DIE Lunæ, videlicet, 6 die Martii.
Earl of Manchester, Speaker this Day.
Commission to be sent to adjourn the Lancaster Assizes.
Ordered, That a Pass shall be made, to send a
Commission to Lancashire, to adjourn the Assizes at Lancaster; and the Person that brought the said Commission
from the King from Oxford shall have a Pass, to return
to Oxford again.
The Speaker acquainted the House, "That he hath
received a Letter, by Mr. Cary, from the Lord Viscount Falkland."
Ld. Falkland's Letter, with a Message from the King.
"I have, by His Majesty's Command, sent your
Lordship inclosed His Majesty's Answer to the Votes
agreed on by the Lords and Commons, concerning a
Treaty, and to their Desire of a Safe Conduct for a
Committee named by them (inclosed in a Letter of
your Lordship's to me, 28 February), together with
the Safe Conduct, and a Copy of the Proclamation
mentioned in His Majesty's Answer; and remain
"Your Lordship's humble Servant,
Oxford, March 3.
"To the Right Honourable the Earl of Manchester, Speaker of the House of Peers
The King's Answer, concerning the Committee's attending Him with the Propositions for a Cessation.
"His Majesty hath sent a Safe Conduct for the Earl
of Northumb. Mr. Pierpoint, Sir Wm. Armyne, Sir
John Holland, and Mr. Whitlock; but hath not admitted the Lord Say to attend Him, as being excepted
against by Name, in His Proclamation at Oxford, of
the 3d of November, and, by Writ to the Sheriff,
proclaimed then in that County, in which His Majesty's Intention is declared, to proceed against him
as a Person guilty of High Treason, and so falling to
be within the Case of Sir John Evelyn; who, upon
the same Exception, was not admitted to attend His
Majesty with the rest of the Committee at Colebrooke,
in November last. But His Majesty doth signify, that,
in Case the House shall think fit to send any other Person in the Place of the Lord Say, that is not included
in the like Exception, His Majesty hath commanded
all His Officers, Soldiers, and other Subjects, to suffer
him as freely to pass and re-pass as if his Name had
been particularly comprised in this Safe Conduct.
"His Majesty is content that His Proposition concerning the Magazines, Forts, Ships, and Revenue,
and the Proposition of both Houses for the Disbanding of the Armies, shall be first treated of and agreed
of [ (fn. *) before the proceeding to treat upon any of the
other Propositions]; and that, after, the Second of
His Majesty's and the Second of theirs be treated on
and agreed of; and so on in the same Order; and
that, from the Beginning of the Treaty, the Time
may not exceed Twenty Days, in which He hopes a
full Peace and right Understanding may be established
throughout the Kingdom."
Next, the Proclamation was read, and the Safe Conduct.
Next, another Letter was read, written to the Speaker,
from the Lord Viscount Falkland, as followeth:
Ld. Falkland's Letter; with another Message from the King.
"I have sent your Lordship inclosed His Majesty's
Answer to the Articles concerning a Cessation proposed by both Houses of Parliament to His Majesty,
and inclosed in a Letter of your Lordship's to me, of
the 28th of February; which being all that I have in
Command from His Majesty, I remain
"Your Lordship's humble Servant,
Oxford, March 3.
"To the Right Honourable the Earl
of Manchester, Speaker of the
House of Peers pro Tempore."
The Message was read, as followeth:
The King's Answer to the Propositions for a Cessation of Arms.
"His Majesty hoped the Treaty would have been
begun and the Cessation agreed on long since, and
that much might in this Time have been concluded,
in order to the Peace and Happiness of the Kingdom;
but since in almost a Month (for His Majesty's Propositions were made (fn. †) on the Third of February, and He
heard not since from both Houses till the First of
March) no Consent hath been yielded to it, He conceives the Cessation cannot begin so soon as the Fourth
of this Month, by which Time (though His Majesty
uses no Delay in making His Answer) the same can
hardly be returned to them; and many of the Articles now presented to Him from both Houses concerning the Cessation are so strict, that such of His
good Subjects who are not of His Army (and for
whom generally He shall always have a principal,
just, and compassionate Regard) receive not any Benefit or are restored to any Liberty thereby, which
His Majesty shall ever insist upon (when in Matters
merely concerning Himself, He may descend to easier
Conditions), and which He hath returned with such
Alterations as He doubts not both Houses will consent
to; and do sufficiently manifest how solicitous His
Majesty is for the Good of His People, and desirous
He is that, in this unnatural Contention, no more
Blood of His Subjects may be spilt (upon which He
looks with much Grief, Compassion, and Tenderness
of Heart), even of those who have lifted up their
Hands against Him; and His Majesty therefore desires (against which He can imagine no Objection can
be made) that the Cessation may begin upon the
Twelfth of this Month, or sooner if the Conditions
of the Cessation should be sooner agreed on, and is
willing that the same continue for Twenty Days; in
which Time He hopes, by the Treaty, and the clear
understanding of each other, a full Peace and Happiness may be established throughout the Kingdom;
and, during that Time, His Majesty is willing that
neither Side shall be bound or limited by this Cessation, in any other Wise, or to any other Purpose,
than is hereafter expressed:
"1. First, That all Manner of Arms, Ammunition,
Money, Bullion, and Victuals, passing for the Use of
either Army, without a Pass or Safe Conduct from
the Generals of each Army, may be stayed and seized
on, as if no Cessation were agreed on at all.
"2. That all Officers and Soldiers of either Army,
passing without such Licence or Safe Conduct as
aforesaid, may be apprehended and detained, as if
no such Cessation were agreed on at all; and that all
Manner of Persons, His Majesty's Subjects, of what
Quality or Condition soever (except Officers and Soldiers of either Army) shall pass to and from the Cities of Oxford and (fn. *)
London, and back again, at their
Pleasures, during this Cessation, as likewise to and
from any other Parts of His Majesty's Dominions,
without any Search, Stay, or Imprisonment of their
Persons, or Seizure and Detention of their Goods or
Estates; and that all Manner of Trade, Traffic, and
Commerce, be free and open, between all His Majesty's Subjects, excepting as aforesaid between the
Officers and Soldiers of either Army, or for Arms,
Ammunition, Money, Bullion, or Victuals, for the Use
of either Army, without a Pass or Safe Conduct as
aforesaid, which may be a good Beginning to renew
the Trade and Correspondency of the Kingdom, and
whereby His good Subjects may be restored to that
Liberty and Freedom they were born to, and have
so happily enjoyed till these miserable Distractions,
and which, even during this War, His Majesty hath
to His utmost laboured to preserve; opening the
Way, by most strict Proclamations, to the Passage
of all Commodities, even to the City of London itself.
"3. That His Majesty's Forces in Oxfordshire shall
advance no nearer to Windsor than Wheatley, and in
Buckingamshire no nearer to Aylsebury than Brill;
and that in Berkshire the Forces respectively shall not
advance nearer the one to the other than they shall
be at the Day to be agreed upon for the Cessation
to begin; and that the Forces of the other Army in
Oxfordshire shall advance no nearer to Oxford than
Henley, and those in Buck no nearer to Oxford than
Aylsebury; and that the Forces of neither Army shall
advance their Quarters nearer to each other than
they shall be upon the Day agreed on for the Cessation to begin, otherwise than in Passage and Communication between their several Quarters respectively,
without any Acts of Hostility each to other; but may
enlarge themselves within their own Quarters respectively, as they shall find convenient.
"4. That the Forces of either Army, in Glo'stershire, Wiltshire, and Wales, as likewise in the Cities
of Glocester, Bristoll, and the Castle and Town of
Berkley, shall be guided by the Rule expressed in the
latter Part of the precedent Article.
"5. That, in Case it be pretended on either Side
that the Cessation is violated, no Act of Hostility is
immediately to follow; but first the Party complaining is to acquaint the Lord General on the other
Side, and to allow Three Days after Notice given for
Satisfaction; and, in Case Satisfaction be not given
or accepted, then Five Days Notice to be given before
Hostility begin; and the like to be observed in the
remoter Armies, by the Commanders in Chief.
"6. That all other Forces, in the Kingdom of England and Dominion of Wales, not before mentioned,
shall remain in the same Quarters and Places as they
are at the Time of publishing this Cessation, otherwise than in Passage and Communication between
their several Quarters, as is mentioned in the latter
Part of the Third Article; and that this Cessation
shall not extend to restrain the setting forth or employing any Ships for the Defence of His Majesty's
Dominions, provided that His Majesty be first acquainted with the Particulars, and that such Ships as
shall be set forth be commanded by such Persons as
His Majesty shall approve of.
"7. Lastly, That, during the Cessation, none of His
Majesty's Subjects be imprisoned, otherwise than according to the known Laws of the Land; and that
there shall be no Plundering or Violence offered to
any of His Subjects.
And His Majesty is very willing, if there be any
Scruples made concerning these Propositions, and Circumstances of the Cessation, that the Committee for
the Treaty nevertheless may immediately come hither,
and so all Matters concerning the Cessation may be
here settled by them."
Lord Say & Seal submits to the House, whether he shall be One of the Committee to attend the King.
The Lord Viscount Say & Seale said, "He never
heard this Proclamation read before; and what he
did was in Obedience to the Commands of the Parliament, for the settling of the County of Oxon in
Quietness and Security; and, if he shall be proclaimed a Person guilty of High Treason for doing
his Duty to the Commands of Parliament, it will be
a Case worthy their Lordships Consideration, as a
Thing much concerning the Privileges of Parliament;
but, for his Part, rather than the Treaty and Cessation of Arms for obtaining a happy Peace between
the King and Kingdom [ (fn. *) should be delayed], he desired that their Lordships would give him Leave to
attend this House, and dispense with his Attendance
on the Service:"
But the House, conceiving that this Precedent tends
to the infringing of the essential Privileges of Parliament, left it freely to the Lord Viscount Saye &
Seale, to go or not go as he shall please, as the
House of Commons did Sir John Evelyn in the like
Conference to be had with the H. C. about the King's Answers.
Ordered, To have a Conference with the House
of Commons, and communicate the Messages received
this Day from His Majesty; and to desire that the House
of Commons would appoint a Committee, to meet with
a Committee of Twelve Lords, to meet and take into
Consideration the King's Message, concerning the Articles touching the Cessation of Arms, and report to the
House what they think fit to be done thereupon.
The Lords Committees were these:
Committee for the Conference.
|L. Viscount Say & Seale.
L. Viscount Conway.
Ds. Howard de Esc.
Their Lordships, or any Five, to meet this Afternoon, at Four of the Clock, and at such other
Times as they think (fn. *) fit.
Message to the H. C. for it.
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
To desire a present Conference, in the Painted
Chamber, touching some Messages received from the
The Answer returned was:
That they will give a present Conference, as is desired.
Dr. Chambers, a Pass.
Ordered, That Dr. Chambers shall have a Pass, to
go quietly to Oxford.
Sanderson, Count Egmont's Servant, a Pass to France.
Ordered, That Mr. George Sanderson, One of the
Gentlemen of Count Egmont, and his Servant, shall
have a Pass, to go to Parris, about his Lordship's Affairs.
Message from thence, with Three Orders for Concurrence.
A Message was brought from the House of Commons,
by Sir Henry Vane, Junior:
To desire their Lordships Concurrence in these Orders following:
1. An Order concerning a Thousand Pounds to be
paid to the Lord Brooke's Executors. (Here enter it.)
2. An Order concerning Assessments to be made for
Relief of maimed Soldiers. (Here enter it.)
3. An Order concerning the Materials for making of
Powder to be conveyed to Guildford, by Mr. Sam. Cordell. (Here enter it.)
The Answer returned was:
That this House agrees with the House of Commons
in the Three Orders now brought up.
Griffith, about Ld. Arundel's Business, a Pass.
Ordered, That John Griffith shall have a Pass,
with his Servant and Horses, to travel into the several
Counties of Nott. Yorke, Derby, and Salop, and to return back again, concerning the Business of the Earl of
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Order for 1000l. to Ld. Brooke's Executors.
"It is this Day Ordered, by (fn. *) the Lords and Commons House of Parliament, That the Treasurers at
Guildhall, London, do forthwith pay, unto the Executors of the Lord Brooke, the Sum of One Thousand
Pounds, with Consideration, formerly lent to the Parliament, upon the Propositions, by the late Lord
Brooke, out of the First Monies that are or shall
come in; and that an Acquittance under their or any
One of their Hands shall be a sufficient Discharge to
the said Treasurers."
Order for Cordwell to carry his Materials to make Powder.
"It is this Day Ordered, by the Lords and Commons in the Parliament assembled, That Mr. Samuell
Cordewell, appointed by the Parliament to make Powder at his Works near Guildford, in Surrey, be permitted to carry his Salt-petre, Gunpowder, and other
Materials necessary for that Service, to the Place of
his Works aforesaid, without any Interruption or
Hindrance of any whatsoever; provided that, for the
better Safety, the said Mr. Cordewell do not carry
above Eight Ton of Petre for the present; and, after
his Return of a Fortnight's Powder, to supply his
Stores of Petre with such Quantity, from Time to
Time, as the Committee for the Navy shall appoint."
Order for Relief of maimed Soldiers and their Families.
"Whereas divers well-affected Persons have gone
forth in the Army raised by the Parliament for the
Defence of the Parliament, Religion, Laws, and Liberties of the Subjects of England, and in Fight have
received divers Wounds and Maims in their Bodies,
whereby they are disabled to relieve themselves by
their usual Labour; and divers others have lost their
Lives in the said Service, whereby they have left
their Wives and Children destitute of Relief to support and sustain them: The Lords and Commons assembled in Parliament, taking the same into their
pious and charitable Consideration, and having relieved divers of them here at London with some small
Relief for their present Subsistence, but finding that
that Course cannot be held for any Continuance of
Time without many Inconveniences, have thought
fit, and do hereby Ordain, That, in every Parish
within the Kingdom of England, wherein any such
Persons either now maimed or slain did last inhabit,
afore their going forth to the aforesaid Service, shall
raise a competent Stock of Money, by Way of Assessment upon the Inhabitants of the said several Parishes, for the Relief of the said maimed Soldiers,
and the Widows and fatherless Children of the said
slain Persons; and that the Churchwardens, Collectors for the Poor, Constables, Tithing-men, or
any Two of them, within any of the said several
Parishes, shall hereby have Power and Authority to
assess, levy, and collect, so much, upon the several
Inhabitants of their several Parishes, as they in their
Discretions shall think fit and necessary, for the Relief
of the said maimed Soldiers, Widows, and fatherless
Children, and to distribute the same according to the
several Necessities of the said poor People; and shall
Once every Year, at the General Quarter Sessions
holden for the County, or for any Borough or Town
Corporate that hold any Sessions, wherein any such
Assessment or Collection shall be made, send in their
particular Accompts, both of their Assessments, Collections, and Disbursements, there to be recorded;
and, if any shall refuse to pay according to the said
Assessments, the said Assessors shall hereby have
Power to distrain the Goods or Chattels of all such
Persons as shall so refuse, for the Satisfaction of the
said Assessment; and shall and may certify the Names
to the Committee of the House of Commons for
Examinations, who shall have Power to send for
them as Delinquents; and, to the End that the Deceit which may be endeavoured in the due Prosecution of this Ordinance may be prevented, it is further hereby Ordained, That all such Soldiers who
have been maimed in the Service of the Parliament
aforesaid, as also all such Widows and fatherless
Children, whose Husbands and Fathers have been
slain in the said Service, or shall die of any Hurt received in the said Service, shall bring unto the aforementioned Assessors a Certificate, under the Hand of
the Colonel, or under the Hand of some other Commander, or the Clerk of the Band of that Regiment
wherein the said Soldiers or slain Persons did formerly serve, of the Truth of their being maimed or
slain in the said Service, which shall be a sufficient
Warrant for the said Assessors to make and levy such
Assessments as aforesaid."
The King's Pass for the Committee, who are to attend Him with the Propositions about the Cessation of Arms.
"Our Will and Pleasure is, and We do hereby
strictly charge and command all the Officers and
Soldiers of Our present Army, and all Our Ministers and Subjects whatsoever, to permit and suffer Our Right Trusty and Right Well-beloved Cousin
and Counsellor Algernon Earl of Northumberland,
and Our Trusty and Well-beloved William Pierpointe Esquire, Sir Wm. Armyne, and Sir John Holland, Knights, and Bulstrode Whitlocke Esquire, together with their Servants, to pass and re-pass to
and from Us, without any Lett or Hindrance; they
being now sent to attend Us from Our Two Houses
of Parliament. This Our Safe Conduct, under Our
Sign Manual and Royal Signet, We charge and
command them, and every of them, punctually to
observe and obey, as they will answer the contrary
at their utmost Perils.
"Given at our Court at Oxford, the 3d of March,
House adjourned till 10a cras.