Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Jovis, 24 die Augusti.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Answer from the H. C.
Mr. Eltonhead and Doctor Aylett return with this Answer to the Message sent Yesterday to the House of Commons:
That they will receive, at the next Conference, what their Lordships shall offer, concerning the King's Children.
Ordinance for settling Church Government.
The House was adjourned into a Committee during Pleasure, to consider of the Ordinance for settling Church Government.
The House was resumed.
Marquis of Hertford, a Pass.
Ordered, That the Lady Marquis of Hartford shall have a Pass, to come to London, out of Kent; and a Coach with Six Horses to go into Kent, to fetch her up.
Ld Cary, a Pass.
Ordered, That the Lord Cary shall have a Pass, with his Servants and Horses, to go to his House at Kenelworth Castle, in the County of Warwicke.
Message from the H. C. with Orders and an Ordinance.
A Message was brought from the House of Commons, by Colonel Moore, &c.; who brought up divers Particulars, wherein they desire their Lordships Concurrence:
1. An Order for the better bringing in the Monies arising of Sequestrations.
2. An Order to pay Major Berry Two Hundred Pounds, and Mr. Edward Saxby One Hundred Pounds, out of Sir Charles Kemeys' Estate.
3. An Order for Payment of Two Hundred Pounds, out of the Composition of Sir Charles Kemish, to Colonel Eyres, Governor of Hurst Castle.
4. Ordinance for Payment of Six Hundred Pounds, with Interest, to John Sleigh Esquire, out of the Grand Excise.
The Answer returned was:
That this House will take their Message into Consideration, and will send an Answer by Messengers of their own.
Report of the Conference about a Treaty with the King.
The House was adjourned during Pleasure, and the Lords went to the Free Conference with the House of Commons; which being ended, the House was resumed.
And the Speaker reported the Effect of the Conference, as followeth:
"The Matter of the Conference was; touching the former Votes sent to the House of Commons concerning a Treaty (fn. 1) with His Majesty; wherein they agree to some, to others they have made some Alterations, wherein they desire their Lordships Concurrence.
"They agree to the Vote for taking off the Four Votes of Non-addresses to the King.
"To the Fifth, the House of Commons hath agreed; upon new Instructions to be given Colonel Hamond, wherein they desire their Lordships Concurrence; for, if the Instructions formerly given to Colonel Hamond should be taken off before the King shall consent to treat as is agreed by both Houses, His Majesty shall immediately be in full Liberty, and the Governor altogether without Instructions.
"To the Sixth, the House of Commons hath made an Alteration; because that Persons excepted from Pardon, or in actual War against the Parliament by Sea or Land, or under Restraint, cannot be thought fit Counsellors to His Majesty in this Treaty for a safe Peace; and therefore that the King be desired to send a List of the Names of such Persons as He holds necessary, left too great a Multitude should beget Suspicion of Danger.
"To the Seventh, for His Majesty's Domestic Servants, the House of Commons doth concur, with the former Limitations.
"To the Eighth, the House of Commons cannot concur with their Lordships, for these Reasons following:
"1st, Because Consent that the Scotts be invited to treat doth imply the granting them an Interest of joint Treaty; which the Scots have broken and dissolved, by invading this Kingdom with an Army, not having given Three Months Warning to the Parliament of England.
"2dly, Because the Scotts have broken the Covenant which was between the Two Nations; and have made Defection to the contrary Part, in joining with Langdale, &c.
"3dly, Because the Scotts have possessed themselves of Carlile and Berwicke, English Towns, into which they have put Garrisons, contrary to the Treaty.
"To the Ninth, for Newport, in the Isle of Wight, to be the Place for the Treaty, the House of Commons doth concur.
"To the Tenth, the House of Commons cannot concur that the King should invite the Scotts to join in this Treaty, for these Reasons following:
"1st, Because, that Authority which should send Persons to treat hath already sent an Army in hostile Manner into this Kingdom.
"2dly, Because, their Lordships Vote being to treat on such Propositions as were tendered to His Majesty by both Kingdoms at Hampton Court, it were to admit the Scotts again into an Interest, which they have destroyed by hostile Invasion of this Kingdom; but in Lieu thereof have offered an Expedient.
"To the Eleventh, concerning a proportionable Number of Commons, the House of Commons doth concur.
"To the Twelfth, the House of Commons conceive, that for the Time of beginning of the Treaty, Ten Days after the King's Assent to treat, as is agreed by both Houses, will be a convenient Space for His Majesty to send for (fn. 2) as He shall please, and for Dispatch of the Commissioners of both Houses who are to treat; and that the Treaty then begin: And that, from Beginning of the Treaty, Forty Days be allowed for finishing thereof."
Votes, &c. for the Treaty.
After this, the several Votes and Instructions were read, as they came now altered and framed from the House of Commons; and after Consideration thereof, were thus all agreed to. (Here enter them.)
And Ordered, To be speedily sent to the King, by Sir Peter Killegrew; and that a Letter be written to Colonel Hamond, with the Instructions.
Answer to the H. C.
Ordered, That this Answer be returned to the House of Commons:
"That their Lordships, out of a Desire to expedite the attaining of a speedy, safe, and well-grounded Peace, have receded from their former Votes; and have concurred with them in all the Votes now brought up, with the Alterations; and their Lordships desire that they may be speedily sent to the King, by Sir Peter Killegrewe."
The House being again adjourned during Pleasure, the Lords went into the Painted Chamber, to acquaint the House of Commons with their Concurrence and Desires.
The House was resumed.
Montrieul, a Pass, and Leave to go to the King.
Ordered, That Monsr. Montreul, French Ambassador for the Kingdom (fn. 2), shall have a Pass, for himself and his Retinue, to go into France; and that he shall have Liberty to see the King, in the Isle of Wight, as he goes: And the Concurrence of the House of Commons to be desired herein.
L. Pawlett's Woods.
Ordered, To send to the House of Commons, for their Concurrence to the Order of this House, for staying the cutting down of the Lord Powlett's Woods, near Lyme.
Perchard and Rowland.
Ordered, That the Cause between Perchard and shall be heard, by Counsel on both Sides, on Thursday next.
Preacher at the Fast.
Ordered, That Mr. Yates be appointed to preach, the next Fast, in the Place of Mr. Greenhill.
D°. at the Thanksgiving.
Ordered, That Mr. Stronge be appointed to preach before the Lords, the next Thanksgiving-day, in the Room of Mr. Marshall.
Absent Lords excused.
The Earl of Stamford is excused for his Absence, in regard of his ill Health.
The Lord Mountague is excused for his Absence, in regard of his ill Health.
Votes for a Treaty with the King.
"Resolved, upon the Question, by the Lords and Commons in Parliament assembled,
"That, for opening a Way towards a Treaty with His Majesty for a safe and well-grounded Peace, these Four Votes following are hereby revoked and taken off; (videlicet,)
"1. Resolved, That the Lords and Commons do declare, that they will make no further Addresses or Application to the King.
"2. Resolved, by the Lords and Commons assembled in Parliament, That no Application or Addresses be made to the King, by any Person whatsoever, without the Leave of both Houses.
"3. Resolved, by the Lords and Commons assembled in Parliament, That the Person or Persons that shall make Breach of this Order shall incur the Penalties of High Treason.
"4. Resolved, That the Lords and Commons do declare, That they will receive no more any Message from the King; and do enjoin, that no Person whatsoever do presume to receive or bring any Message from the King, (fn. 3) to both or either of the Houses of Parliament, or to any other Person.
"That His Majesty be desired to send to the Houses the Names of such Persons as He shall conceive to be of necessary Use to be about Him during this Treaty, they not being Persons excepted by the Houses from Pardon, or under Restraint, or in actual War against the Parliament by Sea or Land, or in such Numbers as may draw any just Cause of Suspicion; and that His Majesty shall be in the Isle of Wight in the same State and Freedom as He was in when He was last at Hampton Court.
"That the Houses do agree, that such Domestic Servants, not being in the former Limitations, as His Majesty shall appoint to come to attend upon His Majesty's Person, shall be sent unto Him.
"That the Town of Newport, in the Isle of Wight, named by the King, shall be the Place for this Treaty with His Majesty.
"That if the King shall think fit to send for any of the Scottish Nation, to advise with Him concerning the Affairs of the Kingdom of Scotland only, the Houses will give them a safe Conduct; they not being Persons under Restraint in this Kingdom, or in actual War against the Parliament by Sea or Land, or in such Numbers as may draw any just Cause of Suspicion.
"That Five Lords and Ten Members of the House of Commons be Commissioners to treat with the King.
"That the Time of Beginning the Treaty be within Ten Days after the King's Assent to treat, as is agreed; and to continue Forty Days after the Beginning thereof." (fn. 4)
Instructions for Colonel Hammond, Governor of the Isle of Wight.
"Instructions for Colonel Robert Hammond, Governor of the Isle of Wight:
"That the Place for the Treaty shall be the Town of Newport, in the Isle of Wight, where His Majesty shall be in the same State and Freedom as He was in when He was last at Hampton Court, according to the ensuing Instructions.
"That no Person excepted by the Two Houses of Parliament from Pardon, or under Restraint, or in actual War against the Parliament by Sea or Land, or in such Numbers as may draw any just Cause of Suspicion, shall be permitted to come or remain in the said Isle, during the King's Residence there.
"That no Person who hath been in Arms, or assisted in this unnatural War against the Parliament, shall be permitted to come into any Fort or Castle in the said Isle, during the King's Residence there, although he be an Inhabitant, and hath compounded with the Parliament.
"That no Stranger, or Person of a Foreign Nation, shall be permitted to come into the King's Presence, without the Order of both Houses of Parliament; and that, if the King shall please to send for any of the Scottish Nation to advise with Him concerning the Affairs of the Kingdom of Scotland only, the Governor shall permit them (having safe Conduct from both Houses) to come to His Majesty.
"That Colonel Hammond take Care that there be a sufficient Guard for the Safety of the Isle of Wight, and to hinder the taking away the King's Person from thence.
(fn. 4) "Resolved,
"That His Majesty be desired to pass His Royal Word, to make His constant Residence in the Isle of Wight, from the Time of His assenting to treat, until Twenty Days after the Treaty ended, unless it be otherwise desired by both Houses of Parliament; and that, after His Royal Word so passed, and His Assent given to treat as aforesaid, from thenceforth, the former Instructions of 16 Novembris, 1647, be vacated, and these observed; and that Colonel Hammond be authorized to receive His Majesty's Royal Word, passed to the Two Houses of Parliament, for His Residence in the Isle of Wight, according as is formerly expressed; and shall certify the same to both Houses."
Beare to be instituted to Trenchard Lew;
Ordered, That Doctor Aylett give Institution and Induction unto Wm. Beare Clerk, to the Rectory of Lewe Trenchard, alias Trenchard Lewe, in Com. Devon; salvo Jure cujuscunque; Francis Rous and Antho. Rows Patrons.
and Gwinn to Bridesh.
Ordered, That Doctor Heath give Institution and Induction unto Lewis Gwinn Clerk, to the Rectory of Bridesh, in Com. Pembr.; salvo Jure cujuscunque: Granted by the Great Seal.