DIE Lunæ, videlicet, 29 die Aprilis.
PRAYERS, by Mr. Ashe.
Domini præsentes fuerunt:
Ds. Grey de Warke, Speaker.
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L. General. Comes Kent. Comes Pembrooke. Comes Sarum. Comes Bolingbrooke. Comes Rutland. Comes Northumb. Comes Lyncolne. Comes Suffolke. Comes Stamford. |
Ds. Howard. Ds. Willoughby. Ds. Bruce. Ds. Hunsdon. Ds. Wharton. |
Answers from the H. C.
Sir Edward Leech and Dr. Aylett, sent on Saturday
last to the House of Commons, return with this Answer:
That they will take the Earl of Mulgrave's Petition
into speedy Consideration.
Mr. Serjeant Whitfield, &c. sent to the House of
Commons on Saturday, return with this Answer:
That they have nominated a Committee, to join with
a Committee of Lords, to examine the Business concerning the Lord General; and that they shall meet, as
is appointed.
E. of Carnarvon & al. to have a Pass to go beyond Sea.
Ordered, That the Earl of Carnarvan shall have a
Pass, to transport him for Geneva, taking with him
John Saladin, Mary Saladin, Herbert Saladin, Fredericke
Primerose, Rouvet, and Isaacke de Caus, with Three
Nags, for his Lordship's Use, and such Necessaries as
are fit for their Travel.
Message to the H. C. with it, and the E. of Bedford's Petition.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To deliver to them the Petition of the Earl of Bedford, with a Recommendation from this House.
2ly, To desire their Concurrence in the Pass for
the Earl of Carnarvan and his Company, to travel for
Geneva.
Report of Examinations concerning L. Willoughby and Col. King.
The Earl of Lyncolne reported from the Committee,
That they have taken divers Examinations of the
Lord Willoughbie's Charge against Colonel Kinge, and
Colonel King's Charge against his Lordship, for the
Miscarriage of the Business at Newarke.
Concerning the Charge of Colonel King against the
Lord Willoughby; the Lord Willoughby, conceiving himself to be a Commander under the Lord General, is
willing of his own Accord to wave his Privilege of
Parliament for this Time, and to submit himself to the
Trial of a Council of War, if their Lordships think
it fit.
"Concerning the Charge of the Lord Willoughby against
Colonel Kinge; the Committee hath examined Colonel
Kinge, and he hath confessed and avows the Remonstrance published in Lyncolneshire, wherein the Lord
Willoughby and his Officers are highly concerned.
And Colonel Kinge likewise hath confessed and
avows the Opening of the Lord Willoughbie's Letter.
"The rest of the Charge he denies; which will require some Time, for the Lord Willoughby to produce his Witnesses to prove it, who are now in the
Country."
Hereupon this House, upon the free Offer and Desire of the Lord Willoughby, gave Leave to the Lord
Willoughby to wave his Privilege, that it might be tried
by a Council of War, by Directions of the Lord General.
Ordered, That this House will hear the Witnesses
of the Lord Willoughby, at this Bar, on Thursday Morning, concerning the Lord Willoughbie's Charge against
Colonel Kinge, and will then take the Business into Consideration.
Message from the H. C. to expedite the Ordinance to continue the Association of the Counties of Essex, Suffolk, &c. under the E. of Manchester.
A Message was brought from the House of Commons,
by Sir Tho. Barrington Baronet, and others:
To desire their Lordships Expedition in the Ordinance
concerning the renewing the Ordinance concerning the
associated Counties under the Command of the Earl of
Manchester.
Ordered, That the Committee for this Ordinance
meet presently, to consider of it.
The Answer returned was:
Answer.
That their Lordships will send an Answer by Messengers of their own.
Message from the H. C. to expedite the Ordinance for excluding Members who have deserted the Houses.
A Message was brought from the House of Commons,
by Sir Rob't Harley Knight, and others:
To desire their Lordships, that Expedition might be
given to the Ordinance concerning excluding the Members of both Houses that have deserted the Parliament,
which came from this House to the House of Commons;
and they returned the same again with some Alterations.
Ordered, That this House will take this Business
into Consideration on Wednesday Morning next; and all
Lords in Town are to have Notice to attend this House
then.
The Answer returned was:
Answer.
That this House will send an Answer to this Message
by Messengers of their own.
Report of Examinations concerning Speeches against the L. General.
Upon the Report of the Committee concerning the
Lord General's Business, and upon reading the Examinations of Edmond Potts and Charles Flood, touching
Words spoken by Mr. Baul and Serjeant Major Taylor,
against the Lord General and his Officers: It is Ordered, That the said Baul and Major Taylor be committed to the safe Custody of the Gentleman Usher attending this House, there to remain until the Pleasure
of this House be further known.
Report from the Committee of both Kingdoms, of Propositions for a Peace.
The Earl of Northumb. reported, "That the Committee of both Kingdoms hath drawn Propositions for
Peace;" which the House received, and read, and
Ordered to be taken into Consideration on Wednesday
Morning next. (Here enter them.)
"Propositions prepared by the Committee of both
Kingdoms, for a safe and well-grounded Peace,
to be presented to both Houses of the Parliament of England, and to the Convention of
Estates in Scotland, or their Committees, to be
by them reviewed and considered; and then,
by the mutual Advice and Consent of both
Kingdoms, to be perfected.
The Propositions.
"1. That, by Act of Parliament in each Kingdom
respectively, all Oaths, Declarations, and Proclamations, against both Houses of the Parliament of
England, the late Convention of the Estates of
Scotland, or their Ordinances and Proceedings, or
against any for adhering unto them, be annulled,
suppressed, and forbidden, in all His Majesty's Dominions.
"2. That an Act of Parliament be passed, in both
Kingdoms respectively, for enjoining the taking the
late solemn League and Covenant by all the Subjects of the Three Kingdoms; and the Ordinances
concerning the Manner of taking the same in both
Kingdoms be confirmed by Acts of Parliament respectively, with such Penalties as by mutual Advice of
both Kingdoms shall be agreed upon.
"3. That the Bill be passed, for the utter Abolition
of Episcopacy, with such Alterations concerning the
Estates of Prelates, as, upon Consideration of the
Treaty and joint Declaration of both Kingdoms, shall
be found necessary.
"4. That the Ordinances concerning the Calling and
Sitting of the Assembly of Divines be confirmed by
Act of Parliament.
"5. That Reformation of Religion, according to the
Covenant, be settled by Act of Parliament, in such
Manner as both Houses shall agree upon, after Advice had from the Assembly of Divines; and forasmuch as both Kingdoms are mutually obliged, by
the same Covenant, to endeavour the nearest Conjunction and Uniformity in Matters of Religion, that
such Unity and Uniformity in Religion, according to
the Covenant, as, after Consultation and Advice had
from the Divines of both Kingdoms now assembled,
shall be jointly agreed upon by both Houses of the
Parliament of England, and by the Church and Kingdom of Scotland, be confirmed by Acts of Parliament
of both Kingdoms.
"6. That, for the more effectual disabling Jesuits,
Priests, Papists, and Popish Recusants, from disturbing the State, and (fn. *) eluding the Laws, and for the
better discovering and speedy Conviction of Recusants,
an Oath be established, by Act of Parliament, to be
administered to them, wherein they shall abjure and
renounce the Pope's Supremacy, the Doctrine of
Transubstantiation, Purgatory, Worshiping of the
Consecrated Host, Crucifixes, and Images; and refusing the said Oath, being tendered in such Manner
as shall be appointed by the said Act, to be a sufficient
Conviction in Law of Recusancy.
"7. An Act of Parliament for Education of the
Children of Papists by Protestants, in the Protestant
Religion.
"8. An Act for the true Levy of the Penalties
against them; which Penalties to be levied and difposed in such Manner as both Houses shall agree on;
wherein to be provided, that His Majesty shall have
no Loss.
"9. That an Act be prepared whereby the Practices
of Papists against the State may be prevented, and
the Laws against them duly executed, and a stricter
Course taken to prevent the Saying or Hearing of
Mass in the Court, or any other Part of this Kingdom.
"10. The like for the Kingdom of Scotland concerning the Four last Propositions, in such Manner as the
Estates of Parliament there shall think fit.
"† To be lest to the Houses, to name such Bills and Ordinances as they shall think fit.
"11. That the King do give His Assent to †
Bills and Ordinances, and give Assurance of His consenting, in the next Parliament of Scotland, to
an Act, ratifying the Acts of the Convention
of the Estates of Scotland, called by the Council and
Conservators of Peace, and assembled the Day of
June, 1643, and several Times continued since, in such
Manner, and with such Additions and Alterations, as
the Estates convened in Parliament shall think convenient.
"12. That an Act be passed, in the Parliaments of
both Kingdoms respectively, for Confirmation of the
Treaties passed betwixt the Two Kingdoms; videlicet,
the large Treaty, the late Treaty for
the coming of the Scottish Army into England, and the
settling of the Garrison of Berwicke, and the Treaty
concerning Ireland, of; with
all other Ordinances and Proceedings passed betwixt
the Two Kingdoms in pursuance of the said Treaty.
"13. That an Act of Parliament be passed, to make
void the Ceffation of Ireland, and all Treaties with
the Rebels without Consent of both Houses of Parliament; and to settle the Prosecution of the War of
Ireland in both Houses of Parliament, to be managed
by the joint Advice of both Kingdoms, according to
the Ordinance of the 11th of April last; and the King
to assist, and to do no Act to discountenance or molest
them therein.
"14. That an Act be passed, in the Parliaments of
both Kingdoms respectively, for establishing the joint
Declaration of both Kingdoms, with the Qualifications
ensuing:
"1. That the Persons who shall expect no Pardon
be only these following; the Names of Persons to be excepted.
"2. All Papists and Popish Recusants, who have
been, now are, or shall be, actually in Arms
against the Parliament, or voluntarily assisting
thereunto.
"3. All Persons who have had any Hand in the
plotting and designing the Rebellion in Ireland.
"4. All Irish Rebels, whether Papists or others,
who have or shall come over from Ireland, and
have assisted, or shall assist, in this War against
both Houses of Parliament.
"5. That
may be removed from His Majesty's Councils,
and may be restrained from coming within the
Verge of the Court; and that they may not
bear any Office, or have any Employment concerning the State or Commonwealth; and in
case any of them shall offend herein, to be
guilty of High Treason, and uncapable of
any Pardon by His Majesty, and their Estates
to be disposed as both Houses of Parliament
in England or the Estates of Parliament in
Scotland respectively shall think fit.
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"6. What Course shall be taken with such as
not only have deserted the Parliament, but
have voted both Kingdoms Traitors? |
"7. The Persons of all others to be free, notwithstanding any Act or Thing done in or
concerning this War; they taking the Covenant.
"8. The Estates of the Persons excepted to pay
Public Debts and Damages.
"9. The Estates of Prelates to be disposed according to the Fifth Article of the late Treaty
of both Kingdoms.
"10. A Third Part, upon full Value, of the Estates
of the Persons made uncapable as aforesaid,
to be employed for the Payment of the
Public Debts and Damages, according to the
Declaration.
"11. And likewise a Tenth Part of the Estates
of all other Delinquents within the Declaration: And in Case the Estates and Proportions aforementioned shall not suffice for the
Payment of the Public Engagements, whereunto they are only to be employed, that then
a new Proportion may be appointed, by the
joint Advice of both Kingdoms; provided it
exceed not the One Moiety of the Estates of
the Persons made uncapable as aforesaid;
and that it exceed not a Sixth Part of the
Estates of the other Delinquents.
"12. That the Persons and Estates of all common
Soldiers and others, who in Land and Goods
be not worth Two Hundred Pounds, be at
Liberty, and discharged.
"13. That an Act be prepared, whereby the
Debts of the Kingdom, and the Persons of
Delinquents, and the Value of their Estates,
may be known; and which Act shall appoint
in what Manner the Confiscations and Proportions beforementioned may be levied, and
applied to the Discharge of the said Engagements.
"15. That a Bill be prepared, whereby the Subjects of the Kingdom of England may be appointed
to be armed, trained, and disciplined.
"The like for the Kingdom of Scotland, in such
Manner as the Estates of Parliament there shall
think fit.
"16. That a Bill may be prepared, for the settling
of the Admiralty, and Forces at Sea, and of the Sea
Duties, and of the Impositions,
and Tonnage and Poundage, for the maintaining
the said Sea Forces; the Residue to be settled in the
Crown.
"The like for the Kingdom of Scotland, in such
Manner as the Estates of Parliament there shall
think fit.
"17. An Act for the settling of all Forces, by Sea
and Land, in Commissioners, to be nominated by both
Houses of Parliament, of Persons of known Integrity,
and such as both Kingdoms may confide in, for their
Faithfulness to Religion, and Peace of the Kingdoms,
of the House of Peers, and of
the House of Commons, who shall be removed or
altered, from Time to Time, as both Houses shall
think fit; and when any shall die, others to be nominated in their Places, by the said Houses; which
Commissioners shall have Power,
"1. First, to suppress any Forces raised without
Authority of both Houses of Parliament, or,
in the Intervals of Parliament, without Consent of the said Commissioners; and to suppress any Foreign Forces that shall invade
this Kingdom; and that it shall be High
Treason in any who shall levy any Force without such Authority or Consent; any Commission under the Great Seal, or other Warrant, to the contrary notwithstanding; and
they to be uncapable of any Pardon from His
Majesty, and their Estates to be disposed of
as both Houses of Parliament shall think fit.
"2. To preserve the Peace now to be settled;
and to prevent all Disturbances that may arise
by Occasion of the late Troubles; and to enquire by Jury, and to hear and determine, all
Violation of the Articles among the Subjects
of the Kingdom of England.
So for the Kingdom of Scotland.
3. To have Power to send Part of themselves,
so as they exceed not a Third Part, or be not
under the Number of, to reside
in the Kingdom of Scotland, to assist and vote
as single Persons, with the Commissioners of
Scotland, in those Matters wherein the Kingdom of Scotland is only concerned.
So for the Kingdom of Scotland.
"4. That the Commissioners of both Kingdoms
may meet as a joint Committee, as they shall
see Cause, or send Part of themselves as aforesaid, to do as followeth:
"1. To preserve the Peace betwixt the Kingdoms and the King, and every one of
them.
"2. To prevent the Violation of the Articles
of Peace as aforesaid, or any Troubles
arising in the Kingdoms; and to hear and
determine all Differences that may occasion the same, according to the Treaty;
and to do further according as they shall
respectively receive Instructions from both
Houses of Parliament in England, or the
Estates of Parliament in Scotland; and,
in the Intervals of Parliament, from the
Commissioners.
"3. To raise and join the Forces of both
Kingdoms, to resist all Foreign Invasion,
and to suppress any Forces raised within
any of the Kingdoms, by any Authority
under the Great Seal, or other Warrant
whatsoever, without Consent of both
Houses of Parliament in England, and
the Estates of the Parliament in Scotland,
or the said Commissioners of that Kingdom whereof they are Subjects; and,
that, in those Cases of joint Concernment
to both Kingdoms, the Commissioners to
be directed to be there all, or such Part
as aforesaid, to act and direct, as joint
Commissioners of both Kingdoms.
"4. To order the War of Ireland, according
to the Ordinance of the 11th of April;
and to order the Militia, and conserve
the Peace, of the Kingdom of Ireland.
18. That His Majesty give His Assent to what the
Two Kingdoms shall agree upon, in Prosecution of the
Articles of the large Treaty which are not yet
finished.
"19. That an Act be passed, That all Peers made
since the Day of, and who shall be hereafter made, shall not sit or vote in the Parliament of
England, without Consent of both Houses of Parliament.
So for the Kingdom of Scotland.
"20. That an Act be passed, That the Lord Keeper,
Lord Treasurer, Deputy of Ireland, Judges of both
Benches, of the Exchequer, and Wales, be nominated
by both Houses of Parliament, to continue Quam diu
se bene gesserint; and, in Intervals of Parliament, by
the aforementioned Commissioners, to be approved or
disallowed by both Houses at their next Sitting.
The like for the Kingdom of Scotland, in such
Manner as the Estates of Parliament there shall
think fit.
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"21. A Proposition for Education and Marriage of the King's Children. |
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"22. A Proposition for uniting the Protestant
Princes against the Papists, and concerning the Restitution of the Prince Elector. |
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"23. A Proposition concerning Foreign Negociations, and concluding Peace and War with Foreign Princes and States. |
"24. To report the Desire of this Committee, that
some Members of both Houses may be sent unto the
Lord Mayor, Court of Aldermen, and Common
Council, to acquaint them, That the Houses are preparing Propositions for a safe and well-grounded
Peace; and that both Houses will be ready to take
into Consideration such Propositions as they shall present in Behalf of the City of London.
The like for the City of Edinburgh, to be sent to
the Convention of Estates of Scotland, or their
Committees.
"25. An Act of Oblivion, with Exceptions relative
to the Qualification in the Proposition as aforesaid,
for the joint Declaration, and what Exceptions the
Houses shall think fit.
The like for the Kingdom of Scotland.
26. A Proposition for disbanding the Armies.
That Consideration be had of the Preamble and
Conclusion, and what shall be promissory in them to
the King from both Kingdoms.
Signed, in the Name, and by the Warrant, of
the Committee of both Kingdoms.
"P. Wharton.
Jo. Maitland."
Answer from the H. C.
The Messengers sent to the House of Commons return with this Answer:
That they agree to grant a Pass, for the Earl of Carnarvan and his Company, to travel to Geneva; and concerning the Petition of the Earl of Bedford, they will
send an Answer by Messengers of their own.
Message to them, to sit To-morrow.
A Message was sent to the House of Commons, by Sir
Edward Leech and Mr. Page:
To let them know, that this House intends to sit Tomorrow, to expedite those Ordinances which they sent
up; and to desire that the House of Commons would sit
likewise, if it may stand with their Conveniency.
Ordinance to continue the Association of the Counties of Essex, &c. under the Earl of Manchester.
The House was adjourned during Pleasure; and the
Committee withdrew into the Prince's Lodgings, to consider of the Earl of Manchester's Ordinance for the associated Counties.
The House was resumed.
And the Earl of Northumb. reported, "That the
Committee have considered of the Ordinance for renewing the Earl of Manchester's Order; and they think
it fit to pass, with some Amendments, and adding of
these Words ["or Directions from the Lord General"].
Then the Ordinance was read, with the Alterations.
And, after Debate,
It was Resolved, upon the Question, That this
House agrees to this Ordinance with the Alterations.
Message to the H. C. that the Lords agree to it.
A Message (fn. *) was sent down to the House of Commons,
by Mr. Serjeant Whitfeild and Dr. Aylett:
To let them know, that this House agrees to the Ordinance for renewing the Ordinance touching the associated Counties under the Earl of Manchester's Command, with the Alterations, wherein this House desires
their Concurrence.
Adjourn.
House adjourned till 9 a cras.