DIE Lunæ, 14 die Augusti.
PRAYERS, by Mr. Prophett.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Answer from the H. C.
Doctor Heath and Mr. Page return with this Answer
from the House of Commons:
That they agree to the Order for making the Lord
La Warr Ranger of Finckly Forrest: (Here enter it.) To
all the rest, they will send an Answer by Messengers of
Message from thence, with Ordinances.
A Message was brought from the House of Commons,
by; who brought up divers Particulars, wherein they desire their Lordships Concurrence:
1. An Ordinance for the Wardship of the Body and
Lands of Ralph Hanson, during his Minority, to Colonel
Copley. (Here enter it.)
Agreed to, upon the Question.
2. An Ordinance for the associating Five Counties in
3. An Ordinance for Five Thousand Pounds, for
Colonel Mitton. (Here enter it.)
The Answer returned was:
That this House will take the Ordinance for the Associating Five Counties in North Wales [ (fn. *) into Consideration], and will send an Answer by Messengers of their
(fn. †) L. Howard of Cnarl. and E. of Arundel's Sons, Leave to go to France.
Ordered, That a Letter be written to the Lord Admiral, and another Letter to the Committee of Kent, to
desire the Lord Howard of Charlton and also the Sons
of the Earl of Arrundell may be permitted to pass into
France, not withstanding the Embargo.
E. of Holland to be removed into the Custody of the Gent. Usher.
Upon reading the Petition of the Countess of Holland;
shewing, "That the Earl of Holland her Husband being
a Prisoner in Warwicke Castle, the Remoteness of the
Place from London not allowing him the Conveniency
of such Physicians and Remedies as are requisite for
Preservation of his Health, wherein he begins to
suffer much for the Want of such Helps; whereupon,
she apprehending that a longer Deprivement of such
Assistance may very much prejudice his Health, she
humbly prayeth, That Order may be given for his
Remove from thence unto some Place nearer London,
where he may conveniently be assisted by the Advice
of Sir Theodore Mayerne, which is very needful for
the maintaining his Health, having been long ordered
by his Directions:"
It is Ordered, That the Gentleman Usher attending
this House shall take into his Custody the Earl of Holland, a Peer of this Realm, now a Prisoner in the Castle
of Warwicke; and that a Letter be sent to the Lord
General, to acquaint him with this Order.
(Here enter it.)
E. of Midd. brings the King's Answer about the Treaty:
This Day the Earl of Midd. gave the House an Account of his delivering to the King the Votes of both
Houses of Parliament, concerning a Personal Treaty;
and presented the King's Answer. (Here enter them.)
Thanks to him.
The Earl of Midd. had Thanks returned him by the
House, for his Pains and Care in this Employment.
Doctor Sheldon and Doctor Hammond, to attend the King.
A Letter from Colonel Hamon, to the Earl of Midd.
was read, being a Desire of the King's that He might
have some of His Chaplains to attend Him; in particular, Doctor Sheldon and Doctor Hamond.
(Here enter it.)
Resolved, upon the Question, That Doctor Sheldon
and Doctor Hamond (Two of the King's Chaplains) shall
forthwith be sent, from both Houses of Parliament, to
wait upon His Majesty.
Message to the H. C. for their Concurrence, and with the King's Answer about a Treaty.
A Message was sent to the House of Commons, by
Mr. Page and Doctor Bennett:
1. To deliver the King's Answer to them.
2. To deliver to them the Letter of (fn. *) Colonel Hamond to the Earl of Midd. with the Vote concerning
Doctor Sheldon and Doctor Hamond to be sent to the
Report of the Conference about Major Rolfe;
The Speaker reported the Effect of the Conference
with the House of Commons on Saturday last; which
was concerning Major Rolph and Mr. Hallyburton:
"That Part concerning Major Rolph was delivered by
Mr. Serjeant Wylde; who, he said, was committed by
Warrant of this House: That he was in a languishing Condition in Prison, he being a Person that
hath served the Parliament very faithfully. He said,
That this Case was of great Consequence, as being
of great Prejudice to him, the Parliament, and the
Army. Upon the Order, the House of Commons
took Notice of several Things observable in the
Warrant, both in regard of the Illegality in the Imprisonment in Point of Authority, and also of Process;
though he had no Authority to dispute that, in respect
of the keeping a fair Correspondence between the
Houses: Only he did put in a Salvo, according to
the Great Charter, That, if their Lordships should
imprison by an absolute Power, it would be destructive
to the Liberty of the Subject, and the Breach of
the Great Charter. Though it hath been done, yet
it hath been disclaimed, as being done without the
Consent of the Commons. He said, That these Warrants for the Commitment of Major Rolph were illegal,
because he is committed only for being accused of
High Treason; which is too general, whereby he cannot make any Answer to his Accusation. The Party
should know the Cause, and likewise the Gaoler
should know the Offence; else he will be endangered,
who is to suffer according to the Offence of the Party:
Moreover, the Warrant should run, "to continue in
Prison until he be delivered by due Course of Law;"
which this Warrant does not. He said, The House
of Commons also look upon the small Credit of the
Witnesses against him; as Mr. Dowcett, who was
committed for a great Offence, and formerly was Servant to the Earl of Holland; and also Mr. Osborne,
who had forfeited his Trust, and hath committed a
great Offence in the concealing this Business so long
Time after he knew it. Upon the whole Matter, the
House of Commons desires he may have his Liberty,
either by Bail, or some other Way."
and about Halliburton, the Messenger from Scotland.
"The other Part of the Conference, concerning Mr.
Hallyburton, was managed by Mr. Scott; who said,
That Mr. Hallyburton, by Order of the House of
Commons, was to remove presently out of this Town:
But their Lordships had ordered the contrary. And
the Reasons that induced them to do so were, That the
said Mr. Hallyburton was held to be a Person very
ill-affected to the Parliament, and, having a Convoy
from Major General Lambert to come to London, to
deliver a Letter to the Parliament, and one to the
King, he had divers Papers and Letters found about
him, which he privately concealed. The Letters and
Papers were of great Concernment, and tended to
invite divers Persons in this Kingdom to join with the
Scotts that have come into England in a hostile Manner. The House of Commons look upon this Mr.
Hallyburton, who hath a Pretence to be a Public Agent,
but as an Emissary to raise Monies, and to hold Correspondency with all that wish ill to England, and
well to that Party of Scotland that hath invaded us,
and seeks to incense the City against the Parliament.
Upon Consideration of the whole Matter, the House
of Commons desire their Lordships would concur with
them, for sending the said Mr. Hallyburton out of this
Halliburton to attend.
Ordered, That Mr. Hallyburton shall attend this
House To-morrow Morning, to shew his Instructions.
Committee to consider of Major Rolfe's Business.
Ordered, That these Lords following shall state the
Business concerning Major Rolph, and consider what
Answer is fit to be given to the House of Commons:
To meet when they please.
Ordinance to prevent Impositions for Horse being laid on Members, &c.
Ordered, That these Lords following do prepare
and draw up an Ordinance, and bring it in To-morrow
Morning, "That no Member of Parliament, Assistant
to the House of Peers, or Attendant on either House,
shall have any Imposition of Horse or Arms set upon
Any Two; to meet this Afternoon, and to bring
it in To-morrow Morning.
Ordinance concerning the E. I. Co.
Ordered, That the Committee for the Ordinance
concerning the East India Company shall meet Tomorrow in the Afternoon, at Three a Clock; and shall
adjourn from Time to Time, as they shall think fit.
Perchard and Rowland.
Ordered, That Mr. Thomas Seymour shall attend
the Hearing of the Cause of Perchard.
Ordered, That the King's Answer shall be taken
into Consideration To-morrow Morning.
King's Answer to the Votes for a Treaty.
"Carisbrooke, 10 Aug. 1648.
"If the Peace of My Dominions were not much
dearer to Me than any particular Interest whatsoever,
I had too much Reason to take Notice of the several
Votes which passed against Me, and the said Condition
I have been in now above these Seven Months:
But, since you, My Two Houses of Parliament, have
opened (as it seems to Me) a fair Beginning to a happy
Peace, I shall heartily apply Myself thereunto; and
to that End I will, as clearly and shortly as I may,
set you down those Things which I conceive necessary
to this blessed Work; so that we together may remove all Impediments that may hinder a happy Conclusion of this Treaty, which with all Chearfulness I
"And to this wished End yourselves have laid most
excellent Grounds; for, what can I reasonably expect more, than to treat, with Honour, Freedom, and
Safety, upon such Propositions as you have or shall
present unto Me, and such as I shall make to you?
But withal remember, that it is the Definition, not
Names of Things, which makes them rightly known;
and that, without Means to perform, no Proposition
can take Effect. And truly, My present Condition is
such, that I can no more treat, than a blind Man judge
of Colours, or one run a Race who hath both his
Feet fast tied together; wherefore my First necessary
"That ye would recall all such Votes and Orders
by which People are frighted from coming, writing,
or speaking freely to Me. Next, That such Men of
all Professions, whom I shall send for as of necessary
Use to Me in this Treaty, may be admitted to wait
upon Me: In a Word, that I may be in the same State
of Freedom I was in when I was last at Hampton
Court; and indeed less cannot, in any reasonable
Measure, make good those Offers which you have
made Me by your Votes: For, how can I treat with
Honour, so long as People are terrified by Votes and
Orders, to come, speak, or write to Me? And am I
honourably treated, so long as there is none about
Me (except a Barber, who now came with the Commissioners) that ever I named to wait upon Me? or
with Freedom, until I may call such unto Me, of
whose Services I shall have Use in so great and difficult a Work? And for Safety (I speak not of My
Person, having no Apprehension that Way), how can
I judge to make a safe well-grounded Peace, until I may
know (without Disguise) the true present State of all
My Dominions; and particularly of all those whose
Interests are necessarily concerned in the Peace of
these Kingdoms: Which leads Me naturally to the
last necessary Demand I shall make, for the bringing
of this Treaty to a happy End; which is,
"That I alone, or you and I jointly, do invite the
Scotts to send some Persons, authorized by them, to
treat upon such Propositions as they shall make: For,
certainly, the public and necessary Interest they have
in this great Settlement is so clearly plain to all the
World, that I believe nobody will deny the Necessity
of their Concurrence in this Treaty, in order to a
durable Peace: Wherefore I will only say, that, as
I am King of both Nations, so I will yield to none,
in either Kingdom, for being truly and zealously affected for the Good and Honour of both; My Resolution being, never to be partial for either, to the
Prejudice of the other.
"Now as to the Place (because I conceive it to be
rather a circumstantial than real Part of this Treaty,
I shall not much insist upon it), I name Newport, in
this Isle. Yet the servent Zeal I have that a speedy
End be put to these unhappy Distractions, does force
Me earnestly to desire you, to consider what a great
Loss of Time it will be, to treat so far from the Body
of My Two Houses, when every small Debate (of
which doubtless there will be many) must be transmitted to Westminster, before it be concluded. And
really I think (though to some it may seem a Paradox)
that Peoples Minds will be much more apt to settle,
seeing Me treat in or near London, than in this Isle,
because, so long as I am here, it will never be believed, by many, that I am really so free as before
this Treaty begin I expect to be: And so I leave
and recommend this Point to your serious Consideration.
"And thus I have not only fully accepted of the
Treaty, which you have proposed to Me by your
Votes of the 3d of this Month, but also given it all
the Furtherance that lies in Me, by demanding the
necessary Means for the effectual Performance thereof;
all which are so necessarily implied by, though not
particularly mentioned in, your Votes, as I can no
Ways doubt of your ready Compliance with Me
"I have now no more to say, but to conjure you, by
all that is dear to Christians, honest Men, or good
Patriots, that ye will make all the Expedition possible
to begin this happy Work, by hasting down your
Commissioners fully authorized and well instructed;
and by enabling Me (as I have shewed you) to treat;
praying the God of Peace so to bless Our Endeavours, that all My Dominions may speedily enjoy a
safe well-grounded Peace.
"For the Speaker of the Lords House pro
Tempore; to be communicated to the
Lords and Commons in the Parliament of
England, at Westminster."
Letter from Colonel Hammond, that the King desires Doctor Sheldon and Doctor Hammond, His Chaplains, may attend Him.
"This Morning the King acquainted, me, that He
had forgotten to speak to your Lordship and the
other Commissioners with you, concerning the Chaplains; and commanded me to let your Lordship know
His Majesty's Desires therein; which is, That some
of His Chaplains may be with all convenient Speed
sent down to Him, whereof Doctor Shellden and
Doctor Hammond to be Two. This I humbly desire
your Lordship to communicate to the other Commissioners. My Lord, Could I tell you how sensible I
am of the Honour and Favour your Lordship hath
done Me, your Lordship would then know, I am not
altogether unworthy to be called,
Carisbrooke Castle, Aug. 11th, 1648.
"Most humble Servant,
"For the Right Honourable the Earl of
Order for L. Delawar to be Ranger of Finckley Chace.
"Ordered, by the Lords and Commons assembled
in Parliament, that the Custody and Command of
Finckly Chase, in the County of South'ton, being under
Sequestration for the Delinquency of Sir John Phillpott Knight (for the better Preservation of the
Woods and Game therein, which have been and are
daily much wasted and destroyed, by unruly Persons
and others, who wrongfully enter upon the same), be
granted unto Charles Lord La Warr, it lying near to
his Lordship's Lands in the said County, who is desired
to take Care thereof accordingly."
Ordinance for Colonel Copley to have the Wardship of Ralph Hansby.
"Whereas Sir Ralph Hansby, late of Tickhill Castle,
in the County of Yorke, Knight, seised in Fee of divers
Lands in Middlesex and Yorkesheir, and of a Hundred
Pounds per Annum, a Rent Charge, in Nottinghamsheir,
the 2d of November, 1643, died so seised, Ralph his Son
and Heir then and yet within Age; and that, on the
17th of May, 1645, an Office was found in Midd. of
all the Premises; and the 13th Day of July, 21° Caroli,
for a Fine and under a certain Annual Rent, the
Master and Council of the Court of Wards, did demise and grant the Wardship of the Body, and the
Lands of the Infant, to Colonel Lyonell Copley. under
the Seal of the said Court: Be it therefore hereby
Ordered and Ordained, by the Lords and Commons
in Parliament assembled, That the said Lands, and
every Part thereof, be wholly discharged of and from
any Sequestration; and that the said Lyonell Copley,
his Executors, Administrators, and Assigns, shall, from
Time to Time, during the Minority of the said Ralph,
Son and Heir of the said Sir Ralph Hansbye, have, hold,
and enjoy, the Custody and Tuition of the Body of
the said Ralph, and of all the said Lands, and the
whole Benefit thereof, according to the said Grants;
the said Lyonell Copley, his Executors, Administrators,
and Assigns, doing and performing all such Covenants
and Conditions as are in the said respective Grants expressed on his and their Part to be performed: And
the said Lords and Commons do hereby further order
and ordain, and it is hereby further Ordered and
Ordained, That every Person and Persons whatsoever,
whether Committees, Sequestrators, Collectors, or
others, who had, or have, for all or any of the Time
since the Death of the said Sir Ralph Hansby, disposed
of, set to Farm, or enjoyed, the said Estate, or any
Part thereof, or received all or any of the Rents for
the said Estate, or any Part thereof, in the Time aforesaid, shall and are hereby ordered and enjoined, to
account for, and to pay unto the said Lyonell Copley,
or his Assignee or Assigns, all such Rents and Profits
by them or any of them so received, enjoyed, and
taken, of or from any of the Premises, from the
Time of the Death of the said Sir Ralph Hansby, as
if there had been no Sequestration laid upon the said
Estate; and the said Lyonell Copley, his Assignee or
Assigns, his, their, and every of their Acquittance
and Acquittances, shall be their and every of their
sufficient Discharge herein; and all Committees, Sequestrators, Collectors, Tenants, and others, who have,
since the Death of the said Sir Ralfe Hansby, enjoyed
or come to the Possession or Disposition of the Premises, or any Part thereof, are hereby required and
enjoined to yield Obedience hereunto: And the said
Lords and Commons do hereby also order and declare, That Oliver St. John Esquire, His Majesty's
Solicitor General, do prepare a Grant of the Body
and Lands of the said Ralph Hansby, as formerly in
Cases of that Nature hath been accustomed; and
the Commissioners for the Great Seal for the Time
being are hereby authorized and desired to pass the
said Grant, so prepared, under the Great Seal, accordingly."
Order for 5000 l. for Colonel Mitton.
"Be it Ordered and Ordained, and it is hereby
Ordered and Ordained, by the Lords and Commons
in Parliament assembled, and by the Authority of the
same, That the Sum of Five Thousand Pounds be
forthwith advanced and paid to Colonel Thomas Mitton, upon Accompt, out of such Delinquents Fines
or Estates, not formerly discovered or compounded
with, as he shall discover to the Committee at Gouldsmiths Hall, or to the Committees of Sequestrations
in the Countries where their Estates lie; out of whose
Fines and Estates the said Committees and every of
them respectively are hereby ordered to pay the said
Sum of Five Thousand Pounds to the said Colonel
Thomas Mitton, or his Assigns, accordingly; whose
Receipt or Receipts for the same shall be a sufficient
Warrant and Discharge to the said Committees, and
every of them respectively, and to every such Person
and Persons as shall pay the same."
Letter to L. Fairfax, for the E. of Holland to be delivered to the Gent. Usher.
"The Lords assembled in Parliament, being informed
that the Earl of Holland is now Prisoner in Warwick Castle, have ordered, That the Gentleman
Usher of this House do take his Lordship into his
Custody, that so he may be kept as their Prisoner,
he being a Peer of this Realm: And their Lordships
have commanded me to desire your Lordship to give
Order to the Governor of Warwicke Castle, for the
Delivery of him to the Gentleman Usher accordingly.
Thus I rest
Westm'r, this 14th of August, 1648.
Narrative of the Commissioners who went to the King with the Votes for a Treaty.
"The E. of Midd Account to the House.
"On Monday, the 7th of August, we addressed ourselves to the King, to deliver the several Votes of
both Houses; and, after having read them, we told
His Majesty, "That we had but Ten Days, for going,
staying, and returning." His Majesty was pleased to
ask, "Whether the Ten Days were not to be counted
from the Delivery of the Message?" We answered,
"No; and that they were to be accounted from
Friday, the Day of our setting forth. The King replied, "That he had not then Five Days for to consider of His Answer; which He presumed we expected
in Writing." His Majesty was pleased farther to express, "He had none to help Him; no, not so much
as a Clerk to transcribe: However, He would really
contribute his best Endeavours to a happy Peace."
After a short Pause, the King said, "I would have
sent to the Parliament;" and desired us to take Notice, "that His long Silence proceeded not out of any
stupid Lazinge, or His being insensible of His own or
the Kingdom's Condition, but from the Incapacity
that was put upon Him." His Majesty further said,
"That now that there was a Way opened to a Treaty, which He ever thought was the best Means to a
durable Peace, He would chearfully embrace it; and
that none should more readily run to it than Himself;
and for His Part (as being more concerned than any
any One in the Kingdom, I speak it without Vanity,
nay, should I say more than all, he hoped 'twould not
be thought a hyperbolical Expression), He was assured,
whosoever gained, He should be the Loser."
"His Majesty then read the Votes to Himself; and as
He was reading them said, "He liked them well, His
Desires being included in these Votes; for what could
He desire more, than to treat with Honour, Freedom,
and Safety, upon the Propositions, and such other
Things as either He or the Houses should offer?"
His Majesty asked, "Whether the Commissioners
were named that were to treat?" We answered,
"No." The King said, "In a Treaty, there were
Two Things considerable, some of Necessity, and
some of Conveniency." After a little Pause, the
King said, "He would go to prepare His Answer,
that He might not delay a Minute to promote so good a
Work." And so dismissed us for that Time.
"On Thursday, August the 10th, we waited on His
Majesty, to receive His Answer; and, upon our Entrance, He said, "He was sorry He was limited to
so short a Time, and so little Means; but, notwithstanding, He had prepared His Answer." Immediately before the reading thereof, He used these Expressions, "That the last Message He sent was delivered to the Commissioners sealed; and if it had
been so presented to the Houses, 'twould have been
better for Him; but now He thought it fit to send this
open, for He thought He could not be in a worse
Condition than He was, being under so close a Restraint, none being suffered to speak a Word without
"His Majesty then produced and read His Answer
aloud in the Presence Chamber, being full of Company; and after it was read, His Majesty said,
"That He had therein endeavoured to give Satisfaction to His Parliament; there being nothing in it but
what He conceived was implied in the Votes of both
"After a little Pause, His Majesty further said,
"That there might be some that would oppose this
Treaty, being Gainers by the War, and therefore
desired the Continuance of it."
"His Majesty farther said, "That others may think
Me revengeful; but, for My Part, I am so far from
seeking any, that if a Straw would hurt them, I
would not stoop to take it up. God forgive them;
for I do." Not long after, when we came to take
our Leaves, the King called the Commissioners apart
from the Company, and asked, "How they liked His
Answer?" We replied, "That we hoped it might be
a Means to restore the Peace to the Kingdom."
Brown, Cler. Parl. not to have any Impositions for Horses laid on him.
Ordered, That John Browne Esquire, Clerk of the
Parliaments, constantly attending this House, shall have
no Imposition in any Kind put upon him, by any
Person or Persons whatsoever; neither is he to be molested or troubled, by Warrants or otherwise, for the
raising of Horse or Arms for this War, in the County
of Midd. unless it be by the special Order and Direction of the House of Peers: And hereof all Committees, and others herein concerned, are to take Notice,
upon Sight of this Order, and yield their ready Obedience hereunto, as they will answer the contrary to
House adjourned till 10a cras.