DIE Jovis, 28 die Octobris.
PRAYERS, by Mr. Wilkinson.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. La Warr.
E. of Stamford excused.
Ordered, That the Earl of Stamford is excused for
his not attending this House, as he was ordered, in regard of his ill Health.
Mad. Sabran, a Pass.
Ordered, That Madam Sabran shall be permitted
to go into France, with Ten Horses, and Bag and Baggage; and the Concurrence of the House of Commons
to be desired herein.
Ordered, That the Cause in the Writ of Error
(fn. *) be argued, by Counsel on both Sides, on Monday
King's Children to visit Him.
The Earl of Northumb. acquainting this House,
"That the King's Children intend to wait upon the
King at Hampton Court To-morrow, and to stay there
till Monday next:"
The Lords think it fit that the House of Commons
be acquainted with it, and likewise with the Desire of
the said Earl of Northumb. "That the Houses will be
pleased to afford him the Liberty to acquaint the
Houses whensoever the King shall desire His Children's
coming to Him."
Report of the Conference about the Propositions.
The Speaker reported the Essect of the Conference
with the House of Commons on Tuesday last; which
was, "That whereas their Lordships sent down to them
divers Propositions, to be sent to the King, they have
agreed to divers of them as they were sent down,
without any Alterations; some they have agreed to
with some Alterations; some they have absolutely
laid aside; and have presented some new ones which
were in Agitation before: And they desired, that if
their Lordships do agree to the Propositions, that then
a Committee of both Houses may be appointed, to
consider of the Manner of sending them, and some
other Things incident thereunto.
"The Propositions to which they (fn. †) have agreed to
"1. Concerning the Treaties.
||(Here enter them.)
|2. Abolishing of Bishops.
|3. Cessation of Ireland.
|4. Great Seal.
|6. Oaths and Declarations.
|7. Raising of Monies.
|8. Titles of Honour.
|9. Abolishing of Bishops, and Sale of their Lands.
Then the Proposition concerning the Court of Wards,
was read, and Agreed to. (Here enter it.)
The Proposition for Restitution of Well-affected to
their Places, was read, and Agreed to. (Here enter it.)
The Proposition, as it came now from the House of
Commons, concerning Religion, was read; and Ordered
to be taken into Consideration To-morrow Morning.
The Proposition concerning Delinquents, as it came
now from the House of Commons, was read,
And the Question being put, "Whether to agree
to these Votes, as they came from the House
of Commons, concerning Delinquents?"
It was Resolved in the Negative.
Croker versus Wise & al.
Upon reading the Petition of Henry Croker Esquire,
against Mr. Wise: It is Ordered, That the said Mr.
Wise and Mr. Jackeman shall Personally appear before
this House on Monday next, and bring in the Writings
mentioned in the Petition of Mr. Croker.
Message to the H. C. about the King's Children visiting Him;—Mad. Sabrans Pass;—and Lady Moore's Petition.
A Message was sent to the House of Commons, by
Sir Edw. Leech and Mr. Page:
To acquaint them with the Paper concerning the
King's Children going to the King.
2. To desire their Concurrence, that Madam Sabran
may have a Pass, for herself and her Retinue, and Ten
Horses, with Bag and Baggage, to go into France.
3. To put them in Mind of the Lady Moore's Petition.
Propositions for Peace:
The Question being put, "Whether to adhere to
the Proposition sent down to the House of
Commons concerning Delinquents?"
It was Resolved in the Affirmative.
Next, the Proposition for Sale of the Lands of Deans
and Chapters, was read, and Agreed to.
(Here enter it.)
The Proposition now brought from the House of
Commons, for paying the Arrears due to the Army,
Respited till To-morrow.
Committee to consider of the Manner of presenting them:
Lords Committees appointed by the House, to join
with a Committee of the House of Commons, to consider of the Manner of presenting the Propositions to
the King, and all other Things incident thereunto, and
to put them into such a Form as they are to be presented
unto His Majesty; and to make Report thereof:
|L. Viscount Say & Seale.
L. La Warr.
Their Lordships, or any Five of them, to meet
the 29th of this Instant October, at Nine in the
Morning; and to adjourn themselves from Time
to Time: Their Meeting to be in the Prince's
Conference to be had about them.
Ordered, That, at a Conference with the House
of Commons, they be made acquainted what this House
hath agreed unto of the Propositions, and what the
Lords do not agree unto: and that there is a Committee
appointed of Twelve, the Quorum Five, to go on
upon the Things so agreed; and to put them into such
a Form as they are to be presented to His Majesty.
Propositions to the King, for Peace.
"That an Act of Parliament shall be passed, declaring the King's Approbation of the Making of the
Treaties between the Kingdoms of England and Scotland; videlicet, the large Treaty, the late Treaty for
the coming in of the Scotts Army into England, and
settling the Garrison of Town of Barwick, and the
Treaty concerning Ireland, of the 6th of August,
1642; and that Algernon Earl of Northumberland,
Henry Earl of Kent, John Earl of Rutland, Phillip
Earl of Pembrooke & Mountgom'y, William Earl of
Salisbury, Robert Earl of Warwick, Edward Earl of
Manchester, Edmund Earl of Mulgrave, Henry Earl
of Stamford, William Lord Viscount Say & Seale,
Charles Lord Lawarr, Francis Lord Dacres, Phillip
Lord Wharton, Dudly Lord North, William Lord Grey,
Edward Lord Howard of Escrick, Thomas Lord Bruce,
Ferdinando Lord Fairefax, Mr. Nathaniell Fiennes,
Sir William Armyne, Sir Henry Vane Senior, Mr. William Pierrepont, Sir Edward Aiscough, Sir William
Strickland, Sir Arthur Hesilrigg, Sir John Fenwick,
Sir William Brereton, Sir Thomas Widdrington, Mr.
Toll, Mr. Gilbert Millington, Sir William Constable,
Sir John Wray, Sir Henry Vane Junior, Mr. Henry
Darby, Oliver St. John Esquire His Majesty's Solicitor General, Mr. Alexand'r Rigby, Mr. Cornelius
Holland, Mr. Samuell Vassall, Mr. Peregrine Pelham,
Mr. Henry Martin, Mr. Alderman Hoyle, Mr. John
Blackston, Mr. Serjeant Wyld, Mr. Richard Barwis,
Sir Anthony Irby, Mr. Ashurst, Mr. Bellingham, and Mr.
Tolson, Mr. George Fennick, Mr. Henry Lawrence, and
Mr. Francis Allen, or any Nine of them, whereof
Three of the House of Peers and Six of the House
of Commons to be present, shall be the Commissioners
for the Kingdom of England, for (fn. *) Conservation of
the Peace between the Two Kingdoms, to act according to the Powers in that Behalf expressed in the
Articles of the large Treaty, and not otherwise.
Concerning abolishing Bishops.
"That an Act of Parliament be passed, for the utter
abolishing and taking away of all Archbishops, Bishops, their Chancellors and Commissaries, Deans
and Sub-deans, Deans and Chapters, Archdeacons,
Canons, and Prebendaries; and all Chanters, Chancellors, Treasurers, Sub-treasurers, Succentors, and
Sacrists, and all Vicars Choral and Choristers, Old
Vicars and New Vicars of any Cathedral or Collegiate
Church, and all other their Under Officers, out of
the Church of England, and Dominion of Wales, and
out of the Church of (fn. †)
Cessation of Ireland.
"That an Act of Parliament be passed, to declare
and make void the Cessation of Ireland, and all
Treaties and Conclusions of Peace, or any Articles
thereupon, with the Rebels, without Consent of both
Houses of Parliament; and to settle the Prosecution
of the War of Ireland in both Houses of the Parliament of England, to be managed by them in such
Sort, and by such Ways and Means, as they shall
think fit and appoint; and the King to assist, and
to do no Act to discountenance or molest them
"That all Grants, Commissions, Presentations, Writs,
Process, Proceedings, and other Things, passed under the Great Seal of England in the Custody of the
Lords and others Commissioners appointed by both
Houses of Parliament for the Custody thereof, be,
and by Act of Parliament with the Royal Assent
shall be, declared and enacted to be of like full Force,
to all Intents and Purposes, as the same or like
Grants, Commissions, Presentations, Writs, Process,
Proceedings, and other Things, under any Great Seal
of England, in any Time heretofore, were or have
been; and that, for Time to come, the said Great
Seal, now remaining in Custody of the Commissioners;
continue and be used for the Great Seal of England;
and that all Grants, Commissions, Presentations, Writs,
Process, Proceedings, and other Things whatsoever,
passed under or by any Authority of any other Great
Seal, since the Two and Twentieth Day of May,
1642, or hereafter to be passed, be invalid, and of
no Effect, to all Intents and Purposes, except such
Writs, Process, and Commissions, as, being passed
under any other Great Seal than the said Great Seal
in the Custody of the Commissioners aforesaid, on or
after the said 22th Day of May, and before the 28th
Day of November, 1643, were afterwards proceeded upon, returned into, or put in Ure in, any the King's
Courts at Westm'r; and except the Grant to Mr.
Justice Bacon, to be One of the Justices of the King's
Bench; and except all Acts and Proceedings by virtue
of any such Commissions of Gaol Delivery, Assize,
and Nisi Prius, or Oyer and Terminer, passed under
any other Great Seal than the Seal aforesaid, in
Custody of the said Commissioners, before the First
of October, 1642; and that all Grants of Offices,
Lands, Tenements, or Hereditaments, made or passed
under the Great Seal of Ireland, unto any Person, or
Persons, Bodies Politic or Corporate, since the Cessation made in Ireland, the 15th Day of September,
1643, shall be null and void; and that all Honours
and Titles conferred upon any Person or Persons in
the said Kingdom of Ireland, since the said Cessation,
shall be null and void.
Militia, and raising Forces by Sea and Land.
"That the Lords and Commons in the Parliament of
England assembled shall, during the Space of Twenty
Years, from the First of November, 1640, arm,
train, and discipline, or cause to be armed, trained,
and disciplined, all the Forces of the Kingdoms of
England and Ireland, and Dominion of Wales, the
Isles of Guernesey and Jersey, and the Town of Barwick upon Tweed, already raised, both for Sea and
Land Service, and shall appoint all Commanders and
Officers for the said Forces; and shall, from Time
to Time, during the said Space of Twenty Years,
raise, levy, arm, train, and discipline, or cause to be
raised, levied, armed, trained, and disciplined, any
other Forces, for Land and 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 shall, from Time to Time, appoint all
Commanders and Officers for the said Forces, or remove them, as they shall see Cause; and shall likewise
nominate, appoint, place, or displace, as they shall
see Cause, all Commanders and Officers, within the
several Garrisons, Forts, and Places of Strength, as
shall be within the Kingdoms of England, Ireland,
and Dominion of Wales, the Isles of Guernesey and
Jersey, and Town of Berwick upon Tweede; 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, in
such Sort, and by such Ways and Means, as they
shall think fit and appoint,
"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 Guernesey and Jersey, and the
Town of Berwick upon Tweede, or any of
"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 Guernesey and Jersey, and
the Town of Berwicke upon Tweede, or any
"3. To join such Forces of the Kingdom of England with the Forces of the Kingdom of
Scotland, as the said Lords and Commons
shall, from Time to Time, during the said
Space of Twenty Years, judge fit and necessary, to resist all Foreign Invasions; and
to suppress any Forces raised, or to be raised,
against or within either of the said Kingdoms,
to the Disturbance of the Public Peace of
the said Kingdoms, or any of them, by any
Authority under the Great Seal, or other
Warrant whatsoever, without Consent of the
said Lords and Commons of the Parliament,
and the Parliament or the Estates of the Parliament of Scotland, respectively; and that no
Forces of either Kingdom shall go into, or
continue in, the other Kingdom, without the
Advice and Desire of the said Lords and
Commons of the Parliament of England, and
the Parliament of the Kingdom of Scotland,
or such as shall be by them appointed for
"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 Guernesey
and Jersey, and the Town of Berwick upon Tweed,
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 or Land, of the Kingdoms of England and Ireland, the Dominion of Wales, Isles of Guernsey and
Jersey, and the Town of Berwick 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 of 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 or Acts of
Parliament, and shall be as valid to all Intents and
Purposes as if the Royal Assent had been given thereunto.
"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 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 (fn. *) settling of this present
Parliament; 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.
Oaths and Declarations.
"Whereas both Houses of the Parliament of England have been necessitated to undertake a War, in
their just and lawful Defence; (fn. *) that all Oaths, Declarations, and Proclamations, heretofore had, or hereafter to be had or made, against both or either of the
Houses, of the Parliament of England, or Committees flowing from the Parliament, or their Ordinances and Proceedings, 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 to be publicly declared, in all Parish
Churches and all other Places needful.
"That an Act of Parliament be passed for Indemnity, agreeable to the two Ordinances of both Houses
already passed for that Purpose.
"That the King do give His Royal Assent to such
Act or Acts, for raising of Monies, for the Payment
and Satisfying of the Public Debts of the Kingdom,
and other Public Uses, as shall hereafter be agreed
on by both Houses of Parliament; and that, if the
King do not give His Assent thereunto, then, it being
done by both Houses of Parliament, the same shall
be as valid to all Intents and Purposes as if the Royal
Assent had been given thereunto.
Titles of Honour, since the Great Seal was carried to the King.
"That, by Act of Parliament, all Peers made since
the Day that Edward Lord Litleton, then Lord
Keeper of the Great Seal, deserted the Parliament,
and that the said Great Seal was surreptitiously conveyed away from the Parliament, being the 21th
Day of May, 1642, and who shall be hereafter made,
shall not sit or vote in the Parliament of England,
without Consent of both Houses of Parliament; and
that all Honour and Title conferred on any, without
Consent of both Houses of Parliament, since the 20th
of May, 1642, being the Day that both Houses declared, "That the King, seduced by evil Counsel,
intended to raise War against the Parliament," be
declared null and void.
Abolishing Bishops, and Sale of their Lands.
"That the several Ordinances, the one intituled,
"An Ordinance of Parliament for abolishing of
Archbishops and Bishops, within the Kingdom of
England and Dominion of Wales, and for settling of
their Lands and Possessions upon Trustees, for the
Use of the Commonwealth;" the other intituled,
"An Ordinance of the Lords and Commons assembled in Parliament, for appointing the Sale of
Bishops Lands, for the Use of the Commonwealth,"
be confirmed by Act of Parliament.
Taking away the Court of Wards.
"That His Majesty be desired to give His Assent
to an Act of Parliament, for the taking away of the
Court of Wards and Liveries, and of all Wardships,
Liveries, Primer Seisins, and Ouster le Maines, and of
all other Charges incident unto, or arising for or
by reason of, any Wardships, Liveries, Primer Seisins,
or Ouster le Maines, and of all Tenures of Homage,
Fines, Licences, Seizures, and Pardons for Alienation, and of all other Charges incident or belonging
thereunto, or for or by reason thereof, from the 24th
Day of February, which was in the Year of our
Lord God 1645; and that all Tenures by Knight
Service, Grand Serjeanty, Petty Serjeanty, or Soccage in Capite, either of His Majesty, or of any other
Person or Persons, may be, from the Time aforesaid,
turned into Free and Common Soccage; and that
the Sum of Fifty Thousand Pounds per Annum be
granted to the King, by Way of Recompence.
Restitution of Persons to their Places who have adhered to the Parliament.
"That the Matter of this Proposition following
shall be sent to the King, for His Consent; (videlicet,)
"That the Members of both Houses of Parliament,
or others who have adhered to the Parliament, and
have been put out by the King of any Place or Office, Pension or Benefit, be restored thereunto.
"That the Matters that shall be now sent to the
King shall be sent by Way of Proposition.
Sale of Chapter Lands.
"That a Proposition be prepared to be now sent
to the King, to desire Him to give His Consent to
such Act or Acts as shall be tendered unto Him by
both Houses of Parliament, for the Sale of the Lands
of Deans, Deans and Chapters, &c. and for the Disposal thereof in such Manner as both Houses shall
Pass for Mons. Ballieure, the French Ambassador, to return Home.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Mr. Ballieure,
Lord Ambassador Extraordinary (fn. *) to the French King,
with his whole Retinue, be permitted to pass to any
Port of this Kingdom, to be transported into France;
his Lordship taking with him Thirty-nine Horses
or Nags, and Four Mares, Custom and Impost-free,
Ten Couple of Hounds, as also his Lordship's Bag
and Baggage, and Necessaries for the Journey, without the Lett, Disturbance, Molestation, or Hindrance,
of any Person or Persons whatsoever: And further
it is Ordered, That all Civility and Respect be
given unto the said Lord Ambassador, and to all his
Followers, as is due to a Person of such Degree and
Quality: And herein Obedience is to be given, as
the contrary will be answered.
"To all in Command under the Parliament,
both by Sea and Land; and to all Commissioners, Comptrollers, and other Officers, belonging to the Customs; and to
all other Person and Persons whatsoever."
Wood to be instituted to Aston Somervile.
Ordered, That Doctor Aylett give Institution and Induction unto William Wood Clerk, to the Rectory of Aston Somervile, in the County of Gloucester, void by the
Resignation of the last Incumbent; salvo Jure cujuscunque; he taking the National League and Covenant:
Presentation under the Great Seal.
Mad. Sabran, a Pass, to return to France.
"Ordered, by the Lords and Commons assembled
in Parliament, That Madam Sabran shall be permitted to go, with her own Company, to any Port
of this Kingdom, to embark themselves for France,
taking with them Ten Horses, Bag and Baggage,
Custom and Impost-free, without the Lett or Hindrance of any Person whatsoever: And this to be a
sufficient Warrant in that Behalf.
"To all in Command under the Parliament;
and to all Commissioners, &c."