DIE Martis, 23 die Junii.
PRAYERS, by Mr. Salawey.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Answers from the H. C.
Answer returned from the House of Commons, by
Sir Edward Leech and Mr. Page:
That the House of Commons doth agree with their
Lordships in the Ordinance of Hull: (Here enter it.)
And to the rest, they will send an Answer by Messengers of their own.
Doctor Heath and Mr. Page returned likewise Answer:
That they do agree to communicate the Propositions
to the Scotts Commissioners, as is desired by your
Message from thence, with Ordinances.
A Message was brought from the House of Commons,
by Sir Tho. Witherington Knight, &c.
1. To desire Concurrence in several Ordinances.
2. To put their Lordships in Mind of passing the
Ordinance for making of Captain Batten Governor of
The Holy Island.
The Answer returned was:
That this House hath passed the Ordinance concerning Captain Batten: To all the rest of the Particulars,
this House will take them into Consideration, and send
an Answer by Messengers of their own.
L. Morley to have an Allowance out of his Estate.
Upon reading the Petition of the Lord Morley; desiring "he may have some Maintenance allowed him,
for his Support:"
It is Ordered, To be specially recommended to the
House of Commons, for some Allowance to be assigned
him, out of his Estate, for his Support.
Paper from the Scots Commissioners, that the Marquis of Argyle is come to communicate Business to the Houses.
A Paper was brought into this House, from the Scotts
"The Lord Marquis of Argilc being lately come hither, and to communicate some Thinges to both
Houses which hee hath in Commaund; wee have
thought fitt to desire your Lordships to acquaint the
Honorable Howses therewith, that it may bee done at
such Time, and in such Manner, as they shall thinke
22 June, 1646.
"By Commaund of the Commissioners
for the Parliament of Scotland.
Committee to meet about it.
Upon reading of which Paper, the Lords did appoint a Committee of Twenty, to meet with a proportionable (fn. *) Number of the House of Commons, on Thursday
next, at Two post Meridiem, in the Painted Chamber;
and that such other Lords as pleased might be present.
The Lords Names:
|L. Viscount Say & Seal.
L. (fn. †)
Sir Edward Leech and Mr. Page to the House
of Commons with the Paper, and desire their Meeting
Colonel Lylburn committed to Newgate close Prisoner.
This Day a scandalous Pamphlet was brought into
this House, printed, intituled, "The Freeman's Freedome
vindicated;" reported to be made by Lieutenant Conel Lylburne; which was read.
The House Ordered, He should be brought into
this House as a Delinquent, being formerly committed
as a Delinquent. And he, the said Lieutenant Colonel
Lylburne, refused to kneel as a Delinquent at the Bar.
Hereupon this House Ordered, That the said Lylburnc, for this Contempt to this House, shall for the present be committed close Prisoner to Newgate; and that
none be suffered to resort to him, nor any Pen and Ink
to be allowed him, until this House take further Order
King's Counsel to draw up a Charge against him.
And it is further Ordered, That the King's Counsel, with the Assistance of Mr. Hayles, Mr. Herne, and
Mr. Glover, shall consider of all Particulars, Books, and
Pamphlets, of the said Lylburne's, which this House is
possessed of, and the Protestation to this House, and
draw up a Charge against the said Lylburne, and present the same to this House with what convenient Speed
they can; and have Liberty to search Records.
Colonel Booker protected, till his Arrears are paid.
Upon reading the Petition of Lieutenant Colonel
Booker; complaining, "That he being employed in the
immediate Service of the State for Ireland, as appeared by Certificate and there being much Money
owing to him by the State; but he is threatened to
be arrested for other Mens Debts."
It is therefore Ordered, That the said Lieutenant
Colonel Booker shall be protected in his Person from
any Arrests, until the State do pay him his Arrears due
unto him; and that all whom it concerns do take Notice hereof.
Ordinance to settle the Garrison of Hull.
"An Ordinance for the settling and establishing
of the Pay of the Garrison of Kingston upon
"Whereas Sir Thomas Fairefax Knight, Commander in
Chief of the Forces raised by the Parliament for the
Defence of the Kingdom, was, the Sixteenth Day of
April, 1645, appointed and approved, by the Lords
and Commons in this present Parliament assembled,
to be Governor of Kingston upon Hull; and whereas
the said Town is a maritime Garrison, eminent for
Situation and Strength, and of great Concernment
for the Safety of the Northern and other Parts of the
Kingdom; and that it is necessary that there should
be a Garrison continued there, and a certain Pay
established for the Maintenance of the same: Which
the Lords and Commons now assembled in Parliament
taking into their serious Consideration, do Order and
Ordain, and be it Ordered and Ordained by the
said Lords and Commons, That, for the Support and
Maintenance of the Forces of the said Garrison of
Kingston upon Hull, the Castle, Forts, and Blockhouses,
under the Command of the said Sir Thomas Fairefax,
according to the Establishment appointed, or to be
appointed, by both Houses of Parliament, that the
Sum of Three Hundred and Forty Pounds each Month
(or one Fourth Part thereof Weekly) be paid to the
Pay-master of the said Garrison, cut of the Monies
due, raised, or to be raised, by the Commissioners or
Sub-commissioners for the Time being of the said
Town and Port of Kingston upon Hull, in Pursuance of
an Ordinance of the Lords and Commons in Parliament, of the Eleventh of September 1643, for the
Excise and New Impost; and that also there be paid
the Sum of Nine Hundred Four Score and Four
Pounds, and Eight Shillings each Month (or One
Fourth Part thereof Weekly) to the said Pay-master,
by the Commissioners for the Customs, or by the
Collector or Collectors of the said Town and Port,
out of such Monies due, or becoming payable, for
Custom or Impost of Goods and Merchandize exported or imported, to and for the Pay of the said Garrison, according to the said Establishment, amounting
to One Thousand Three Hundred Twenty-four Pounds
and Eight Shillings per Month; and that likewise there
be paid by the Collectors of the Customs the Sum of
Thirty Pounds each Month to the said Pay-master,
upon Accompt, for the defraying of incident and necessary Charges of the said Garrison; the said respective Payments to begin from the First Day of January,
1645, and to continue until the First Day of January
next, 1646, unless both Houses of Parliament shall
take Order to the contrary; and that the said Paymaster his Receipt from Time to Time for the same
shall be a sufficient Discharge to every of the Commissioners for the Customs or Excise, and for their Collectors, Deputies, or Sub-commissioners, or any of
them; all which Monies so to be received by the said
Pay-master is to be disbursed and paid by Order of
the said Sir Thomas Fairefax, or such as are or shall
be by him appointed and authorized for the Government of the said Town and Garrison, from
Time to Time, according to the true Meaning of
this present Ordinance: And be it farther Ordained, That such Sums of Money as the Commissioners or Collectors of the Customs of the said Town
and Port have paid since the 12th of August last,
upon the Desire of the Deputy Governor of the
said Town, to the Pay-master of the said Garrison,
upon Accompt, towards the Payment of the same,
that the said Commissioners or Collectors shall be
allowed the same upon their Accompts: And it
is further Ordained, by the Lords and Commons in
Parliament, That the said Sir Thomas Fairefax, or
such to whom he hath or shall for the Time being
commit the Government of the said Garrison of the
Town and County of Kingston upon Hull, calling
unto him, or any of them, the Officers of the said
Garrison, according to the Course of War, shall
have Power, and is hereby authorized, to execute
Martial Law, within the said Town of Kingston upon
Hull and County of the same Town, according to
the Articles published in Print, under the Title of
"Laws and Ordinances of War, "and established,
for better Conduct of the Army, by his Excellency
the Earl of Essex Lord General of the Forces raised
by the Authority of the Parliament, for the Defence of the King and Kingdom; which Articles also,
with the Enlargements thereof, are authorized by
the said Earl, by Warrant under his Hand, dated
the 25th of November, 1643, to be printed, and
now used in the Army under the Command of the
said Sir Thomas Fairefax; or which shall be agreed
upon by both Houses of Parliament: Provided, That
this Part of this present Ordinance concerning Martial Law, or any Thing therein contained, shall not
extend to any Person or Persons abiding within the
said Town or County of Kingston upon Hull, except
Officers and Soldiers in Pay, unless such Person or
Persons as shall offend against any of the Articles
1. No Person whatsoever shall from henceforth
voluntarily repair or go, from the Garrison of
the Town of Kingston upon Hull, unto the Person of the King or Queen, or Lords of the
Council abiding with Him or Her, or to any
Commander or Officer of the King's Army, or
shall give or hold any Intelligence, by Letters,
Messages, or otherwise, with any in Arms against
the Parliament, without Consent of both Houses
of Parliament, or Committee of both Kingdoms, or the General of the Forces raised by
the Two Houses, or such Person as is or shall
be authorized Governor of the said Garrison,
upon Pain of Death, or other Corporal Punishment at Discretion.
2. Whosoever shall plot, contrive, or endeavour,
the betraying, surrendering, or yielding up to
the Enemy, or shall, contrary to the Rules of
War, surrender, yield up, or betray, the said
Town of Hull, the Castle, Forts, or Blockhouses, or any Part thereof, shall be punished
3. No Person or Persons whatsoever, not under
the Power of the Enemy, shall voluntarily relieve any Person being actually in Arms against
the Parliament, and knowing him to have been
so to be in Arms, with Ammunition, or with Money or Victuals; except such as have compounded
for their Delinquency, or then being Prisoners
in the said Garrison, or shall voluntarily or
knowingly harbour or receive any being in Arms
as aforesaid, upon Pain of Death, or other
Corporal Punishment at Discretion.
4. No Officer, Soldier, or any other Person whatsoever, shall make any mutinous Assemblies, or
be assisting thereunto, upon Pain of Death.
5. No Guardian or Officer of any Prison shall
wilfully suffer any Prisoner of War to escape,
under Pain of Death; or negligently, under
Pain of other Corporal Punishment at Discretion.
"6. Whosoever shall voluntarily take Arms against
the Parliament, having taken the National Covenant, shall die without Mercy.
"7. Whatsoever Officer, Commander, or Soldier,
hath deserted, or shall desert his Trust, and
adhere to the Enemy, shall die without Mercy.
"8. Whosoever shall come out of the King's Army
or Garrisons, or hath within the Space of One
Month been in the King's Army, or any of
His Garrisons, and shall come to the Garrison
of Hull aforesaid without a Pass from One or
both Houses of Parliament, or from Sir Thomas
Fairefax the General, or without Drum or
Trumpet, and shall not within Twenty-four
Hours render himself to him that hath or shall
have the Government of the said Town committed to him, shall be proceeded against as a
Spy, and shall die without Mercy:
9. Whosoever shall come as a Spy into the said
Town and Garrison, and who, by virtue of any
Ordinance or Declaration of both Houses of
Parliament now in Force, shall be found to be
a Spy, shall be liable to such Punishment as
by the Course of War is usual in such Cases.
In any of which Case or Cases, the said
Sir Thomas Fairefax, or such Person as
he hath or shall commit the Government
of the said Town and Garrison unto, together with the Officers of the Garrison,
according to the Course of War as aforesaid, may and are hereby authorized and
enabled to receive all Accusations, Articles, Complaints, and Charges, against all
or any the Offenders aforesaid, and to examine the Delinquents and Parties charged;
and to administer Corporal Oaths to all
Witnesses not being Peers of this Realm,
and them to examine upon Oath before or
at the Trials as the Cases may require;
and to proceed against such Person or Persons as shall at any Time offend against the
said recited Articles, or any of them; and
to inflict such Punishment upon such Offenders in such Manner as by the said
recited Articles is respectively directed.
And be it further Ordained, That the Mayor and
Sheriffs for the Time being, Justices of Peace, and
all other Officers in the said Town and Garrison,
shall be aiding and assisting in the Execution of the
Premises; and that the said Sir Thomas Fairfax,
and such Person or Persons as shall do any Act concerning Martial Law, or be aiding and assisting
therein, or in the Execution of any other Clause,
Matter, or Thing, contained in this Ordinance, shall
be saved harmless and indemnified by Authority of
both Houses of Parliament.
"Provided, That this Ordinance, or any Thing
therein contained, shall not extend to any of the
Peers of this Realm, or to any of the Members of
the House of Commons, or to any Assistant of the
House of Peers, or to the Prejudice of the Civil
Government of the said Town.
"Provided always, and be it Ordained, That no Sentence shall be pronounced against any Person or Persons in Pursuance of the recited Articles, but upon
the Testimony of Two credible Witnesles, or upon
the Confession of the Party accused without Constraint."
Col. Lylburne committed close Prisoner to Newgate.
"It is this Day Ordered, by the Lords in Parliament assembled, That John Lylburne shall stand
committed close Prisoner to the Prison of Newgate;
being questioned for Two scandalous, seditious, and
most dangerous Pamphlets, tending to raise Sedition
in this Realm, and to subvert the fundamental Laws
and Government of this Kingdom; and also containing scandalous Matter against this House, and
some Members of the same; and that he be not permitted to have Pen, Ink, or Paper; and that none
shall have Access unto him in any Kind, but only
his Keeper, until this Court doth take further Order."
House adjourned till 10a cras.