Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 7 die Junii.
PRAYERS, by Mr. Foxcrafte.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer:
That they have delivered their Message to the House of Commons, concerning the Vote for bringing the King to Oatlands; and they will send an Answer [ (fn. 1) by Messengers] of their own.
Persons not to have Access to Lilburne, Jenkins, and other Prisoners in The Tower.
It being moved, "That the Distempers in the Army and the City were fomented by some of the Prisoners in The Tower of London, and Company did come to them, as to Mr. Jenkins and Lilburne:"
It is Ordered, That the Lieutenant of The Tower shall have Notice to attend this House presently, that so he may receive Directions from this House, to take Care what Persons come to the Prisoners in The Tower, and to be vigilant that no Papers come from them or to them; and that he revoke such Leave as he hath given to any Prisoners to have the Liberty of going abroad.
And the Lieutenant of The Tower being called in, the Speaker gave him the Command of this House, to take Care of the Prisoners in The Tower, and not to permit any Company to come to them for a Time; and those to whom he hath given Leave to of going abroad, that he revoke it.
L. Lauderdail's Speech, about removing the King.
The Speaker acquainted this House with a Paper of the Lord Lauderdaill's Speech on Saturday last, before the Select Committees of both Houses, in the Painted Chamber, which was read, as follows. (Here enter it.)
Message from the H.C. for Committees to go down to the Army;--about the Repeal of the Declaration against the Army Petition;—and about the following Ordinance.
A Message was brought from the House of Commons, by Sir John D'anvers Knight, &c.
To desire their Lordships would please to nominate some Lords, to join with the House of Commons, as Commissioners, to go down to the Army, to communicate the Votes of the Parliament to the Army.
2. To desire their Lordships would take into Consideration the Ordinance for repealing the Declaration of the 30th of March last.
3. To put their Lordships in Mind of the additional Ordinance for the Indemnity of the Officers and Soldiers.
Additional Ordinance for Indemnity of Officers, &c.
The House was adjourned into a Committee during Pleasure, to take the said additional Ordinance of Indemnity into Consideration.
The House being resumed;
The said Ordinance was read the Third Time, and Agreed to. (Here enter it.)
Committee to go down to the Army.
Ordered, That the Earl of Nottingham and the Earl of Mulgrave are appointed to go down to the Army.
The Answer returned was:
Answer to the H. C.
That this House will take their Message into Consideration, and will send an Answer by Messengers of their own.
Message to them, with a further Answer.
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:
To let them know, that this House hath passed the additional Ordinance for the Indemnity of the Officers and Soldiers; and that this House hath nominated Two Lords, to go down to the Army, to communicate the Votes of the Houses to the Army.
Ld. Delawar to go to the Army, in the room of the E. of Mulgrave.
The Earl of Mulgrave desired the House would please to excuse him from the Employment of going down to the Army, in regard of his great Indisposition of Health, as makes him unfit for the Service.
Hereupon the House excused him.
And the House named the Lord Lawarr to go in his Place.
Ld. Dumferling, a Pass.
Ordered, That the (fn. 2) Lord Dumferlinge shall have a Pass, to go into France; and hath Leave to carry with him in Money Two Hundred Pounds.
Smith committed, for forging an Act of Parliament.
Ordered, That Isabell Smyth shall stand committed to the safe Custody of the Prison of Newgate, there to remain during the Pleasure of this House, for forging an Exemplification of a pretended Act of Parliament, under the Great Seal of England.
Order for suppressing Tumults.
It was moved, "That the House would consider of some Course to be taken, for the preventing and suppressing of Tumults."
And the House was adjourned into a Committee during Pleasure, to consider thereof.
The House was resumed.
An Order was read, in hæc verba:
"Ordered, by the Lords and in Parliament assembled, That it be referred to the Committee of Lords and Commons for Irish Affairs sitting at Darby House, to consider of the best Ways and Means for the Ordering and Directing of the Forces, within the City of London and Lines of Communication, and the Counties of Essex, Midd. Surrey, Hertfordshire, and Kent, to suppress all Tumults, Mutinies, and disorderly Assemblies, for the Disturbance of the Parliament, and Hinderance of their Proceedings in their carrying on of the great Business of the Kingdom."
And the Question being put, "Whether to agree to this Order?"
It was Resolved in the Affirmative.
Sent to the H. C.
Ordered, That this Order be sent to the House of Commons, for their Concurrence: Which was sent down, by Sir Edw. Leech and Mr. Page.
Ld. Lauderdail's Speech, at the Meeting between the Committees of both Houses and the Scots Commissioners, concerning the King's being removed from Holdenby.
"5 June, 1647.
"My Lords and Gentlemen,
"The Interests of these Two Kingdomes of Scotland and England are soe neerly conjoyned in this Cause, that what is hurtfull or dangerous to either must needs bee soe to both; for they are soe united, that they must stand and fall together. This Consideration hath moved us (who serve the Parliament of Scotland here) to desire to waite upon both Houses of Parliament; haveinge understood that His Majesty is, against His Will, caryed away from Holdenby, wee knowe not whether.
"My Lords, The Parliament of England hath often, upon severall Occasions, since the Begining of these unhappy Troubles, declared their firme Resolution to maintayne and reforme Religion, to preserve the established Government of the Kingdome, and to defend His Majesty's Person and Authority, in the Defence of the true Religion and Libertyes of the Kingdomes. These I neede not repeate; your Lordships and these worthy Gentlemen doe better remember them: And I am confident, you will make good what you have soe declared. But wee are all more solemnly tyed; for, when the Kingdome of Scotland was ingaged in this Cause, the Parliaments of both Kingdomes entered into a solemne League and Covenant, for Reformation and Defence of Religion, the Honnor and Happines of the Kinge, and the Peace and Safety of both Kingdomes.
"In the Pursuance of the Ends of that Covenant, the Kingdome of Scotland hath imployed both their Forces and Counsells, with soe much Fidelity and Constancy, that the Mouth of Malice itselfe is stopt, even our Enemyes being Judges; and, to take away all Jealousyes, and to shew our earnest Desires of the Ease of the Country, and setling of Peace, our Army marcht away (as they came into this Kingdome) in the Dead of Winter, punctually performing their Treaty: And yet further to wittnesse their Confidence in the Parliament, the Parliament of Scotland agreed, His Majesty should goe to Holdenby, or some other of His Houses in or aboute London, untill joynt Applications were made to Him by both Kingdomes, for setling joyntly a happy Peace. But it was with the Two Houses of Parliament He was left: They are of One Religion with us, and ingaged in the same Covenant. Yet now wee understand that His Majesty is violently torne away from that Place, by some Sojers of Sir Thomas Fairefaxe's Army. Wee knowe not, nor cannott understand, by what Authority; but, wee are confident, not by the Authority of this Parliament. And I confesse, I wonder how any Subjects of Greate Brittaine will take upon them to dispose of the Person of their Kinge, against His owne Will, and the declared Intentions of both Parliaments.
"Your Lordships and the Honnorable House of Commons knowe best what to doe for your owne Honnor and Safety: I shall not presume to offer any Advise. But, because this Action will certainly be much resented by the Kingdome of Scotland, and have a very greate Influence there, wee are ingaged to come hither, and, according to the Duty wee owe to them that trusted us, represent our Sense of this violent Act, which must needs be of greate Danger to both the Kingdomes. And wee doe desire that the Two Houses would, in their Wisdome, take such a Course, that the King's Majesty may be rescued from those that soe violently have carryed Him away, and be brought to some of His owne Houses neere the Parliament, that a joynt Application may be made to Him by both Kingdomes, for agreeing all Differences, and setling of a just and solid Peace.
"I can alsoe assure you, in Name of the Kingdome of Scotland, that, if there be Neede, they will joyne as One Man with this Parliament, to mayntayne with their Lives and Fortunes the Covenant, the King's Majesty, and the just Libertyes of both Parliaments, according to the Covenant, against whatsoever Violence; to vindicate the Honnor of this Parliament; and to preserve and strengthen the Union of the Kingdomes, untill please God to crowne all our Endeavors with Truth and Peace."
"An Additional Ordinance of the Lords and Commons assembled in the Parliament of England, for the more full Indemnity of the Officers and Soldiers who have acted by Authority, and for the Service, of the Parliament.
Additional Ordinance for Indemnity of Officers and Soldiers who have served the Parliament in this War.
"Forasmuch as, in the Times of this late War and Public Distractions, there have been many Injuries done to private Persons, and other Offences committed, by divers Persons bearing Arms in the Service of the Parliament: The Lords and Commons in Parliament assembled, taking into their Consideration, that it is expedient that the Injuries and Offences aforesaid be pardoned and put in Oblivion, rather than, by Pretence of Prosecution against some few Persons, a great Number of such who have faithfully served the Parliament be brought into a continual Vexation, for such Actions as the Exigency of War hath necessitated them unto, do therefore Ordain, and be it Ordained by the said Lords and Commons, That all Persons who have committed any Offences, Trespasses, Injuries, or other Misdemeanors whatsoever, during such Time as they have been employed in Arms by or for the Service of the Parliament, be, is, and are, hereby discharged and pardoned of the same, and of and from all Prosecution or Damages therefor, either at the Suit of the King, or the Party grieved; and may, in case he or they be questioned therefor, plead the General Issue, and give this Ordinance in Evidence, which shall be allowed to all Intents and Purposes as if the same were pleaded in Bar; and in case any shall prosecute any Action or Suit, contrary to the Tenor of this Ordinance, against any Person hereby discharged, after Notice given that such Person is hereby discharged, the Defendant or Defendants so prosecuted shall recover his and their Costs against such Prosecutor: Provided also, That this Ordinance, nor any Thing therein contained, shall extend to discharge any such Person or Persons as aforesaid, from making their true and just Accompts to any Committee or Committees of Parliament, appointed, or to be appointed, for that Purpose, of what they have taken, received, or had, for the Service or Benefit of the Parliament."