DIE Veneris, 16 die Augusti.
PRAYERS, by Mr. Hodges.
Ds. Grey de Warke, Speaker.
Committee to treat with The States Ambassadors about the Restitution of the Ships they demand.
The Earl of Northumb. reported from the Committee
appointed to treat with the Dutch Ambassadors, concerning their Demands of Shipping and Goods taken:
"And the Committee finds that the Ambassadors do
expect to have Notice from the Houses, that the Parliament hath appointed that Committee to treat with
them; and they desire a Note of their Names."
Hereupon the House Ordered an Order to be drawn
up, to give them Notice.
French Minister's Audience.
The Speaker reported to the House, "That the
Master of the Ceremonies had acquainted him, That
he had been with the French Resident; and did let
him know, that the Houses had appointed this Day
to give him Audience; but he did not intend to come."
Upon this, the House did acquiesce.
Order concerning The States Ambassadors, sent to the H. C.
The Order to be sent to The States Ambassadors was
read, and approved, and Ordered to be sent to the
House of Commons, to desire their Concurrence therein;
which was accordingly done, by Sir Edw. Leech and
Ordinance for Martial Law.
The Lord North reported the Effect of the late Conference with the House of Commons, concerning the
Ordinance for Martial Law; and the House of Commons agrees to the Alteration for the Limitation of the
Time for Four Months; but as concerning the Proviso
for acquainting the Houses before Execution, they do not
agree, but desire it may be left out.
And this House taking this into Debate, and it being
put to the Question,
"Whether this House agrees with the House of
Commons as is now reported?"
It was Resolved in the Affirmative.
(Here enter it.)
Protest against it.
Memorandum, Before the putting of this Question,
the Earl of Lyncolne desired Leave to enter his Dissent
to this Question; which was granted, and accordingly he
entered his Dissent.
Ordered, That this Ordinance be forthwith printed,
and published by the Sheriffs in all Market Towns, in
the several Counties, and the Cities of London and Westm.
and that it be sent to the General and Chief Commanders of the Armies.
The Lord Wharton reported, "That a [ (fn. *) Petition of
the] Protestants in Ireland was intercepted, which the
Committee of both Kingdoms thought it fit to acquaint this House therewith."
Petition from the Protestants of Ireland to the King.
The Petition was read; and it (fn. †) is Ordered, That
this House thinks it fit that this Petition be sent to the
King. To that Purpose, it is referred to the Committee
of both Kingdoms, to send it to the Lord General,
whereby it may be sent to the King.
Upon reading the Petition of Tho. Nicolls Esquire: It
is Ordered, That it be referred to the Committee of
Lords and Commons for Sequestrations; and that nothing
be done to the disturbing of the Petitioner, by the Committee in the County of Hertford, until the Committee
of Lords and Commons have determined the Business.
(Here enter it.)
Paper from the Commissioners of the Church of Scotland.
The Lord Wharton reported, "That the Commissioners of the Church of Scotland delivered a Paper
to the Committee appointed to meet with them, and
desired the same might (fn. *) be communicated to this
House;" which was read, in hæc verba. (Here enter it.)
Message from the H. C. for the Ordinance for Martial Law to be published.
A Message was sent to the House of Commons, by
Serjeant Whitfield and Serjeant Fynch:
To let them know, that this House hath agreed to
(fn. *) the Ordinance for Martial Law, according to the last
Conference; and to desire that they would agree with
this House, that the same may be published in the Cities
of London and Westm. and the several Counties adjacent,
on the Market-days, by the several and respective
"Be it Ordained, by the Lords and Commons assembled in Parliament, and by Authority of the same,
That Robert Earl of Essex, Captain General of the
Forces raised by the Authority of Parliament, Algernon
Earl of Northumberland, Henry Earl of Kent, Phillip
Earl of Pembrooke, William Earl of Salisbury, Oliver
Earl of Bullingbrook, Edward Earl of Manchester,
Bazill Earl of Denbigh, William Lord Viscount Say
& Seale, Phillip Lord Wharton, Dudley Lord North,
William Lord Grey of Warke, John Lord Robartes,
Phillip Lord Lisle, Sir William Waller, Sir Arthur
Haslerig, Sir John Corbett, Sir John Bamfeild, Sir
Henry Heyman, Colonel Alexander Popham, Colonel
Stapley, Colonel Whitehead, Colonel Morley, Colonel
Purefoy, Colonel Ven, Edward Bainton Esquire, Colonel William Jepson, Colonel Alexander Rigby, Thomas
Arundell Esquire, Serjeant Major General Skipon, Sir
Nathaniell Brent, Dr. Thomas Eden, John Bradshawe
Esquire, William Steele Esquire, Sir James Harrington,
Colonel Browne, Colonel West, Charles Fleetwood,
Colonel William Strode, Colonel Turner, Colonel
Manwareing, Colonel Whitchcoate, Colonel Pynder,
Lieutenant Colonel Welden, Lieutenant Colonel Underwood, Lieutenant Colonel Wilson, Major Salloway,
Major Tytchborne, Colonel Humphrey, Colonel Player,
Colonel Prince, Colonel Harswett, Major Camfeild,
Molyns, Colonel Owen, Lieutenant Colonel
Webb, Lieutenant Colonel Bradley, or any Twelve or
more of them, whereof such of the Members of
either House of Parliament as have Commissions and
Commands in any of the Armies or Garrisons and
Sir Nathaniell Brent always to be Three, shall be
Commissioners; and shall have full Power and Authority to hear and determine all such Causes as belong to Military Cognizance, according to the Articles
in this present Ordinance mentioned; and to proceed
to the Trial, Condemnation, and Execution, of all
Offenders against the said Articles; and to inflict upon
the Offenders such Punishments, either by Death or
otherwise Corporal, as the said Commissioners, or the
major Part of them then present, shall judge to appertain to Justice, according to the Nature of the
Offence, and Articles ensuing:
"1. No Person or Persons whatsoever shall from
henceforth voluntarily repair or go from the Cities of
London and Westm. or from any other Parts of the
Kingdom under the Power of the Parliament, 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
the Committee appointed by Ordinance of Parliament
for the managing of the War, the Lord General of
the Forces raised by the Two Houses, or from the
respective Officers that shall command in Chief any
of the said Forces, upon Pain of Death, or other
Corporal Punishment at Discretion.
"2. Whosoever hath or shall plot, contrive, or endeavour, the betraying, surrendering, or yielding up
to the Enemy, or hath or shall, contrary to the
Rules of War, surrender, yield up, or betray, any
Cities, Towns, Forts, Magazines, or Forces, which
now are, or hereafter shall be, under the Power of
the Parliament, shall be punished with Death.
"3. No Person or Persons whatsoever, not under
the Power of the Enemy, shall voluntarily relieve
any Person being in Arms against the Parliament,
knowing him to have been so in Arms, with any
Money, Victuals, or Ammunition, upon Pain of Death,
or other Corporal Punishment at Discretion; or shall
voluntarily or knowingly harbour or receive any being in Arms as aforesaid, upon Pain of Punishment
"4. No Officer or Soldier shall make any mutinous
Assemblies, or be assisting thereunto, upon Pain of
"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 Imprisonment, and further Punishment at Discretion.
"6. Whosoever shall voluntarily take up Arms
against the Parliament, having taken the National
Covenant, shall die without Mercy.
"7. Whatsoever Officer or Commander hath or shall
desert their Trust, and adhere to the Enemy, shall
die without Mercy.
"And it is hereby further Ordained, by the Authority aforesaid, That the said Commissioners, or any
Twelve or more of them, whereof such Members of
either House of Parliament as have Commissions and
Commands in any of the Armies or Garrisons and
Sir Nathaniell Brent always to be Three, shall be
authorized, from Time to Time, so often as they
shall think fit, or shall be Ordered thereunto by both
or either House of Parliament, to sit in some convenient Place, within the Cities of London, Westm. or
Lines of Communication, and to appoint a Judge
Advocate, a Provost Marshal, and all other Officers
"And it is hereby further Ordained, That all Mayors,
Sheriffs, Justices of Peace, Constables, Bailiffs, and
other Officers, shall be aiding and assisting to the
said Commissioners, in the Execution of the Premises;
and that the said Commissioners, and every of them,
and all and every other Person and Persons that shall
be aiding and assisting to them in the Execution of
the Premises, shall be saved harmless and indemnified,
for what they shall do therein by Authority of Parliament.
"Provided nevertheless, That no Member of either
Houses of Parliament, or Assistants of the House of
Peers, shall be questioned or tried before the Commissioners appointed by virtue of this present Ordinance, without Assent and Leave first had and obtained of both Houses of Parliament.
"And be it also Provided, That this present Ordinance, and the Authority hereby given and appointed to the Persons hereby nominated, shall endure and
have Continuance for Four Months from the making
"Provided, That this Ordinance, for any Offence
hereafter to be committed, shall not take Place, or
be of Force, until Eight Days after the Publication
hereof; any Thing in this Ordinance to the contrary
Nicholls's Petition, that he may not be disturbed in his Possession of Sir J. Harrison's, a Delinquent's, Estate in Hertfordshire.
"To the Right Honourable the House of Peers
assembled in Parliament.
"The humble Petition of Thomas Niccolls
"That your Petitioner, for adhering to the Parliament, is wholly stripped out of his Estate of Inheritance, to the Value of near Nine Hundred Pounds
per Annum, besides his Personal Estate is taken away,
and he thereby deprived of Subsistence for himself,
Wife, and Seven Children and Family; that, being
chosen to most of the Committees in Hartfordshire,
for more Conveniency to do Service for the State, in
which he wholly spends his Time, the Committee for
Sequestrations, on the 20th of March last, assigned by
Grant, for One whole Year, all the Demesnes of Sir
John Harrison's, at Balls, near Hartford (for that they
could not then otherwise let or set it), to receive, dispose, and improve the same, for the Benefit of the State,
and to give an Accompt to the Committee; whereupon your Petitioner hath accordingly ploughed and
sowed the Lands, and a considerable Crop of Corn and
all Grain is thereupon: That, on the 5 of this Instant
August, an Order was made by some few of the Committee of Hartford, That the Corn, Stock, and Goods,
of all Delinquents should be sold, for the best Profit
to the State; with Proviso, that all such as are in
Possession of any Delinquents Estates shall notwithstanding go on in getting in their Harvest; nevertheless, the Collectors and Officers of the Committee
have appraised the Corn and Stock and Goods, and
tender Sale thereof, though several of the Committee
have declared and disclaimed, that, in making that a
general Order, they intended not to meddle with any
Thing formerly granted to your Petitioner, during
"Wherefore he prayeth the Favour of this Honourable House, that, according to the Grant
of the Committee, he may proceed therein;
and accordingly the Officers commanded to
surcease from meddling therewith, for that
the Petitioner is accountable to the State for
Paper from the Commissioners of the Church of Scotland, about settling the Uniformity of Church Government.
"The Meeting of this Honnorable and Reverend
Committee at this Tyme, after soe long Intermission,
was our humble Motion and Desire, that wee might,
according to the Trust put upon us, and the Comaundment which wee have often receaved, and especially of late, represent how necessary it is to make
greater Speede in bringing the intended and soemuch-desired Uniformity in Religion to an happy
"Wee have now attended the Reverend Assembly
of Divines for the Space of a whole Yeare almost,
like as many of our Brethren of the Ministrey have
bin for a long Tyme attending on the Armyes of this
Kingdome and in Ireland, which is become soe sencible to our particular Congregations (who at the
Begining did not apprehend that wee could have
beene soe long deteyned from them), that they have
petitioned the Generall Assembly for recalling us to
our ordinary Charge.
"All this Tyme nothing hath issued forth from the
Advice of the Reverend Assembly here, and the
Authority of the Honnorable Houses of Parliament,
for settling Uniformity in Divine Worshipp and
Church Government; but, on the contrary, Sects
and Sectaryes are daily encreased and multiplyed
in this Kingdome, from the Contagion whereof the
Church of Scotland cannott long bee kept free,
especially soe many dangerous and scandalous Bookes
for Antinomianisme, Liberty of Conscience, Sepration, Anabaptisme, &c. coming to their Hands,
which, as it is a greate Dishonnor to Jesus Christ,
who loveth to see His People walking in Truth and
Unity, a Scandall and Danger to the Weake both
here and there, in the Absence [ (fn. *) of soe many] of
their Pastors, soe is it alsoe a Matter of unspeakeable Greise to the Godly, and of Rejoycing to the
Prophane and Malignant, who doe hereby harden
their owne Hearts in their wicked Courses and Opposition, and indeavour to perswade others that there
is noe such Uniformity intended, which noe Doubt
will make the Worke, the longer it is delayed, to
bee of the greater Difficulty, if not (for any Thing
that humane Authority and Power will bee able to
doe) impossible in the End.
"Wee neede not remember this Honnorable and
Reverend Committee of the Two First Articles of the
Solemne League and Covenant, for endeavoring
Uniformity in Religion, and the Extirpation of
Popery, Prelacy, Superstition, Hæresie, Schisme, &c.
it being soe recently sworne by both Kingdomes, and
universally knowne to all the Christian World, to
the Terrour of the Roman Antichrist, and the shakeing of the Foundations of Babilon, and to the seasonable Refreshment of all the Reformed Churches,
and of Comfort to all such as for Conscience Sake
are secretly groaning under the Tyrany and Persecution of their Oppressors, who looke upon it as a
Doore of Hope opened in this Island for them, and
the Generations after them, to see better Tymes;
which to frustrate or delay, by a lingring Reformation (which seldome hath bin successfull), were to
make their Hearts to faint, and the Enemyes of Religion to gather greater Strength, and to insult over
"Wee humbly desire this Honnorable and Reverend
Committee, in their Wisdome, to judge how oppertune and necessary it were at this Joynture of Tyme,
when the Parliaments of both Kingdomes are aboute
Propositions to bee presented to His Majesty for a
safe and wel-grounded Peace, to have the most substantiall Parts of the intended Uniformity and Mould
of Religion agreed upon, that both Parliaments may
knowe in perticuler what they shall demaund, and
His Majesty distinctly understand what He shall
graunt, in Matters of Religion; without which, the
Proceedings in the Proposition concerning Religion,
which is the Principall, will bee but implicite and
confused, and the Successe may bee such as wee desire
may bee rather forseene by your Wisdome, then expressed by us.
"The Parliament of Scotland, the Generall Assembly
(which hath renewed our Commission to attend here
for some Tyme), the whole Body of that Kingdome,
and their Armyes in this Kingdome, doe all with
One Heart and Voice call for the expediting of this
Worke, as the mayne Cause of their Undertakeing,
and of daily adventureing their Lives, and all that
is deere unto them in this World, against soe many
Enemyes at Home and Abroad; professing withall,
that their Hearts and Hands are much weakned
through the Delay of their Hopes; that they conceive the slowe Progresse in the Reformation of Religion to bee a cheife Hindrance to the Successe of
the Armyes; and that, Truth being once setled,
Victory and Peace through the Blessing of God
would imediately followe.
"It is therefore our humble and earnest Desire, that
foe much may bee presented to the Honnorable
Houses, and to the Reverend Assembly, to the End
that the best and readyest Meanes and Wayes (which
wee presume not to prescribe) may in their Wisdome
and yours bee tymeously and seariously taken into
Consideration, for expediting of this greate Worke
(unto which the Paper of Ordination, which hath
beene soe long in Debate, as it is this Day retourned
to the Assembly, will prove a greate Prejudice and
Hindrance); and that wee may have such Answere
retourned unto us, as for our Exoneration wee may
comunicate to those that sent us.
15 Aug. 1644.
House adjourned till 9a cras.