DIE Mercurii, 11 die Octobris.
PRAYERS, by Dr. Smyth.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Col. Sydney to be Lieutenant of Dover.
An Ordinance was brought in, for making Colonel
Sydney Lieutenant of Dover Castle; which, being read
Twice, was Agreed to, and ordered to be sent to the
House of Commons for their Concurrence.
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,
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.
Upon reading the Petition of Edward Scott:
It is Ordered, That he shall have further Time till
the First Day next Term, to put in his Answer to his
Letter, &c. from the Commissioners with the King.
A Letter from the Commissioners in the Isle of Wight,
treating with the King, with several Papers inclosed,
were read. (Here enter them.)
Ordered, That these Papers shall be taken into
Consideration on Friday Morning next.
Message to the H. C. with Col. Sidney's Ordinance.
A Message was sent to the House of Commons, by
Dr. Bennett and Mr. Hakewill:
To deliver to them the Ordinance concerning Colonel
Sydney, and desire Concurrence therein.
Ly. Lauderdale, a Pass.
Ordered, That the Lady Lauderdaill shall have a
Pass, for herself and Servants, to go into Holland.
Ld. Howard of Charlton, to come Home.
Ordered, That the Lord Howard of Charlton shall
have a Pass, to come over into England, from beyond
Cooper, a Pass.
Ordered, That Richard Cooper shall have a Pass,
to go to the Isle of Wight.
Letter and Narrative concerning Tattershall Castle.
A Letter written to the Earl of Manchester, from the
Committee of the County of Lyncolne, concerning Tattersall Castle, was read. (Here enter it.)
Also De Luke, upon Oath, made a Narrative,
how the Governor of Tattershall Castle escaped out of
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. *) their Consent.
Toll's Ordinance to be Comptroller of Lynn.
Upon reading the Affidavit of Sam. Daniell:
It is Ordered, That the Ordinance concerning Mr.
Toll to be Comptroller of the Customs of Lynn, shall be
read To-morrow Morning.
Ld. North, Leave to be absent.
Ordered, That the Lord North hath Leave to be
absent for a Week.
Letter from the Commissioners with the King; with the following Papers about the Treaty.
"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro
Tempore, at Westm'r.
"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
Newport, 9 Octobr. 1648.
"Most humble and faithful Servants,
"Pembroke & Mount.
"W. Say & Seale."
(fn. * *) The King's First Paper, in Answer to the Propositions for the Church.
"1. Charles R.
"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.
"And will, by Act of Parliament, confirm for Three
Years the Directory for the Public Worship of God,
in the Kingdoms of England and Ireland, and Dominion of Wales.
"And likewise confirm for Three Years, by Act of
Parliament, the Form of Church Government which
you have presented to Him, to be used for the
Churches of England and Ireland, and Dominion of
"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
"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.
"And in case such Leases shall not suffice, His Majesty will propound and consent to some other Way,
for their further 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.
"His Majesty will consent to an Act for the better
Discovery and speedy Conviction of Popish Recusants,
as is desired in your Propositions.
"And also to an Act for the Education of the Children of Papists in the Protestant Religion.
"As also to an Act for the true levying of the Penalties against Papists, to be levied and disposed in
such Manner as both Houses shall agree on, and as
is proposed on His Majesty's Behalf.
"As also to an Act to prevent the Practices of Papists against the State; and for putting the Laws in
Execution, and for a stricter Course, to prevent hearing or saying of Mass.
"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.
"Newport, the 30th of Sept. 1648.
"Ex'r, Copia vera,
* * The Commissioners Paper concerning the Declaration of both Houses.
"2. Newport, the 30th of September, 1648.
"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
"Ex'r, Copia vera,
"3. Newport, 30th of Sept. 1648.
* * 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:
"1. Your Majesty saith nothing of consenting to a
Bill for the utter abolishing and taking away of Archbishops, Bishops, &c. out of the Churches of England and Ireland, and Dominion of Wales.
"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
"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. *) 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
"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.
"Newport, the 4th of October, 1648.
* * 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. †) (since
sent by Your Majesty to the Houses), and have declared it contrary to our Instructions, and no Ways
"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.
"Newport, 6 Octobr. 1648.
* * 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.
"Ex. Copia vera,
* * 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. *) 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
"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
"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.
"Newport, the 9th of October, 1648.
"Newport, the 9th of October, 1648.
* * 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.
"Newport, the 9th of October, 1648.
* * Propositions concerning the Militia.
"We humbly desire Your Majesty to give Your
Royal Assent to the Propositions following
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.
"And the said Lords and Commons, during the said
Space of Twenty Years, shall have Power,
"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
"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
"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
"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
"That The Tower of London may be in the Government of the City of London; and the Chief Officer
and Governor thereof, from Time to Time; to be
nominated and removeable by the Common Council.
"Ex'r, Copia vera,
** The King's Answer to the Propositions concerning the Militia.
"In Answer to your Proposition concerning the Militia delivered in this Day; His Majesty doth thereunto consent, as is desired.
"Newport, 9s Octobr. 1648.
"Newport, the 9th of October, 1648.
* * 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.
"For the Right Honourable Edward Earl of
Manchester, Speaker of the House of Peers.
These. Humbly present.
"May it please your Lordship,
"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. *) 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
Lincolne, Ult. Sept. 1648.
"Most humble Servants,
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 Information of Robert De Luke, concerning
the Governor of Tottershall Castle, upon
"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
"Rob't De Luke."
House adjourned till 10a cras.