Journal of the House of Commons: Volume 5, 1646-1648. Originally published by His Majesty's Stationery Office, London, 1802.
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'House of Commons Journal Volume 5: 22 April 1648', in Journal of the House of Commons: Volume 5, 1646-1648( London, 1802), British History Online https://www.british-history.ac.uk/commons-jrnl/vol5/pp539-543 [accessed 15 October 2024].
'House of Commons Journal Volume 5: 22 April 1648', in Journal of the House of Commons: Volume 5, 1646-1648( London, 1802), British History Online, accessed October 15, 2024, https://www.british-history.ac.uk/commons-jrnl/vol5/pp539-543.
"House of Commons Journal Volume 5: 22 April 1648". Journal of the House of Commons: Volume 5, 1646-1648. (London, 1802), , British History Online. Web. 15 October 2024. https://www.british-history.ac.uk/commons-jrnl/vol5/pp539-543.
In this section
Die Sabbati, 22 Aprilis, 1648.
Prayers.
Delinquents.
SIR Anthony Irby reports divers Fines and Compositions from the Committee at Goldsmiths Hall: Whereupon it is resolved as followeth;
Resolved, &c. That this House doth accept of the Sum of Eight hundred Fifty six Pounds, for a Fine, for the Delinquency of Edward Carne, of Eweny in the County of Glamorgan, Esquire: His Delinquency, That he was in Arms against the Parliament: He rendered in February 1645: His Estate, in Fee, in Possession, per Annum, Two hundred and Ninety-two Pounds Eleven Shillings and Eight-pence; for Six Years to come, per Annum, Thirteen Pounds: Out of . . . . issue, for ever, per Annum, Eleven Pounds Six Shillings and Eight-pence: The Fine, at a Sixth, is Eight hundred Fifty-six Pounds.
An Ordinance for granting a Pardon unto Edward Carne, of Eweny in the County of Glamorgan, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of Two hundred Pounds, for a Fine, for the Delinquency of Hugh Hodges, of Sherborne in the County of Dorsett, Attorney at Law: His Offence, That he was in Arms against the Parliament: He rendered in April 1646: His Estate, in Fee, per Annum, One Pound; for Three Lives, Eighteen Pounds Six Shillings and Eight-pence; for Twenty-six Years, per Annum, Eighty Pounds; for Two Lives, per Annum, Eight Pounds; in Reversion, for his Life, after a Life, per Annum, Ten Pounds: For which, allowing for One hundred and Sixty Pounds charged upon the Land, his Fine, at a Third, is Two hundred . . . . . .
An Ordinance for granting a Pardon unto Hugh Hodges, of Sherborne in the County of Dorsett, Attorney at Law, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of One hundred Eighty-eight Pounds, for a Fine, for the Delinquency of Rutland Snoden, of Horncastle in the County of Lincoln, Esquire: His Offence, That he adhered unto and assisted the Forces raised against the Parliament: He rendered in November 1645: His Estate, in Fee, in Possession, per Annum, Ninety-four Pounds: For which his Fine, at a Tenth, is One hundred Eightyeight Pounds.
Delinquents.
An Ordinance for granting a Pardon unto Rutland Snoden, of Hornecastle, in the County of Lincoln, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of Two hundred and Threefore Pounds, for a Fine, for the Delinquency of Amos Pawlett, of Hinton St. George, in the County of Somersett, Esquire: His Offence, That he was in Arms against the Parliament: He rendered upon the Articles of Exeter: His Estate, in Fee, per Annum, Seventy Pounds; for Three Lives, per Annum, Eighty Pounds: For which his Fine, at a Tenth, is Two hundred and Threescore Pounds.
An Ordinance for granting a Pardon unto Amos Pawlett, Son of the Lord Pawlett, of Hinton St. George in the County of Somersett, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of One hundred Fifty-five Pounds, for a Fine, for the Delinquency of Ralph Skipwith, of Marfield in the County of Leicester, Esquire: His Offence, That he left his Habitation, and went to Oxford: He rendered upon these Articles: His Estate, for Life, per Annum, One hundred and Forty-four Pounds Ten Shillings; for Thirty-five Years, per Annum, Seven Pounds; for which his Fine, at a Tenth, is One hundred Fifty-five Pounds.
An Ordinance for granting a Pardon unto Ralph Skipwith, of Marfield in the County of Leicester, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of Two hundred Ninety-eight Pounds, for a Fine, for the Delinquency of Stanley Burroughes, of Birkley in the County of Chester, Gentleman: His Offence, That he was in Arms against the Parliament: He rendered before the First of May 1646: His Estate, in Fee, per Annum, Seventy Pounds; in old Rents, per Annum, Ten Shillings and Six-pence; for Two Lives, per Annum, Forty Pounds; for One Life, per Annum, Five Pounds Thirteen Shillings and Four-pence: For which his Fine, at a Sixth, is Two hundred Ninety-eight Pounds.
An Ordinance for granting a Pardon unto Stanley Boroughes, of Birkley in the County of Chester, Gentleman, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of Two hundred and Ten Pounds, for a Fine, for the Delinquency of Richard Wickstead, of Nantwich in the County of Chester, Gentleman: His Offence, That he left his House, and resided in the Enemies Garisons: He rendered in November 1645: His Estate, in Fee Tail, in Possession, per Annum, Fifty-nine Pounds; in Reversion, per Annum, Twenty-four Pounds; for Three Lives, per Annum, Thirtyfive Pounds; for One-and-twenty Years, per Annum, Sixteen Pounds; more, in Reversion, per Annum, Thirteen Pounds Six Shillings and Eight-pence: For which his Fine, at a Tenth, is Two hundred and Ten Pounds.
An Ordinance for granting a Pardon unto Richard Wickstead, in the County of Chester, Gentleman, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of One hundred Twenty-three Pounds, for a Fine, for the Delinquency of Edward Mitchell, of the City of Exeter, Gentleman: His Offence, That he was in Arms against the Parliament: He rendered upon the Articles of the said City: His Estate, for One-and-twenty Years to come, per Annum, Twelve Pounds; personal Estate, One thousand and Fifty Pounds: For which his Fine, at a Tenth, is One hundred Twenty-three Pounds.
An Ordinance for granting a Pardon unto Edward Mitchell, of the City of Exeter, Gentleman, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of Seven hundred Pounds, for a Fine, for the Delinquency of Edward Heath, of Cotmore in the County of Rutland, Esquire: His Offence, That he assisted the Forces raised against the Parliament: Rendered upon the Articles of Oxford: His Estate, in Fee, per Annum, Two hundred and Sixteen Pounds Thirteen Shillings; for Life, per Annum, Six hundred Pounds; for Three Lives, per Annum, One hundred Pounds; for Twenty-three Years, per Annum, One hundred and Thirty-three Pounds Six Shillings; for Nine Years, per Annum, Sixty-six Pounds Thirteen Shillings and Four-pence; in Goods, One hundred Pounds; Out of which issues, for ever, per Annum, One hundred and Twenty Pounds Eleven Shillings and Four-pence; for One Life, per Annum, Fifty Pounds; his Lands extended for Three thousand One hundred and Seventy-six Pounds: For which, his Fine, at a Tenth, is Seven hundred Pounds.
An Ordinance for granting a Pardon unto Edward Heath, of Cotsmore in the County of Rutland, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of One hundred and Eight Pounds, for a Fine, for the Delinquency of John Heron, of Higney in the County of Huntingdon, Gentleman: His Offence, That he was in Arms against the Parliament: He rendered in November 1645: His Estate, in Fee, per Annum, Sixty-four Pounds: Out of which issues, for One Life, per Annum, Twenty Pounds: Which leaves the Fine, at a Tenth, One hundred and Eight Pounds.
An Ordinance for granting a Pardon unto John Heron, of Higney in the County of Huntingdon, Gentleman, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
An Ordinance for granting a Pardon unto Stephen Anderson, of Omberley in Manley in the County of Lincoln, Esquire, upon his Fine of Fourteen hundred Forty-andfive Pounds, for that he adhered to the Forces raised against the Parliament, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
An Ordinance, sent from this House to the Lords, for Pardon of the Delinquency of Joane Stroad, of the Parish of Stoak under Hamden in the County of Somersett, Widow, was this Day sent back, with these Amendments; viz. after the Word "hath," and before the Word "by," in the Third Line, put in these Words, "for herself, and George Stroad her Son;" and, before the Word "in," in the Tenth Line, add these Words, "and "for the said George's:" Which were read, and agreed unto: And so, upon the Question, the Ordinance passed.
Countess Rivers' Composition.
Ordered, That it be referred to the Committee at Goldsmiths Hall, to compound with Elizabeth Countess Dowager Rivers, for Two Parts of a Capital Messuage and Park in Long Melford in the County of Suffolke: the said Two Parts of the said Lands being sequestered from the said Dame Elizabeth Countess Dowager Rivers, only for the Recusancy of the said Countess; whereby the said Dame Elizabeth Countess Dowager Rivers may be at Liberty to sell the said Capital Messuage and Park in Long Melford, if the shall think fit so to do.
Army Arrears.
An Ordinance for the farther Ascertaining of the Arrears of the Soldiery, upon their Debentures, was this Day read the First and Second time; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Mr. Pury is appointed to carry it to the Lords.
Message to Lords.
He is likewise to put the Lords in mind of an Ordinance for continuing the Committee of the Army and Treasurers at War: An Ordinance for raising Six thousand Pounds, for the Four hundred Soldiers added to the Forces already in the Tower: An Ordinance for the speedy bringing in the Arrears of the Assessments of the Sixty thousand Pounds per mensem in the City of London: An Order for securing and disarming Delinquents, and preventing Tumults and Insurrections by them: An Ordinance concerning the Parish of Marston Morsey, which was formerly sent from the Lords, with some Amendments.
Army, &c.
Resolved, &c. That a Letter be prepared, and sent unto him, to convey unto him the Information given to the House from Mr. Rose, by Letter to Sir Anthony Irby, concerning the Carriage of a Lieutenant named in the said Letter: And that the General be desired to send for the said Lieutenant to the Head Quarters; and to cause a particular Examination of this Business to be made: And that the Letter do likewise represent to the General the Informations that are brought to this House, concerning the taking of Free Quarter by the Soldiers quartered in Barnstable and Dartmouth: And that the General do return to this House an Account of what Example hath been made in those Particulars aforesaid, according as he shall find the Informations.
The General is likewise desired to give Order, That the Officer that commands the Soldiery quartered in the several Counties, for preventing the Inconveniencies for the future, may attend their Charges, and continue upon the Place with their Soldiers, that the General may expect and receive an Account of them touching the Carriage of their Soldiers.
Sir Antho. Irby, Major General Skippon, and Mr. Doddridge, are appointed to prepare and bring in this Letter, to be signed by Mr. Speaker.
Transactions with Scotland.
Mr. Pierrepoint reports from the Committee at Derby House, the Matter of Fact in relation to the Papers delivered in by the Commissioners of England to the Parliament of Scottland, touching the Demanding of the Parliament of Scottland the Delivery of Captain Wogan, Sir Philipp Musgrave, Sir Thomas Glemham, and others; and the Answer of the Parliament of Scotland, of 12 Aprilis, 1648, to the said Papers of the Commissioners of England: The which Matter of Fact, so stated and reported, was read; and was in hæc verba; viz.
"You are to assure the Parliament of Scottland, Convention or Committee of Estates, or any other Committee, as abovesaid, That the March of the said Troop of Captain Wogan's in a military Posture, or otherwise, out of this Kingdom, into Scottland, or any other Forces (if any such thing be), is altogether without the Allowance, Order, or Privity of the Parliament of England: And therefore you are, in the Name of both Houses of the Parliament of England, to demand from the Parliament of Scottland, That the said Captain Wogan, and his Officers, that are Englishmen; and also the English Officers of any other Forces that may be passed over out of this Kingdom into Scotland; as also all such Officers and Reformadoes, now in Scotland, as you shall find at any time to have served the King against the Parliament; may be all forthwith apprehended, secured, and delivered over to you, to be sent Prisoners into England; and that all the private Soldiers may be dismounted, disposed, and sent Home: And the Horses and Arms of the said Captain Wogan, and the Officers and Soldiers aforesaid, you shall cause to be sent into England, for the Service of the Parliament."
Paper delivered in to the Parliament of Scottland, dated at Edinburgh, 21 Martii, 1647.
WE the Commissioners of both Houses of the Parliament of England are commanded to make known to the Parliament of Scotland, That they have Notice from Sir Thomas Fairefax, their General, That one Captain Wogan, an Englishman, and his Troop, who, being of the supernumerary Forces, was, by the Resolutions of both Houses of Parliament, and the Order of the General, to be disbanded; but he, refusing so to do, marched by a counterseit Pass, from the County of Worcester in the Kingdom of England, into the North; and that, from thence, they are come, in a military Posture, with Arms and Colours, into the Kingdom of Scotland; which was altogether without the Allowance, Order, or Privity of the Parliament of England: And they are likewise informed, That others, who are principal English Delinquents, and have been in Arms against the Parliament, do harbour in this Kingdom: All which is against the large Treaty betwixt the Kingdoms of England and Scotland, the Act of Pacification and Oblivion, passed Anno 17° Caroli Regis; the said Captain Wogan being seen in Edinburgh by several of our Servants Yesterday, and divers Days before: We do, in the Name of both Houses of the Parliament of England, demand of the Parliament of Scottland, That the said Captain Wogan, with his Officers and Soldiers, that are Englishmen, together with their Horses and Arms, be seized and secured, and delivered to us, to be disposed of as both Houses of the Parliament of England have or shall appoint. And we cannot doubt, but, upon Discovery of any other Englishe Forces or any Englishemen, who have been Officers or Reformadoes, and served the King against the Parliament, that shall be received or harboured in this Kingdom, you will do the like Justice to the Kingdom of England, upon our demanding of them.
By Command of the Commissioners of the Parliament of England.
John Squibb.
An Extract of a Paper delivered in to the Parliament of Scottland, by the English Commissioners, dated at Edinburgh, 27 Martii, 1648.
AT this Time, we, being required to return an Account to both Houses of the Parliament of England, concerning the Business of Captain Wogan, and his Troop, must earnestly press your Lordships to give us your Answer to our Paper concerning him, of the One-and-twentieth of this instant March: Wherein we doubt not but your Lordships will comply with the Desires of both Houses; it being conform to, and in Prosecution of, the large Treaty betwixt both Kingdoms, and the Act of Pacification and Oblivion passed by the Parliaments of both Kingdoms.
By Command of the Commissioners of the Parliament of England.
John Squibb.
Paper delivered in to the Parliament of Scotland, dated Edinburgh, 31 Martii, 1648.
Transactions with Scotland.
WHEREAS both Kingdoms of England and Scotland have passed their Publick Faith, in the Act of Pacification and Oblivion, of 17° Caroli Regis, to concur in the repressing of those that shall rise in Arms, or make War, in any of the Kingdoms of England, Scottland, or Ireland, without the Consent of the Parliament of that Kingdom, to which they do belong; and that such shall be held, reputed, and demanded, as Traitors to the Estates whereof they are Subjects; and that no Person sentenced by the Parliament of either Nation, as Incendiaries betwixt the Nations, shall have Shelter or Protection in any other of his Majesty's Dominions: And whereas, by the said Act, if any Englishman, who hath committed Offences against that Kingdom, shall remove into Scottland, he shall, at the Desire of the Parliament of England, be remanded, to abide his Tryal in that Kingdom where he committed the Offence; We having in Charge to demand all Englishmen that we shall discover to be in this Kingdom of Scottland, who have been in Arms against the Parliament and Kingdom of England; and being certainly informed, That there is now many such Persons in this City of Edinburgh, Incendiaries betwixt the Nations, and particularly Sir Phillip Musgrave, and Sir Thomas Glemham; we do therefore, in the Name of both Houses of the Parliament of England, demand, That the said Sir Phillip Musgrave, and Sir Thomas Glemham, be delivered to us, to be disposed of as both Houses of the Parliament of England have or shall appoint: Wherein, as also in the Business of Captain Wogan, and his Troop, represented to your Lordships in our Papers of the One-and-twentieth and Seven-and-twentieth of this instant March, who were in Arms in Westmerland, and Cumberland, and in some other Parts of the Kingdom of England, and afterwards in this Kingdom, without the Consent of the Parliament of England; the Publick Faith of this Kingdom being so deeply engaged; we cannot doubt of a speedy and satisfactory Answer.
By Command of the Commissioners of the Parliament of England.
John Squibb.
Paper of the Parliament of Scottland, in Answer to the English Commissioners, dated at Edinburgh, 12 Aprilis, 1648.
THE Estate of Parliament, having perused and considered the several Papers given in to them, and to the Committee of Estates, by the Commissioners of both Houses of the Parliament of England, since their last Coming to this Kingdom, do find, at the Arrival of the said Commissioners, and upon their first Address to the Committee of Estates, although they shew no Commission, nor had any Credential Letters directed to the Committee; yet the Committee of Estates did appoint some of their Number to meet with them; who did accordingly receive from them what they then thought fit to offer: And, when they made their Address to the Parliament, the very Days wherein their Letters were given to the Lord Chancellor (to whom they sent the same), they were instantly read in Parliament; and a Committee appointed, to take in Consideration what was offered by them; that, upon Report thereof, an Answer might be returned by the Parliament.
Whereas your Lordships are pleased, in the Name of the Honourable Houses of the Parliament of England, to express their Desires to preserve a good Understanding, and brotherly Agreement, betwixt the Two Kingdoms; the Estates of Parliament do return this Answer; That, as the Actions of this Kingdom have been real Proofs of their Desires and Willingness to entertain a good Correspondence and Amity betwixt the Two Nations; so they are still resolved to keep inviolably, on their Part, the happy Union to which both Kingdoms are solemnly engaged by the Covenant and Treaties: Yet they have thought fit to let them know, that this Kingdom hath Reason to be very sensible, that the necessary and just Desires given in by their Commissioners, by Warrant of the Parliament, and their Committees, to the Honourable Houses of the Parliament of England, concerning Religion, the King's Majesty, and Interest of this Kingdom, have had no satisfactory Answer as yet.
And, for the particular Desires concerning Captain Wogan, and his Troop, alleged to be in this Kingdom, and, demanded, in the Paper of the One-and-twentieth of March, upon the Act of Pacification and Oblivion, in the large Treaty in Anno 1641, as Delinquents, and who have been in Arms against the Parliament of England; and the Paper of the One-and-twentieth March, demanding the aforesaid Captain Wogan, Sir Philip Musgrave, and Sir Thomas Glemnon, to be delivered upon the same Act of Pacification as those who have risen in Arms, and make War, against the Parliament of England; if your Lordships will be pleased to peruse that Treaty, and Act of Pacification, to which the Papers given in do relate, it will clearly appear, that none can be remanded or delivered by this Kingdom, but such only of the English Nation who have incensed the King of Scotland against the Kingdom of England; all other Criminals being referred to the Laws.
And the Estates of this Kingdom are confident that your Lordships will not misunderstand the not Returning of an Answer sooner to your Papers and Desires; since the many other pressing and weighty Affairs of this Kingdom, which have still been before the Parliament since your Coming, hath been the only Reason of this Delay.
The Estates of Parliament give Warrant and Command to the Committee of Twenty-four, to deliver to the English Commissioners the Answer this Day passed in Parliament; and to appoint some of their Number to meet with the English Commissioners; and to assert the Parliament's Answer; and to report what further the Commissioners of the Honourable Houses shall offer to the Consideration of the Parliament.
Extracted out of the Records of Parliament, by me Sir Alexander Gibsone, of Dew, Knight, Clerk of his Majesty's Registers, Councils, and Rolls, under my Sign and Subscription Manual.
Alexander Gibson, Clericus Regist.
A Paper given in to the Parliament of Scottland by the Englishe Commissioners, dated at Edinburgh, 14 Aprilis, 1648.
WE had Notice from the Honourable the Parliament of Scottland, That we should have an Answer the last Week to the several Papers communicated to them from us; and, since that Time, that we should have an Answer in the Beginning of this Week: But we, not receiving any hitherto, think it our Duty in Business wherein we have so strict a Charge, and which do so much concern the Peace of both Kingdoms, to press your Lordships again for a speedy Answer, especially to our Demands of Captain Wogan, and his Troop, and Sir Phillip Musgrave, and Sir Thomas Glemham; the rather because we do still observe a great Concourse of Englishe Delinquents to this Kingdom, who are received and harboured here, and amongst them some Papists, that have been in Arms, who were all, by former Propositions to the King, agreed to by both Kingdoms, excepted from Pardon: And particularly, we know, that one Colonel George Wray, who is a Papist, and was a Colonel in the War against the Parliament, hath been for some time of late, and, we believe, now is, in this City of Edinburgh: We do therefore, upon the Grounds laid down in our former Papers (which, we hope, do appear very clear to your Lordships), demand of the Parliament of Scottland, in the Name of both Houses of the Parliament of England, That the said Colonel George Wray be likewise delivered to us, to be disposed of as both Houses of the Parliament of England shall direct: And that they may no longer have Shelter and Protection in this Kingdom.
By Command of the Commissioners of the Parliament of England.
John Squibb.
Whereas, in the Paper given in by the Parliament of Scottland, to the Commissioners of the Parliament of England, resident there, in Answer to the Paper of the said Commissioners, concerning Captain Wogan, of the Oneand-twentieth of March, 1647, and Seven-and-twentieth and One-and-thirtieth of March, they do affirm, That it will clearly appear, that none can be remanded or delivered by the Kingdom of Scotland but such only of the English Nation, who have incensed the King of Scottland against the Kingdom of England; all other Criminals being referred to the Laws: This Answer refers only to the last Clause of the last Paragraph of the Act of Oblivion, beginning thus, "And that such of the Scottish Natives." We leave it to the Consideration of the House, Whether Captain Wogan may not be demanded, both by the last whole Paragraph of the Act of Oblivion, beginning "Forasmuch as the several," and continued to the Beginning of the above-mentioned Clause; as also by the Fourth Article of the League and Covenant.
That, whereas Sir Thomas Glemham, and Sir Phillipp Musgrave, are demanded by the said Commissioners, by their Paper of the One-and-thirtieth of March; and the said Answer of the Parliament of Scottland, being of the Twelfth of April, is the same for these, as for Wogan; to offer it also to the Consideration of the House, Whether they may not only be demanded from the foresaid Paragraph of the Act of Oblivion, and the said Fourth Article of the said League and Covenant; but further also, forasmuch as they have been in Arms against the Parliament of England; and thereby such Delinquents, as for the Bringing of whom to condign Punishment, both Kingdoms joined in a Declaration, and in this War, as appears in the Declaration of both Kingdoms, in Second Part of Collection of Declarations, Page 418, Paragraphs Fifth and Sixth; and for that the Army of Scotland, lately in England, were to have had their Pay out of the Estates of such Delinquents, among others, as appears by the Fifth Article of that Treaty, concerning the Scottish Army; we humbly propound it to the Consideration of the House, Whether the keeping them there, and not remanding them, be not contrary to the Declaration, in regard they are Natives of this Kingdom, and their Offence here committed; for which they cannot be judged or punished by that Kingdom.
For the Case of Wray, who is a Papist in Arms, although he may much more be demanded upon the same Considerations and Grounds with the former; yet the Answer of the Parliament of Scottland cannot be interpreted to extend to him, in regard the Paper in which he is demanded, bears Date the Fourteenth instant; and the said Answer of the Parliament of Scottland, to the Papers of the Commissioners, bears Date the Twelfth of the same Month.
The Question being put, That, whether the Answer of the Parliament of Scottland of 12 Aprilis 1648, given to the Commissioners of England, be satisfactory;
It was resolved in the Negative.
Ordered, That it be referred to the Committee at Derby House, to prepare and bring in an Instruction, on Monday Morning next, to authorize and require the Commissioners to insist upon their Demands to the Parliament of Scottland, notwithstanding their Answer, according to the former Instructions.
Whereas it hath been informed, That Free Quarter hath been, and is yet, taken in several Places in this Kingdom, centrary to several Ordinances and Declarations of both Houses of Parliament, to the great Dishonour of the Parliament and grievous Oppression of the Subject: It is therefore Ordered and Ordained, by the Lords and Commons, now assembled in Parliament, for the more speedy, easy and effectual Redress of the same, That you the Commissioners named in the last Ordinance for Sixty thousand Pounds per mensem, or any Two of them, upon Complaint made against any Officers or Soldiers, for taking Free Quarter, or committing any other Misdemeanor, contrary to the Ordinances and Declarations aforesaid, shall have Power, and are hereby authorized and required, to call any Person or Persons so complained of, before them; and such Witnesses as shall be desired to be produced on either Side touching the Premises; and to take their Examinations and Informations upon Oath; and to certify the same to Thomas Lord Fairefax, General of the Army: Who is hereby required to give Redress, and to do Justice therein, according to the Ordinances and Declarations of Parliament, in that Case made and provided; as also according to the Laws, Articles, and Discipline of War, allowed of, and established, by Authority of both Houses of Parliament. And it is hereby further Ordained, by the Authority aforesaid, That the said Commissioners so authorized to examine, as aforesaid, shall give Notice to the chief Officer in Commission, then resident in the County where such Offence or Misdemeanor is complained of, as aforesaid, of the Time and Place, by the said Commissioners appointed for the Taking of the said Examinations and Informations, as aforesaid: Which said Chief Officer in Commission may be present, and assist the said Commissioners in taking the Examinations and Informations.
The Lords Concurrence to be desired herein.
Mr. Annesley is to carry up this Order:
Private Business.
Ordered, That no private Business whatsoever be moved, entertained, or taken into Consideration, by the House, for the Space of Fourteen Days; that the House may the better proceed with the General Business of the Kingdom.
Grievances.
Ordered, That the Reports from the Committee for publick Grievances be made on Tuesday Morning next, the first Business, next after the Reports from Goldsmiths Hall.
Duke of York's Escape.
A Message from the Lords, by Dr. Bennett and Dr. Aylett;
The Lords desire a Conference by Committees of both Houses, presently, in the Painted Chamber, if it may stand with the Conveniency of this House, touching the Escape of the Duke of Yorke.
Mr. Pierrepont, Sir Harbottle Grimston, Mr. Solicitor, Mr. Reynolds, are appointed Reporters of this Conference.
Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree to a present Conference, as is desired.