House of Lords Journal Volume 5: 13 April 1643

DIE Jovis, videlicet, 13 die Aprilis.

PRAYERS.

Earl of Manchester was appointed to be Speaker this Day.

The Speaker acquainted this House, "That he hath received a Letter from the Lord Viscount Falkland, wherein is inclosed a Message from His Majesty, concerning the Disbanding of the Army, and His Return (fn. 1) to London."

L. Falkland's Letter, with the King's Answer about Disbanding the Armies, and returning to London.

"My Lord,

"I am commanded, by His Majesty, to convey to your Lordship His Majesty's inclosed Message to both Houses of Parliament, concerning the Disbanding of the Armies, and His Majesty's Return to His Parliament; and, this done, I remain,

"My Lord,

Oxford, April, 1643.

"Your Lordship's very humble Servant,

"Falkland.

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

Next, the King's Message was read, as followeth. (Here enter it.)

Next, a Letter of the Earl of Northumb's was read, signifying, "That he hath acquainted His Majesty with the Instructions they received from both Houses."

E. of Northumberland's Letter, that he had acquainted the King with the Instructions from both Houses.

"My Lord,

"Upon the Instructions we received by Sir Peter Killegrew on Sunday last, we prepared several Papers; and, having Access to His Majesty on Sunday Morning, we presented them to Him, who pleased to tell us, That He would think on them, and give us His Answer; in Expectation whereof, we have duly attended, but have not been sent for by His Majesty: This Night we understood that a Message is sent to both Houses, from the King, by Mr. Heron; and, although I have nothing further to inform your Lordships of at this Time, yet, in Obedience to your Lordship's Commands, I thought fit to send this Messenger, to give your Lordships this short Account, from

"Your Lordship's humble Servant,

Oxford, April 12th, 1643.

"Northumb,

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

Sir Ralph Hare, a Pass.

Ordered, That Sir Ralph Hare shall have a Pass, to go for France, with Three Men.

Mr. Cary, a Pass.

Ordered, That Mr. Cary shall have a Pass, to return to Oxford.

Mr. Frost, 500l.

An Order to pay to Mr. Frost Five Hundred Pounds of the Contribution-money, for Corn sent to Colrayne. (Here enter it.)

Agreed to.

Ordered, To communicate this Message of the King's to the House of Commons, at a Conference.

Message to the H. C. for a Conference about the King's Answer.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To desire a Conference, in the Painted Chamber, concerning a Message sent from His Majesty.

Sequestration of Subridgworth.

Next, the Order for sequestering the Profits of the Parsonage of Subridgworth, in the County of Hertford. (Here enter it.)

Agreed to.

Committee for the Treaty to consider of an Answer to the King's Messages.

It was to be desired, at this Conference, "That the Committee for the Treaty may meet this Afternoon, at Three a Clock, to take this Message and the other before this into Consideration, what Answer is fit to be given; and to weigh and consider those Reasons very well, as being of great Consequence, upon which the Disbanding is offered by the King, and report their Opinions to this House."

Mrs. Snelling, a Pass.

Ordered, That Mrs. Snelling shall have a Pass, to go to Newberry.

Mr. Stephens, a Pass.

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

Lady Byron, a Pass.

Ordered, That the Lady Byron shall have a Pass, to go to Oxford, with a Coach and Four Horses, and a Maid and a Man.

The Messengers return with this Answer:

Answer from the H. C.

That the House of Commons will give a present Conference, as is desired.

Baynes, Lord Morley's Servant, and Ridges.

Ordered, That this House refers the Examination of the Business concerning the Lord Morley's Servant, and Ridges, touching the Outlawry, to Mr. Baron Trevor, Mr. Justice Reeves, and Mr. Justice Bacon, who are to report their Opinions concerning that Business to this House on Saturday next.

Lady Spencer, a Pass.

Ordered, That the Lady Spencer, at Yarnton, in the County of Oxon, shall have a Pass, to come from thence to London, with Two Children, Maids, and Three Men, and a Coach, with Three Horses.

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

Mr. Hudson to be inducted to Chartham.

Ordered, That the Archbishop of Cant. is hereby peremptorily required and commanded to present and induct Mr. Hudson to the Benefice of Chartam, near Canterbury.

Sequestering the Archbishop of Canterbury's Jurisdiction of Presentation.

Ordered, That it be taken into Consideration what Course is fit to be taken, for sequestering the Power and Jurisdiction of the Archbishop of Cant. in bestowing Benefices.

Colonel Hurrey, a Pass for Arms.

Ordered, That a Pass shall be granted, to convey some Arms, from Colonel Hurrey, at London, to Uxbridge, to Major Hurrey there, for the present Service of the Parliament.

Mr. Edes, a Pass.

Ordered, That Mr. Edes shall have a Pass, to go to Oxford.

The Order was read, for paying to Lieutenant Colonel Gibbs his Arrear in the North. (Here enter it.)

Agreed to.

Order for Lt. Colonel Gibbs, 65l. Arrears.

"It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That the Treasurers at London, for the Bill of Four Hundred Thousand Pounds, do forthwith pay unto Sir Wm. Udall, Treasurer at Wars, the Sum of Sixty-five Pounds, to be paid unto Lieutenant Colonel Gibbs, there being so much due unto him for his Service in the late Northern Expedition, as by the said Sir Wm. Udall's Certificate doth appear."

Countess of Annandale, a Pass.

Ordered, That the Countess of Annundale shall have a Pass, to bring some of her Household Stuff from Guilford to London.

Message from the H. C. about the Committees meeting, concerning the King's Answer;

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

1. That the House of Commons do agree to meet with the Committee this Afternoon, at Two of the Clock, to consider of the King's Answer; and desire that they might meet punctually at Two of the Clock this Afternoon, because many of the Committee of the House of Commons are to go into London at Four.

and about recalling the Committees from Oxford.

2. They desire their Lordships Concurrence in the Order for calling the Committee at Oxon Home on Saturday next.

The Answer returned was:

Answer.

That the Committee of this House shall peremptorily meet, at Two a Clock this Afternoon; and concerning the Order touching the re-calling of the Committee, their Lordships will send an Answer, by Messengers of their own in convenient (fn. 2) Time.

Message from the H. C. for Concurrence in Orders, &c.

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

To desire their Lordships Concurrence in some Orders and Ordinances.

The Answer returned was:

Answer.

That their Lordships will take these Ordinances and Orders into Consideration, and will send an Answer by Messengers of their own.

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

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

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To let the House of Commons know, that their Lordships do intend to sit this Afternoon; and desire they will sit also, if it may stand with their Conveniency.

Order for sequestering the Profits of Sabridgworth, from Mr. Webb.

"Whereas Christopher Webb, Vicar of Sabridgworth, in the County of Hertford, upon the Hearing of the Complaint against him before the Grand Committee of the House of Commons for Religion, was fully proved to be a common Gamester, a common Drunkard, an Alehouse-haunter, negligent of his Cure, and not suffering others to preach when himself would not, and therefore voted by the said Committee unworthy and unfit to hold any Ecclesiastical Benefice, or Spiritual Promotion in the Church, and since hath expressed much Malignity against the Parliament, affirming, among other Things, "That he hopes in God, he should see the Confusion of the Parliament:" All which the Lords and Commons in Parliament assembled taking into Consideration, for the better Supply of an able and godly Minister in the said Church, and for the Provision of fit Maintenance for those that shall officiate therein, do constitute and Ordain, That Tobias Gibson, Thomas Lyon, William Parnill, Samuell Petchey, Thomas Pery, John Reddington, Barington Perry, Wm. Almestead, John Hampton, and Thomas Dyer, Parishioners of the said Parish of Sabridgworth, or any Three of them, shall have Power and Authority, and are hereby required, to sequester the Vicarage-house, and all the Glebe Lands, Tithes, Rents, and Profits whatsoever, of the said Church, and to appoint Collectors for the gathering and receiving of them, as they in their Discretion shall think fit; and shall have Power, and are hereby required, to deliver and pay the same unto Samuell Aynsworth, a Learned, Godly, and Orthodox Divine, who is hereby required and appointed to preach every Lords-day, and to officiate as Vicar, and to take Care for the Discharge of the said Place in all the Duties thereof, until further Order shall be taken by both Houses of Parliament; and if any shall refuse to deliver unto the said Sequestrators, or any Three of them, or to the Collectors appointed by them, the said Vicarage-house and Glebe Lands, or to pay unto them any of the Tithes, Rents, Profits, Duties, or lawful Fees accustomed to be paid, upon Information thereof by the said Sequestrators, or any Three of them, to either House of Parliament, the said Lords and Commons do Declare, They will proceed against such Refusers according to their several Offences and Contempts."

Order for Mr. Frost, 500l. Contribution-money for Corn sent to Coleraine.

"Whereas Mr. Frost informeth the Committee for the Affairs of Ireland that, the Sum of Five Hundred Pounds being resolved the last Summer to be issued out of the Contribution-money for Ireland, and to be laid out for providing of Corn, to be sent for Relief of the Town of Coleragne in Ireland, the Lords and others His Majesty's Commissioners for Ireland directed the said Mr. Frost to provide the Corn, and send it away, which he accordingly did, but hath not yet received the Money, by reason no Order of Parliament issued for the same that can yet be found: It is therefore Ordered, by the Lords and Commons in Parliament assembled, That the said Sum of Five Hundred Pounds be paid unto the said Mr. Frost, out of such Monies as are or shall first come in upon the Act of Loan and Contribution for Ireland, as was first intended."

Order for 66l. to Lieutenant Colonel Gibbs, for Arrears in the North.

"It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That the Treasurers at London, for the Bill of Four Hundred Thousand Pounds, do forthwith pay unto Sir William Uvedall, Treasurer at Wars, the Sum of Sixty-six Pounds, to be paid unto Lieutenant Colonel Gibbs, there (fn. 3) being so much due unto him, for his Service in the late Northern Expedition, as by the said Sir Wm. Uvedall's Certificate doth appear."

King's Message concerning Disbanding the Armies and coming to the Parliament.

"CHARLES R.

"To shew to the World how earnestly His Majesty longs for Peace, and that no Success shall make Him desire the Continuance of His Army to any other End, or for any longer Time, than that and until Things may be so settled as that the Law may have a full, free, and uncorrupted Course, for the Defence and Preservation of the Rights of His Majesty, both Houses, and His good Subjects:

"1. As soon as His Majesty is satisfied in His First Proposition, concerning His own Revenue, Magazines, Ships, and Forts, in which He desires nothing but that the just, known, legal Rights of His Majesty (devolved to Him from His Progenitors), and of the Persons trusted by Him, which (fn. 4) have been violently taken from both, be restored unto Him and unto them, unless any just and legal Exceptions against any of the Persons trusted by Him (which are yet unknown to His Majesty) can be made appear to Him.

"2. As soon as all the Members of both Houses shall be restored to the same Capacity of sitting and voting in Parliament as they had upon the First of January 1641, the same of Right belonging unto them by their Birth-rights, and the free Election of those that sent them, and having been voted from them for adhering to His Majesty in these Distractions; His Majesty not intending that this should extend either to the Bishops whose Votes have been taken away by Bill, or to such in whose Places, upon new Writs, new Elections have been made.

"3. As soon as His Majesty and both Houses may be secured from such tumultuous Assemblies, as, to the great Breach of the Privileges, and the high Dishonour of Parliaments, have formerly assembled about both Houses, and awed the Members of the same, and occasioned Two several Complaints from the Lords House, and Two several Desires of that House to the House of Commons, to join in a Declaration against them, the complying with which Desire might have prevented all these miserable Distractions which have ensued, which Security His Majesty conceives can be only settled by adjourning the Parliament to some other Place, at the least Twenty Miles from London, the Choice of which His Majesty leaves to both Houses; His Majesty will most chearfully and readily consent, that both Armies be immediately disbanded, and give a present Meeting to both His Houses of Parliament, at the Time and Place, (fn. 5) unto which the Parliament shall be agreed to be adjourned; His Majesty being most confident, that the Law will then recover the due Credit and Estimation; and that, upon a free Debate, in a full and peaceable Convention of Parliament, such Provisions will be made against seditious Preaching and Printing against His Majesty and the established Laws, which hath been One of the chief Causes of the present Distractions; and such Care will be taken concerning the legal and known Rights of His Majesty, and the Property and Liberty of His Subjects, that whatsoever hath been published or done, in or by Colour of any illegal Declaration, Ordinance, or Order, of One or both Houses, or any Committee of either of them, and particularly the Power to raise Arms without His Majesty's Consent, will be in such Manner re-called, disclaimed, and provided against, that no Seed will remain for the like to spring out of the future, to disturb the Peace of the Kingdom, and to endanger the very Being of it.

"And in such a Convention, His Majesty is resolved, by His Readiness to consent to whatsoever shall be proposed to Him by Bill, for the real Good of His Subjects (and particularly for the better Discovery and speedier Conviction of Recusants, for the Education of the Children of Papists by Protestants in the Protestant Religion, for the Prevention of Practices of Papists against the State, and the due Execution of the Laws, and true Levying of the Penalties against them), to make known to all the World how causeless those Fears and Jealousies have been, which have been raised against Him, and by that so distracted this miserable Kingdom.

"And if this Offer of His Majesty be not consented to (in which He asks nothing for which there is not apparent Justice on His Side, and in which He defers many Things, highly concerning both Himself and People, till a full and peaceable Convention of Parliament, which in Justice He might now require), His Majesty is confident, that it will then appear to all the World, not only who is most desirous of Peace, and whose Fault it is that both Armies are not disbanded, but who have been the true and First Cause that this Peace was ever interrupted, or these Armies raised; and the Beginning or Continuance of the War, and the Destruction and Desolation of this poor Kingdom (which is too likely to ensue), will not, by the most interested, passionate, or prejudicate Person, be imputed to His Majesty."

Adjourn.

House adjourned till 4^a post meridiem.

Post meridiem.

PRAYERS.

The Messengers sent in the Morning to the House of Commons return with this Answer:

Answer from the H. C.

That the House of Commons will sit this Afternoon, as is desired.

Adjourn.

House adjourned till 10^a hora, cras.