House of Lords Journal Volume 5: 7 November 1642

DIE Lunæ, videlicet, 7 die Novembris.

PRAYERS.

Lord Gray de Warke, Speaker this Day.

The Speaker acquainted this House, "That he had received a Letter from the Lord Viscount Falkland, dated at Redding, the 6th November, 1642.

Lord Falkland's Letter about a Pass, for the Committees who are to attend the King with the Address.

"My Lord,

"Your Lordship's of the 5th of this Month I (fn. 1) shewed unto His Majesty, who hath commanded me to return your Lordship an Answer in these Words: That His Majesty hath (fn. 2) now sent (which I have inclosed) a Safe Conduct, under His Royal Hand and Signet, for the Earl of Northumberland and the Earl of Pembrooke & Mountgomery, Mr. Pierpointe, the Lord Wenman, and Sir Jo. Hippisly; but hath not admitted Sir John Evelin of Wilts to attend Him, as being included in the Exception made by His Majesty in the Letter of the 4th of this Month, sent by Mr. Secretary Nicholas to your Lordship, as by the inclosed Proclamation (proclaimed at His Majesty's Court at Oxford, and sent with a Writ sealed in the County of Wilts) will appear. His Majesty hath likewise commanded me to signify to your Lordship, that, in Case the Houses shall think fit to send any other Person in the Place of Sir John Evelin, that is not included in the Exception made in Mr. Secretary's Letter beforementioned, His Majesty hath commanded all His Officers and 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. This being all that I have in Commission, I rest,

"Your Lordship's humble Servant,

Redding, Nov. 6, 1642.

"Falkland.

"For the Right Honourable the Lord Gray of Warke, Speaker of the House of Peers pro Tempore."

Next, was read the King's Pass.

And then was read the Proclamation made in Wilts, proclaiming Sir Jo. Evelyn, amongst others, a Traitor.

King's Pass for the Committees who are to attend Him.

"CHARLES R.

"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 suffer Our Right Trusty and Right Well-beloved Cousins and Counsellors, Algernoone Earl of Northumberland, and Phillip Earl of Pembrooke & Mountgomerie; and Our Right Trusty and Right Well-beloved Cousin, Tho. Lord Viscount Wenman, and Our Trusty and Well-beloved Wm. Pierpointe, Esquire, and Sir John Hippisly, Knight, to pass and re-pass to and from Us (together with their Attendants, not exceeding the Number of Thirty), they being now sent to attend Us with a Petition from both Houses of Parliament. This Our Safe Conduct, under Our Royal Hand and Signet, We charge and command them, and every of them, punctually to observe and obey, as they will answer the contrary at their uttermost Perils.

"Given at Our Court at Reading, this 6th Day of November, 1642."

King's Proclamation against Sir John Evelyn, and others in Wiltshire.

"By the King:

"A Proclamation of His Majesty's Grace, Favour, (fn. 3) and Pardon, to the Inhabitants of His County of Wilts.

"Whereas We have taken Notice, that, by the Malice, Industry, and Importunity, of several ill-affected and seditious Persons, in Our County of Wilts, very many of Our weak and seduced Subjects of that Our County have not only been drawn to exercise the Militia, under Colour of a pretended Ordinance, without Our Consent (a Crime of a very high Nature, if We would strictly enquire thereinto); but have made Contributions of Plate, Money, and Horses, towards the Maintenance of the Army now in Rebellion against Us: We do hereby Publish and Declare, That We are graciously pleased to attribute the Crimes and Offences of Our said Subjects of that County to the Power and Faction of their Seducers, who, We believe, by Threats, Menaces, and false Informations, compelled and led them into these Actions of Undutifulness and Disloyalty towards Us: And We do therefore hereby offer Our Free and Gracious Pardon to all the Inhabitants of Our said County of Wilts, for all Offences concerning the Premises committed against Us, before the publishing of this Our Proclamation; except Sir Edw. Hungerford, Sir Henry Ludlowe, Sir Jo. Evelyn, and Walter Longe, Esquire, against all which We shall proceed according to the Rules of the Law, as against Traitors and Stirrers of Sedition against Us, and whom We do hereby require all Our Officers and Ministers of Justice, and all Our loving Subjects whatsoever, to apprehend, and cause to be kept in safe Custody, till Our Pleasure be further known: Provided, that this Our Grace shall not extend to any Person who, after the publishing this Our Proclamation, shall presume by Loan or Contribution to assist the said Army of Rebels, to assemble and muster themselves in Arms without Authority derived from Us under Our Hand, to enter into any Oath of Association for opposing Us and Our Army, or to succour or entertain any of the Persons excepted in this Our Proclamation, or in Our Declaration of the 12th of August: But We must and do Declare, That whosoever shall henceforward be guilty of the Premises, or of either of them, shall be esteemed by Us as an Enemy to the Public Peace, a Person disaffected to Us and to the Religion and Law of the Kingdom, and shall accordingly receive condign Punishment, of which We give them timely Notice, that they may proceed accordingly at their Perils.

"Given at Our Court at Oxford, the 2d Day of November, in the 18th Year of Our Reign."

And, after a great Debate upon this Answer from His Majesty, it was put to the Question, "Whether this Answer shall be sent down to the House of Commons with the Sense of this House upon it, or without it?"

And it was Resolved, To be sent down without the Sense of this House.

Message to the H. C. with these Papers.

Then a Message was sent down to the House of Commons, by Sir Edward Leech and Doctor Ayliff:

To communicate unto them the King's Answer, and the other Papers sent from the King this Day.

Message from thence, for a Conference about the Lord General and the Army.

A Message was brought from the House of Commons, by the Lord Graye of Ruthin:

To desire a Conference, touching the Lord General and the Army.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired.

The Messengers (fn. 4) return with this Answer:

That they have delivered the Papers to the House of Commons.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Conference reported.

And the Speaker reported the Effect of the Conference: "That now, upon the Return of the Lord General, they must remember the great Care of the Army, and Hazard of his Person, which he hath shewed in this Expedition; and, to that Purpose, they desire their Lordships to join with them, in appointing of a Committee of both Houses, to draw up some Acknowledgment of Thanks, for his Care and obeying the Commands of both Houses of Parliament."

Agreed to.

"2. They being informed that Prince Rupert is about Windsor, they desire that the Lord General may be commanded to give out his Orders, to draw out the Army as speedily as conveniently he can, for the Defence of the Kingdom, and prevent the Outrages of the King's Troopers."

The Speaker told the Lord General the Desire of the House of Commons herein, and left it to his Care.

His Excellency said, "The Army hath had a long March; and, as soon as they are fit, he will quarter them in such Places as shall be most convenient for the Preservation of these Parts."

Committee to give the Lord General Thanks for his Care.

Lords appointed Committees, to join with a Committee of the House of Commons, to draw up Thanks to be given to the Lord General:

Their Lordships, or any Two of them, to meet when they please.

Message to the H. C. for a Committee of theirs to join them, and to sit P. M.

A Message was sent to the House of Commons, by Serjeant Whitfeild and Serjeant Glanvile:

To let the House of Commons know, that this House hath appointed a Committee of Six Lords, to join with a Committee of the House of Commons, to draw Thanks to be given to the Lord General; and that this House hath acquainted the Lord General with the Desire of the House of Commons for drawing out the Army, which this House hath left to the Care of the Lord General; and to let them know, that this House sits at Four of the Clock this Afternoon, and to desire them to sit likewise.

Lady Vere rifled by the Guard at Mile-end.

Delinquents sent for.

This House being informed, "That the Lady Veere had been risled at Mile-ende-Greene, on Saturday last, by the Guard that kept those Parts; notwithstanding she told them her Name, yet they took away Rings and the Plate which (fn. 5) she had with her in her Coach;" which Fact this House conceived to be very uncivil, and of ill Consequence: Ordered, That the Guard that watched at Mile-ende-Greene on Saturday last shall be summoned to appear before this House, to answer the said Fact, and to receive such Punishment as this House shall think fit to inflict upon them.

Adjourn.

Adjourn till 4^a post meridiem.

Post meridiem.

PRAYERS.

Lord Grey de Warke, Speaker.

The Messengers sent in the Morning return with this Message from the House of Commons:

Answer from the H. C.

That they have appointed a Committee, of a proportionable Number, to draw up the Thanks to be given to the Lord General the Earl of Essex.

Message from thence, for the Lords to concur in the following Orders;

A Message was brought from the House of Commons, by Sir Christopher Yelverton, Knight and Baronet:

1. An Order concerning the Re-payment of Monies to the City of London, concerning the setting forth of (fn. 6) an Army (fn. 7) under the Earl of Warwicke. (Here enter it.)

Agreed to.

2. An Order for Captain Hill to raise Dragooners for Glocester (fn. 7) shire. (Here enter.)

Agreed to.

to expedite the Declaration for calling in the Scots;

3. To desire their Lordships would give Expedition to the Declaration formerly brought up, for calling in the Scotts.

To send an Answer, by Messengers of this House.

and for a Conference about the Papers from Lord Falkland.

4. To desire a present Conference, concerning some Papers received from the Lord Viscount Falkland.

Agreed to.

The Answer returned was:

That this House agrees with the House of Commons in the Two Orders now brought up; and will give a present Conference, in the Painted Chamber, as is desired; and concerning the Declaration to Scotland, this House will send an Answer by Messengers of their own.

Captain Hill to receive Money for raising Dragoons.

It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That Captain Hill shall receive, from the Receivers of the County and County of the City of Gloucester, Money both for Raising and Pay of One Hundred Dragooners and Officers, according to the Establishment of the Army, out of the Contribution-monies upon the Propositions in the said County.

Declaration for calling in the Scots.

The Declaration for calling in of the Scots was read.

And it was Resolved, upon the Question, That this House agrees with the House of Commons in this Declaration.

Message to the H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Doctor Ayliff and Doctor Heath:

To let them know, that this House agrees with them in the Declaration to call in the Scotts.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Conference about the Papers from Lord Falkland reported.

The Speaker reported the Effect of this Conference: "That they having taken into Consideration the Papers received at the Conference this Day, they have, for the Honour of the King and Parliament, made these Votes following: videlicet,

"Resolved, upon the Question,

"That this House holds it to be a Denial in His Majesty, and a Refusal to grant a Treaty with the Parliament, in excepting unto One of the Messengers that were to present a Petition unto His Majesty from both Houses to that Purpose, and denying to grant him a Safe Conduct.

Committee to acquaint the City with the King's Denial of receiving the Address, by objecting to One of the Messengers.

"Ordered, That a Conference be desired with the Lords, concerning this Denial of His Majesty, to desire that a Committee of both Houses may be appointed to go into the City, to acquaint the Common Hall all the Ways the Parliament have used to procure a Treaty for a Peace, and could not effect it; and to quicken them to a Resolution of defending and maintaining their Liberties and Religion, with their Lives and Fortunes."

Ordered, To agree with the House of Commons, and refer it to the Committee for the Safety.

Declaration to be prepared upon the King's Denial.

"3. To move the Lords, That a Committee may be appointed of both Houses, to prepare a Declaration upon this Denial of His Majesty to admit such Members as were appointed by both Houses to present a Petition unto His Majesty for a Treaty; His Majesty expressing a Willingness to receive [ (fn. 8) a Petition] from the Rebels in Ireland to be One Head of the Declaration."

Ordered, That this House agrees with the House of Commons in this Proposition, and refers the same to the Committee for the Safety.

Answer to the H. C. about these Matters.

The House was adjourned during Pleasure; and the Lords went into the Painted Chamber, to let the House of Commons know, that this House agrees with the House of Commons in all the Particulars of this Conference, and refers the Consideration thereof unto the Committee for the Safety of the Kingdom.

The House being resumed;

The Speaker reported, "That the House of Commons desires their Lordships Concurrence in another Vote: videlicet,

Pass for Safe Conduct from the King not accepted, with the Exception of Sir John Evelyn.

"The Question being put,

"Whether this safe Conduct should be accepted upon these Terms? It passed with the Negative."

Ordered, That this House agrees with the House of Commons in this Vote.

The House was adjourned during Pleasure; and the Lords went to let the House of Commons know, that this House agrees with the House of Commons in this Vote.

The House was resumed.

Public Faith for Re-payment of Money to be raised Weekly by the Citizens.

"Whereas the Lord Mayor and divers Citizens of the City of London, out of their good Affections to the Safety of the City and Commonwealth, in this Time of Danger and upon Report of an Army approaching towards the City, (fn. 9) or raising of Voluntiers, to be listed under the Command of the Earl of Warwick and will advance Money, by Way of Loan, for their Weekly Payment, upon the Public Faith to be repaid all such Sums that shall be disbursed: It is this Day Ordered, by the Lords and Commons, That all such as shall furnish Men and Monies in the said Service shall be re-paid them all such Monies as they shall disburse or advance in this said Service; and, for the true Payment thereof, shall have the Public Faith of the Kingdom; the which the Lords and Commons do hereby give unto them."

Adjourn.

Adjourn till 9^a cras.