House of Lords Journal Volume 5: 28 February 1643

DIE Martis, 28 die (fn. 1) Februarii.

PRAYERS.

Earl of Manchester Speaker this Day.

The Messengers sent to the House of Commons last Night, to desire a Conference this Morning at Ten of the Clock, return with this Answer:

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

Jennings Petition.

"The Petition of Thomas Jennings, was read; desiring, "That the last Order may be enlarged:" It is Ordered, That the Referees, or any Two of them, shall have Power, in the Absence of Sir Charles Harboard, to state and examine the Accompts and Differences, and to call such Witnesses to such Places, and at such Times, as they shall think fit; and that the Proceedings past may stand, and the Referees return their Certificate without further Delay.

Sir Thomas Dawes's Bill.

Ordered, That
The Earl of Clare,
The Lord Viscount Conway, and
The Lord Lovelace,

Are added to the Committee for the Bill concerning Sir Tho. Dawes's Creditors; and that any Three of the said Committee may have Power to meet.

Leviston, a Pass.

Ordered, That Mr. Leviston shall have a Pass, to come from Oxford to London, and return again.

Mrs. Wiseman versus Quarterman, for taking away her Goods, under Pretence of assessing her.

Upon reading of the Petition of Eliz. Wiseman, the Wife of Thomas Wiseman; shewing, "That one Quarterman (fn. 2) hath taken away from her, Goods, both Brass, Pewter, Linen, and Bedding, to the Value of One Hundred and Fifty Pounds, and hath broken open her Locks and Chests, under a Pretence of the Ordinance of Parliament for assessing the Twentieth Part:" Hereupon this House Ordered, That the said Quarterman shall be summoned to appear before this House, To-morrow Morning, to answer the Complaint in this Petition.

Conference to be had about the Ordinance for the Assessment.

And, in regard of the many Complaints of People that have been distrained by virtue of that Ordinance, and the Ordinance for the Weekly Assessment being settled; it was Ordered, when this Business of Quarterman's is heard, that this House will have a Conference with the House of Commons, about the revoking of the Ordinance concerning the Assessment of the Twentieth Part of Estates.

Earl of Rutland's Possessions in Derbyshire quieted.

Upon Information to this House, "That the Earl of Rutland, a Member of this House, is disquieted of his Possession of a Ground, in The Peake, in Derbyshire, by some who enter therein under Colour that there is Ore there:" It is Ordered, That the quiet Possession shall be continued to the said Earl of Rutland, and [ (fn. 3) he shall] enjoy his Privilege of Parliament therein; and that the Deputy Lieutenants, and those that are employed in the Parliament Forces in that County, shall take Care that the quiet Possession be not interrupted.

L. Coventry's Sons, a Pass.

Ordered, That Two Sons of the Lord Coventry shall have a Pass, to go into France, with such Persons as shall attend them in their Travel.

Orders for Concurrence.

The Order for Payment of Five Hundred Pounds out of the Contribution-money, to Sir Wm. Cole's Regiment, was read. (Here enter it.)

Agreed to.

An Order for Payment of One Hundred and Two Pounds, Twelve Shillings, to Mr. Lowe, Chirurgeon to the Lord General, for his Arrears in the late Northern Expedition, was read. (Here enter it.)

Agreed to.

Deards, a Pass.

Ordered, That Richard Deards shall have a Pass, to carry some Goods from London to Hillingdon, in the County of Midd. without Interruption.

Lady Gage and Family, a Pass to France.

Ordered, That the Lady Penelope Gage, with her Husband, Children, and Servants, shall have a Pass, to go into France.

Message from the H. C. to sit P. M.

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

To let their Lordships know, that, in regard of some important Business, the House of Commons are Resolved to sit this Afternoon, at Three of the Clock; and they desire their Lordships would be pleased to sit likewise, if it may stand with their Lordships Conveniency.

The Answer returned was:

Answer.

That this House will sit this Afternoon, at Three of the Clock.

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

Deer-stealers in Waltham Forest committed.

Mynce, E. of Leicester's Servant, a Pass.

Ordered, That James Mynce, Servant to the Earl of Leycester, Lord Lieutenant of Ireland, shall have a Pass, to go to Oxford and back again, to carry some Letters to his Lordship, that came out of Ireland.

Crew versus Mallocke.

The Petition of Thomas Crewe and Anne his Wife was read, against Roger Mallocke, of Exon, Merchant.

It is Ordered, That the said Roger Mallocke shall be served with this Order, and have a Copy of this Petition delivered to him; and then he is to return an Answer unto this House, to the said Petition, within Fourteen Days after Notice thereof; and then this House will take the Business into further Consideration.

Message from the H. C. for a Conference, about the Cessation.

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

To desire a present Free Conference, touching the Matter of the late Conference.

The Answer returned was:

Answer.

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

Salladine, a Pass.

Ordered, That Mr. Salladine shall have a Pass, to travel in France, with his Wife, Five Children, and Two Servants.

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

Conference about the Cessation reported.

The Speaker reported the Effect of the Conference; which (fn. 4) was, "That the House of Commons do agree with their Lordships, in the Alterations made by their Lordships in the Preamble; and desire that these Two Votes may be sent to His Majesty in a Paper by itself: videlicet,

"Resolved, by the Lords and Commons,

"That there shall be a Treaty upon the Propositions before the Disbanding, with this Limitation, That so much of His Majesty's Proposition as concerns the Magazines, Forts, and Ships, and the Proposition of both Houses for the Disbanding of the Armies, shall be first treated of and concluded on, before the proceeding to treat upon any of the other Propositions.

"Resolved, by the Lords and Commons,

"That this Treaty shall begin the Fourth of March, or sooner if it may be; and that, from the Beginning of the Treaty, the Time may not exceed Twenty Days."

Ordered, That this House agrees with the House of Commons in sending these Two Votes to the King, in a several Paper.

The Answer returned to the House of Commons was:

That their Lordships agree with the House of Commons in sending the Two Votes to the King.

Propositions for a Cessation of Arms.

"Whereas the Lords and Commons in Parliament, out of a tender Sense of the present Miseries and Distractions of the Kingdom, and for the obtaining and settling of a happy Peace betwixt His Majesty and His People, have humbly presented to His Majesty divers Propositions, to which He hath been pleased to make this Return, That His Desire was, that a speedy Time and Place might be appointed, for the discussing of these Propositions, and likewise some others proposed by His Majesty: It is thereupon Agreed, in both Houses, That a Committee of both Houses shall be appointed to attend His Majesty, on or before the Fourth of March, if His Majesty shall so please, to endeavour to give Him all humble and fit Satisfaction concerning the said Propositions, both His Majesty's and their own; and whereas, for the more speedy Removal of the bloody and miserable Effects of War, His Majesty hath likewise been graciously pleased, by a late Message, to signify His Desire, that, for avoiding all intervening Accidents of War which might interrupt this Treaty, there might be a Cessation of Arms, under such particular Conditions and Limitations as should be agreed on; their humble Desires therein (fn. 5) concurring with His Majesty, it is by them assented and Agreed, That a Cessation of Arms, in order to such a Treaty as is resolved upon by both Houses of Parliament, may be enjoined to all the Armies and Forces now afoot in the Kingdom of England and Dominion of Wales, on either Side, under the Restrictions and Limitations hereafter following; and 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, Victuals, Money, Bullion, and all other Commodities, passing without such a Safe Conduct as may warrant their Passage, may be stayed and seized on, as if no such Cessation were agreed on at all.

"2. Secondly, 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. Thirdly, That His Majesty's Forces in Oxfordshire shall advance no nearer to Windsor than Wheatly, and in Buckinghamshire no nearer to Alisbury than Brill; and that in Barkshire 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 Quarters above Twelve Miles from Oxford any Way; and that the Parliament Forces shall take no new Quarters above Twelve Miles from Winsor any Way.

"4. Fourthly, That no Siege shall be begun or continued against Gloucester; and that His Majesty's Forces now employed in the Siege shall return to Cirencester and Malmesbury, or to Oxford, as shall be most for their Conveniency; the Parliament Forces which are in Gloucestershire shall remain in the Cities of Gloucester, Bristoll, and the Castle and Town of Barkley, or retire nearer to Winsor, as they shall see Cause; and that those of Wales which are drawn to Gloucester shall return into their Quarters where they were before they drew down to Gloucestershire.

"5. Fifthly, 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.

"Lastly, 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.

"All which they humbly desire His Majesty would be pleased to ratify and confirm; and that this Cessation may begin upon the 4th of March next, or sooner if it may, and continue until the Five and Twentieth, and in the mean Time to be published to the Commanders, Officers, and Soldiers, and all other His Majesty's loving Subjects on either Side; and that the Treaty intended may commence upon the Fourth of March next, or sooner if it may; and the Continuance thereof not to exceed Twenty Days."

Order for 500l. to be paid to Sir William Cole's Regiment.

"Whereas the Committee appointed to take Care of the Affairs of Ireland have thought fit, that a further Supply of Arms, Ammunition, and Victual, than hath been already Ordered, be forthwith provided, and sent to the Regiment of Sir William Cole, in the Island and Fort of Eniskellin, in Ulster: It is this Day Ordered, by the Lords and Commons in this present Parliament assembled, That the Treasurers within the City of London, named in an Act for speedy Contribution, do forthwith pay, out of such Monies as are or shall come to their Hands by virtue of that Act, unto Nicholas Loftus Esquire, Deputy Treasurer at Wars for that Kingdom, the Sum of Five Hundred Pounds, to be by him or them paid over unto Mr. Robert Berkley, Agent for the said Sir William Cole, and for his Use, upon Accompt, to be bestowed and laid out for the further Supply of Victuals, Arms, and Ammunition, for that Island and Fort; and that an Accompt of the same be delivered unto the Treasurer at Wars for that Kingdom, or his Deputy here, to the End that Defalcation may be made of the Victuals and Arms, out of the Pay that shall be due and coming to that Regiment; and for so doing, this Order, with the respective Acquittances of the said Mr. Loftus and Mr. Berkley, shall be, as well unto the said Treasurers as unto the said Mr. Loftus, a sufficient Warrant and Discharge."

Order for 102l. 12s. to be paid Mr. Lowe, Surgeon to the L. General.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Mr. Lawrence Loe, Chirurgeon to the Lord General's Person and Train, shall be paid One Hundred and Two Pounds, Twelve Shillings, out of such Monies as shall be raised upon the Act of Four Hundred Thousand Pounds, by the Treasurers therein nominated, being his Arrears due unto him for his Personal Entertainment in the late Northern Expedition, as appeareth by Sir William Uvedall's Certificate, late Treasurer at Wars for that Expedition."

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker.

Message from the H. C. for a Conference about the Ordinance for raising Monies.

A Message was brought from the House of Commons, by Sir Peter Wentworth, Knight of the Bath:

To desire a present Conference, touching the Ordinance concerning raising of Monies.

Answer returned:

Answer.

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

East Country Merchants, a Pass to the King, to seek Redress for a Ship of theirs, confiscated in The Sound.

Information was given this House, "That the Company of Eastland Merchants have had a Ship lately confiscated and stayed in The Sound, which they conceive unjustly; for Release whereof they intend to procure His Majesty's Letter to the King of Denmarke: Therefore desire their Lordships Pass, for Two of their Company and their Clerk, to Oxford, and back again:" Which was Ordered accordingly.

Mayor, &c. of London's Petition for their Estates in the Country to be freed from Assessment.

A Petition was presented to this House, from the Mayor and Aldermen of the City of London, by Four Aldermen, Wright, Adams, Reynaldson, Atkins.

The Petition was read. (Here enter it.)

Shewing, "That, by the Ordinance lately made for the Weekly Supply of Ten Thousand Pounds a Week, (fn. 6) which is too much for that City to bear, in regard of the Inequality between them and the Rates of the other Counties; and desiring that there may be a clearer Explanation than is yet by the said Ordinance, and a full Declaration to free the Citizens of London for their Houses and Lands lying in several Counties, they being assessed and paying in the City."

In regard that this Petition is directed to the Lords and Commons, it is Ordered, To be sent down to the House of Commons.

Sent to the H. C.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To deliver unto them this Petition from the City.

Answer to the Petitioners.

The Aldermen were called in, and had this Answer given them, "That, the Petition being directed to both Houses of Parliament, their Lordships will communicate the same to the House of Commons, and in due Time will take the same into Consideration."

Message from the H. C. with an Ordinance to secure the 60000l. borrowed of the City.

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

To desire their Lordships Concurrence with the House of Commons in an Ordinance concerning the securing of the Sixty Thousand Pounds, which is advanced by the City, for the Supply of the Army. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in this Ordinance now brought up.

Report from the Committee, concerning the Ordinance for putting off the Assizes.

The Lord Viscount (fn. 7) Say & Scale reported from the Committee touching the Ordinance concerning the putting off the Assizes; "and they have considered of the Scruple that was made, that the Judges have taken an Oath, whereby they might be prejudiced by the Commands of the Parliament; which the Committee considering, do find that the Judges have an Oath only for doing Justice in the several Courts where they are Judges; and, in regard of the great Inconveniences that will ensue if the Affizes should be kept this Lent, they are of Opinion that the Ordinance is fit to pass as it is."

Which, being read, was approved of. (Here enter it.)

To be published.

Ordered, That this Ordinance be forthwith printed and published in the several Counties.

Message to the H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let them know, that this House hath agreed with the House of Commons in the Ordinance for putting (fn. 7) off the next General Assizes; and that their Lordships have Ordered the same to be printed and published; and to (fn. 8) desire that the House of Commons will give Order to their Members to disperse them in the several Shires.

Committee to attend the King, with the Propositions for a Cessation.

Ordered, That this House nominates and appoints the Earl of Northumberland and the Lord Viscount Say & Seale to be Committees, to go to His Majesty to (fn. 9) Oxford, to treat with His Majesty concerning the Propositions and Cessation; and to send to the House of Commons, to desire them to name a proportionable Number of their House, to join with their Lordships, and send their Names, to the End they may send to His Majesty for a Safe Conduct for them.

Message to the H. C. to appoint a Committee of theirs to join them.

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

To let the House of Commons know, that their Lordships have appointed Two Lords, as Committees, to go to His Majesty, to treat with Him concerning the Treaty upon the Propositions and the Cessation; and to desire them to nominate a proportionable Number of their House, to join with their Lordships.

The Messengers sent to the House of Commons with the Petition of the City of London return with this Answer:

That they have delivered the same.

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

Conference about the Ordinance for raising Monies reported.

The Speaker reported the Effect of this Conference:

"That there was an Ordinance as remained with their Lordships unpassed, concerning raising of Monies in several Counties; if there were any Reasons which stuck with their Lordships, they should be ready to give their Lordships the best Reasons they could, to satisfy their Lordships; and offered some Reasons to induce them to pass it."

Ordinance for raising Money in Warwick and Stafford.

The Ordinance for raising of Monies in the Counties of Warwicke and Staffords, was read, as followeth:

(Here enter it.)

Agreed to.

Speaker to send the Articles for the Cessation to Lord Falkland, to present them to His Majesty.

Ordered, That the Speaker of this House shall send to the Lord Viscount Falkland, Principal Secretary to His Majesty, inclosed in a Letter, the Articles touching the Cessation; and to desire his Lordship to present them to His Majesty from both Houses of Parliament, and return an Answer with convenient Speed; and that Sir Peter Killegrew shall be sent as an Express to Oxford with the same.

Rathbone to be presented to the Vicarage of Laton Buzzard.

Ordered, That the Bishop of Lyncolne shall present, institute, and induct, Mr. Wm. Rathbone, to the Vicarage of Laton Buzzard, in the County of Bedford, he taking (fn. 10) and subscribing in the Words to the Statute.

The Messengers return with this Answer:

Answer from the H. C. about Committees going to the King with the Propositions.

That the House of Commons have nominated a proportionable Number of their House, to join with the Two Lord, to go to the King, to treat with Him about the Treaty upon the Propositions.

The Names are these:

Mr. Pierpoint.

Sir Wm. Armyn.

Sir John Holland.

Mr. Witlocke.

Speaker to send to L. Falkland, for a Pass for them.

Ordered, That the Speaker of this House write to the Lord Viscount Falkland, to procure a Safe Conduct from His Majesty, for the Committees of both Houses, to go to Oxford and back again.

Ordinance for raising Monies, in the Counties of Warwick and Stafford.

"Whereas divers Persons well-affected to the Parliament, which have Estates, Rents, and Revenues, in the Counties of Warr. and Stafford, and others that are Natives of those Counties, and residing in London and other Places, and have Friends, Debts, Creditors, Factors, or Customers, in the said Counties of Warr. and Staff. are willing and ready to contribute Money, Plate, and Horse, towards the relieving and securing of those Counties, and of the Counties of the Cities of Coventry and Litchfeild, against all Power and Force that is or shall be raised therein, or brought thereinto, against the Parliament and Proceedings thereof, and tending to the Disturbance of the Peace and Quiet of those Counties: It is Ordered, by the Lords and Commons in Parliament assembled, That all and every such Person and Persons, that have or shall contribute Money, Plate, and Horses, or any of them, for this Service, shall have the Public Faith of the Kingdom for the Repayment thereof, with Interest, in like Manner as all others who have contributed in the like Kind; and for the County of Warr. Richard Quyncy, John Randall, Nathaniell Lacy, Robert Smith, Cornelius Cooke, William Heacocks, Citizens of London, are ap pointed Treasurers, to receive the said Money, Plate, and Horses; and Thomas Nowell, Richard Wollaston, Thomas Jordan, Richard Willett, and John Joliffe, Citizens of London, are hereby appointed Treasurers and Receivers for the County of Staff. and the County of the City of Lichfeild, to receive the said Money, Plate, and Horses; and that an Acquittance under the Hands of them, or any Two of them, shall be a sufficient Ground for such as shall bring in their Money, Plate, or Horses, as aforesaid, to re-demand the same upon Public Faith; and that the Parties abovesaid shall and may dispose of the Money, Horse, and Plate, for the Use of the said Counties, and to give an Accompt of the Surplusages, if any shall be; and the Gentlemen appointed Commissioners for the settling the Peace of the County of Stafford, and the County of the City of Litchfeild, by an Order of Association with Warrwickeshire, and the County of the City of Coventry, are hereby authorized to be a Committee, to promote the Propositions of raising Horse, Money, and Plate, in those Counties, according to the general Instructions made for the Defence of the King, Kingdom, and Parliament; and are hereby required to execute the same with all Dilgence, and to appoint Collectors and Receivers for the same under them; and John Chetwood Esquire, William Jolley, Anthony Ryddiard, Gentlemen, and the Mayor of Newcastle in the County of Staff. for the Time being, are to be added to the Commissioners mentioned in the abovesaid Order for the County of Stafford, upon the reprinting thereof; provided always, that the Monies, Plate, or Horse, raised, or to be raised, by virtue of this Ordinance, for the relieving of the said County of Stafford, and the County of the City of Lichfeild, shall not exceed the Sum or Value of Two Thousand Pounds, nor the said Sum or Value of Two Thousand Pounds for the County of Warwick, and the County of the City of Coventry.

"And it is further Ordered and Ordained, by he said Lords and Commons, That Sir Richard Skeffington, Lieutenant Colonel Phips, Serjeant Major Burgoyne, Humfrey Mackworth Esquire, Thomas Willoughby Esquire, Gamaliell Purefoy Esquire, and Walldine Willington Esquire, shall be added and joined to the Committee formerly named, for the County of Warr. in the Declaration and Ordinance of Association between the said County of Warrwick and the said County of Stafford, to have equal Power and Authority, to all Intents and Purposes, with the Committees formerly named for the said County of Warwick, according to the Purport and true Meaning of the said Declaration and Ordinance, and the Instructions thereunto annexed."

Ordinance for securing 60000l. advanced by the City for the Army.

"Whereas a Committee of Lords and Commons have, in the Name of both Houses of Parliament, lately desired the Lord Mayor, the Aldermen, Common Council Men, and Citizens of London, to advance the Sum of Sixty Thousand Pounds, for the present Supply of the Army: It is this Day Ordained and Declared, by the Lords and Commons assembled in Parliament, That all Persons who have already lent, or shall lend, any Monies towards the speedy making up of the Sum aforesaid, shall be re-paid the same, with Consideration for Forbearance thereof after the Rate of Eight Pounds per Cent. out of the first Monies to be raised on the Weekly Assessments, that by the late Ordinance of both Houses of Parliament are now forthwith to be made, as well in the rest of the Kingdom as in the City of London; the same to be paid after the Proportion of One Third Part of the said Sums (so to be lent and advanced) Monthly."

Ordinance for putting off the Assizes.

"The Lords and Commons, taking into Consideration the miserable Distractions and Calamities with which this whole Kingdom and Nation is now infested, the Face and cruel Effects of an unnaturai Civil War being too visible and apparent in all the Parts thereof, and the Power of the Sword so prevailing, as that the Public Justice of the Kingdom cannot be expected to be administered in a just and indifferent Way, but that the Judges and Ministers thereof may be terrified and awed by the Power of armed Men; and also for the preventing of Inconveniences which may happen by Assemblies of Multitudes of People, in these Times of miserable Distraction; have thought fit to Order, and the said Lords and Commons in Parliament assembled do Ordain and Declare, That the several Judges and Justices of Assize and Nisi Prius, and Justices of Oyer and Terminer and Gaol Delivery, and their Associates, and the Clerks of the Assize, and every of them, of or within any the Counties and Cities of England and Dominion of Wales, do forbear to execute any of the said Commissions, or to hold or keep any Assizes, or Gaol Delivery, at any Time this Lent Vacation, or to issue out any Warrant for summoning the Assizes within any County in which they shall be appointed Judges or Justices; and, if they have already issued any, that they forthwith revoke and re-call the same; and herein their ready and perfect Obedience is expected and required, as they will answer the Contempt and Neglect hereof before the Lords and Commons in Parliament."

Adjourn.

House adjourned till 10^a cras.