Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, videlicet, 11 die Aprilis.
Lord Falkland's Letter, with the King's Answer concerning the Cessation.
"I am commanded, by His Majesty, to send your Lordship inclosed a Message from His Majesty to both Houses of Parliament, occasioned by a Paper received Yesterday from the Committee of both Houses, a Copy of which Paper is likewise inclosed; and, this done, I remain,
Committee desire an immediate Answer from the King, about disbanding the Armies.
"By Instructions this Day received from both Houses of Parliament, we humbly conceive that we are to acquaint Your Majesty, that they have taken into Consideration Your Majesty's Answer to their Reasons concerning the Cessation (wherein there are divers Expressions which occasion particular Replies), which at this Time they desire to decline; their Wishes and Endeavours being earnestly bent upon the obtaining a speedy Peace: For which Cause, they do not think good to consume any more of the Time allowed for the Treaty in any further Debates upon the Cessation, concerning which they find Your Majesty's Expressions so doubtful, that it cannot be sud denly or easily resolved; and the Remainder of the Time for the whole Treaty being but Seven Days, if the Cessation were presently agreed, it would not yield any considerable Advantage to the Kingdom; wherefore we are required to desire Your Majesty to give a speedy and positive Answer to the First Proposition, concerning the Disbanding, that so Your Subjects may not only have a Shadow of Peace in a short Time of Cessation, but the Substance of it in such Manner as may be a perpetual Blessing to them, by freeing the Kingdom from those miserable Effects of War, the Effusion of English Blood, and Desolation of many Parts of the Land.
Conference to be had about these Papers.
To acquaint the H. C. that the E. of Kinnoul, the Duke of Espernoon, and Marquis De Vieuville, are stopped, though they have Passes from this House.
Ordered, To let the House of Commons know, at this Conference, that the Lord of Kenowle, having a Pass from this House to go into Scotland, is stayed, and likewise the Duke Espernon and the Marquis De Vieuville, having the Pass of this House, to go into France, with some Horses, are interrupted: Therefore to desire the House of Commons, that the Parties aforesaid may receive no Interruption or Restraint, but permitted to go quietly and freely.
Message to the H. C. for this Conference.
To desire a Conference, by a Committee of both Houses, touching some Papers received from the King, and concerning something concerning the Lord Kenowle and the Duke Espernon and the Marquis De Vieuville.
Dowse, a Pass.
Mrs. Warder, a Pass.
Lord Morley and Sir George Strowde.
Ordered, That a Servant of the Lord Morley shall have a Pass, to go to Oxford, to serve the Order of this House upon Sir George Strowde there, for the hearing of the Cause in this House between his Lordship and the said Sir George Strowde.
Willis and Agard, a Pass to France.
Ordered, That Mr. Nath. Willys and Mr. Samuell Agard shall have a Pass, to transport themselves into France, with Two Servants, and to have Horses to carry them to Dover, and the Horses to be brought back again.
Hayward, a Pass.
Answer from the H. C.
To desire at the Conference that the Committee of Safety may inspect into the State of the Army.
The Speaker was appointed, at this Conference, to let the House of Commons know, "That it is their Lordships Desires, that the Committee for the Safety of the Kingdom may be appointed to recollect and see the States of Affairs, and the Armies, in all Places, how they now are, and how they are (fn. 1) provided for Monies, and give the Houses an Account thereof in Writing, that so the Houses may see what Course is fit to be taken for the Maintenance of the Army, and may resolve of further Proceedings accordingly."
Message from the H. C. that they may communicate some Instructions to the Committee at Oxford;
for Concurrence in an Ordinance;
to pass the Ordinance for the Weekly Assessment;
and about the Ordinance for sequestering Estates of Papists, &c.
That their Lordships are willing, at the next Conference, to receive the Instructions to be sent to the Committees at Oxon; and that their Lordships have passed the Order concerning Dorsettshire, and will take the Ordinance concerning the Repayment of Part of the Weekly Assessment to the City of London into Consideration, and will send an Answer, by Messengers of their own; and touching the Meeting of the Committee, their Lordships have appointed them to meet this Afternoon, at Three of the Clock.
Message from the H. C. with an Ordinance for Concurrence.
Message to the H. C. that the Lords will sit P. M.
Ordinance for securing Money raised in Dorsetshire.
"Whereas William Earl of Bedford, Denzill Hollis Esquire, Sir Thomas Trenchard, and Sir Walter Earle, Knights, John Browne Esquire, Dennis Bond, John Hill, Richard Berry, Gentlemen, with others, in or about September 1642, did, for the advancing of the Public Service of the Kingdom, take up, and provided at Interest, upon their particular Credits and Securities, at several Times, the Sum of Two Thousand Six Hundred Pounds of lawful English Money, for the Payment of the Forces under the Command of the said Earl of Bedford, when he was sent into the County of Dorsett, against the Forces which then possessed Sherborne Castle, and since, for the Maintenance of such Forces as were continued there by Order of Parliament, for the quieting of the said County, without which the said Forces could not be maintained, but must have disbanded, to the great Hazard of those Parts.
"It is therefore Ordered, Ordained, and Declared, by the Lords and Commons assembled in Parliament, That, for the Satisfying and Re-payment of the said Two Thousand Six Hundred Pounds, together with Interest at Eight Pounds per Cent. to the said William Earl of Bedford, Denzill Hollis, Sir Thomas Trenchard, and Sir Walter Earle, John Browne, Dennis Bond, John Hill, Richard Berry, or their Assigns, shall receive the same out of such Monies as shall be raised within the County of Dorsett, upon the Ordinance for the Weekly Assessment; and the Treasurers appointed by the said Ordinance are hereby required to pay the said Two Thousand Six Hundred Pounds, together with the Interest, unto the said Will'm Earl of Bedford, Denzill Hollis, Sir Thomas Trenchard, and Sir Walter Earle, John Browne, Dennis Bond, John Hill, and Richard Berry, or their Assigns, upon Accompt; and this Order shall be their sufficient Warrant in that Behalf: And, in case the said Weekly Collections be not sufficient to satisfy the said Two Thousand Six Hundred Pounds, with the Interest, then the Lords and Commons do engage the Public Faith of the Kingdom for the Re-payment of the said Two Thousand Six Hundred Pounds, with Interest due for the same, or so much thereof as shall appear upon Accompt to be in Arrear and unsatisfied.
"And the said Lords and Commons do further Declare, That the advancing of those Monies aforesaid, by the Parties abovementioned, is an acceptable Service unto the Commonwealth, for which they shall be saved harmless and indemnified by both Houses of Parliament."
Ordinance for assessing Delinquents in Devonshire.
"Whereas a Declaration and Ordinance of the Lords and Commons assembled in Parliament lately passed, for the seizing and sequestering of the Estates both Real and Personal of certain Kinds of notorious Delinquents, to the Use and for the Maintaining of the Army raised by the Parliament, and such other Uses as shall be directed by both Houses of Parliament, for the Benefit of the Commonwealth, with the Names of the Committees who are employed in the several Counties of this Kingdom for the Execution of that Ordinance; and it being found very necessary and expedient that some more Sequestrators and Committees be nominated, within the County of Devon, for the speedier and more effectual putting the said Ordinances in Execution: It is, by the Lords and Commons, (fn. 2) Ordained and Declared, That William Gould, Thomas Boone, Charles Vaughan, Thomas Gewen, John Chamneys, George Peard, and John Young Esquires, Christopher Ceely, Richard Evonds, and Moses Goodyer, Merchants, Richard Evans, and Christopher Clarke the Younger, of the City of Exon, shall be added unto the Sequestrators and Committees in the said Ordinance named in and for the said County of Devon. and shall be likewise Sequestrators and Committees for the seizing and sequestering of the Estates Real and Personal of such Persons, Bodies Politic and Corporate, as in and by the said Ordinance are appointed to be seized and sequestered; and the Persons therein before particularly nominated, or any Three or more of them, shall have the same Privilege, Power, Jurisdiction, and Authority, and shall have Capacity, and be enabled, to do and execute all and every Matter and Thing, in as large and ample Manner, to all Intents and Purposes, as if they had been specially nominated in the said Ordinance, and as the Sequestrators and Committees in the said Ordinance named, or any Two or more of them, are authorized or appointed to do and execute; and, for all and every their Doings herein, they shall be saved harmless, and kept indemnified, by the Authority of both Houses of Parliament."
King's Message in Answer to the Committees Request about disbanding the Armies immediately.
"If the Committee, according to His Majesty's Desire, had had but Power to agree in the Wording of Expressions in the Articles of Cessation, His Majesty's (which are as clear as the Matter would bear, and as He could make them) had not appeared so doubtful to any, but that the Cessation might have been suddenly and speedily resolved, and that long before this Time; and if the Expressions of both Houses, in their Reasons, had not necessitated His Majesty, in His own Defence, to give such Answers as could not upon those Points deliver Truth without some Shew of Sharpness, no Expression of that Kind in His Majesty's Answer had given any Pretence for the Rejection of, or refusing so much as to treat upon, this Cessation, which (though it were at present for no long Time) yet was from the Day named by themselves, the 25th of March; whereas His Majesty first moved for a Cessation and Treaty without any Limitation at all in the Time of either, and His Majesty was most ready to have enlarged the Time (so that in the mean while the Point of Quarters might be so settled), as that His Armies might subsist, and which might have been (if they had pleased) a very good and promising Earnest and Forerunner of that great Blessing of Peace, for the obtaining of which the Wishes and Endeavours of all good Men being earnestly bent, a farther Debate in order to so great a Benefit did not deserve to be stiled a Consumption of Time; and His Majesty cannot but conceive Himself to be in a strange Condition, if the Doubtfulness of Expressions (which must always be whilst the Treaty is at such a Distance and Power is denied to those upon the Place to help to clear and explain), or His necessary replying to Charges laid upon Him (that He might not seem to acknowledge what was so charged), or the Limitation of the Time of Seven Days for the Treaty (which was not limited by His Majesty, who ever desired to have avoided that and other Limitations, which have given great Interruptions to it), should be as well believed to be the Grounds, as they are made the Arguments, of the Rejection of that, which (next to Peace itself) His Majesty above all Things most desires to be agreed and settled; and which His Majesty hopes (if it may be yet agreed on) will give His People such a Taste of such a Blessing, that, after a short Time of Consideration, and comparing of their several Conditions in War and Peace, and what should move them to suffer so much by a Change, they will not think those their Friends that shall force them to it, or be themselves ready to contribute to the renewing of their former Miseries, without some greater Evidence of Necessity than can appear to them when they shall have seen (as they shall see, if this Treaty be suffered to proceed) that His Majesty neither asks nor denies any Thing, but what, not only according to Law He may, but what in Honour and Care of His People He is obliged to ask or deny; and this alone (which a very short Cessation would produce) His Majesty esteems a very considerable Advantage to the Kingdom, and therefore cannot but press again and again, that whatever is thought doubtful in the Ex pressions of the Articles may (as in an Hour it may well be done) be expounded, and whatsoever is excepted at may be debated and concluded; and that Power and Instructions may be given to the Committee to that End, that the miserable Effects of War, the Effusion of English Blood, and Desolation of England (until they can be totally taken away), may by this Means be prevented and interrupted.
"His Majesty supposes, that, when the Committee was last required to desire His Majesty to give a speedy and positive Answer to the First Proposition, concerning disbanding, His Answers in that Point (to which no Reply hath been made, and which He hopes by this Time have given Satisfaction) were not transmitted and received; but wonders the Houses should press His Majesty for a speedy and positive Answer to the First Part of their First Proposition concerning Disbanding, when to the Second Part of the very same Proposition, concerning His Return to both Houses of Parliament, they had not given any Power or Instructions to the Committee so much as to treat with His Majesty; and when His Majesty (if His Desire of Peace, and of speeding the Treaty in order to that, had not been prevalent with Him) might with all Manner of Justice have delayed to begin to treat upon One Part, until they had been enabled to treat upon the other; in which Point, and for Want of which Power from them, the only Stop now remains: His Majesty's Answers to both Parts of their First Proposition being given in, transmitted, and yet remaining unanswered; to which until the Houses shall be at Leisure to make Answer, that as little Delay in this Treaty as is possible may be caused by it, His Majesty desires likewise that the Committee may be enabled to treat upon the following Propositions, in their several Orders."
Havers, a Pass to Flanders.
Report of the Conference about Instructions to the Committees at Oxford.
The Speaker reported to the House the Effect of the Conference with the House of Commons this Morning; which was, "To present to their Lordships Consideration some Instructions, to be sent to the Committees of both Houses at Oxford, concerning the Scotts Commissioners at Oxford, wherein the House of Commons desires their Lordships Concurrence, and to be sent away with all convenient Speed."
Message from the H. C. for a further Conference; about Persons coming from Oxford to London;
and to expedite the Ordinance for taking Possession of Lord Capell's Estate.
1. To desire a Conference, so soon as it may stand with their Lordships Conveniency, concerning the Matter of the last Conference, and concerning the coming of Persons from (fn. 3) Oxford to London; and to desire that their Lordships would please to expedite the Ordinance (fn. 4) for the Lord General's taking Possession of the Lord Capell's Estate.
Their Lordships will give a present Conference, in (fn. 5) the Painted Chamber, as is desired; and that their Lordships will send an Answer, by Messengers of their own, concerning the Ordinance touching the Lord General.
Message to the H. C. about the Instructions to the Committee at Oxford.
Earl of Northumberland's Servant, a Pass.
Monsieur Collidon, a Pass.
A Doctor, a Pass.
Baynes, Lord Morley's Servants Privilege.
Ordinance for the Weekly Assessment in London.
Sequestration of Cottingham.
Mr. Hudson to be instituted to Chartham.
Ordered, That the Archbishop of Canterbury is hereby required and commanded presently to collate and institute Edward Hudson to the Rectory of Chartam, near Canterbury; and a speedy Account to be given to this House thereof.
Answer from the H. C.
Report of the Conference about the Committee of Safety, inspecting the State of the Army, &c.
The Speaker reported the Conference; "That the House of Commons have made some Votes upon their Lordships Expressions this Morning at the Conference concerning the Meeting of the Committee for the Safety of the Kingdom, to consider of the State of Affairs, and the Armies, and the better carrying on of that Business; that the Committee of the House of Commons will be ready to meet whensoever their Lordships please."
About the Earl of Kinnoul, the Duke D'Espernoon, and the Marquis of Vieuville, being stopped.
"And concerning the Lord of Kenowle, the House of Commons say, they did not know that he had their Lordships Order; and now they have joined with their Lordships, that he return speedily to Oxford; and that they have given Order for taking off the Restraint: Also the House of Commons have Resolved, That the Duke of Espernon and the Marquis De la Vieuville shall have Mr. Speaker's Warrant, to pass into France, for transporting with them all such Plate as they brought into the Kingdom with them; but the House of Commons desire first to know the Number of Horses the Duke Espernon and the Marquis De Vieuville desires to transport.
and about Persons coming from Oxford to London, without a Pass.
Message from the H. C. that they agree to the Instructions to the Committees at Oxford.
Paler, a Pass.
Countess of Devon, a Pass.
Ordinance to explain the One for the Weekly Assessment of London.
"Whereas, by an Ordinance of the Lords and Commons, intituled, "An Ordinance of both Houses of Parliament, for the speedy Raising and Levying of Money, for Maintenance of the Army raised by the Parliament, and other great Affairs of the Commonwealth, by a Weekly Assessment upon every County," the Weekly Sum of Ten Thousand Pounds is charged upon the City of London, which Sum doth very much exceed their Proportion, having Respect to the Rule and Measure which the rest of the Places and Counties in the said Ordinance mentioned were rated (fn. 6) at; and, although the Necessity of a present Supply of Money to the Army urged the imposing of so great a Sum upon the said City, where it might be more speedily assessed and collected for the present Occasion than in other remoter Parts; yet, because the whole Kingdom in general receive an equal Benefit thereby as well as the City of London, it stands with the Rule of Equity and Justice that it should bear an equal Proportion of Charge, especially considering the chearful and bountiful Assistance the City hath already given to this Public Cause, not to be paralleled by any Precedent of former Time, or forgotten by future Ages: It is therefore Ordained, by the Lords and Commons in this present Parliament assembled, That the City of London shall have the Public Faith of the Kingdom, for the Re-payment of Twenty-four Thousand Pounds for every Forty Thousand Pounds that shall be Monthly collected and paid in by the said City upon the said Ordinance, which said Sum of Twenty-four Thousand Pounds shall be respectively paid into the Hands of the Chamberlain of London for the Time being, to be restored proportionably to the Parties that shall advance the same upon the same Ordinance: And the said Lords and Commons do Ordain, and hereby engage the Public Faith of the Kingdom, That they will, by Act of Parliament or otherwise, provide for the Payment of the said Twenty-four Thousand Pounds in Manner as before is hereby declared: And whereas, by the said Ordinance, the Money to be hereupon collected within the City of London is to be paid into the Hands of the Treasurer of the Army raised by the Parliament, be it now Ordained, by the Authority aforesaid, That the same shall be from Time to Time paid at The Guildhall, London, into the Hands of Sir John Woolaston Knight, John Warner, John Towse, and Thomas Andrewes, Aldermen, or any Two of them, and to no other Hands; and that the several Assessments shall be returned to them, or any Two of them, in the same Manner as they are directed to be done by the said Ordinance to the Treasurer of the Army raised by the Parliament; and the said Treasurers hereby named, or any Two of them, shall give their Acquittances of the Receipts of such Sums as shall be paid in unto them, upon the said Ordinance, which Acquittances shall be brought unto John Trenchard and Wm. Wheeler, Esquires, Members of the House of Commons, who are to enter the same in a Book to be kept for that Purpose; and then the said Acquittance shall be a sufficient Discharge to the Party that paid in the said Sum, and not otherwise.
"And whereas, by the said Ordinance, the Aldermen's Deputies and Common Council Men of the said City are made Committees for the said City and Liberties thereof, which may prove very inconvenient for the Service, in regard, they being many in Number, and consisting of Persons of great Integrity, their Assistance will be requisite in another Kind; be it therefore Ordained, That the Lord Mayor and Aldermen of the said City, and no other, shall be Committees for the said City, in the same Manner as they were appointed by the said Ordinance when the same first passed both Houses; and the said Aldermen's Deputies and Common Council Men are hereby discharged of the same, and of the Pains and Troubles thereof."
"Instructions for Algernoone Earl of Northumberland, Wm. Lord Viscount Say & Seale, Wm. Pierrepont Esquire, Sir William Armyne, Sir John Holland, Baronets, and Bulstrode Whittlock Esquire, Committees from both Houses of Parliament, attending His Majesty at Oxon.
Instructions to the Committees at Oxon, about the Commissioners from Scotland.
"The Lords and Commons in Parliament having received Notice, that, upon several Safe Conducts from His Majesty and the Two Houses of Parliament, respective Commissioners are long since come into this Kingdom, and arrived at Oxon, sent out of Scotland, from the Commissioners for the Conservation of the Peace betwixt the Two Kingdoms, and from the Commissioners of the General Assembly, according to their several Declarations, to present some Things to His Majesty and the Parliament, concerning the Peace of both Kingdoms; and, in Pursuance of the Articles of Pacification agreed upon in both Parliaments, the Two Houses have long expected them, that so they might understand the Particulars of their Commission, so far as concerns the Parliament; and now, finding their Expectation still unsatisfied, and divers Rumours raised that those Commissioners are hindered and interrupted in the Execution of those Instructions which they have received, of repairing to the Parliament, you shall humbly pray His Majesty, that they may be permitted freely to proceed in the Discharge of their Commission, according to the Safe Conduct and Public Faith given them; and, if that cannot be obtained, you are to desire His Majesty that you may have Leave to speak with the same Commissioners concerning such Matters as they have in Charge to propound to the Parliament; and you are to return speedily His Majesty's Answer herein, that the Houses may thereupon take such farther Resolution as they shall see Cause; and, His Majesty's Leave being obtained, you shall speak with the Commissioners of Scotland to the Purposes aforementioned, and return their Answer."
Order for sequestering the Profits of Cottingham from Mr. Gibson.
"Whereas Mr. Gibson, Vicar of the Parish of Cottingham, in the County of Yorke, hath deserted and left the Charge of his Cure, and is in the Army now under the Command of the Earl of Newcastle, levying War against the Parliament; and whereas the Cure of the said Vicarage is, and by the Space (fn. 7) of about Half a Year hath been, in the Absence of the said Vicar, supplied by Samuell Winter, Master of Arts, a Learned and Religious Man, and an able, painful, and Orthodox Minister, and Preacher of God's Word, who hath been plundered, stript of his Estate, and driven from the City of Yorke, where he was settled and placed, by the Forces now under the Command of the Earl of (fn. 8) Newcastle, as the Lords and Commons in Parliament are informed, as well by a Certificate of divers Gentlemen and Ministers of good Worth and Credit, as by a Petition of the Inhabitants of Cottingham aforesaid, who desire the Continuance of the said Mr. Winter in the said Church: All which the said Lords and Commons taking into Consideration do hereby ordain, That Thomas Rookby, Barnard Aumonds, Richard Smith, Thomas Aumond, Thomas Raspin, and Edward Thompson, or any Three or more of them, shall have Power, and they, the Lords and Commons, do authorize and require the Persons aforesaid, or any Three or more of them, forthwith to enter upon and to sequester the Twentynine Pounds, being the usual Stipend to the Vicar, and also the Rents, of or (fn. 9) about Sixty Pounds, paid to the Bishop of Chester out of the Rectory of Cottingham, and to appoint such Collector or Collectors as they or any Three or more of them shall think fit, for the taking, gathering, and receiving of the same, and from Time to Time to pay the same over to the said Mr. Winter, officiating in the said Cure as aforesaid, until further Order touching the same be taken by both Houses of Parliament; and from Time to Time, until further Order as aforesaid be taken, to return and certify to the said Houses of Parliament the Name or Names of all and every such Person or Persons, by whom any of the said Sums of Money, Duties, or Profits, are or shall be due or payable, as shall refuse to pay the same to the said Sequestrators abovenamed, or such Person or Persons as they, or any Three or more of them shall appoint to collect or receive the same, to the End he or they so refusing may be proceeded against according to their Offence or Contempt: And they, the said Lords and Commons, do further Declare, That as well the said Sequestrators and Collectors, as all other Persons who shall be employed in or about the Execution of this Ordinance, and every of them, shall be maintained and saved harmless, and indemnified, by the Power and Authority of Parliament, in or for whatsoever they or any of them shall do by Virtue and in Pursuance of the same Ordinance."