DIE Mercurii, videlicet, 5 die Aprilis.
PRAYERS.
Earl of Manchester, Speaker this Day.
Assistants of this House, to have a Protection.
Ordered, That Mr. Baron Trevor, and all the rest
of the Assistants of this House, shall have a Protection
from this House, to preserve their Houses, Goods, and
Servants, from Plundering; and that they shall have
Liberty [ (fn. *) to come] to London, if they think fit.
The Speaker acquainted this House, "That he hath
received a Letter from the Lord Viscount Falkland;"
which was commanded to be read, as followeth:
Lord Falkland's Letter, with the King's Answer to the Reasons of both Houses for not assenting to the Articles of Cessation.
"To the Right Honourable the Earl of Manchester,
Speaker of the House of Peers pro Tempore.
"My Lord,
"I am commanded, by His Majesty, to direct to your
Lordship this His inclosed Answer to the Reasons given by both Houses to His Majesty, for their not assenting to His Majesty's Articles of Cessation; and,
this being all I have in Command, I remain,
Oxford 4th April, 1643.
"My Lord,
"Your Lordship's
"Very humble Servant,
"Falkland."
Next, His Majesty's Answer was read, as followeth:
(Here enter it.)
Next, a Letter written to the Earl of Manchester,
Speaker of this House, from (fn. †)
Letter from the Committee at Oxford about it.
"My Lord,
"I am told, that His Majesty's Answer concerning the
Cessation is dispatched, and sent to both Houses. I
thought it my Duty to send your Lordship these inclosed Papers, being Questions proposed to us by His
Majesty, upon the Third Article of the Cessation,
and our Answers to them; not knowing but that they
may be useful to the House upon the Debate of the
King's Answer; and so, for the present, I rest
Oxford, 3d April, 1643.
"Your Lordship's humble Servant,
"Northumb."
"March 31, 1643.
Question from the King, concerning the Third Article.
"Whether, by denying the Communication of Quarters, you intend to restrain the Quarters of either
Army from each other, as that the Forces at Abington
may not remove to Banbury, or the Forces at Henly
may not remove to Alesbury, or to any other Places
within the Quarters of each Army respectively?
"Falkland."
"March 31, 1643.
Committee's Answer.
"In Answer to Your Majesty's Question upon the
Third Article of the Cessation, we humbly conceive
that it is not intended to restrain the Quarters of either Army respectively from each other, so as they
come not nearer the Quarters of the other Army;
but that the Forces at Abingdon may remove to
Banbury, or the Forces at Henley may remove to
Alsebury, or to any other Places within the Quarters
of each Army respectively, (fn. ‡) so as the Forces of either Army respectively come not nearer the Quarters
of the other Army than they shall be upon the Day
agreed on for the Cessation to begin.
"Northumb.
W. Pierepont.
Jo. Holland.
W. Armyn.
B. Whitlocke."
"March 31, 1643.
Question from the King, about Removal of Quarters.
"His Majesty desires to be resolved by the Committee of Lords and Commons, whether the Forces at
Oxford may not as well go to Reading as the Forces
at Henly may to Alsebury?
"Whether His Majesty's Forces belonging to the
Army at Oxford may not go to Shresbury, or any
other Place backward from London, so that, in their
March, they approach no nearer to any Quarters of
any of the contrary Armies, till some of His Majesty's
Forces shall quarter upon the Day agreed upon for
the Cessation to begin?
"Falkland."
"March 31, 1643.
Committees Answer.
"We humbly conceive that, by our Instructions, we
are not enabled to give any Resolution upon Your
Majesty's Questions concerning the Removal of Quarters, other than we have already given.
"Northumb.
W. Pierepont.
W. Armyn.
Jo. Holland.
B. Whitlocke."
To be communicated to the H. C. and Committees to meet about them.
Ordered, That these Papers shall be communicated
to the House of Commons, at a Conference; and desire
that the Committees of both Houses, appointed to consider of the Articles of Cessation, may meet this Afternoon, at Three of the Clock, and consider what is fit to
be done upon these Papers from the King; and what Directions are to be given to the Committees at Oxon, concerning this Business.
Message to the H. C. for that Purpose.
A Message was sent to the House of Commons, by
Dr. Aylett and Dr.
To desire a Conference, touching an Answer received from the King.
Sir Robert Rich, a Pass.
Ordered, That Sir Rob't Rich shall have a Pass, to
go into North'tonshire.
Latham, the King's Woollen-draper arrested.
Delinquents sent for.
Upon the Petition of Wm. Latham, Woollen-draper
to His Majesty, being arrested going to the Maundy at
Oxford: It is Ordered, That the Parties, videlicet,
Wm. Hawkes a Serjeant, and John Perrott a Scrivener,
and Symon Perrot of London Gentleman, shall have Notice to appear before this House To-morrow; and then
this House will take this Business further into Consideration.
Sir William Bronckard, Leave to stay in Town Four Days.
Ordered, That Sir Wm. Bronckard, that came from
Oxford with the Answer from the King, shall have Leave
to stay in London and Westm. Three or Four Days, before he returns to Oxford.
Baynes, Lord Morley's Servants Privilege.
Ordered, That Will. Bridges, and Thomas Spalding,
and John Baynes Servant to the Lord Morley, shall attend this House To-morrow; and then their Lordships will
give further Directions in this Business: The Earl of Bedford reported to this House "That the Lord Morley does
"avouch the said Baynes to be his Lordship's Servant."
The Messengers return with this Answer:
Answer from the H. C.
That the House of Commons will give a present Conference, as is desired.
Wade, a Pass.
Ordered, That Nic. Wade, a Servant to the Earl of
Northum. shall have a Pass, quietly to return to Oxford.
Earl of Newport, Leave to take the Air.
Ordered, That the Earl of Newport shall hereby
have Liberty to go abroad, and take the Air for his
Health, provided it be in the Company of the Gentleman Usher in whose Custody he is.
Spencer, late Minister of St. Thomas Southwark, Petition for a Maintenance.
Upon the Petition of Benjamin Spencer, Minister of
St. Thomas Parish, in Southwarke, desiring "some Maintenance now his Living is sequestered from him:"
Hereupon this House Ordered, That the Churchwarden, and some other of the best of the said Parish,
shall attend this House To-morrow; and then their
Lordships will give such further Directions therein, as
shall be agreeable to Justice.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Huson and Fitch, a Pass.
Ordered, That Mr. John Huson Esquire, and Machell
Fitch Esquire, Servants to the Prince, (fn. *) shall, with Two
Servants and their Horses, have a Pass to go to Oxford.
Lady Spencer, &c. a Pass.
Ordered, That the Lady Spencer shall have a Pass,
to come from Oxon to London, with a Coach and Six
Saddle-horses, with Servants; and another Pass for her
Waggon.
Trafford's Order.
Ordered, That the Earl of Lyncolne, and the Committees for the County of Lyncolne, shall be added to the
Justices of the Peace that are appointed to see the Order of this House put into Execution, which was made
concerning John Trafford.
Adjourn.
House adjourned till 3a post meridiem.
Post meridiem.
PRAYERS.
Earl of Manchester, Speaker.
Order from the H. C. for Concurrence.
The Order formerly brought from the House of
Commons, for Payment of Two Hundred Pounds to Sir
Wm. Cole [ (fn. *) was read.] (Here enter it.)
Agreed to.
Sir Thomas Cary and Bishop of Ardagh.
Ordered, That the Consideration of Sir. Tho. Carie's
Petition is hereby referred to Mr. Justice Reeve and Mr.
Justice Bacon, who are to report the same to this House.
Orders from the H. C. for Concurrence.
An Order to pay to Wm. Hill, for Herrings, Four
Hundred and Thirty Pounds. (Here enter it.)
Agreed to.
An Order to pay Vandi Bende Fifty Pounds, for
Twenty Pair of Pistols. (Here enter it.)
Agreed to.
An Order to pay Alderman Towse Six Hundred
Pounds, for Beef, for Ireland. (Here enter it.)
Agreed to.
Message from the H. C. about sending away the Capuchins.
A Message was brought from the House of Commons,
by Sir Peter Wentworth:
To desire their Lordships Concurrence with the House
of Commons, in the speedy sending away of the Capuchins.
Ordered, That the Lords Committees formerly appointed by this House to consider of drawing up Heads
for a Conference, concerning a Declaration for to vindicate the Honour of this House, and to express the Reasons why their Lordships do not think it fit to send the
Capuchins away so speedily.
The Answer returned was:
Answer.
That their Lordships will send an Answer, by Messengers of their own.
Winton, a Pass.
Ordered, That Will. Winton shall have a Pass, to
go to Oxon, and return back again to London.
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons,
by Mr. Waller:
To desire their Lordships Concurrence in passing of
an Ordinance for the Securing and Payment of Forty
Thousand Pounds, borrowed of Persons in the City of
London, for the Supply of the Army.
The Ordinance was read, as followeth. (Here enter
it.)
Ordered, That this House agrees with the House
of Commons in this Ordinance.
The Answer returned was:
Answer.
That this House agrees with the House of Commons
in this Ordinance now brought up.
Message from the H. C. with an Ordinance, &c.
A Message was brought from the House of Commons,
by Sir Henry Vane, Junior; who brought up an Order
and Instructions, wherein they desired their Lordships
Concurrence:
1. An Ordinance to provide Mariners, to supply the
Navy. (Here enter it.)
Agreed to.
Ordered, That this Order shall be printed and published.
2. Instructions to be given to the Earl of Warwicke,
for his better commanding at Sea. (Here enter it.)
Agreed to.
The Answer returned was:
Answer.
That this House agrees with the House of Commons
in the Ordinance and Instructions now brought up.
Ordinance to provide Mariners for supplying the Navy.
"Whereas there are several Fleets now setting forth
to the Seas, under the Command of the Earl of Warwicke, for the Defence of this Kingdom, and the rest
of His Majesty's Dominions, in this Time of imminent
Danger, which will be much retarded, if all effectual
Means be not used for the providing them with able
Mariners and Seamen, Watermen, &c. The Lords
and Commons in Parliament do hereby streightly
charge and forbid all Inn-keepers, Victuallers, Alehouse-keepers, or other Persons whatsoever, to harbour or entertain any Mariners, Seamen, Watermen,
&c. pressed into any of His Majesty's or Merchant
Ships employed in this Service, after the Beat of a
Drum, and Proclamation made, to give them Notice
to repair on board the several Ships to which they
belong; and, in Case any Inn-keeper, Victualler, Alehouse-keeper, or other Person, shall be found faulty
herein, the said Lords and Commons do Declare, That
they will not only proceed severally against all such
for their Contempt, but (fn. *) cause their Licences for
Inn or Alehouse-keeping to be made void, and themselves disenabled hereafter from such Employment;
and do further require the principal Officers and
Commissioners of the Navy to suffer no Payments to
be made of such Debts as shall be contracted by Mariners, Sailors, or Watermen, in any Victualing-house,
Ale-house, Inn, or the like, as aforesaid, out of the
Wages due to any such Mariners, Sailors, or Watermen; except it be to such Housekeepers as do receive any of the said Mariners or Seamen into their
Houses, being sick, or set on Shore for the Recovery
of their Health; and such Inn-keepers, Alehousekeepers, Victualers, or others, as shall so receive or
entertain any of the said Seamen, are to have a Testimony in Writing, under the Hand of the Lord General the Earl of Warwick, or the Captain of the
Ship, or under the Hand of Two of the chief Officers of the said Ship, from whence the sick Man
comes.
"And the Lords and Commons do further Declare,
That, if any Mariner, Sailor, Waterman, &c. after
his receiving of the Pressed and Conduct-money, neglect to make his Appearance according to the Time
limited in his Ticket, or shall presume to run away,
or desert the said Service, in this Time of imminent
and public Danger, that all such Persons so apprehended shall be proceeded against by the Earl of
Warwick, according to the Custom and Rules of War
in that Behalf."
Order for securing 40,000l. borrowed of Persons in the City for Supply of the Army.
"Whereas it was Ordained and Declared, upon the
last Day of February, 1642, by the Lords and Commons assembled in Parliament, That all Persons who
had or should lend any Monies, towards the speedy
making up of the Sum of Sixty Thousand Pounds,
then desired for the Supply of the Army, should be
re-paid the same, with Consideration for the Forbearance thereof after the Rate of Eight Pounds per
Cent. out of the First Monies to be raised out of the
Weekly Assessments by virtue of the late Ordinance
of both Houses of Parliament; and whereas, the said
Sum not being fully advanced, the Lord Mayor and
Aldermen of London, upon the Motion and Desires
of divers Members of both Houses of Parliament,
did chearfully and unanimously consent to engage
themselves for Forty Thousand Pounds, to be advanced forthwith, for the Supply of the said Army
raised by the Parliament, under the Command of his
Excellency the Earl of Essex, which is, and is understood and taken to be, a very acceptable Service,
especially at this Time, and tends very much to the
Preservation of Religion, Laws, and Liberties, and the
Safety of the Parliament, City, and Kingdom: It is
thereupon Ordained and Declared, by the Lords and
Commons assembled in Parliament, That as well the
Money already lent towards the said Sixty Thousand
Pounds, as also the said Forty Thousand Pounds now
to be advanced as aforesaid, shall be re-paid, with
Consideration for the Forbearance thereof after
Eight Pounds per Cent. out of the First Monies to
be raised on the said Weekly Assessments: And, for
their further Security and Encouragement, it is likewise Ordained and Declared, That the Weekly Assessments to be collected in London, and the Liberties,
shall be paid to Sir John Wollaston Knight, John Warner, John Towse, and Thomas Andrews, Aldermen,
Treasurers, in Guildhall, London, who are hereby
directed and appointed to re-pay the Sums already
lent, and to be advanced, as aforesaid, according to
the Intent of this and the said recited Ordinance;
and the said Treasurers shall not issue or pay forth
any Part of the said Monies, to be raised on the said
Assessment, for any other Purpose, until the said
Sums lent, and to be lent and advanced, be fully
satisfied, with Interest as aforesaid; excepting only
such Monies as are appointed for the Use of the
City, which is to be issued out by them according to
the said Ordinance made for the Weekly Assessments."
Instructions, by the Lords and Commons in
Parliament, to Robert Earl of Warwick,
by them appointed to be General and
Commander in Chief of the Ships which
now are, or hereafter shall be, set forth
to Sea, for the better enabling him to the
Performance of that Service.
Instructions for the Earl of Warwick, Commander in Chief at Sea.
"Whereas, by our Ordinance (fn. *) of the 8th of February,
1642, you are enabled to exercise Martial Power by
Sea, as the Lord General doth by Land, the vigilant
and due Execution whereof will be the only effectual
Means to prevent the Mutinies and Disorders which
the Mariners and Seamen under your Command
may be subject unto, as late Experience hath manifested:
"You are, therefore, hereby required and authorized, with all Diligence and Care, to put the same
Power in Execution from Time to Time, as you shall
find Cause, according to the Custom of War in that
Behalf.
"And whereas, in this Time of imminent Danger,
Supplies may be made from Foreign Parts, of Ships,
Soldiers, Arms, Ammunition, &c. to be brought into
this Kingdom, and employed against the Parliament,
or to be brought into the Kingdom of Ireland, for
the Service of the Rebels there, against His Majesty's
good Subjects in that Kingdom:
"You are, therefore, hereby required, and fully
authorized, in Case you meet with any Foreign
Forces, Ships, or Vessels, as Spaniards, French, Danes,
Dunkirkers, or any other whatsoever, making towards
the Coasts of England, Ireland, or any other of His
Majesty's Dominions, that you shall, according to the
usual Manner, command them to strike their Flags,
or Topsails, and shall cause them to be examined and
searched, whether they have any Soldiers, Arms,
Ammunition, or other Provisions for War in them,
that are likely to be employed to the Prejudice of
the Parliament and this Kingdom, or His Majesty's
good Subjects in the Kingdom of Ireland; and, in
Case of Refusal on their Part to such your Command, that you then compel them thereunto by
Force of Arms, and surprize and take all such Ships
and Vessels as shall so withstand and refuse you, or
otherwise to burn, sink, and destroy them.
"And you are hereby authorized to grant the like
Power to all and every the Captains, Commanders,
and Masters of Ships and Vessels under your Command, as you in your Discretion shall see Cause.
"And lastly, you have hereby full Power and Authority to do all such other Thing or Things as shall
tend to the Good of this Service, and the better Discharge of the great Trust committed unto you.
"And you, and all Commanders, Officers, Soldiers,
and Mariners, obeying your Command in this Service,
for the Safety of the Parliament, this Kingdom, and
the Kingdom of Ireland, and all other His Majesty's
Dominions, shall, for your and their Indemnity, be
protected by the Authority of the said Houses of Parliament."
Order for Robert Paul, for Freight, 200l.
"It is this Day Ordered, by the Lords and Commons in this present Parliament assembled, That the
Receivers of the Adventurers-money, upon Subscriptions for Lands in Ireland, do, out of those Monies,
pay unto Nicholas Loftus Esquire, Deputy Treasurer
at Wars for that Kingdom, the Sum of Two Hundred Pounds, to be by him paid over to Robert Paule,
of London, or his Assigns, in full of Three Hundred
Twenty-five Pounds, agreed to be paid unto him by
Mr. Robert Berkly, Agent for Sir William Cole Knight,
Colonel of a Regiment of Foot in Ulster, for the
Freight of a Ship called The Paule of London, at the
Rate of Thirty-two Shillings and Six Pence per Tun,
to carry Cloaths, Victuals, and other Provisions, from
London to Donnegall, in Ireland, for the Use of the
said Sir William Cole's Regiment; which said Two
Hundred Pounds is to be paid unto the said Robert
Paule, or his Assigns, by the said Mr. Loftus, after
good Certificate shall be returned of the Delivery of
the Ship's Lading at Dun'gall aforesaid, and to be
defalked, with the Fifteen Hundred Pounds already
received by the said Mr. Berkley upon Accompt, out
of such Pay as is or shall be due unto the Regiment of
the said Sir William Cole."
Order for 430 l. to W. Hill, for Herrings.
"Whereas it appeareth, by the Certificate of Sir
Phillip Percivall Knight, Commissary General of Victual for His Majesty's Army in Ireland, dated the 10th
Day of December last, testified under the Hand and
Seal of Sir Adam Loftus Knight, Vice Treasurer and
Treasurer at Wars for that Kingdom, presented to
the Committee appointed to take Care of the Affairs
of Ireland, that Alexander Chambers and Daniell Hutchinson, Merchants, have delivered into His Majesty's
Stores in Dublin Four Hundred and Thirty Barrels
of Herrings, at Twenty Shillings the Barrel, amounting in all to Four Hundred and Thirty Pounds, to be
paid unto Wm. Hill, of London, Merchant, within
Thirty Days after Sight of the said Certificate (the
Second not being paid), according to the Order of
Parliament in that Behalf published in Print: It is
therefore Ordered, by the Lords and Commons,
That the Receivers for the Adventurers-money for
Ireland do pay unto Mr. Nicholas Loftus, Deputy
Treasurer at Wars for the Kingdom of Ireland, or
his Agents here, the said Sum of Four Hundred and
Thirty Pounds, to be by him or them paid over to
the said William Hill, in full Discharge of the said
Herrings."
Order for 50l. to Vanden Beinde, for Pistols.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Treasurers of
the Adventurers-money for Ireland do, upon the 22d
Day of September next, pay unto Nicholas Loftus
Esquire, Deputy Treasurer at Wars for that Kingdom, the Sum of Fifty Pounds, to be by him forthwith paid over to Abraham Vanden Beinde, for Twenty
Pair of Pistols, at the Rate of Fifty Shillings the Pair,
by him delivered to George Wood, Commissary here,
to be by him transported to the Stores at Carickfergus, for the Supply of the Horse Troops in the
Province of Ulster; and that the said Fifty Pounds,
and the other Charges for Transportation, be defalked out of the Pay of such Soldiers as shall take
those Pistols, in a proportionable Manner, as is
usual."
Order for 600l. to Alderman Towse, for Beef.
"It is this Day Ordered, by the Lords and Commons in this present Parliament assembled, That the
Receivers of the Adventurers-money, upon Subscriptions for Lands in Ireland, do, out of those Monies,
forthwith pay unto Nicholas Lostus Esquire, Deputy
Treasurer at Wars for Ireland, the Sum of Six Hundred Pounds, to be by him forthwith paid over unto
John Towse Esquire, Alderman of the City of London,
or his Assigns, for Three Hundred and Eighty Barrels
of Beef, contracted for betwixt John Parkes of Carickfargus, Merchant, and John Davis, Commissary there,
and delivered into His Majesty's Stores, at the Rate
of Three Half-pence per Pound, as appeareth by the
Certificate of the said John Davies, dated the First
Day of December last past, and testified under the
Hands and Seals of the Lord Viscount Conway and
Kilulla, and Colonel Chichester, and according to the
Ordinance of Parliament in that Behalf published in
Print."