alderman, and the other a Commoner), shall subscribe every Receipt to such Person or Persons as shall advance, by Way of Loan, any Sum or Sums of Money, towards the said Eighty Thousand Pounds undertaken to be advanced; and such Receipt shall interest and entitle every Person or Persons, to whom the same shall be given, their and his Executors, Administrators, and Assigns, as aforesaid, into the Security and Benefit of this present Ordinance, for the Repayment of the said Eighty Thousand Pounds, with such Interest thereof as aforesaid.
"And be it further Ordained, That the Receipt of the said Treasurers, or any Two of them (the One of them being an, Alderman, and the other a Commoner), shall be a sufficient Discharge to every Collector, or other Person, that shall pay in any Money that shall be taxed, levied, and paid, by virtue of the said Ordinance of the Fifteenth of February last, or this present Ordinance; and that the said Members of the House of Commons, or any Five of them, shall have Power, and are hereby authorized, to be a Committee, to give Warrants to the said Treasurers at War, or any Two of them, for the issuing forth of the said Eighty Thousand Pounds advanced by Way of Loan, and all other the Monies that they shall receive by virtue of the said former and of this present Ordinance; and in the same Warrant it shall be expressed for what Purpose the Money contained in the same is to be issued; and the said Warrants, with a Receipt thereupon under the Hand of the Party to whom the same is directed to be paid, or his Assignee or Assignees, shall be a sufficient Discharge to the said Treasurers, and every of them, for so much as they shall thereupon issue forth, except for the several Sums of Twenty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, and Four Pence, with Interest thereof as aforesaid, which Sums are to be paid to the Persons advancing the said Eighty Thousand Pounds as aforesaid, and not otherwise employed.
"And it is also Ordained, That the said Eighty Thousand Pounds advanced by the said Lenders, and all Monies to be raised by virtue of the said Ordinance of the Fifteenth of February last, shall be employed only for the Purposes, Uses, and Intents, in this Ordinance and the forementioned Ordinance of the Fifteenth of February expressed, and no otherwise; and no Warrants shall be made from the said Committee, or any other, or, if issued, shall be obeyed, but only for the Purposes aforesaid.
"And it is also further Ordained, That the said Treasurers at War, for their Pains in receiving and issuing forth of the said Eighty Thousand Pounds, and the Monies to be raised and received by virtue of the said recited Ordinance and this present Ordinance, and in Consideration they shall execute the Employment of the Treasurer at Wars, shall have Three Pence for every Pound they shall receive and issue forth of the Monies to be taxed, levied, and paid, by virtue of the said recited Ordinance; and shall also have Three Pounds, Five Shillings, Four Pence, per Diem, to be disposed of as they shall think fit, for the Payment of such Persons as they shall think meet to make Use of, for the better Execution of the said Employment of Treasurer at Wars, and all other Charges allowed to Sir Gilbert Gerrard as Treasurer at Wars; and shall issue the Monies without any further or other Allowance; the said Allowances to be paid Monthly.
"And be it further Ordained, That all Arrears which are or shall be due upon the Ordinance of the Fifteenth of February, and all Arrearages of Weekly Assessments due upon any Ordinance, from any of the Inhabitants within the Cities of London and Westminster, or the County of Middlesex, and all Monies that shall be due from any Accomptant or Accomptants, Collectors or Treasurers, by virtue of any Ordinance for taking of the Accompts of the whole Kingdom, shall be employed towards the raising and maintaining of the Forces under the Command of Sir Thomas Fairfax, and other the Purposes in this Ordinance mentioned.
"Provided; That all such Monies, that, by any Ordinance of both Houses of Parliament, or Order of the Commons House of Parliament, before the passing hereof, are to be paid out of the said Arrears, or Monies that shall be due from any Accomptant or Accomptants, Collectors or Treasurers, shall be first paid; notwithstanding this Ordinance, or any Thing herein contained to the contrary.
"Provided also, That this Ordinance shall not extend to the raising or levying of the last Month's Tax or Assessment upon the County of Kent; but that the same shall and may be employed for the Garrison of Plymouth.
"Provided, and it is Ordained, That the Tax and Assessment on the several Counties and Places in the said Ordinance of the Fifteenth of February mentioned, and all Power for collecting, raising, levying, and receiving the same, shall be in Force, and stand in Being, and put in Execution, until the Sum of Eighty Thousand Pounds, with Interest as aforesaid, be re-paid, although this present War continue not so long.
"Provided, That whereas by the said former Ordinance it is appointed, that the Sums therein mentioned shall be taxed, levied, and paid, from the First Day of February last, till the First Day of December next, which comprehendeth more than Ten Months, reckoning Eight and Twenty Days to the Month; whereupon some Doubt hath arisen, touching the Computation of the said Months: For clearing whereof, it is hereby Declared and Ordained, That the said Monthly Tax be made according to the Calendar, and not otherwise.
"And whereas, by the said former Ordinance, the several Committees, or any Two of them, are authorized and required to allow the several Allowances of One Penny and One Half-penny therein mentioned; and it is necessary that the several Sums of Money collected be paid to the said Treasurers in The Guildhall, London: It is Ordained, That the said Sums be paid at The Guildhall, London, aforesaid, according to the Intent of this Ordinance, by the said Collectors; and, upon Payment thereof, the said Treasurers, or any Two of them (the One of them being an Alderman, and the other a Commoner), shall give Allowance of the said One Penny and One Half-penny to the said Collectors: And, to free the said Committees from Trouble therein, it is also Ordained, That the said Power, as to the allowing of the said One Penny and One Half-penny by the said Committees, be hereby discharged, the former Ordinance notwithstanding.
Memorial from the Swedish Minister, complaining of the Cruelties and Oppressions of the King of Denmark, and desiring Aid against Him.
"Most Illustrious Peers, Honourable Knights, and the Renowned Estates of (fn. 5) this Most Noble Court;
"The most Mighty and most Excellent Queen of Sweden, my most Gracious Lady and Mistress, hath sent me hither, testifying both Her Majesty's Commands and my Words, by Her Credential Letters, wherein She representeth the unsatiable Avarice, the unspeakable Insolency, the brutal Tyranny, and the barbarous Robberies, whereby the Danish King, by as ill a Custom as unrighteous a Law, hath these many Years raged, not only against Her Majesty and Subjects, but also against all the Inhabitants of and near the German Ocean and Balthick Sea, who, for Trade's Sake, pass The Cymbricke Straight; and because these Evils, whereby Her Majesty's Subjects, and those of the neighbouring Princes, are daily oppressed, do grow to an Infiniteness, that Hater of all Humanity and Justice presuming to make the shorter Work, and to escape scot-free by the Dissensions of the Neighbouring Nations, knowing that commonly it is good Fishing in troubled Waters; Her Majesty hath thought good to call also upon you, that you would lend your helping Counsel and Hands to repel the Evil that grows common, to revenge the Injuries, and to recover the Harm and Losses already inflicted.
"Neither would (fn. 6) Her Majesty you should be ignorant, how craftily the Dane hath crept and gotten Himself betwixt the contending of fighting Princes, that, as an Arbitrator and Judge of the Peace, He might interpose (as it were) for their Agreement; pretending, by such a Trick, as (fn. 7) if His increasing Age were wholly dedicated to Works of Charity, and aimed at nothing else but at the Public Welfare of Europe and His own eternal Fame, whilst His League made with the Spaniard, and that which (fn. 8) attempted and almost accomplished also with Polland and Moscovia (Sweden's old Enemies) did clearly discover that nothing less than the Public Good went to His Heart; His chiefest Care and manifest Endeavours appearing plainly to tend utterly to destroy the Swedish Nation, and to prosecute those whom He knew heretofore and now to be their Friends; witness yourselves, whose Ships and Goods He confiscated; witness also the Scotts, the Swedes Fellow Soldiers, against whom, whether more rashly and foolishly, or more unseasonably, by a Public Proclamation, he declared War: Besides all this, He entertained almost a whole Year in His Dominions (without having any known Enemy) a great Army: For these Reasons, (fn. 5) Her Majesty (though these many Years troubled with a most heavy and bloody War against the Emperor, for the Vindication of the German Liberty), discovering His Intentions, and seeing She either must give over the Advantages She had gotten in Germany, or lose Swedland (Her Native Country), thought it best to fall on a sudden upon Her Enemy, rather than to suffer first a Loss, and look afterwards for the Remedy; and so She commanded a General Marshal of Hers, who then was on the Borders of Hungary, to come with all possible Speed down towards The Danish Straite, to bridle the wild Dane, and divert Him from further troubling of His Neighbours: All which hath been exactly performed, according to Her Majesty's Order.
"Now, for as much as every prudent Man may easily foresee, that these Her Wars both against the Emperor and against the Dane may prove very long; therefore Her Majesty thought it requisite to call for Help to the Neighbouring Princes, especially to those that are nearest to the same Fear and Danger, that, by their joint Counsel and common Aid, the Heat of this common Enemy may be allayed, and His Violence stopped. Thus She hath commanded me to solicit the like common Assistance of these Kingdoms of Greate Brittaine against their common Enemy; it not seeming a Matter very difficult, if this Enemy be often well beaten both by Sea and Land, but that there shall redound unto them a great and abundant Profit, when once the Passage thorough the Danish Sea shall be open to all that trade in the Balthick Sea, and the unjust Tolls and intolerable Impositions be taken away, or reduced to former Course and Reason, if now these Nations of Great Brittayne resolve to lend their helping Hand to the Swedes: And the Kingdom of England having always been renowned for brave Shipping, the Queen my Mistress doth most instantly desire, that the most Illustrious States of England will send to Her Assistance such a Navy as these Civil Wars here, and the Iniquity of these Times, will give them Leave; which Auxiliary Ships, coming into the Balthick Seas, may there, being joined with the Swedish Fleet, the more powerfully assault their Enemy. And as for the Kingdom of Scotland, which hath a long Time afforded Fellow Soldiers to the Swedes, She desires that from thence She might have Two Regiments of Foot. Lastly, seeing the most Excellent King of Great Brittaine hath Three Years since, by His Royal Letters, and an Envoy, Colonel Lewis Lesley, most seriously treated with the Queen of Sweden, that She would enter with Him into a most strict League and Alliance against the House of Austria, which He then pleased to call the Public Enemy of both Nations, to recover from their Hands the Palatinate, and to restore the German Liberty, whereunto Her Majesty did willingly and readily condescend, and, by Her Answer sent back by the said Colonel, assure His Majesty of Her Consentment (though since that Time She could receive not any Answer from the King, by reason of His other Business); therefore Her Majesty desires to understand from these most Illustrious States, whether they think it fit to follow the Overtures made by their King, and to bring the Work by Him begun unto Persection; and to make and conclude with the Nation of Sweden an Offensive and Defensive, nay, an everlasting Alliance, against all Men whosoever should dare or endeavour to oppose, subvert, or destroy, the Religion, Liberties, or Laws of either Nation; and in case they resolve so good a Work, Her Majesty doth assure these most Honourable and Honoured States, that She will always do Her utmost to give all possible Satisfaction to their Desires; all which She hath most seriously commanded me Her Minister expressly sent hither under the Hands of the Royal Tutors and Administrators, and confirmed the same under the Seal of the Kingdom of Sweden."
Letter to the Queen of Sweden, in Answer to her Minister's Memorial.
"That we have not before this Time returned an Answer to Your Majesty's Letters, and Propositions made unto us in Your Majesty's Name, is to be imputed to no other Cause, but to the Importance of the Business requiring the Consultation and Consent of both Kingdoms, of late more nearly and solemnly joined by the Mercy of God than in former Times; and to the great and pressing Difficulties, which, at the Pleasure of God, do exercise both these Kingdoms, and are not unknown to Your Majesty; and therefore in this we shall need to say no more, either for Your Majesty's faithful Servant Mr. Mouat or for ourselves.
"The Noble and Christian Resolutions of Your Majesty and of that Crown, for the Defence of the Protestant Religion, and the Vindication of the distressed Princes of Germany, especially the Illustrious Prince Elector Palatine, in whom these Kingdoms are so much interested and concerned, are received and acknowledged by us with all Thankfulness and mutual Respects, as agreeing with the Public Desires and Intentions of these Kingdoms, which, we are consident, the Divine Power will bring to Effect in His own Time; and wherein, so soon as some End shall be put to our unhappy Troubles, and we enabled, our hearty and real Concourse, by our Counsels and Forces, shall not be deficient; and we do seriously recommend the Prince Elector His Highness's Interests to Your Majesty's special Consideration and Favour, in any Treaty with other Kingdoms.
"We are fully informed, by Your Majesty's Letters and Mr. Mouat's particular Information, concerning the Causes of the War betwixt Your Majesty and the King of Denmarke; and how He hath not only deserted the common Cause of Germany, and the distressed Princes of the Empire, but hath lain in Wait, and taken Advantage of the Times, by turning the Troubles for the common Cause into Occasions of His own particular Gain, to the great Prejudice of Navigation and Commerce, contrary to the Public Transactions and Conditions agreed upon betwixt the Kingdoms of Sweden and Denmarke, which (all fair Means without Success being essayed) could not otherwise be vindicated but by Force of Arms.
"And as we are very sensible of the Oppressions and Extortions used by that King against such Merchants of these Kingdoms who drive Trade in The Sound, by the intolerable Exorbitantness of the Tolls and Customs which He imposeth at His Pleasure; and find ourselves obliged to acknowledge Your Majesty's Respects and Kindness, in making Offer unto us of a greater Freedom of Commerce and Navigation in these Parts, which, no Doubt, will prove beneficial both to these and to Your Majesty's Kingdoms; so are we most willing, according to our Interest, to join our best Endeavours in this common Cause, and should be sorry to lose the present Opportunity of so great a Benefit.
"As our Resolutions are constantly inviolably to observe the ancient Respects and Amity betwixt these Kingdoms and the Kingdom of Swede, which Your Majesty, by the Manifestation of Your Royal Disposition, and the real Evidences of Your great Respects, hath already strengthened and confirmed; so do we receive and value the kind Proffer of a more strict Alliance and mutual Friendship as a most real Testimony of sincere Affection, especially in this Time of our Troubles; and that this so timeously-mentioned and intended Alliance may, according to our common Desires, be perfected, and brought to the wished Conclusion, we are willing, if Your Majesty shall not think it convenient to send Commissioners into the Kingdom of England (which we mention by Reason of the Exigence of our Affairs, and the more speedy expediting of that Business), that some indifferent Place be appointed, where Commissioners from both Sides (fn. 9) may meet, with ample Power to treat, conclude, and agree, upon the mutual Conditions of that intended more strict Alliance; at which Time, the Assistance desired from these Kingdoms may be taken into Consideration, and all possible Satisfaction given to Your Majesty in that and all other Matters serving for the common Safety and Weal of both.
"And because Your Majesty's Opportunities may be such, as that there be some Peace or Agreement concluded betwixt the Crown of Sweden and Denmarke before the desired and intended Treaty can be brought to any Ripeness; in that Case, it is our joint (fn. 10) Desire and Expectation, that the Liberation and Immunity from the Danish Exactions and rigid Impositions be common to the Brittish with the Swedish Merchants and Ships; and that the King of Denmarke shall not transport any Forces, or afford any Kind of Assistance, against these Kingdoms, at this Time, when they are pleading for their Religion, Liberty, and for His Majesty's Honour, against such as mind neither His Majesty's nor the Public Good.
"The Hopes we have of a Treaty, and our Considence to give and receive Satisfaction in such Particulars as cannot be committed to this Paper, makes our present Expressions the more brief; but doth enlarge the Affections of
Turner's Petition, to be bailed.
Upon reading the Petition of Thomas Turner; desiring to be discharged of his present Restraint, or be bailed: It is Ordered, That the Plaintiff against him shall appear To-morrow Morning; and then this House will take this Business into Consideration.
Clanse in Sir T. Fairfax's Ordinance, about the Kings' Person.
Next, the (fn. 11) House took into Consideration, to determine the Business concerning the additional Clause in the Ordinance to give further Power to Sir Thomas Fairfaxe, which was undetermined this Morning, by reason of Equality of Votes; and the additional Clause was read, as follows:
["Preserving the Safety of His Majesty's Person, in the Preservation and Defence of the true Protestant Religion, the Defence of the Parliament, and the Conservation of this Realm, and the Subjects thereof in Peace, from all unlawful Violence, Oppression, and Force, howsoever countenanced by any pretended Commission or Authority from His Majesty, or otherwise."]
Protest against it.
L. Viscount Say & Seale.
Message from the H. C. with an Ordinance, and for Mr. Jones and Col. Stephens to be exchanged for the E of Cleveland.
Reasons to be drawn up, for adhering to the additional Clause about the King's Person, in Sir T. Fairfax's Ordinance.
Ordered, That the Committee appointed on Saturday, (fn. 12) to draw up Reasons, for a Conference with the House of Commons, for adhering to the additional Clause, and the Alteration in the Clause concerning Forts and Garrisons, in the Ordinance for additional Power to Sir Thomas Fairefaxe, shall also draw up Reasons for adhering to the additional Clause in the said Ordinance, and report the said Reasons to this House.
Message to the H. C. for a Conference about it.
Lords Protest against the Cause.
The Lords whose Names are subscribed, having demanded their Right of entering their Dissent before the putting of the Question concerning the additional Clause, in these Words following; videlicet, ["Preserving the Safety of His Majesty's Person, in the Preservation and Defence of the true Protestant Religion, the Defence of the Parliament, and the Conservation of this Realm and the Subjects thereof in Peace, from all unlawful Violence, Oppression, and Force whatsoever, countenanced by any pretended Commission or Authority from His Majesty or otherwise"], in the Ordinance, intituled, "An Ordinance for additional Powers to Sir Thomas Fairefaix:" For the Reasons expressed in that Dissent, which was entered on Saturday last, and to acquit themselves of all Inconveniencies which may happen in a Business of so great Concernment, do here accordingly enter their Dissent.