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. *) "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. *) the Petitioner is His Majesty's sworn Ser
vant, and in (fn. *) 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. †) 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
"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. ‡) "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. ||) 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
"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
"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. *) 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
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.
Dr. Layney, Ministers.
The Duke of Richmond's Servants.
Patrick Lambs, Cooks and Buttrymen.
James Malakin, Footmen.
William Falkinham, Grooms.
Tom Coachman, and a Postilion.
The Marquis of Hertford's Servants.
Earl of Kingston's Servants.
Earl of Chichester's Servants.
Row. Price, Groom.
John Trewman, Footman.
Tym. Bull, Waggoner.
Lord Capell's Servants.
Lord Seymour's Servants.
Lord Hatton's Servants.
Lord Culpeper's Servants.
Wm. Pollard, Coachman.
Jo. Dobson, Groom.
Alexand. Bancks, Postilion.
Jo. Butby, Footman.
Earl of Southampton's Servants.
Edm. Smith, Physician.
Richard Evatt, Coachman.
George Bannes, Postilion.
John Hencock, Groom.
Jo. Marth, Waggoner.
Richard Gregory, Footman.
Sir Edward Nicholas' Servants.
Sir Edward Hide's Servants.
Sir Richard Lane's Servants.
Sir Orlando Bridgman's Servants.
Sir Tho. Gardner's Servants.
Mr. John Ashburnham's Servants.
Mr. Jeff. Palmer's Servants.
Dr. Stewart's Servants.
Doctor Sheldon's Servants.
Dr. Lanye's Servant.
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
"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
"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.