House of Lords Journal Volume 5: 17 March 1643

DIE Veneris, 17 die Martii.

PRAYERS.

Earl of Manchester was appointed to be Speaker this Day.

Rayner to be attached, for Words against the King.

Upon Report of Mr. Justice Reeves, and delivering in some Informations taken by Sir John Lenthall, concerning presumptuous Words spoken against His Majesty, by one Edmond Rayner, of Lambeth; this House Ordered, That the said Rayner shall be attached, and brought before this House on Tuesday next.

Cheeseman to be attached, for blasphemous Words.

And also, upon further Information, "That one Edmond Cheeseman of Lambeth, hath spoken blasphemous Words:" Hereupon this House Ordered, That the said Cheeseman shall be attached, and brought before this House on Tuesday next; and that then Sir John Lenthall shall attend this House, with the Witness both against Rayner and Cheeseman.

Kayes recommended to the Abp. of Canterbury, for the Living of Sundrich, in Kent.

Upon the Petition of John Kayes, Minister, and Lecturer of Nicholas Acons, London, shewing, "That Dr. Hall, Rector both of Barking Church in Essex, and of Sundritch in Kent, is willing to resign his lesser Parsonage of Sundritch to the Petitioner:" Whereupon he did attend the Archbishop of Cant. that he would present the Petitioner unto the said Church; who answered, "He had such a Restraint (fn. 1) laid upon his Power by Parliament, that he could not do (fn. 2) it:" Hereupon this House Ordered, That he be recommended to the Archbishop of Canterbury.

L. Stanhope, Leave to go to France.

Ordered, That the Lord Stanhope hath Leave to go into France, for his Health.

Edwards and Buchanan, a Pass.

Ordered, That Mr. Thomas Edwards, and Rob't Buchanan Yeoman of the Wine Cellar to His Majesty, shall have a Pass, to go to Oxford.

Justice Mallet, Leave to go out with his Keeper.

Upon the humble Petition of Sir Thomas Mallet Knight, One of the Justices of His Majesty's Court of King's Bench, desiring "that he may have Leave given him to go abroad, with a Keeper, about his own Affairs, provided he return to The Tower every Night."

Which this House Ordered accordingly.

Spaniards, taken in Lancashire to be brought up.

Ordered, That those Spaniards that are taken in Lanchashire shall be brought up to London speedily; Don Francisco de Aco, Don Alonzo Navarro, with the rest of the Spaniards taken in a Frigate called St. Ann of Dunkerke; and the Party that the Spanish Ambassador shall send about this Business shall have a Pass, to go and bring them to London; and all Sheriffs, Justices of the Peace, and other Officers, within the several Counties where the aforesaid Spaniards shall pass, shall be aiding and assisting to such Persons as the Spanish Ambassador shall send, that the said Persons be brought up (fn. 3) without any Molestation or Trouble.

Message to the H. C. about the Instructions for the Committees that are to go to the King. Sir Robert Dormer, Leave to go into the Country upon Bail.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfeilde and Mr. Serjeant Glanvile:

To desire that select Committees may be appointed, to meet this Afternoon, at Five of the Clock, to draught up Instructions to be given to the Committees that are to go to the King, about the Treaty.

Ordered, That Sir Rob't Dormer shall have Leave to go into the Country to his House, giving Bond of Five Hundred Pounds to the Gentleman Usher to appear before this House (fn. 3) within Fourteen Days after Notice given him from this House.

The Messengers return with this Answer from the House of Commons:

That they will give an Answer by Messengers of their own.

Message from the H. C. for Concurrence in Orders of Sequestration;

A Message was brought from the House of Commons, by Sir Rob't Harley, Knight of the Bath:

1. To desire their Lordships Concurrence to divers Orders of Sequestrations.

and to sit P. M.

2. To let their Lordships know, that the House of Commons intend to sit this Afternoon, at Three of the Clock; and they desire that their Lordships would be pleased to sit likewise, for they have some Business of Importance to acquaint their Lordships with.

Ordered, To sit at Three of the Clock, as is desired.

Some of the Orders were read, as followeth:

Order from the H. C. for Concurrence.

1. An Order to sequester the Tithes and Profits of the Church of in the County of Surrey, from Mr. Spencer.

Ordered, To be respited until Thursday next, at which Time their Lordships will hear the Witness (fn. 4) upon whose Testimony the Order was grounded.

The like for the rest of the Sequestrations brought up this Day.

The Answer returned was:

Answer to the H. C.

That this House will send an Answer, by Messengers of their own, concerning the Orders now brought up; and that their Lordships will sit this Afternoon, at Three of the Clock, as is desired.

Message from the H. C. with an Ordinance for seizing Delinquents Estates.

A Message was brought from the House of Commons, by Mr. Wm. Strode; who was commanded to present to their Lordships an Ordinance for the seizing and sequestering the Estates of certain Kinds of notorious Delinquents.

The Answer returned was:

Answer.

That their Lordships will send an Answer to this last Message by Messengers of their own.

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker.

Message to the H. C. that the Lords will take the Orders for Sequestrations, into Consideration.

A Message was sent to the House of Commons, by Dr. Bennet and Dr. Heath:

To let them know, that this House hath appointed Thursday Morning next, to hear the Proofs against those Persons mentioned in the Orders of Sequestrations brought up this Day, that so their Lordships may agree with the House of Commons therein; and the Parties whom it concerns are to have Notice to attend.

Heron, a Pass.

Ordered, That Henry Heron Esquire, who lately brought a Message from His Majesty to the Parliament, shall have a Pass, to return to Oxford from London, with Four Servants, and Eight Horses, and other Necessaries for his Journey; and this to be without Trouble or Interruption.

The Messengers return with this Answer:

That they have delivered their Message to the House of Commons.

Colonel Essex to be sent up, to give an Account of the Conspiracy at Bristol.

Ordered, That the Lord General be desired, from this House, to send Colonel (fn. 5) Essex to this House, that he may be examined concerning the Conspiracy at Bristoll.

Message from the H. C. that they agree to the Articles for the Cessation, and for drawing up Instructions for the Committee, who are to present them.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight:

To let their Lordships know, that they did agree with their Lordships to the Articles for the Cessation sent down to them Yesterday; and that (fn. 6) the same be presented to the King by the Committees (Here enter them.): And whereas their Lordships did this Morning, by Message, desire that the select Committees of both Houses might meet, to consider and draw up Instructions, which are to be given to the Committees of both Houses that are to treat with His Majesty, how they shall demean themselves in the Carriage of that Business; the Committee of the House of Commons are ready to give their Lordships a Meeting, at such Time as their Lordships shall please to appoint.

The Answer returned was:

Answer.

That the Committee of this House shall meet presently, with the Committee of the House of Commons, in the Painted Chamber.

The House was adjourned during Pleasure; and the Lords Committees went to meet the Committees of the House of Commons, in the Painted Chamber.

The Lords returning, the House was resumed.

Articles for the Cessation of Arms.

"The Lords and Commons in Parliament, being still carried on with a vehement Desire of Peace, that so the Kingdom may speedily be freed from the Desolation and Destruction wherewith it is like to be overwhelmed if the War should continue, have, with as much Expedition as they could, considered of the Articles of Cessation, with those Alterations and Additions offered by His Majesty, unto which they are ready to agree, in such Manner as is expressed in these ensuing Articles: videlicet,

"1. That all Manner of Arms, Ammunition, Victuals, Money, Bullion, and all other Commodities, passing without a Safe Conduct from the Generals of both Armies, as well of His Majesty's as of the Armies raised by the Parliament, may be stayed, and seized on, as if no such Cessation were agreed on at all.

"2. That all Manner of Persons, passing without such a Safe Conduct as is mentioned in the Article next going before, shall be apprehended and detained, as if no such Cessation were agreed on at all.

"3. That His Majesty's Forces in Oxfordshire shall advance no nearer Windsor than Wheatly, and in Buckinghamshire no nearer to Aylesbury 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 on for the Cessation to begin; and that the Forces of the other Army raised by the Parliament shall advance no nearer to Oxford than Allsbury; 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.

"4. That the Forces of either Army; in Gloucestershire, Wilts, and Wales, as likewise in the Cities of Gloucester and 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 the Publishing of this Cessation, and under the same Conditions as are mentioned in the Articles before; and that this Cessation shall not extend to restrain the setting forth or employing of any Ships for the Defence of His Majesty's Dominions.

"7. That, as soon as His Majesty shall be pleased to disband the Armies, which both Houses earnestly desire may be speedily effected, and to disarm the Papists according to Law, the Subjects may then enjoy the Benefit of Peace, in the Liberty of their Persons, Goods, and Freedom of Trade: In the mean Time, the Generals and Commanders of the Armies of both Sides shall be enjoined to keep the Soldiers from Plundering, which the Two Houses of Parliament have ever disliked and forbidden.

"And, for the speedy settling of this so-muchdesired Peace, they have thought good to send their Committees, with Instructions, that, if His Majesty be pleased to consent to a Cessation so limited and qualified, they may forthwith proceed to treat upon the Propositions; and, because the Time is so far elapsed in these Preparations, they desire the Cessation may begin the Five and Twentieth of this Instant March, or sooner if it may be; and, in the mean Time, Notice be given to all the Forces in the several and remote Parts; and the Commanders, Officers, and Soldiers, enjoined to observe this Cessation accordingly: To which they hope and pray that God will give such a Blessing, as may produce and confirm Peace, Safety, and Happiness, to His Majesty and all His People."

Adjourn.

House adjourned till 10^a cras.