House of Lords Journal Volume 7: 17 January 1645

DIE Veneris, 17 die Januarii.

PRAYERS, by Mr. Burges.

Ds. Grey de Warke, Speaker.

Mrs. Nicholson's Petition, for a Maintenance out of the Living of Stapleford Tawney.

Upon reading the Petition of Mary Nicholson; shewing, "That the Parliament having formerly sequestered her Husband from the Parsonage of Stapleford Tawny, in the County of Essex; she desires she may be allowed the Fifth Part, for her Maintenance." Hereupon this House Ordered, That the Orders mentioned in the Petition shall be produced, and then the House (fn. 1) will further consider of the Business: And it is further Ordered, That Information be given to this (fn. 1) House, whether the Incumbent that the Parliament put in be alive now or not.

Second Answer to the King, about the Treaty.

The Second Answer to the King was read, and the List of Names; and this House Agreed to the Answer and the List, only Two Names, videlicet, Mr. John Foulkes and Mr. Ja. Russell, and their Attendants; because their Lordships know not in what Capacity they go, who are neither Members of Parliament, nor Attendants to (fn. 2) them.

And a Message was sent down to the House of Commons, by Dr. Aylett and Dr. Heath; who communicated to them the Papers, with their Lordships Sense thereupon.

Report of an Answer to The States Ambassadors.

The Lord Admiral (fn. 3) reported, "That the Committee that treat with The States Ambassadors have thought of an Answer to be returned to them to their late Papers, which Answer was commanded to be read. And this (fn. 3) House approved of it; and Resolved, To communicate this to the House of Commons; and to let them know, that their Lordships think it fit that it be delivered to the Ambassadors from both Houses, by Two Lords and Four Commoners, and desire their Concurrence therein."

Ordinance for Dr. Love to be Master of Trinity College, Cambridge.

An Ordinance was read Twice, for settling Dr. Love to be Master of Trinity College, in Cambridge, during his Life.

And this Ordinance was committed to the Consideration of the (fn. 4) Lords following:

Any Four to meet.

Committee to examine a Man about Libels in his Possession.

Upon Information to this House, "That the Company of the Stationers have found out a Person, who had in his House divers scandalous Books and Pamphlets, and a Letter for Printing; the Letter thereof is very like the Letter of the Libel against the Peers."

Hereupon the House appointed the Lord General, the Lord Admiral, Earl of Kent, and the Lord North, or any Two of them, to examine the said Person, now in Custody, concerning the said Libel.

Message to the H. C. with the Answer to be delivered to The States Ambassadors; and with the Ordinance concerning Compositions in the Court of Wards.

A Message was sent down to the House of Commons, by Mr. Serjeant Whitfield and Mr. Serjeant Fynch:

To deliver to them the Answer to be returned to The States (fn. 5) Ambassadors, and desire their Concurrence therein; and, if they agree to it, that (fn. 4) they would appoint Four of their Members, to join with Two Lords, to deliver the same to The States Ambassadors Tomorrow in the Afternoon.

2. To deliver to them the Ordinance concerning the Court of Wards, and desire their Concurrence therein.

Tew, in whose Possession Libels were found, committed for Contempt.

The Lord Admiral reported, "That they examined the Person about whom the scandalous Books were found, and (fn. 6) the Committee can get no Discovery out of him; therefore the Committee think it fit he be committed by this House for his Contempt, and that he may be forth-coming; and that the further Examination of the Business, both concerning what he knows touching the Authors, Dispersers, and Printing of these Books, and what he knows touching the scandalous Libel, and concerning the Letter for Printing which is found in his Custody, may be referred to Mr. Justice Reeves, and Mr. Justice, who are to report the Examinations to this House; and the Stationers are to attend the Judges, and give them the best Information they can."

Hereupon this House Ordered, That Tew, for his Contempt to this House, shall be committed to The Fleete; and that the Judges do examine him this Afternoon, and the Stationers to attend the Judges.

Answer from the H. C.

Dr. Aylett returns with this Answer from the House of Commons:

That they will send an Answer, by Messengers of their own, concerning the Treaty.

Message from thence, that they agree to the Answer to the King and the List of Attendants.

A Message was brought from the House of Commons, by Denzell Holles Esquire:

To let their Lordships know, that they agree in the Answer to be sent to the King, and the List of Names, excepting One Word, ["given"] instead of the Word ["sent"], in the Answer to the King. (Here enter them.)

And this House Agreed to them.

Answer to The States Ambassadors.

"To the First, That the Parliament of England have already given such an Answer to that Proposition of the Lords The States Generall of the United Provinces, by which they make Offer of their Interposition for Peace, as they hope will give unto them full and ample Satisfaction, being such as the Condition of their Affairs would admit; and, as they professed it then, so is it still their Sense, to set a high Estimation upon the great and good Affection of those High and Mighty Lords, so manifestly expressed to them.

"To the Second, The Proposition made concerning Restitution of Ships, and Damages, was found to concern either the Public Interest of the State, or the Private Interest of particular Men: Those of the First Kind were, upon Debate, out of the Respect to the said States General, ordered to be restored, when, for aught appears to the contrary, Execution hath been accordingly had; and for Damages to those, it was Ordered, That, the Damages being proved by a legal Proceeding in the High Court of Admiralty, the Parliament would liquidate and see Payment to be thereof made.

"For those of the Second Sort, The Houses hold fit that the Parties Complainants have free Liberty to prosecute their Interests in the High Court of Admiralty of England for such as have not been already sentenced, or by Way of Appeal for such as have been adjudged there; wherein the Houses, taking Notice of the Request delivered by the Ambassadors, will give Command that Right shall be done, according to the Rules of Justice.

"To the Third and Fourth, That touching the Freedom of Commerce, and the Revocation of the Ordinance; both Houses of Parliament, finding they are Matters of very great Consequence, have the same under a serious Consideration, and will in a convenient Time resolve upon that which shall appertain to Justice."

Further Answer from both Houses and the Scots Commissioners to the King, about a Treaty for Peace.

"May it please Your Most Excellent Majesty,

We, Your Majesty's humble and loyal Subjects, the Lords and Commons assembled in the Parliament of England at Westm. and the Commissioners of the Parliament of Scotland, do make our further Answer to Your Majesty's Message of the 13th of December last, 1644, concerning a Treaty for Peace, as followeth:

"We do consent that there be a Treaty for a safe and well-grounded Peace, between Your Majesty and Your humble and loyal Subjects assembled in the Parliaments of both Kingdoms; and, for the present, have appointed Algernoone Earl of Northumberland, Phillip Earl of Pembrooke and Mountgom'y, William Earl of Salisbury, Bazill Earl of Denbigh, Thomas Lord Viscount Wenman, Denzell Holles, William Pierrepoint, Sir Henry Vane Junior, Oliver St. John, Bulstrod Whitlock, John Crew, Edmond Prideaux, for the Lords and Commons assembled in the Parliament of England at Westminster; and John Earl of Loudoun Lord Chancellor of Scotland, Archibald Marquis of Argyle, John Lord Maytland, John Lord Balmerino, Sir Archibald Johnston, Sir Charles Erskyn, George Dundas, Sir John Smith, Mr. Hugh Kennedy, and Mr. Robert Barclay, for the Estates of the Parliament of Scotland, together with Mr. Alexander Henderson upon the Propositions concerning Religion; who, or any Ten of them (there being always some of the Parliaments of both Kingdoms), are appointed and authorized to meet at Uxbridge, on what Day Your Majesty shall be pleased to set down, before the last Day of this present January, with such Persons as Your Majesty shall appoint under Your Sign Manual for that Purpose; and the Number of the Persons to treat not to exceed Seventeen on either Part, unless the Persons named for the Estates of the Parliament of Scotland, now not here, nor any of them, shall come; and then Your Majesty may have the like Number, if You please; there to treat upon the Matters contained in the Propositions we lately sent unto Your Majesty, according to such Instructions as shall be given unto them; and the Propositions for Religion, the Militia, and for Ireland, to be first treated upon and agreed; and the Time for the Treaty upon the said Propositions for Religion, the Militia, and for Ireland, not to exceed Twenty Days: And for the Things mentioned in Your Message to be propounded by Your Majesty, when the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us as aforesaid, we have directed them to send the same to us, that they may receive our Instructions what to do therein; and to the End that the Persons that are to be sent from Your Majesty and from us, with their Retinue, not exceeding the Number of One Hundred and Eight on either Part, may repair to Uxbridge, stay there, and return at their Pleasures without Interruption, that mutual safe Conducts be granted to the said Persons, according to the several Lists of their Names.

"Signed by Order of the Lords and Commons assembled in the Parliament of England at Westminster.

Signed in the Name, and by the Warrant, of the Commissioners of the Kingdom of Scotland."