DIE Martis, 14 die Januarii.
PRAYERS, by Mr. Burges.
Ds. Grey de Warke, Speaker.
Answer from the H. C.
Mr. Dr. Heath and Mr. Page return with this Answer
from the House of Commons to the Message sent to
them Yesterday, to let them know, that this House
approves of the Report from the Committee of both
Kingdoms concerning the Manner of the Treaty; and
that their Lordships have nominated Four Lords, to join
with a proportionable Number of the House of Commons: And they will send an Answer by Messengers
of their own.
Paper from the Portuguese Resident, about some Pictures seized, said to belong to him.
The Speaker acquainted this House, "That the Resident of Portugall sent him a Paper, desiring it may
(fn. *) be communicated to this House, being a Remonstrance concerning some Proceedings of the Committee
of Examinations, touching some Pictures, which he
pretends he bought of one Mr. Humph'y Wyld in
London, and are now seized upon as Malignants."
Sent to the H. C.
And because it concerns Mr. Miles Corbett, a Member
of the House of Commons, who is mentioned in particular; it is Ordered to be sent down to the House of
Commons; which accordingly was done, by Sir Edward
Leech and Mr. Page.
Message from thence, that they agree to the Manner of the Treaty, and that they have appointed a Committee;
A Message was brought from the House of Commons,
by Sir John Evelyn Knight, &c.
To let their Lordships know, that the House of Commons have agreed to the Report made Yesterday from
the Committee of both Kingdoms, concerning the Manner of the Treaty, and have (fn. *) appointed a Committee
of their House, to join with the Lords; but they desire
that their Lordships would concur in a small Alteration
in the Message to the King, and that the same may be
communicated to the Commissioners of Scotland by the
Committee of both Kingdoms.
and to expedite Two Ordinances.
2. To desire their Lordships would give Expedition in
the Ordinance concerning Martial Law.
3. To desire Expedition in the Ordinance concerning
billeting of Soldiers.
Amendmen's by the H. C. to the Answer to the King.
The Amendments were these:
These Words to be added towards the End of the
Letter, after the Words ["from us,"] and before the
Words ["may repair,"] videlicet, ["with their Attendants, whereof the Number and their Names to be
expressed in the safe Conduct, as shall be agreed
upon, not exceeding Eighty on either Part"].
The Answer returned was:
Answer to the H. C.
Their Lordships will take the Paper now brought up
into present Consideration, and send an Answer by Messengers of their own; and will likewise send an Answer
to the Ordinances concerning Billeting and Martial Law
by Messengers of their own.
Ordered, To send to the House of Commons, to
desire that the Committee that are to treat with the
King may meet presently, to consider of all the Circumstances of their Accommodations.
Message to them, for the Committees who are to treat with the King to meet;
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To desire that the Committees that are to go to treat
at Uxbridge may meet presently, in the Lord Keeper's
Lodgings, and consider of the Particulars of the accommodating themselves at Uxbridge.
and with the Ordinance for billeting Soldiers.
2. To communicate to them the Ordinance for billeting Soldiers; and to desire their Concurrence, with the
(fn. *) The Answer returned was:
That the House of Commons will send an Answer
to this Message, by Messengers of their own.
Message from the H. C. with a Commission for Ld.
A Message was brought from the House of Commons,
by Mr. Sam. Browne, &c.
Inchiquin to be President of Munster, and Institutions for him.
To desire their Lordships Concurrence in a Commission
to be granted to the Lord Inchequin, to be President of
the Province of Munster, in the Kingdom of Ireland; and
also Instructions to be given to the Lord Inchequin, for
demeaning himself in his Place of President of Munster.
The Commission was read, and Agreed to.
(Here enter it.)
The Instructions were also read, and Agreed to.
(Here enter them.)
The Answer returned:
That this House agrees to the Commission and the
Instructions to be given to the Lord Inchequin, now
Ordinance for passing Compositions in the Court of Wards.
The Lord Viscount Say & Seale, Master of the Court
of Wards and Liveries, presented to the Consideration
of this House an Ordinance concerning the Court of
Wards; which the House received, and read Once.
Ld. Inchequin's Commission to be President of Munster.
"Charles, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the
Faith, &c. To all Men to whom these Presents shall
come, Greeting. Know ye, that We, by the Advice
and Consent of Parliament of England, in Consideration
of the many great and important Services performed
against the Rebels in Ireland, by Our Right Trusty
and Well-beloved Morrough Lord Baron of Inchiquine,
as also of his Courage, Wisdom, and Circumspection,
have given and granted, and by these Presents do give
and grant, unto him the said Morrough Lord Baron of
Inchiquine, the Office of Lord President of Our Province
of Munster; and the said Morrough Lord Baron of
Inchiquine, Lord President and Chief Governor of
Our said Province of Munster, We do by these Presents constitute, ordain, and make; and to the said
Morrough Lord Baron of Inchiquine, the Chief (fn. †) Government of Our said Province, and of Our Subjects
there resident, We do commit; and further do give
and grant, by these Presents, to the said Morrough
Lord Baron of Inchiquine, in and for the Execution
and Exercise of the said Office of Lord President,
the Sum of Seven Pounds, Ten Shillings, Sterling,
for every Week, towards the Maintenance of a Table;
Entertainment of One Standing Troop of Horse consisting of One Hundred Horse besides Officers, One Standing Foot Company consisting of One Hundred Foot
besides Officers, both to be employed in the Service of
Munster; and One Hundred Marks per Annum for his
Accommodation for a Dwelling-house; together with
all such other Profits, Perquisites, Jurisdictions, Preeminences, Privileges, and Dignities, as Sir William St.
Leger Knight, late Lord President of the said Province,
hath heretofore received and had, as Chief Commissioner or President of Our said Province of Munster;
giving and granting unto the said Lord Baron of
Inchiquine full Power and Authority to rule and govern
Our said People, within Our said Province of Mounster,
according to such Instructions and Directions as are now
annexed in a Schedule to these Presents, or as shall
at any Time hereafter be given or directed unto him
by Us, by the Advice of Our said Parliament of
England; to have, exercise, and enjoy, the said Office
of Lord President, to the said Morrough Lord Baron
of Inchiquine, with all Fees, Wages, Profits, Allowances, Jurisdictions, Pre-eminences, Privileges, Authorities, and Appurtenances, before by these Presents mentioned, during Our Pleasure, signified by the
Advice of Our Parliament: And whereas the said
Morrough Lord Baron of Inchiquine, in respect of Our
Service in other Parts or Places, may have Occasion to
be absent out of Our said Province of Mounster, and
that, in such his Absence, Our Pleasure is, some meet
Person or Persons may be substituted to govern that
Province, as Vice-president, Commissioner or Commissioners, We do therefore, by these Presents, by the
Advice aforesaid, give full Power and Authority to
the said Lord Baron of Inchiquine, to appoint, choose,
and substitute, in his Absence, such meet and convenient Person or Persons, to be Vice-president, Commissioner, or Commissioners, of the said Province of
Mounster, as he will answer for; and the said Person
or Persons, so appointed, chosen, and substituted, We
do by these Presents authorize to govern and rule
Our said Province of Mounster, in the Absence of the
said Morrough Lord Baron of Inchiquine, to all Respects
and Purposes, as if the said Lord Baron were Personally present, and did and might rule by Authority
aforesaid; willing, and hereby strictly charging and
commanding, all Our Officers, as well Civil as Martial,
and all Manner Our loving Subjects, to be respectively aiding, assistant, and obedient, in and to the
said Morrough Lord Baron of Inchiquine, or any other
or others authorized by or under him as aforesaid,
in the Execution of the said Office, as they will answer
the contrary at their Peril.
"In Witness, &c."
"Instructions for the Lord President of Mounster.
Ld. Inchequin's Instructions.
1. You shall hear and determine (by the Advice
and with the Assistance of the Council there) all Civil
Actions, as well Real as Personal, and all Suits and
Controversies whatsoever, happening betwixt Party
and Party; and shall punish all such Offences and
Misdemeanors, in such Manner and Form, and according to such Process and Proceedings, by Fine, Imprisonment, and Corporal Punishment, as have been formerly used in the said Presidency of Mounster, in the
Time, and during the Government, of the last Lord
"2. You shall keep a Gaol Delivery, at all Times
when you shall see Cause, within the said Province;
and therein to take Cognizance of all Treasons,
Felonies, and all other Criminal Offences whatsoever,
and proceed to the Execution of all Traitors, Felons,
and all other Delinquents, or otherwise to punish
them, according to the Laws of the Land, and in such
Manner and Form as the Justices of Gaol Delivery,
or the Lord President of that Province, have been
used to do.
"3. You shall, with all Care, Diligence, and Sincerity, by the Advice of the said Provincial Council,
and the Council of War, or so many of them as you
can conveniently advise withall, manage, govern, direct,
and carry on, the War betwixt the Brittish Protestants, which have adhered to and declared themselves for the Parliament of England, and the Irish
Popish Rebels there, and all such as adhere to or
take Part with them against the said Brittish Protestants; and that you shall prosecute with Fire, Sword,
and all Manner of hostile Acts, the said Rebels and
their Abettors, and use your utmost Endeavour to
extirpate and root them out.
"4. You shall, upon all Occasions, summon and keep
a Martial Court, and hold a Council of War, in such
Manner as hath been there accustomed, and therein
to punish by Death or otherwise; and to constitute
Laws and Ordinances, for the better Government of
Military Affairs, and proposing such Discipline therein
as shall conduce to the Ordering of the War; and have
Power to exercise Martial Law, and to give Commissions to such as you shall make Choice of for that
Purpose, in several Places; provided, that you or they
shall not execute by Martial Law any Person or Persons who shall be worth Ten Pounds in Goods, or
have Forty Shillings per Annum in Freehold, but leave
them to their Trial by Law, that the Escheats thereby
may come to the Crown, unless in extraordinary Cases;
by Advice of the Council of War, it be found necessary.
"5. You shall carefully dispose and improve all such
Lands, Tenements, Rents, Goods, Chattels, and Hereditaments, either by Lease or Custodium, during the
Wars, as have or shall belong to any of the Rebels
or their Abettors, towards the Maintenance of that
War, or of such Persons as have merited in that Service, so that there may be an Accompt had and taken
thereof whensoever it shall be required.
"6. You shall conform yourself, and all others there
under your Command, to such Form of Church Government and Discipline as shall be set forth by Authority of Parliament; and you shall sufficiently provide for such Godly Ministers as shall submit to that
Government and Dicipline.
"7. You shall, upon all Occasions, raise, levy, array,
arm, list, and put into Pay, His Majesty's Subjects, and
employ them against the Rebels, and give, confer, and
dispose, all Offices and Commands, both Military and
Civil, belonging to a Commander in Chief, or such as
have been incident or appendent to that Government.
"8. You shall, for the better carrying on of the
War, keep Correspondency with the other Armies
under the Command of the Parliament of England,
and from Time to Time obey and execute such further Instructions as you shall receive from both Houses
of the Parliament of England, or from any others
authorized by them.
"9. And that you, by Example and Persuasion,
(fn. *) do endeavour to draw the Officers and Soldiers of
that Province to subscribe for Lands, in Satisfaction
of all or Part of their Arrears, according to the
Rates mentioned in the Acts of Subscriptions for Lands
in Ireland; which Lands shall be assured to them by
Authority of Parliament of England, at the End of
the War, according to their respective Subscriptions."