Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 22 die Januarii.
PRAYERS, by Dr. Burges.
Ds. Grey de Warke, Speaker.
Jennings and Dawes.
Upon Report, by Mr. Justice Reeves, "That an Order was made, by Consent of Sir Tho. Dawes and Mr. Jennings, upon the Hearing of the Cause Yesterday:" And this House confirmed the said Report.
(Here enter it.)
(fn. 1) "Upon the further Hearing of the Cause between Thomas Jennins Esquire, on the Behalf of John Latch and Sir Thomas Dawes Knight, and upon Consideration had by their Lordships, as well of the Five Bonds remaining in the Hands of the Clerk of this House, and mentioned in the said Order, and of the Bond of One Hundred Thousand Marks, and of the several Declarations and Articles concerning the same respectively, and of the Accompt now produced by Sir Thomas Dawes, as also of the former Decree and Orders made in this Cause; their Lordships, by Consent of both Parties, do Order, That it be referred unto Sir Edward Leech Knight, and John Page Esquire, and Doctor Heath, Three of the Masters of the Chancery attending this House, and unto Auditor Phillipps and Auditor Povy, or any Three of them, whereof One of the said Auditors to be One, to take Consideration of the said Accompt, and to examine the same, and hear the Exceptions thereunto; and, upon hearing both Parties, upon Five Days Warning at the least, to report their Opinions touching the said Accompt, and of what doth thereupon remain justly due to the Estate of Sir Abraham Dawes deceased; and, for the better clearing thereof, either of the said Parties are, upon the First Hearing of the said Cause before the said Referees, to produce before them upon Oath all Books of Accompt, or other Writings whatsoever, resting in the Hands or Power of them, or either of them, or of any other in Trust for them, or either of them, respectively, which do any Way concern the said Accompt; and the said Referees as aforesaid may take Consideration of any other Matter of Writing, or Testimony of Witnesses to be sworn at this Bar, for the clearing of any Thing they shall hold material touching the said Accompt; and the said Bond of One Hundred Thousand Marks shall, by Consent of the said Mr. Jennings, be forthwith brought to the Clerk of this Court, to remain in his safe Custody until the said Certificates be returned, and this Court shall take further Order therein; and as touching the said Five Bonds, the same shall also remain as they now are, until their Lordships shall give further Order therein, after the Return of the said Certificate: And it is further Ordered, by their Lordships, That if either Party shall neglect to attend the said Referees, at such Time as shall be appointed by them for the Hearing of the Matter aforesaid, without reasonable Excuse to be allowed by the said Referees, that then they may proceed, without such Party so making Default: And their Lordships do Declare, That, upon Return of the said Certificates, they will give further Order, as well touching the delivering out of the said Five Bonds, as against whom, how far, and for what Sum or Sums of Money, the said Bond of One Hundred Thousand Marks shall be sure and made Use of, on the Behalf of the said Sir Thomas Dawes."
Kynnersly, Yeoman of the Removing Wardrobe, attending on this House, arrested.
Upon reading the Petition of Clement Kynnersley, Yeoman of His Majesty's Removing Wardrobe, and daily attending this House by virtue of his Place; shewing, "That one Florentine Tanturiez, a Frenchman, caused the Petitioner to be arrested, by one John Cambridge, a Bailiff of Westm. who came into the Wardrobe in Whitehall, and there arrested him upon a Bill of Midd. The said Arrest is upon Pretence of Ten Pounds, claimed to be due from the Petitioner, for a Year's Rent for a Tenement in Westm. unto the said Florentine; whereas, in Truth, the Petitioner holds the same by Lease from one Wm. Calwall Esquire, a Delinquent to the Parliament, and Florentine hath no Estate therein; howbeit he pretendeth a Mortgage thereof and of other Tenements besides, for Money by him lent unto the said Caldwall, only to preserve the same from Seizure unto the Use of the State for the Delinquency of the said Caldwall: Now, forasmuch as (fn. 2) the Petitioner is His Majesty's sworn Ser vant, and in (fn. 3) continual Attendance upon this House, and Florentine caused him to be arrested without Leave granted by this House, and the Bailiff arrested him in Whitehall, where the like was never done before; he therefore humbly prayeth, that the said Florentine and Cambridge may be sent for, and receive such Punishment for their Breach of Privilege of Parliament as this House shall think fit."
Tanturiez and Cambridge sent for.
Hereupon this House Ordered, That the said Florentine and Cambridge shall be attached as Delinquents, and brought before this House, to answer the same.
The Lord General acquainted this House, "That Sir Peter Killegrew is come back from Oxford; and hath brought an Answer from the King to the Answer (fn. 4) of both Houses of Parliament, and the Commissioners of the Parliament of Scotland."
The Papers were read, as followeth:
Letter from Prince Rupert, with the King's Answer to the Message from both Houses, &c. about the Treaty, and the Passes.
"I am commanded by His Majesty to return this His Answer to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westm. and the Commissioners of the Parliament of Scotland by Sir Peter Killegrew.
"I have likewise sent your Lordship His Majesty's safe Conduct for the Persons desired, and also a List of the Names of those His Majesty have appointed to treat; for whom, together with their Retinue, His Majesty hath desired a safe Conduct in the like Manner.
"Your Lordship's Servant,
Oxon, 21, Jan. 1644.
"To the Earl of Essex, General."
Next, the King's Answer was read. (Here enter it.)
The King's Answer to the Message from both Houses, &c. about the Treaty.
(fn. 5) "CHARLES Rex.
"His Majesty having received a Message by Sir Peter Killegrew, from the Lords and Commons assembled in the Parliament of England at Westm. and the Commissioners of the Parliament of Scotland, concerning a Treaty, returns this Answer: That His Majesty doth very well consent, that there be a Treaty upon the Matters contained in the Propositions lately sent unto Him, in such Manner as is proposed, and (fn. 6) at the Place appointed in the said Message; and, to that Purpose, His Majesty will send the Duke of Richmond, the Marquis of Hertford, the Earl of South'ton, the Earl of Kingston, the Earl of Chichester, the Lord Capell, the Lord Seymour, the Lord Hatton, the Lord Culpepper, Sir Edward Nicholas One of His Majesty's Principal Secretaries of State, Sir Edward Hyde Chancellor of the Exchequer, Sir Richard Lane Lord Chief Baron, Sir Orlando Bridgman, Sir Thomas Gardiner, Mr. John Ashburnham, and Mr. Jeffery Palmer (together with Dr. Stewart, Clerk of His Majesty's Closet, upon the Propositions concerning Religion), to meet with the Persons mentioned in the said Message, at Uxbridge, on Wednesday Night, the 29th of this Instant January, the Treaty to begin the next Day; which Persons, or any Ten of them, shall be sufficiently authorized by His Majesty to treat and conclude on His Majesty's Part; and to the End that the Persons aforesaid and their Retinue may repair to Uxbridge, stay there, and return at their Pleasure without Interruption, or go or send, during their Abode there, to His Majesty, as often as Occasion shall require, His Majesty desires that a safe Conduct may accordingly be sent for the said Persons and their Retinue, according to a List of their Names herewith sent.
"Given at Court at Oxford the 21th Day of January, 1644.
"By His Majesty's Command,
Also the Names of the Persons for whom the King desires a safe Conduct, was read. (Here enter them.)
Also was read, the safe Conduct of the Committee that are to treat with the King at Uxbridge.
(Here enter it.)
King's Pass for the Commissioners of both Kingdoms appointed to treat with His, at Uxbridge.
"Charles, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To Our Generals, Lieutenant Generals, Commanders in Chief, Governors of Towns, Colonels, Lieutenant Colonels, Captains, Officers, and Soldiers, belonging to any of Our Armies or Garrisons, and to all other Our Ministers and loving Subjects to whom these Presents shall come, Greeting. Our Pleasure and Command is, That every of you permit and suffer, that Algernoone Earl of Nothumberland, Phillip Earl of Pembrooke and Mountgomery, William Earl of Salisbury, Bazill Earl of Denbigh, Thomas Lord Viscount Wenman, Denzill Hollis, William Peirpoint, Sir Henry Vane Junior, Oliver St. John, Bulstrod Whitlocke, John Crew, Edmond Prideaux, for the Lords and Commons assembled in the Parliament of England at Westm.; and John Earl of Loudoun Lord Chancellor of Scotland, Archibald Marquis of Argyle, John Lord Maytland, John Lord Balmerino, Sir Archibald Johnston, Sir Charles Erskin, George Dundas, Sir John Smyth, Mr. Hugh Kennaddy, and Mr. Rob't Barkelay, for the States of the Parliament of Scotland, together with Mr. Alexander Henderson; and their Retinue in a List annexed, together with the Retinue of the Scotts Commissioners, not exceeding in all the Number of One Hundred and Eight Persons, together with their Horses, Coaches, and all other Accommodations for their Journey, may repair to Uxbridge from London, stay there, and return, at their Pleasure; and that they, and any of them, be permitted freely, and as often as they shall please, to go themselves, or send any of their Retinue, to and from Uxbridge and London, without any Lett, Hindrance, Interruption, or Molestation whatsoever; and to these Our Commands We require your due Obedience, as you tender Our Service, and will answer the contrary at your utmost Peril.
"Given under Our Signet, at Our Court at Oxford, the 21th Day of January, 1644.
"By His Majesty's Command,
Another Letter to the Lord General was read, wherein there were inclosed Propositions from the King:
Letter from Prince Rupert, with Propositions from the King.
"I am commanded by His Majesty to send these inclosed Propositions to your Lordship, to be presented to the Lords and Commons assembled in the Parliament of England at Westm. and the Commissioners of the Parliament of Scotland now at London, to the End that there may be as little Loss of Time as is possible; but the same may be treated on as soon as may be thought convenient after the Entry upon the Treaty.
"Your Lordship's Servant,
Oxon, 21 Jan. 1644.
"To the Earl of Essex, General."
Next, the Propositions were read. (Here enter them.)
Message to the H. C. for a Conference about these Papers; and about L. Inchiquin's Patent passing the Great Seal.
A Message was sent to the House of Commons, by Mr. Serjeant Whitfield and Dr. Aylett:
To desire a Conference, in the Painted Chamber, concerning some Letters and Papers received from. Oxford, concerning the Treaty.
2. To desire their Concurrence in an Ordinance to give Power to the Commissioners of the Great Seal, to seal the Commission and Instructions for the Lord Inchequin to be President of Munster, in Ireland.
Heads for the Conference about the Papers from the King.
The Conference was, "To let them know, that their Lordships do forbear (fn. 7) to give any Sense upon these Papers, until they have been communicated to the Scotts Commissioners; and therefore to desire their Concurrence, that they may be referred to the Committee of both Kingdoms."
The Answer returned was:
Answer from the H. C.
That the House of Commons will give a present Meeting, as is desired.
2. That they agree to the Ordinance concerning the Lord Inchequin's Instructions. (Here enter it.)
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.
Commissioners of Bankrupts concerned against Mons. La Salle to peruse the Letters from France.
Ordered, That Commissioners of Bankrupts that are concerned in the Business against Mr. Le Salles shall have Liberty to peruse the Letters which appertain to Mr. La Salles, and take Copies of such as they think fit; but to remain in the Hands of the Clerk of the Parliament.
The Names of such as are to attend the Lords and others at the Treaty at Uxbridge.
Names of the Attendants on the King's Commissioners appointed to treat at Uxbridge.
King's Propositions concerning Peace.
His Majesty's Propositions to the Lords and Commons assembled in the Parliament of England at Westm. and to the Commissioners of the Parliament of Scotland now at London, for settling of a safe and well-grounded Peace.
That His Majesty's own Revenue, Magazines, Towns, Forts, and Ships, which have been taken and kept from Him by Force, be forthwith restored unto Him.
"That whatsoever hath been done or published contrary to the known Laws of the Land, or derogatory to His Majesty's legal Rights, to be renounced and re-called, that no Seed may remain for the like to spring out for the future.
"That whatsoever illegal Power hath been claimed or exercised by or over His Subjects, as imprisoning or putting to Death their Persons without Law, stopping their Habeas Corpuses, and imposing upon their Estates without Act of Parliament, &c. either by both or either House, or any Committee of both or either, or by any Persons appointed by any of them, be disclaimed; and all such Persons so committed forthwith discharged.
"That, as His Majesty hath always professed His Readiness to that Purpose, so He will most chearfully consent to any good Acts to be made for the Suppression of Popery, and for the firmer settling the Protestant Religion established by Law; as also that a good Bill may be framed, for the better preserving of the Book of Common Prayer from Scorn and Violence; and that another Bill may be framed, for the Ease of tender Consciences in such Particulars as shall be agreed upon; for all which, His Majesty conceives the best Expedient to be, that a National Synod be legally called with all convenient Speed.
"That all such Persons as, upon the Treaty, shall be excepted and agreed upon on either Side out of the General Pardon, shall be tried per Pares, according to the usual Course and known Law of the Land; and that it be left to that, either to acquit or condemn them.
"And, to the End this Treaty may not suffer Interruption by any intervening Accidents, that Cessation of Arms, and Free Trade for all His Majesty's Subjects, may be agreed upon, with all possible Speed.
"Given at the Court at Oxford, 21th Day of January, 1644.
House adjourned till 9a cras.