House of Lords Journal Volume 5: 6 March 1643

DIE Lunæ, videlicet, 6 die Martii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Commission to be sent to adjourn the Lancaster Assizes.

Ordered, That a Pass shall be made, to send a Commission to Lancashire, to adjourn the Assizes at Lancaster; and the Person that brought the said Commission from the King from Oxford shall have a Pass, to return to Oxford again.

The Speaker acquainted the House, "That he hath received a Letter, by Mr. Cary, from the Lord Viscount Falkland."

Ld. Falkland's Letter, with a Message from the King.

"My Lord,

"I have, by His Majesty's Command, sent your Lordship inclosed His Majesty's Answer to the Votes agreed on by the Lords and Commons, concerning a Treaty, and to their Desire of a Safe Conduct for a Committee named by them (inclosed in a Letter of your Lordship's to me, 28 February), together with the Safe Conduct, and a Copy of the Proclamation mentioned in His Majesty's Answer; and remain

"Your Lordship's humble Servant,

Oxford, March 3.

"Falkland.

"To the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore."

The King's Answer, concerning the Committee's attending Him with the Propositions for a Cessation.

CHARLES R.

"His Majesty hath sent a Safe Conduct for the Earl of Northumb. Mr. Pierpoint, Sir Wm. Armyne, Sir John Holland, and Mr. Whitlock; but hath not admitted the Lord Say to attend Him, as being excepted against by Name, in His Proclamation at Oxford, of the 3d of November, and, by Writ to the Sheriff, proclaimed then in that County, in which His Majesty's Intention is declared, to proceed against him as a Person guilty of High Treason, and so falling to be within the Case of Sir John Evelyn; who, upon the same Exception, was not admitted to attend His Majesty with the rest of the Committee at Colebrooke, in November last. But His Majesty doth signify, that, in Case the House shall think fit to send any other Person in the Place of the Lord Say, that is not included in the like Exception, His Majesty hath commanded all His Officers, 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.

"His Majesty is content that His Proposition concerning the Magazines, Forts, Ships, and Revenue, and the Proposition of both Houses for the Disbanding of the Armies, shall be first treated of and agreed of [ (fn. 1) before the proceeding to treat upon any of the other Propositions]; and that, after, the Second of His Majesty's and the Second of theirs be treated on and agreed of; and so on in the same Order; and that, from the Beginning of the Treaty, the Time may not exceed Twenty Days, in which He hopes a full Peace and right Understanding may be established throughout the Kingdom."

Next, the Proclamation was read, and the Safe Conduct.

Next, another Letter was read, written to the Speaker, from the Lord Viscount Falkland, as followeth:

Ld. Falkland's Letter; with another Message from the King.

"My Lord,

"I have sent your Lordship inclosed His Majesty's Answer to the Articles concerning a Cessation proposed by both Houses of Parliament to His Majesty, and inclosed in a Letter of your Lordship's to me, of the 28th of February; which being all that I have in Command from His Majesty, I remain

"Your Lordship's humble Servant,

Oxford, March 3.

"Falkland.

"To the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore."

The Message was read, as followeth:

The King's Answer to the Propositions for a Cessation of Arms.

"CHARLES R.

"His Majesty hoped the Treaty would have been begun and the Cessation agreed on long since, and that much might in this Time have been concluded, in order to the Peace and Happiness of the Kingdom; but since in almost a Month (for His Majesty's Propositions were made (fn. 2) on the Third of February, and He heard not since from both Houses till the First of March) no Consent hath been yielded to it, He conceives the Cessation cannot begin so soon as the Fourth of this Month, by which Time (though His Majesty uses no Delay in making His Answer) the same can hardly be returned to them; and many of the Articles now presented to Him from both Houses concerning the Cessation are so strict, that such of His good Subjects who are not of His Army (and for whom generally He shall always have a principal, just, and compassionate Regard) receive not any Benefit or are restored to any Liberty thereby, which His Majesty shall ever insist upon (when in Matters merely concerning Himself, He may descend to easier Conditions), and which He hath returned with such Alterations as He doubts not both Houses will consent to; and do sufficiently manifest how solicitous His Majesty is for the Good of His People, and desirous He is that, in this unnatural Contention, no more Blood of His Subjects may be spilt (upon which He looks with much Grief, Compassion, and Tenderness of Heart), even of those who have lifted up their Hands against Him; and His Majesty therefore desires (against which He can imagine no Objection can be made) that the Cessation may begin upon the Twelfth of this Month, or sooner if the Conditions of the Cessation should be sooner agreed on, and is willing that the same continue for Twenty Days; in which Time He hopes, by the Treaty, and the clear understanding of each other, a full Peace and Happiness may be established throughout the Kingdom; and, during that Time, His Majesty is willing 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, Money, Bullion, and Victuals, passing for the Use of either Army, without a Pass or Safe Conduct from the Generals of each Army, may be stayed and seized on, as if no Cessation were agreed on at all.

"2. That all Officers and Soldiers of either Army, passing without such Licence or Safe Conduct as aforesaid, may be apprehended and detained, as if no such Cessation were agreed on at all; and that all Manner of Persons, His Majesty's Subjects, of what Quality or Condition soever (except Officers and Soldiers of either Army) shall pass to and from the Cities of Oxford and (fn. 3) London, and back again, at their Pleasures, during this Cessation, as likewise to and from any other Parts of His Majesty's Dominions, without any Search, Stay, or Imprisonment of their Persons, or Seizure and Detention of their Goods or Estates; and that all Manner of Trade, Traffic, and Commerce, be free and open, between all His Majesty's Subjects, excepting as aforesaid between the Officers and Soldiers of either Army, or for Arms, Ammunition, Money, Bullion, or Victuals, for the Use of either Army, without a Pass or Safe Conduct as aforesaid, which may be a good Beginning to renew the Trade and Correspondency of the Kingdom, and whereby His good Subjects may be restored to that Liberty and Freedom they were born to, and have so happily enjoyed till these miserable Distractions, and which, even during this War, His Majesty hath to His utmost laboured to preserve; opening the Way, by most strict Proclamations, to the Passage of all Commodities, even to the City of London itself.

"3. That His Majesty's Forces in Oxfordshire shall advance no nearer to Windsor than Wheatley, and in Buckingamshire no nearer to Aylsebury 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 upon for the Cessation to begin; and that the Forces of the other Army in Oxfordshire shall advance no nearer to Oxford than Henley, and those in Buck no nearer to Oxford than Aylsebury; 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, otherwise than in Passage and Communication between their several Quarters respectively, without any Acts of Hostility each to other; but may enlarge themselves within their own Quarters respectively, as they shall find convenient.

"4. That the Forces of either Army, in Glo'stershire, Wiltshire, and Wales, as likewise in the Cities of Glocester, 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 publishing this Cessation, otherwise than in Passage and Communication between their several Quarters, as is mentioned in the latter Part of the Third Article; and that this Cessation shall not extend to restrain the setting forth or employing any Ships for the Defence of His Majesty's Dominions, provided that His Majesty be first acquainted with the Particulars, and that such Ships as shall be set forth be commanded by such Persons as His Majesty shall approve of.

"7. Lastly, That, during the Cessation, none of His Majesty's Subjects be imprisoned, otherwise than according to the known Laws of the Land; and that there shall be no Plundering or Violence offered to any of His Subjects.

And His Majesty is very willing, if there be any Scruples made concerning these Propositions, and Circumstances of the Cessation, that the Committee for the Treaty nevertheless may immediately come hither, and so all Matters concerning the Cessation may be here settled by them."

Lord Say & Seal submits to the House, whether he shall be One of the Committee to attend the King.

The Lord Viscount Say & Seale said, "He never heard this Proclamation read before; and what he did was in Obedience to the Commands of the Parliament, for the settling of the County of Oxon in Quietness and Security; and, if he shall be proclaimed a Person guilty of High Treason for doing his Duty to the Commands of Parliament, it will be a Case worthy their Lordships Consideration, as a Thing much concerning the Privileges of Parliament; but, for his Part, rather than the Treaty and Cessation of Arms for obtaining a happy Peace between the King and Kingdom [ (fn. 4) should be delayed], he desired that their Lordships would give him Leave to attend this House, and dispense with his Attendance on the Service:"

But the House, conceiving that this Precedent tends to the infringing of the essential Privileges of Parliament, left it freely to the Lord Viscount Saye & Seale, to go or not go as he shall please, as the House of Commons did Sir John Evelyn in the like Case.

Conference to be had with the H. C. about the King's Answers.

Ordered, To have a Conference with the House of Commons, and communicate the Messages received this Day from His Majesty; and to desire that the House of Commons would appoint a Committee, to meet with a Committee of Twelve Lords, to meet and take into Consideration the King's Message, concerning the Articles touching the Cessation of Arms, and report to the House what they think fit to be done thereupon.

The Lords Committees were these:

Committee for the Conference.

Their Lordships, or any Five, to meet this Afternoon, at Four of the Clock, and at such other Times as they think (fn. 4) fit.

Message to the H. C. for it.

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

To desire a present Conference, in the Painted Chamber, touching some Messages received from the King.

The Answer returned was:

Answer.

That they will give a present Conference, as is desired.

Dr. Chambers, a Pass.

Ordered, That Dr. Chambers shall have a Pass, to go quietly to Oxford.

Sanderson, Count Egmont's Servant, a Pass to France.

Ordered, That Mr. George Sanderson, One of the Gentlemen of Count Egmont, and his Servant, shall have a Pass, to go to Parris, about his Lordship's Affairs.

Message from thence, with Three Orders for Concurrence.

A Message was brought from the House of Commons, by Sir Henry Vane, Junior:

To desire their Lordships Concurrence in these Orders following:

1. An Order concerning a Thousand Pounds to be paid to the Lord Brooke's Executors. (Here enter it.)

Agreed to.

2. An Order concerning Assessments to be made for Relief of maimed Soldiers. (Here enter it.)

Agreed to.

3. An Order concerning the Materials for making of Powder to be conveyed to Guildford, by Mr. Sam. Cordell. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

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

Griffith, about Ld. Arundel's Business, a Pass.

Ordered, That John Griffith shall have a Pass, with his Servant and Horses, to travel into the several Counties of Nott. Yorke, Derby, and Salop, and to return back again, concerning the Business of the Earl of Arrundle.

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

Order for 1000l. to Ld. Brooke's Executors.

"It is this Day Ordered, by (fn. 5) the Lords and Commons House of Parliament, That the Treasurers at Guildhall, London, do forthwith pay, unto the Executors of the Lord Brooke, the Sum of One Thousand Pounds, with Consideration, formerly lent to the Parliament, upon the Propositions, by the late Lord Brooke, out of the First Monies that are or shall come in; and that an Acquittance under their or any One of their Hands shall be a sufficient Discharge to the said Treasurers."

Order for Cordwell to carry his Materials to make Powder.

"It is this Day Ordered, by the Lords and Commons in the Parliament assembled, That Mr. Samuell Cordewell, appointed by the Parliament to make Powder at his Works near Guildford, in Surrey, be permitted to carry his Salt-petre, Gunpowder, and other Materials necessary for that Service, to the Place of his Works aforesaid, without any Interruption or Hindrance of any whatsoever; provided that, for the better Safety, the said Mr. Cordewell do not carry above Eight Ton of Petre for the present; and, after his Return of a Fortnight's Powder, to supply his Stores of Petre with such Quantity, from Time to Time, as the Committee for the Navy shall appoint."

Order for Relief of maimed Soldiers and their Families.

"Whereas divers well-affected Persons have gone forth in the Army raised by the Parliament for the Defence of the Parliament, Religion, Laws, and Liberties of the Subjects of England, and in Fight have received divers Wounds and Maims in their Bodies, whereby they are disabled to relieve themselves by their usual Labour; and divers others have lost their Lives in the said Service, whereby they have left their Wives and Children destitute of Relief to support and sustain them: The Lords and Commons assembled in Parliament, taking the same into their pious and charitable Consideration, and having relieved divers of them here at London with some small Relief for their present Subsistence, but finding that that Course cannot be held for any Continuance of Time without many Inconveniences, have thought fit, and do hereby Ordain, That, in every Parish within the Kingdom of England, wherein any such Persons either now maimed or slain did last inhabit, afore their going forth to the aforesaid Service, shall raise a competent Stock of Money, by Way of Assessment upon the Inhabitants of the said several Parishes, for the Relief of the said maimed Soldiers, and the Widows and fatherless Children of the said slain Persons; and that the Churchwardens, Collectors for the Poor, Constables, Tithing-men, or any Two of them, within any of the said several Parishes, shall hereby have Power and Authority to assess, levy, and collect, so much, upon the several Inhabitants of their several Parishes, as they in their Discretions shall think fit and necessary, for the Relief of the said maimed Soldiers, Widows, and fatherless Children, and to distribute the same according to the several Necessities of the said poor People; and shall Once every Year, at the General Quarter Sessions holden for the County, or for any Borough or Town Corporate that hold any Sessions, wherein any such Assessment or Collection shall be made, send in their particular Accompts, both of their Assessments, Collections, and Disbursements, there to be recorded; and, if any shall refuse to pay according to the said Assessments, the said Assessors shall hereby have Power to distrain the Goods or Chattels of all such Persons as shall so refuse, for the Satisfaction of the said Assessment; and shall and may certify the Names to the Committee of the House of Commons for Examinations, who shall have Power to send for them as Delinquents; and, to the End that the Deceit which may be endeavoured in the due Prosecution of this Ordinance may be prevented, it is further hereby Ordained, That all such Soldiers who have been maimed in the Service of the Parliament aforesaid, as also all such Widows and fatherless Children, whose Husbands and Fathers have been slain in the said Service, or shall die of any Hurt received in the said Service, shall bring unto the aforementioned Assessors a Certificate, under the Hand of the Colonel, or under the Hand of some other Commander, or the Clerk of the Band of that Regiment wherein the said Soldiers or slain Persons did formerly serve, of the Truth of their being maimed or slain in the said Service, which shall be a sufficient Warrant for the said Assessors to make and levy such Assessments as aforesaid."

The King's Pass for the Committee, who are to attend Him with the Propositions about the Cessation of Arms.

"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 permit and suffer Our Right Trusty and Right Well-beloved Cousin and Counsellor Algernon Earl of Northumberland, and Our Trusty and Well-beloved William Pierpointe Esquire, Sir Wm. Armyne, and Sir John Holland, Knights, and Bulstrode Whitlocke Esquire, together with their Servants, to pass and re-pass to and from Us, without any Lett or Hindrance; they being now sent to attend Us from Our Two Houses of Parliament. This Our Safe Conduct, under Our Sign Manual and Royal Signet, We charge and command them, and every of them, punctually to observe and obey, as they will answer the contrary at their utmost Perils.

"Given at our Court at Oxford, the 3d of March, 1642."

Adjourn.

House adjourned till 10^a cras.