House of Lords Journal Volume 5: 24 February 1643

DIE Veneris, videlicet, 24 Februarii.

PRAYERS.

Earl of Manchester was appointed to be Speaker this Day.

Message from the H. C. that they agree to the Alterations in the Ordinance for the Weekly Assessment;

A Message was brought from the House of Commons, by Mr. Marten:

1. That the House of Commons do agree with their Lordships in the Alterations, Amendments, and Additions, in the Ordinance concerning the Weekly Assessment for the Raising of Monies, for the Maintenance of the Army. (Here enter it.)

for reducing the Committee of Safety to the Persons it first consisted of;

2. That the House of Commons have made an Order for the reducing of the Committee for the Safety to the First Number they were at first, in which they desire their Lordships Concurrence.

That the Committee for the Safety of the Kingdom shall be reduced to the First Number of Persons, and the same Persons that were First nominated.

Ordered, To let the House of Commons know, that their Lordships think it fit either to continue this Committee as now it is; or, if it be of no Use, that it be dissolved.

and for Concurrence in an Order.

3. To desire Concurrence in an Order for Payment of Monies in Arrear in the Hands of the Collectors of the Isle of Wight, for the Contribution for the Relief of the poor Irish. (Here enter.)

Ordered, That this House (fn. 1) agrees with the House of Commons in this Order.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in the Order concerning the poor Irish; but touching the Order concerning the reducing of the Committee for the Safety, this House will send an Answer by Messengers of their own.

Report of the Consultation with the Lord General, about the Cessation of Arms.

The Lord Viscount Say & Seale reported, "That the Lord Howard and himself, with the Committee of the House of Commons, went to the Lord General, and acquainted him with the Orders of both Houses, concerning his Advice touching the Limitations and Qualifications of the Cessation: Upon this, the Lord General forthwith summoned a Council of War, and were very ready to assist and advise the Committees therein; and, in the Debate, many Difficulties arose, because there are (fn. 2) so many Armies in every Country, which are of different Nature, and spread abroad; and there being divers Armies of the Voluntiers of the Countries, which, it is feared, this Cessation will disband them all; and, after a long Debate, the Result was this:

(Here it was read in a Paper. Here enter it.)

Propositions for it.

"1. That all Manner of Arms, Ammunition, Victuals, Money, Bullion, and all other Commodities, passing without such a Safe Conduct as may warrant their Passage, be free Booty, as if no such Cessation were agreed on at all.

"2. That all Manner of Persons, passing without such Safe Conduct as is mentioned in the Article next going before, shall remain good Prize of War, as if no such Cessation were agreed on at all.

"3. That none of His Majesty's Forces in Oxfordshire shall advance no nearer to Windsor than Wheatley; and in Buckinghamshire, no nearer to Asebury than Brill; and that in Berks, the Forces respectively shall not advance nearer the one to the other than now they are; and that the Parliament Forces in Oxfordshire shall advance no nearer to Oxford than Henley; and those in Buckinghamshire no nearer to Oxford than Alisbury; and that His Majesty's Forces shall take no new Quarter above Twelve Miles from Oxford any Way; and that the Parliament's Forces shall take no new Quarters above Twelve Miles from Windsor any Way.

"4. That no Siege shall be begun or continued against Gloucester; and that His Majesty's Forces now employed in that Siege shall retire to Cirencester and Malmesbury, or to Oxford, as shall be most for their Conveniency; and that the Parliament Forces which are in Wiltshire shall take up their Quarters in The Devizes and Chip'nam; and the Parliament Forces which are in Glocestershire shall remain in the Cities of Glocester and Bristoll, or to retire nearer to Windsor, as they shall see Cause; and that those of Wales, and all other Forces which are drawn down to Glocester, shall return into their Quarters where they were before they drew down into Glocestershire.

"5. That the Siege be removed from before Plimouth; or else that the Forces in the Counties of Devon and Exeter may have Liberty to raise it, if they can.

"6. 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 grieved 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 Three Days Notice to be given before Hostility begins; and the like to be observed in the (fn. 3) remoter Armies, by the Commanders in Chief.

"7. That all other Forces whatsoever, within 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 all Fortifications and Works may remain as they are at the Time of the Publication of this Cessation.

"The Preamble to the aforesaid Articles:

"On the 23d Day of Feb. 1642, in Windsor, it is thought fit, in a Conference between the Honourable Committee of both Houses of Parliament, and the Council of War for the Army raised for the Defence of the King and Kingdom, That, the Houses of Parliament having resolved of a Cessation, these following Considerations may be presented to the further Examination of the Houses of Parliament: videlicet,

"That Care be taken, that the Cessation of Arms, which shall be agreed on betwixt His Majesty and the Parliament, shall be of Force and extend throughout all the Armies and Forces which are a foot in the Kingdom of England and Dominion of Wales, on either Side, under the Restriction and Limitations hereafter following; and that neither Side shall be bound or limited by this Cessation, in any other Wife, or to any other Purpose, than is hereafter expressed."

Ordered, That this House approves of these Articles.

Ordered, That these Articles shall be communicated to the House of Commons, at a Conference; and to desire that select Committees of both Houses may meet this Afternoon, at Four of the Clock, and draw up into Form what shall be presented to the King from both Houses, touching the Cessation of Arms; and to consider of the Time when the Cessation shall begin, and what else is to be done therein, and report the same to this House.

Message to the H. C. for a Conference about them.

A Message was sent to the House of Commons, by Dr. Bennett and Dr. Aylett:

To desire a Conference, touching the Advice of the Lord General, concerning the Cessation of Arms.

The Message returned was:

Answer.

That the House of Commons will give a present Meeting, as is desired, in the Painted Chamber.

Mr. Craven, a Pass.

Ordered, That Mr. Craven shall have a Pass, to travel into France.

Countess of Manchester, a Protection.

Ordered, That the Countess of Manchester shall have a Protection, for to preserve her House at Hanginghouton, in North'tonshire, from Plundering.

Countess of Monmouth's Servants, a Pass.

Ordered, That John Jesson and John Sedgewicke, Servants to the Countess of Monmouth, shall have a Pass, to go to Killenworth, about her domestic Affairs, and to return to London again.

Wind and Harrison, a Pass to France.

Ordered, That Robert Winde Gentleman, and Wm. Harrison Gentleman, with their Servants Henry Fulke and Peter Williams, shall have a Pass, to travel into France.

Fitchett and Shallaker, Protections; and to supply the House with Firing.

Ordered, That Wilks Fitchett and Wm. Shallaker shall have Protections of this House, to keep them from Plundering, and their Horses from being taken away; and that they and their Servants may have Leave to ride into the Country, to make Provision of Fuel, for the House of Peers, as they have formerly done.

Mr. Mountague, a Protection.

Ordered, That Mr. James Mountague shall have a Protection, for his House (fn. 4) at Lacock, in Wiltshire, to keep in from Plundering.

Mr. Longe, D°.

Ordered, That Mr. James Longe, of Dracott, in Wilts, shall have a Protection for his House, to preserve it from Plundering.

Mrs. Fowler's Petition.

Upon reading the Petition of Catherine Fowler; it is Ordered, That Mr. Justice Reeve shall call the Parties mentioned in the said Petition before him; and, if the Petitioner's Adversaries will not accept reasonable Bail, then the said Mr. Justice Reeve shall report the same to this House, or remove the said Petitioner to The Fleete.

(Here enter the Petition.)

Bill to indemnify the Judges for bailing Persons arrested for great Debts, to be brought in.

It is this Day Ordered, by the Lords in Parliament, That Mr. Justice Reeve, Mr. Justice Bacon, Mr. Serjeant Whitfeild, and Mr. Serjeant Glanvile, shall meet, and consider of fitting Heads for a Bill, to be drawn for the Safety and Indemnity of the Judges, in taking of Bail of Parties arrested, sued, or imprisoned, for great Debts or Damages; and for the Bailing and Relief of Parties so sued, arrested, and imprisoned; and to prepare a Bill accordingly, to be presented unto this House.

Birch, a Pass to France.

Ordered, That Mr. Birch shall (fn. 5) have a Pass, to carry Bedding into France.

Riccards, at Coventry, to be released.

Ordered, That Francis Riccards, in Custody at Coventry, shall be forthwith released, and set at Liberty.

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

Order for Contribution-money for Poor English, from Ireland, in the Isle of Wight.

"Whereas it is informed, That Multitudes of poor People of the English Nation, most of them being old decrepid Persons, or else Women and Children, and all of the Protestant Religion, are lately driven out of Ireland, and landed in the Isle of Wight; and whereas it is informed that One Hundred Marks, or thereabouts, remaineth in the Collector's Hands of the said Isle of Wight, which was gathered by virtue of (fn. 5) a late Act of Parliament, intituled, "An Act for a speedy Contribution and Loan towards the Relief of His Majesty's distressed Subjects of the Kingdom of Ireland: It is now Ordered, by the Lords and Commons in Parliament, That the said Collectors shall forthwith pay the said Monies to Moyses Read, Alderman of Newport, in the said Isle, who is hereby appointed to distribute the same to the poor People aforesaid, and is to take special Care that no Papists may receive any Relief hereby; but such of the said poor People as are Protestants, and of the English Nation: And the said Alderman is to make a Return of what he shall do herein to the Parliament."

Mrs. Fowler's Petition, arrested at the Suit of Calt.

"To the Right Honourable the Lords assembled in the Upper House of Parliament.

"The humble Petition of Katherin Fowler, the Daughter of Secretary Fowler, once Secretary to Queen Anne;

"Sheweth,

"That your Petitioner, almost Three Weeks agone, about Eleven of the Clock at Night, she being alone in her House with her young Child, and One Maid Servant, had the Windows about her House defaced, her House violently broken open, a Pistol shot into her Face, to her great Astonishment and Terror of Heart; and then and there was unlawfully arrested, at the Suit of Daniell Calt, and in a most inhuman Manner dragged away, by a Company of debauched Persons, unto the House of one Bates, a Marshal's Man, where with much uncivil Usage she was detained till the next Day, and thence passed to The Marshalsey, where she (fn. 6) hath since continued, to her infinite Prejudice, and almost utter Ruin of your Petitioner and her tender Infant, having the Goods of her House surreptitiously embezzled, her Monies exhausted by Prison Fees and the Procurement of a Habeas Corpus, which by the Malice of the Adversary was eluded, and her Bail not accepted of, notwithstanding they were honest and sufficient Men; by which unjust Dealings, your Petitioner hath since had many pretended Actions of Debt laid unto her Charge, whereby your Honours Petitioner, with her young Infant, are like to be weighed down to the lowest Center of Calamity, her Means so fast exhausting, and her Friends disheartened by the great and manifold Actions entered to engage for your distressed Supplicant.

"The Case being thus deplorable, that your Petitioner, a poor Gentlewoman and Widow, hath been so odiously abused by a Company of Ruffians, and in a Manner that the like hath seldom been known in a Civil Government; and that, by reason of the Evasion of the said Habeas Corpus, your Petitioner is likely to have an Execution of a Thousand Pounds served on her by Friday next, for a Matter of small Value, whereby your Petitioner is likely to conclude in inevitable Wretchedness; your Supplicant humbly imploreth your Honours, that your Petitioner may either be turned over to The Fleete, or that such Bail may be accepted of as she can procure, being a Stranger in this Country, that so she may enjoy the Benefit of the just Laws of this Kingdom.

"And your Petitioner shall pray, &c."

Adjourn.

House adjourned till 10^a cras.