DIE Saturni, 23 die Septembris.
PRAYERS, by Mr. Salwey.
Domini præsentes fuerunt:
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Comes Manchester, Speaker.
Comes Mulgrave.
Comes Lyncolne.
Comes Denbigh. |
Ds. Howard.
Ds. Grey.
Ds. North. |
Answer from the H. C.
Mr. Page and Doctor Bennett return with this Answer
from the House of Commons:
That they will send an Answer by Messengers of
their own.
Letter, &c. from the Commissioners with the King.
A Letter and Papers from the Commissioners that are
treating with the King, in the Isle of Wight, were read.
(Here enter them.)
Message from the H. C. that they have deferred Private Business;—with Orders and Ordinances; and to remind the Lords of the Lincolnshire one.
A Message was brought from the House of Commons, by Mr. Pelham, &c.
1. To put their Lordships in Mind of an Ordinance
for uniting the Committees of the County of Lyncolne.
(Here enter it.)
Agreed to.
2. To acquaint their Lordships, that they have resolved not to entertain any Private Business for Fourteen Days.
3. An Ordinance for preventing the Transportation
and other Deceits practised upon the Coin and Bullion
of this Kingdom.
(Here enter it.)
Agreed to.
4. An Order for Francis Betham to be Provostmarshal. (Here enter it.)
Agreed to.
The Answer returned was:
Answer.
That this House agrees to the Orders and Ordinances
mentioned in this Message.
Author of The Moderate to be attached.
Ordered, That Enquiry be made, who is the Author of the Pamphlet, intituled, "The Moderate,"
wherein the King and Parliament is much dishonoured;
and, upon Discovery of him, he is to be attached and
brought before this House, to be proceeded against
according to Justice; and that Mr. Dillingham be assistant to the Gentleman Usher herein.
Ordinance to discharge the Excise Accompts for 1646.
The House was adjourned into a Committee during
Pleasure, to take into Consideration the Ordinance of
Discharge to the Commissioners of Excise.
The House being resumed;
The said Ordinance was read the Third Time.
And the Question being put, "Whether to agree
to this Ordinance now read?"
The Votes were even.
Sterling and Folkes.
Upon reading again the Report of Mr. Baron Atkins: (Here enter it.)
It is Ordered, That the Order of this House,
dated the 10th of December, 1647, for Commitment of
Mr. Sterling to the Prison of The Fleete, is hereby
revoked and made void; and the said Sterlinge to be
released for what (fn. *) concerns the Business of Mr. Folkes.
Burton and Young.
Upon Report of the Lord Hunsdon, from the Committee to consider of the Business between Burton and
Young, "That the Committee do find, That the Commissioners of the Great Seal were misinformed, in the
granting of the Presentation of the Rectory of Kirkedeighton, in the County of Yorke; therefore think it
fit that the said Presentation be revoked, and the
Order of Institution and Induction to Young to be revoked:"
It is Ordered, That the said Order of the 14 July
last, for Institution and Induction to the said Young, is
hereby revoked and made void; and that the Commissioners of the Great Seal do recall their Presentation to
the said Younge.
Holmes to be instituted to Arnthorn.
Ordered, That Doctor Aylett give Institution and
Induction unto Barnham Holmes Clerk, Master of Arts,
to the Rectory of Arnethorpe, in the County of Yorke,
void by the Resignation of the last Incumbent; salvo
Jure cujuscunque: Granted by the Great Seal.
Letter from the Commissioners with the King, with the following Papers about the Treaty.
"For the Right Honourable the Speaker of the
House of Peers pro Tempore. These.
"My Lord,
"We gave your Lordship an Account by our last,
That, on Monday the 18th Instant, the Treaty was to
begin; which accordingly was observed. And for
the Progress made therein, we refer to the several
Papers herewith sent; amongst which, your Lordship will perceive that, in Pursuance of our Commission and Instructions, we have distinguished the Propositions as they solely concern England and Ireland,
for our own Use, and more speedy Dispatch of the
Treaty; and did (in Answer to His Majesty's Paper
of the 18th Instant) deliver unto Him a Copy thereof.
And although we have omitted the joint Declaration
of both Kingdoms, wherein the Kingdom of Scotland is throughout involved; yet whether any Part
thereof shall be treated on, or of the Proposition for
the Treaties betwixt both Kingdoms, wherein, as
they now stand, are many Particulars which concern
Time to come, we humbly desire to know the Pleasure of the Houses how they would have us to proceed herein; conceiving it may be their Intention,
That a Proposition be made to His Majesty, That both
Houses of Parliament, and all that have acted by
their Authority (in reference to the several Treaties
between the Two Kingdoms) may be justified and
secured. The King hath given us a Paper in Answer
to ours, concerning the recalling all Oaths, Declarations, &c. which is yet under Debate; whereof by
the next we shall give you a further Account; and
rest
Newport, 21 Sept. 1648.
"Your Lordship's
"Humble Servants,
"Northumberland. Pembrooke & Mount.
Salisbury.
"Middlesex. W. Say & Seale."
(fn. **) The Commissioners First Paper delivered to the King.
"Newport, 18 Septembris, 1648.
"May it please Your Majesty,
"We having now made known unto Your Majesty
our Commission, by which we are authorized to treat
with You personally upon the Propositions formerly
presented at Hampton Court, as they concern the
Kingdom of Engl'd and Ireland only, and such other
Propositions as are therein mentioned; do crave Leave
humbly to declare, That we are directed, by our
Instructions, to treat upon them with Your Majesty
for the Space of Forty Days, beginning this present
Day; and to proceed in the First Place upon the
Propositions following in Order; (videlicet,) that for
recalling and annulling all Oaths, Declarations, Proclamations, and other Proceedings, against both or
either Houses of Parliament, or against any for adhering unto them; those concerning the Church, the
Militia, and Ireland; and then upon the rest, in the
same Order they are now placed; and to receive Your
Majesty's Answer in Writing to each of them; being
likewise enjoined to deliver all our Demands, and to
receive Your Majesty's Answers, in Writings: Wherefore we humbly pray, that nothing may be understood
to be binding of either Side, but what shall be so set
down in Writing. And accordingly we are ready to
present unto Your Majesty a Paper, concerning that
First Proposition for recalling of Declarations."
* * The King's First Paper, desiring the Propositions, and Copies of the Instructions.
"Newport, 18 Septembr. 1648.
"CHARLES R.
"Whereas the Commission read refers to Propositions and Instructions thereupon; His Majesty desires to have those Propositions to be delivered to Him,
and Copies of the Instructions."
* * The Commissioners Second Paper, containing the First Proposition.
"Newport, 18 Sept. 1648.
"We humbly desire of Your Majesty to give Your
Royal Assent to this Proposition ensuing:
"That whereas both Houses of Parliament have been
necessitated to undertake a War, in their just and lawful Defence; and that the Kingdom of England hath
entered into a solemn League and Covenant to prosecute the same; an Act of Parliament may pass,
whereby all Oaths, Declarations, and Proclamations,
heretofore had, or hereafter to be had, against both or
either of the Houses of Parliament, or against any
for adhering unto them, or for doing or executing
any Office, Place, or Charge, by any Authority derived from them, and all Judgements, Indictments,
Outlawries, Attainders, and Inquisitions, in any the
said Causes, and all Grants thereupon made or had,
or to be made or had, be declared null, suppressed,
and forbidden; and this be publicly intimated, in all
Parish Churches, and other Places needful, within
Your Majesty's Dominions of England and Ireland."
* * The King's Second Paper; signifying, Nothing shall be binding but what is in Writing.
"Newport, 18 Sept. 1648.
"CHARLES R.
"His Majesty declares, That, according to your
Desire, nothing shall be understood to be binding of
either Side, but what shall be set down in Writing;
and also further declares, That no Agreement put in
Writing, concerning any Proposition, or Part of a
Proposition, be binding until the Conclusion of the
whole Treaty, unless it shall be otherwise especially
agreed."
** The Commissioners Third Paper, in Answer to the King's First Paper.
"Newport, 18 Sept. 1648.
"Whereas Your Majesty is (fn. *) pleased, in Your First
Paper of the 18th of September, to desire a Copy of
the Propositions, and our Instructions thereupon; we
humbly answer, That the Propositions themselves
were formerly presented unto Your Majesty at Hampton Court, and are (as we conceive) still in Your own
Hands (excepting that for the Court of Wards, which
hath been delivered unto You here in the Isle of
Wight): And as to what concerns our Instructions,
we do humbly say, That we have no Warrant from the
Houses of Parliament to deliver out any Copy of them."
** The King's Third Paper, desiring to have all the Propositions together.
"Newport, 18 Sept. 1648.
"CHARLES R.
"His Majesty conceives the Answer to His Demands for a Copy of your Propositions not satisfactory; because you refer Him to the Propositions
formerly presented to Him at Hampton Court; which
He having perused, finds most of those Propositions
involves Scotland, as well as England and Ireland;
and yet your Commission expresseth, you are to
treat in reference to England and Ireland: Therefore
he conceives it requisite, that, before the Propositions, or any of them, be treated upon, He may see
the Propositions entirely and altogether, as they
are to be treated on at this Time, that thereby He
may be the better able to give Satisfaction in the
following Treaty."
** The Commissioners Fourth Paper, in Answer to the latter Part of the King's Second Paper.
"Newport, the 18th Sept. 1648.
"As to the latter Part of the Second Paper delivered unto us this 18th Instant; we shall acquaint
the Houses of Parliament, That Your Majesty hath
declared, that no Agreement put in Writing, concerning any Proposition, or Part of a Proposition, be
binding until the Conclusion of the whole Treaty,
unless it shall be otherwise especially agreed."
** The Commissioners Fifth Paper, tendering a Draught of the Propositions, &c.
"Newport, 19 Septembr. 1648.
"As for Your Majesty's Demand of seeing the
Propositions entirely and altogether, as they are to
be treated on at this Time, before they or any of
them be treated upon; we do humbly answer,
That we find not ourselves warranted, by our Instructions, to present unto Your Majesty our Desires concerning all the Propositions at once, or in
any Sort to treat upon them, but in Order one after
another: Yet, since we have prepared, for (fn. *) our
own Use, and the better expediting of this Treaty,
a Draught of the Propositions separated from what
concerns the Kingdom of Scotland, and relating only
to the Kingdom of England and Ireland, according
to our Commission and Instructions by which we
are authorized for this Service; to the End no Prejudice may befal it by reason of any Delay, we do
herewith tender unto Your Majesty a Copy of the
Propositions so distinguished: But with this Declaration of our Intention therein, That is not by Way
of Treaty, but out of an humble Desire of giving
Your Majesty Satisfaction, in the View of those Propositions now, which are afterwards in their Order
and several Places to be treated on, upon such Papers
as we shall deliver in concerning each of them; we
being expressly prohibited by our Instructions to treat
upon, or receive (fn. †) any to, any subsequent Proposition,
before there be a Conclusion of that which went before. In Observance whereof, we now humbly desire
Your Majesty's Answer to our Paper delivered Yesterday, concerning the Proposition for recalling all Declarations and other Proceedings against the Parliament, or those who have acted by their Authority."
Lincoln. Committee, for Assessments, &c. to have Power through the whole County.
"Ordered, by the Lords and Commons in Parliament assembled, That the Committee appointed for
the Monthly Assessments for Sir Thomas Fairefax'.
Army, in the County of Lincolne, have equal Power
throughout the whole County as heretofore in former
Ordinances they had; and to put in Execution all
former Ordinances, and to collect the Arrears thereof."
Ordinance for Bethum to be Provost Marshal.
"Ordered, by the Lords and Commons assembled
in Parliament, That a Provost Marshal be appointed,
for the Safeguard of the Parliament; and that Francis
Bethum be, and is hereby, appointed Provost Marshal
for that Purpose; and that he shall have a Commission
granted unto him to be Provost Marshal, for Apprehension of such (fn. *) as are within Twenty Miles of London, without the Liberties of the City, against the
Ordinances of Parliament, and of other dangerous
Persons, that have listed, or are listing themselves;
and that the said Provost Marshal have Power to apprehend and surprize all such Person or Persons as
sell, sing, or publish, Ballads or Books scandalous to
the Parliament or their Proceedings, and to suppress
Playhouses, and apprehend the Players, and keep the
said Persons apprehended in Custody, and carry them
to the Committees of the Militias of the several Counties and Places where they shall be apprehended, to
take Course with them according to Ordinance of
Parliament; the said Power to continue for Three
Months: And it is further Ordered, That the Sum
of Two Hundred Pounds be advanced, and charged
upon Habberdash'rs Hall, for the Pay of the Provost
Marshal; and that the Sum of Two Hundred Pounds
more be added, for the Guards that attend the
Houses, and be charged upon Habberdash'rs Hall,
for the constant Pay of the said Guard; and that
the Committee of Darby House do grant a Commission to the said Francis Bethum accordingly."
Ordinance to prevent the Exportation of Bullion.
"Whereas a Commission was lately issued, under
the Seal of His Majesty's Court of Exchequer, unto
Edward Watkins Esquire, and others, Commissioners
for Discovery of Transporters of Coin and Bullion,
and of several other Deceits practised upon the Coins
of this Kingdom; and whereas it may so fall out,
that some Persons of meaner Condition, who are
themselves in some Sort guilty of transporting of
Coin and Bullion, or have been employed by others
for the buying up of Coin to be transported, or for
culling the weightiest Coin to the End the same
might for Gain be melted down again, or for clipping or washing of Coin, may and would discover
divers other greater and more subtle Offenders (which
would be a good Service in them to the Commonwealth), were (fn. *) it not for the Greatness of the Penalties
and Forfeitures which upon their Confessions they
will be liable unto: It is therefore thought fit, and
Ordered, by the Lords and Commons in Parliament
assembled, That every Person and Persons, making
any such Discovery of such other Offenders, shall,
upon a Certificate under the Hands and Seals of the
Commissioners in the aforesaid Commission named, or
any Two or more of them (whereof the said Edward
Watkins to be One), with the Approbation of the
Attorney or Solicitor General for the Time being,
made and delivered unto the Barons of the Exchequer
for the Time being, of such Discovery of such other
Offenders, be, by the said Barons, discharged and freed
of and from all Penalties and Forfeitures to be imposed on him or them, for so much as he or they shall
so confess, and as shall or may concern him or themselves only, and no more: And His Majesty's Attorney and Solicitor General for the Time being
respectively are not to proceed against any the said
Person or Persons for or by reason of the Premises;
but that the said Parties, so declaring as aforesaid,
be discharged by the said Attorney or Solicitor's Confession, or otherwise, according to the Course of the
said Court of Exchequer in the like Cases."
Sterling and Folkes.
"Aug. 22, 1648.
"According to your Lordships Order of the 16th of
August Instant, I have considered of the Petition of
Anthony Sterling, and the Matter therein contained
(none attending me for the adverse Party Fowkes);
and I find, that the Petitioner Sterling, in the Beginning of this Parliament, did petition the Lords
Committees for Petitions, to be relieved against a
Sentence in the Star-chamber, whereby he was
sentenced to pay Five Hundred Pounds to the King,
and Three Hundred Eighty Pounds Damages and
Costs to the Plaintiff Folkes. The Lords Committees referred the Consideration of that Petition to the
then Judges of Assize for the County of Suff. and
ordered that an Habeas Corpus should be granted for
the now Petitioner, whereby he may have Liberty
to inform their Lordships of the Grievances contained
in the said Petition. And the Petitioner, having
obtained his Liberty, did procure the Lord Chief
Justice Banks and Mr. Serjeant Whitefeild, then
Judges of Assize for the County of Suff. to hear the
Matters in Difference between him and the said
Folkes; and they, upon hearing thereof, did refer
the same to Law. Afterwards the said Folkes, who
was Plaintiff in the Star-chamber, preferred his Petition to your Lordships, complaining, "That the
said Sterling, having obtained his Liberty by Pretence of the said Habeas Corpus, had got into Possession of his the said Folkes's Lands and Goods;"
the Consideration whereof your Lordships referred
to the Judges, or any Two of them: And thereupon Mr. Baron Trevor, Mr. Justice Pheasant, Mr.
Justice Godbold, and myself, were of Opinion, "That
the Petitioner should be remanded unto the Prison
of The Fleete, where he was formerly in Execution,
until he had paid the said Folkes his Damages and
Costs;" which Certificate your Lordships were pleased
to confirm. But now I find, by the Certificate of
the Warden of The Fleete, that the Petitioner Sterling
was committed for Not-payment of the King's Fine,
and upon a certain Contempt, and not for Payment
of Three Hundred and Four Score Pounds to
Folkes. I therefore conceive it not fit that the Petitioner should be released of his Imprisonment; but
that he should stand committed to the Prison of The
Fleete, in such Condition as he was before the granting of the Habeas Corpus by the Lords Committees.
And if he hath just Cause to be discharged of his
Imprisonment, he may take his legal Course, by
Habeas Corpus, to be delivered; and that your Lordships may be pleased to withdraw your Warrant of
Commitment, grounded upon the Report of Mr.
Justice Godbold and myself, until the Petitioner paid
the said Folkes Three Hundred and Four Score
Pounds, Damages and Costs; it not appearing to
me that he was ever committed for the same.
"All which &c.
"Edw. Atkins."
Adjourn.
House adjourned till 10a
Monday Morning next.