House of Lords Journal Volume 5: 9 March 1643

DIE Jovis, 9 die Martii.

PRAYERS.

Earl of Manchester was appointed by the House to be Speaker this Day.

Sir Hugh Pollard's Petition to be released upon Bais.

The Petition of Sir Hugh Pollard Baronet, was read; shewing, "That he hath been Six Months a Prisoner in The Poultry Counter, where the Streightness of his Lodging and the unwholesome Air of the Place hath much impaired his Health, and will in a short Time bring him to Extremity, unless they be pleased to take some favourable Consideration of his Sufferings, by granting him some Enlargement; which he is the more emboldened to hope for, having, upon his last Restraint, left the Town with the Consent and Approbation of some eminent Persons of both Houses of Parliament; and since that Time he hath not, as he conceives, given any great Cause of Offence to the Honourable Houses, having neither served against them in Person in this War, nor with Money or Arms, or by any other Means shewn himself in any Way that may make him uncapable of their Lordships Favour.

"He therefore humbly beseecheth their Lordships, that they will be pleased to take into Consideration his sad Condition, and accept of Bail for his safe Confinement to his own House in Holborne, for the Recovery of his Health, and not to depart thence without Leave of their Lordships."

And, because the said Sir Hugh Pollard stands committed by the House of Commons as a Delinquent, this House Resolved, To communicate this Petition to the House of Commons at the next Conference, and acquaint them that this House inclines to release him, according to the Petition.

Lady Thynne, a Pass.

Ordered, That the Lady Arbella Thynne shall have a Pass, with her Coaches and Horses, and Servants, to go to Oxford.

Mr. Mell, Ditto.

Ordered, That Mr. Mell shall have a Pass, to go to Oxford, with his Horse.

Officers of the Wardrobe, Ditto.

Ordered, That Two or Three of the Officers of the Wardrobe shall have a Pass, to go to Oxford, about the Maundy.

Report from the Committee appointed to advise with the Lord General about the Articles for a Cessation of Arms.

The Lord Newnham and the Lord Hunsden reported, "That they, with Four of the Members of the House of Commons, have waited on the Lord General, to receive his Advice concerning the King's Answer concerning the Articles touching the Cessation of Arms.

"And the Lord General, calling to his Assistance some of the Council of War, upon Consideration, offered some Inconveniencies, which will ensue by the Articles of Cessation offered by His Majesty."

The said Paper was read, as followeth: (Here enter it.)

"The Committee of Lords and Commons, appointed to advise with his Excellency upon His Majesty's Answer, and Articles of the Cessation from Arms, received from his Excellency this following Answer:

"That howsoever any Cautions which his Excellency shall propound, by Way of Advice, concerning the Cessation as is now by His Majesty propounded in these Articles, may be subject to Misinterpretations, as if he were disaffected to Peace; nevertheless, in Satisfaction to the Desire of both Houses, his Excellency offereth unto their Consideration these following Inconveniencies:

"To the First Article, these Difficulties are propounded:

"1. That it cannot possibly be known or discerned what Carriages of Arms, Ammunition, Money, Bullion, and Victual, are intended for the Use of the Army, and which are not; whereby continual Contentions are like to arise upon the Guards of the respective Quarters, which will endanger the Violation of the Cessation, and the Breach of the Treaty.

"2. The Words in the last Clause being ambiguous, the Generals of each Army ought to be made clearer by this Expression, [" the Generals of both Armies, as well of His Majesty's as of the Parliament's Army"].

"To the Second Article:

"1. It is not discernable who is a Soldier and who is not; and then who was a Soldier Yesterday may To-day be cashiered, for to qualify him for another Design, in either Army: And, as this Article lieth, Five Hundred of His Majesty's Army may be cashiered for the Purpose, and sent into London, to be in the Head of the malignant Party: Besides, if they be Soldiers, or no Soldiers, the unrestrained Passage of all other Persons must of Necessity infuse Intelligences and bad Impressures in the Minds of Men in each Army; and the Passage of Commodities, which must be attended by divers Persons, will open a Way to the same Inconveniencies. Moreover, upon the free Passage of Commodities, will of Necessity follow the Importation of Money into each Army, which is agreed to be restrained by the First Article. Furthermore, in Passage of Carriages unsearched by Water or Land, all Manner of Warlike Provisions, and Goods Contraband, may be packed up and carried into each Army, as soon as the Carriages, who pretend to go to another Place, be past the Guards of the respective Quarters; neither can the Search of Goods and Persons be made without great Disputes and Quarrels, whereby daily Breaches and Interruptions of the Cessation are to be expected.

"In Consideration of which Premises, it will be safer for the Subject to restrain the Passage of Commodities for a small Time, which, being but of Twenty Days at the most, cannot be of any great Prejudice.

"To the Third Article, it is said, That the Clause of the Communication betwixt the several Quarters respectively admits of so great a Latitude, that thereby the Forces of Cornwall and Newcastle may be drawn together without Violation of the Cessation.

"To the Seventh, it is said, That the former Part of this Article, prohibiting to imprison any Subject otherwise than by the known Laws of the Land, doth contradict the Second Article, which giveth Licence to apprehend and detain Soldiers that have no Safe Conduct by Law of War.

"For the latter Part of the Article, it is requisite to explain it thus, ["That no Violence shall be offered to any Subject, unless it be in Case of Disobedience to the Orders of One or both Houses of Parliament"].

Message to the H. C. for Committees to meet about this.

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

To communicate this Advice of the Lord General unto them; and to desire that the select Committees of both Houses formerly appointed to consider of the King's Answer touching the Articles of the Cessation of Arms, may meet this Afternoon, at Two of the Clock, and take this Paper sent from the Lord General, into Consideration, and prepare what they conceive fit to be done thereupon, and offer the same to the Consideration of the Houses.

Message from the H. C. to fit a while.

A Message was brought from the House of Commons, by Sir Thomas Barrington Baronet:

To let their Lordships know, that the House of Commons are in Debate of Business of great Importance, which they desire to communicate to their Lordships; therefore they desire (fn. 1) their Lordships will please to sit a while.

The Answer returned was:

Answer.

That their Lordships will sit a while, as is desired.

Message from the H. C. for a Conference about a Letter from the Lord General.

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

To desire a present Conference, touching a Message received (fn. 2) from the Lord General.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, by a Committee of both Houses, as is desired.

The Messengers returned with this Answer:

Answer from the H. C.

That the House of Commons have appointed their Committee to meet with the Lords Committees this Afternoon, at Three of the Clock.

Lieut. Whaly sent for, for taking the Earl of Carlisle's Horses.

Ordered, That Lieutenant Whaly shall be sent for again, to answer the Complaint of taking away the Horses of the Earl of Carlile.

Philpott, a Pass.

Ordered, That Mr. Philpott, the Herald, shall have a Pass, to go to Oxford.

Vanley; a Pass.

Ordered, That Mr. Valentyne Vanley, and Two with him, shall have a Pass, to go into Holland.

Damtrey and Atkinson, a Pass.

Ordered, That John Damtrey and Joseph Atkinson, Servants to His Majesty, shall have a Pass, quietly to go to Oxford, with Gloves and other Necessaries for His Majesty.

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

Report of the Conference, about a Message from the Lord General, that the King's Forces are in Motion.

The Speaker reported, "That, at this Conference, the House of Commons acquainted their Lordships with Letters received from Sir Rob't Cooke, to let him know, that Prince Rob't is within Four Miles of Bristoll, and intends to assault that City: Upon this, the Lord General intends To-morrow to march out from Windsor, with the whole Army; but desires that there may be some Course taken, to furnish (fn. 3) a Supply of Money and Victuals: For the effecting hereof, the House of Commons have made some Votes, wherein they desire their Lordships Concurrence.

"The Votes were read, as followeth:

Votes concerning it.

"1. That this House doth approve of the Lord General's Resolution to march, upon Information that the King's Forces are in Motion; and that Thanks be given unto him, for his Care of the Safety of the Kingdom."

Agreed to.

"2. Resolved, &c.

"That the Lord Mayor be desired that a Common Council be called, to meet To-morrow at Ten of the Clock; and that a Committee of both Houses may go thither, and that Supply of Money and other Assistance may be there propounded and desired, for the important Service of the Army now to march."

Ordered, and Agreed to accordingly.

Differences among the Commanders in the North.

Next, it was reported, "That the House of Commons have received some Letters from the North, by which it seems that there is some Differences amongst the Officers that command in Chief there; whereupon the House of Commons have passed some Votes, wherein they desired their Lordships Concurrence.

Votes concerning them.

"Resolved, &c.

"That Letters be sent to the Lieutenants and Deputy Lieutenants of the Counties of Lyncolne, Nottingham, and Derby, to send what Forces they can, with all Conveniency, to the Lord Fairefaix."

Agreed to.

"Resolved, &c.

"That the Lord Fairefaix shall be desired to go in Person, if he can, with the best Strength he hath, to the Aid of Captain Hotham, in the East Riding of the County of Yorke; if not, to send One Thousand Foot at least, or more if he can spare them, to oppose the Army under the Command of the Earl of (fn. 4) Newcastle; and that the Committee for the Safety do prepare these Letters."

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

Committee to go to the Common Council.

Ordered, That Three Lords shall go to the Common Council To-morrow at Ten a Clock, with a Committee of the House of Commons.

Message to the H. C. to appoint a Committee to go with them.

A Message was sent to the House of Commons, to let the House of Commons know, that their Lordships agree with the House of Commons in all the Votes brought up at this last Conference; and that their Lordships do appoint that Three Lords shall join with a proportionable Number of the House of Commons, to go as a Committee to the Common Conncil To-morrow, at Ten of the Clock.

Adjourn.

House adjourned till 10^a cras.