House of Lords Journal Volume 7: 3 February 1645

DIE Lunæ, 3 die Februarii.

PRAYERS, by Dr. Wincupp.

Ds. Grey de Warke, Speaker.

Michell and Osbaston.

It was moved, "That Colonel Michaell might be heard, by his Counsel, touching the Business between him and Mr. Osbaston:" And the House thought it not fit to give Way to it, until the said Michell, standing in Contempt to this House, might give Satisfaction to the House for the same, and stand rectus in Curia.

E. of Northumberland's Lodge at Peworth, plundered by Sir W. Waller's Soldiers.

Upon Information to this House, "That some Forces of Sir Wm. Waller's hath (fn. 1) been plundering a Lodge belonging to the Earl of Northumb. in the Custody of Mr. Payler, at Petworth, and have taken away the Goods:" Hereupon this (fn. 2) House Ordered, That a Letter be written to Sir Wm. Waller, that he should examine this Business, and find out the Offenders, and return the State of the Business to this House; and that (fn. 1) an Ordinance be drawn up, for the Protection of his Houses and Lodges.

De Franchi, a Pass.

Ordered, That Signior Gio Miolo de Franchi, and Gio Basta Riva his Servant, [ (fn. 1) shall have a Pass,] to go to Oxford, to His Majesty's Court, and from thence to Faymouth, about some Silver of his which was in the Ship that went in thither.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Mr. Nicolls, &c.

To desire their Lordships Concurrence in these Particulars following:

1. An Ordinance concerning the reimbursing to the Commissioners of Excise Fourteen Thousand Pounds.

(Here enter it.)

Read Thrice, and Agreed to.

2. Another Ordinance, for enlarging the Ordinance of Excise. (Here enter it.)

Read, and Agreed to.

Answer.

The Answer returned was:

That this House agrees to all the Particulars now brought up.

Papers from the Commissioners at Uxbridge.

The Speaker reported, "That he received this Morning a Packet from the Commissioners at Uxbridge; directed thus,

"For the Right Honourable the Lord Gray of Warke, Speaker of the House of Peers pro Tempore."

Next was read, the Papers inclosed, being Twenty in Number. (Here enter them.)

Next were read, Two Letters from the Commissioners at Uxbridge, dated the 2 Feb. 1644.

Assembly desired to dispatch the Directory for Church Government.

Ordered, That the Earl of Manchester is hereby appointed to acquaint the Assembly, from this House, "That their Lordships have received a Letter from the Commissioners at Uxbridge, to signify, that it is requisite that the Remainder of the Church Government be dispatched; therefore to desire that the Assembly would hasten the finishing of the Church Government."

Ordinance for an Allowance for the Minister of Okingham.

The Lord Viscount Say & Seale reported from the Committee, "That they have considered of the Ordinance for the Minister of Okingham; and they think it fit to pass as it is."

Hereupon it was Read the Third Time, and Agreed to.

(Here enter it.)

Answer to the Papers from the Commissioners for the Treaty.

Ordered, That the Desires of the Commissioners in their Papers are referred to the Consideration of the Committee of both Kingdoms, to prepare an Answer thereto, and report the same to this House; and to send to the House of Commons, to desire their Concurrence herein.

Ordered, To send to the House of Commons, to desire them to give Expedition to the Instructions to be given the Commissioners, what Answer they are to make to the King's Propositions.

Message to the H. C. about it.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

To let them know, their Lordships have received divers Papers from the Commissioners at Uxbridge; and do think fit to refer the Consideration thereof to the Committee of both Kingdoms, to prepare what they conceive fit to be tendered to both Houses of Parliament for their further Consideration thereof.

2. That whereas this House sent down Instructions to the Commissioners, what Answer to give the King's Propositions; to desire Expedition therein.

Sir T. Mal let's Recognizance vacated, he having procured Sir J. Temple's Exchange.

Upon certain Information to this House, "That Sir John Temple is come to London out of Ireland, being exchanged for Sir Thomas Mallett Knight, One of the Justices of the Court of King's Bench:" It is Ordered, That Mr. Justice Mallett's Recognizance, entered into by him in this House, shall be hereby vacated, and made of none Effect; and likewise he is hereby released and acquitted from the Engagement of his Word given to this House for his Personal Appearance, and rendering of himself, in case Sir John Temple was not released by Way of Exchange for him; and that John Wingate his Servant shall have a Pass, to go to him, to give him Notice herein.

Message from the H. C. to expedite the Ordinance for the Army to be under the Command of Sir T. Fairfax;

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

To desire their Lordships will please to take the Ordinance for the new Model of the Army into Consideration, because they look upon it as a Business that concerns the Safety of the Kingdom.

and to sit P. M.

2. To let their Lordships know, that the House of Commons intend to sit this Afternoon, about the Affairs of the Kingdom; and desire their Lordships would sit likewise, if it may stand with Conveniency.

The Answer returned was:

Answer.

That this House will take the Ordinance into speedy Consideration: and will sit at Three a Clock this Afternoon, as is desired.

Paper from the King's Commissioners, for nothing to be final, but what is in Writing.

1 Februarii, 1644.

"We desire a full Answer to our Paper, that nothing shall be taken as agreed upon, but what is put in Writing; and your Concurrence in declaring, that what shall be delivered in Writing upon any Proposition, or upon any Part of a Proposition, is not to be binding or prejudicial to either Party, if the Treaty shall break off.

By Command of His Majesty's "Commissioners.

Exam'r,

John Thurloe Secretary.
Wm. Dugdale.
Daniel Earle Secretary.
"Nic. Oudart."

"1 Februarii,

Answer.

1 Februarii, 1644.

"According to our former Paper, we shall deliver our Demands and Answers in Writing, and desire your Lordships to do the like; and nothing shall be taken as agreed upon, but what is put in Writing; and we shall acquaint the Houses of Parliament, that you have declared what shall be delivered in Writing upon any Proposition, or upon any Part of a Proposition, is not to be binding or prejudicial to either Party, if the Treaty shall break off.

Exam'r,

John Thurloe Secretary.
"Daniel Earle Secretary."

Paper from the King's Commissioners, complaining of a Sermon preached by Mr. Love, at Uxbridge, reviling them.

Ultimo Januarii, 1644.

We have certain Information, from divers present in Uxbridge Church Yesterday, that there was then a Sermon preached by one Mr. Love, in which were several Passages very scandalous to His Majesty's Person, and derogatory to His Honour, stirring up the People against this Treaty, and incensing them against us; telling them, "That we came with Hearts full of Blood; and that there is as great a Distance between this Treaty and Peace, as between Heaven and Hell," or Words to that Effect; with divers other seditious Passages, both against His Majesty and this Treaty. We know His Majesty's hearty Desire of a happy and well-grounded Peace, such as may be for God's Honour, and the Good of all His Subjects as well as Himself; and we, that are intrusted by His Commission, come with clear Intentions to serve Him in it, according to our Consciences, and the best of our Judgements; and this being preached in your Quarters, where we now are under safe Conduct, we desire your Lordships to consider how much this may reflect upon our Safety, how much it may prejudice and blast the blessed Hopes of this Treaty, and how just Offence and Distrust it may beget in His Majesty; and therefore we desire Justice against the Man, and that he may have exemplary Punishment.

By Command of His Majesty's Commissioners.

Exam'r,

John Thurloe Secretary.
Wm. Dugdale.
Daniel Earle Secretary.
"Nich. Oudart."

Answer to it.

Ultimo Januarii, 1644.

To the Paper delivered in by your Lordships this Day, concerning the Information received of several scandalous Passages preached in a Sermon in Uxbridge Church Yesterday, by one Mr. Love, we do return this Answer: That the said Mr. Love is none of our Retinue, nor came hither by any Privity of ours; that we conceive it most reasonable and agreeable to the Business we are now upon, that all just Occasions of Offence on either Part be avoided; and, as it hath been our Desire, so shall it be our Endeavour, to take the best Care we can, to prevent all Prejudices upon the present Treaty, which may blast the blessed Hopes thereof, or may beget any just Offence and Distrust in His Majesty; and shall be as tender of your Lordships Persons, according to the safe Conduct, as of our own. We shall represent your Lordships Paper concerning this Business (if your Lordships so desire) unto the Lords and Commons assembled in the Parliament of England, who will proceed therein according to Justice.

Exam'r,

John Thurloe Secretary.
"Daniel Earle Secretary."

Further Paper from the King's Commissioners about it.

1 Februarii, 1644.

We insist upon our former Desires, concerning the Sermon preached by Mr. Love, and must refer the the Way of doing Justice to your Lordships; and if your Lordships are not satisfied that such Words as we have charged him with were spoken by him, we are ready to produce our Proof thereof to your Lordships.

By Command of His Majesty's Commissioners.

Exam'r,

John Thurloe Secretary.
Wm. Dugdale.
Daniel Earle Secretary.
"Nich. Oudart."

Answer.

1 Februarii, 1644.

We will represent both your Lordships Papers concerning Mr. Love unto the Lords and Commons assembled in the Parliament of England at Westm. who will proceed therein according to Justice.

Exam'r,

John Thurloe Secretary.
"Daniel Earle Secretrary."

Paper from the King's Commissioners, concerning the Proposition for Religion.

1 Februarii, 1644.

Your Lordships First Proposition, in the Paper concerning Religion, referring to the Third Proposition sent to His Majesty; we find that refers to the Articles of the late Treaty, of the Date, Edenburgh, 29th November, 1643, and to the joint Declaration of both Kingdoms; we desire your Lordships, we may see those Articles and Declarations: And your Lordships Second Proposition in that Paper, referring to the Ordinances concerning the Calling and Sitting of the Assembly of Divines, we desire to see those Ordinances.

By Command of His Majesty's Commissioners.

Exam'r,

John Thurloe Secretary.
Wm. Dugdale.
Daniel Earle Secretary.
"Nic. Oudart."

Articles of the Treaty at Edinburgh, and the joint Declaration of both Kingdoms delivered to them;

1 Februarii, 1644.

According to your Lordships Desire in the Third Paper, we now deliver in the Articles of the late Treaty, of the Date of Edinburgh, 29 of Novem. 1644, and the joint Declaration of both Kingdoms; and we shall speedily deliver to your Lordships the Ordinances concerning the Calling and Sitting of the Assembly of Divines.

Exam'r,

John Thurloe Secretary.
"Daniel Earle Secretary."

1 Februarii, 1644.

and the Ordinance for calling the Assembly of Divines.

For Satisfaction to your Lordships Desires, we do herewith deliver the Ordinances for calling and sitting of the Assembly of Divines; and our Commission, with a Quorum of Ten.

Exam'r,

John Thurloe Secretary.
"Daniel Earle Secretary."

1 Februarii, 1644.

King's Commissioners desire to know if there are any more Propositions about Religion.

"We desire to know, whether the Propositions which we have received from your Lordships, touching Religion, be all that we are to expect from you upon that Subject.

By Command of His Majesty's Commissioners.

Exam'r,

John Thurloe Secretary.
Wm. Dugdale.
Daniel Earle Secretary.
"Nic. Oudart."

More to be delivered to them.

"1 Februarii, 1644.

" (fn. 3) There are other Things touching Religion to be propounded by us unto your Lordships, upon the Propositions formerly sent unto His Majesty from the Parliaments of both Kingdoms, which we shall in due Time give in unto your Lordships; but we do first desire your Answer to the Papers touching Religion, given in Yesterday, that some good Progress may be made therein, before the Three Days assigned to treat upon Religion in the First Place do expire.

"Exam'r,

"John Thurloe Secretary.
"Daniel Earle Secretary."

King's Commissioners desire to know if those from the Parliament have Power to make any Alterations in the Propositions for Religion.

"1 Februarii, 1644.

"Having considered your Lordships Paper containing the Propositions concerning Religion, with the Paper annexed, and finding the same to contain absolute Alterations in the Government both of the Ecclesiastical and Civil Estate; we desire to know, whether your Lordships have Power to treat and debate upon the said Propositions, and, upon Debate, to recede from, or consent to, Alerations in the said Propositions, if we shall make it appear to be reasonable so to do; or whether your Lordships are bound up, by your Instructions, to insist upon those Propositions without any Alterations.

"By Command of His Majesty's Commissioners.

"Exam'r,

"John Thurloe Secretary.
"Wm. Dugdale.
"Daniel Earle Secretary.
"Nic. Oudart."

Parliament's Commissioners can't alter them; but will shew the Reasonableness of them.

"1 Februarii, 1644.

"Our Paper given in to your Lordships conceruing Religion doth contain no Alterations but such as are usual in a Time of Reformation, and, by the Wisdom of the Parliaments of both Kingdoms, are judged necessary at this Time, for settling Religion and Peace; and as, by our Commission and Paper formerly shewed your Lordships, we have made known our Power to treat upon them, so are we ready by Debate, to shew how reasonable they are, and that there will be no Reason to expect that we should alter or recede from them; but as for your Demand of our shewing what further Power we have by our Instructions, it is that we have no Warrant to do, as we have already signified to your Lordships by a former Paper.

Exam'r,

"John Thurloe Secretary.
"Daniel Earle Secretary."

Whether the Parliament's Commissioners have any Instructions about the King's Propositions.

1 Februarii, 1644.

We desire to know, whether your Lordships have any Instructions concerning His Majesty's Propositions for settling a safe and well-grounded Peace; and, if you have any touching the same, we desire a Sight of them.

"By Command of His Majesty's Commissioners.

Exam'r,

"John Thurloe Secretary.
"Daniel Earle Secretary.
"Wm. Dugdale.
"Nic. Oudart."

Answer.

"1 Februarii, 1644.

"We have not as yet received Instructions concerning His Majesty's Propositions, and shall therefore acquaint the Lords and Commons assembled in the Parliament of England with the Desires expressed in that Paper; who, having taken those Instructions into their Considerations before our coming from them, will send them to us in Time convenient.

"Exam'r,

"John Thurloe Secretary.
"Daniel Earle Secretary."

King's Commissioners desire their Messengers may pass to and from Oxford freely.

1 Februarii, 1644.

"We desire that such Messengers as His Majesty shall send to us with Letters may come hither, stay, and return to Oxford, under the safe Conduct granted to us; provided that but One Person shall come at Once; and his Name shall be immediately, as soon as he comes to us, sent to the Governor of this Town.

"By Command of His Majesty's Commissioners.

Exam'r,

"John Thurloe Secretary.
"Daniel Earle Secretary.
"Wm. Dugdale."

King's Commissioners desire Time to consider of the great Alterations proposed in Religion and Church Government.

"1 Februarii, 1644.

"We desire to know, whether the Propositions we formerly received from your Lordships concerning Religion were all that would be offered concerning that Subject, because we thought it very necessary (since so great are proposed by you) to have a full View of the whole Alterations that are desired, since. in an Argument of the greatest Weight and highest Importance, we cannot give a perfect Judgement of any Part till we have a Prospect of the whole; but, since your Lordships do not yet think it Time to let us have a Sight of the rest, but first desire our Answer to the Paper delivered Yesterday, which contains many Particulars of which we never heard before, we shall apply ourselves to understand the Things proposed by you, in such Manner as we may return your Lordships a speedy Answer; and, to that Purpose, must desire your Lordships Information in some Particulars which are comprized in your Lordships Paper: And when your Lordships consider that the Directory for Worship (being so long) was delivered to us but Yesterday; that the Covenant, the Articles of the Treaty of Edinburgh, the Declaration of both Kingdoms, which are comprehended within the First Prosition, was delivered to us but this Day; and therefore we could return no Answer concerning the Bill for abolishing of Archbishops and Bishops, which is proposed to be passed according to the Third Proposition, in which the said Articles and Declarations are comprehended; and that the Ordinances for the Sitting of the Assembly are not yet delivered to us; we are confident, your Lordships will not think us negligent in making as good Progress in the Treaty upon Religion as in our Power, which we shall endeavour to advance with all Diligence, and the best of our Understanding.

"By Command of His Majesty's Commissioners.

Exam'r,

"John Thurloe Secretary.
"Daniel Earle Secretary.
"Wm. Dugdale.
"Nic. Oudart."

King's Commissioners desire Information relative to some Things concerning Church Government.

"1 Februarii, 1644.

"The Information we desire from your Lordships for the present is;

"Whether, by the Words in the First of those Propositions in your Lordships Paper annexed ["the respective Bounds of their Dwellings"], you intend the several Bounds of their Dwelling-houses, or the Bounds of Parishes; or whether you intend an Alteration of the Bounds of Parishes.

"In the Second Proposition, what other Church Officers [ (fn. 4) your Lordships] intend shall join with the Ministers in the Government of the Church; and what Jurisdiction they shall exercise in order to that Government, and from whom they shall derive it, and in what Degree be subordinate to the Power from whence they derive it,

"And what you intend by Presbyterial Government, by your Third Proposition.

"In the Fourth Proposition, what your Lordships intend by Congregational, Classical, and Synodical Assemblies.

"How Synodical Assemblies, Provincial, and National, shall be constituted, as to Persons and Causes; and what shall be the Bounds and Limits of their Jurisdictions, and from whom the several Jurisdictions above-mentioned shall be derived.

"To these Particulars we would be glad, if your Lordships think it fit, to receive Satisfaction in Debate, where Questions may be asked, and Replies made; before any Answer be returned in Writing, which may ask much Time, and be less satisfactory; but we refer the Way to your Lordships.

"By Command of His Majesty's "Commissioners.

"Exam'r,

"John Thurloe Secretary.
"Daniel Earle Secretary.
"Wm. Dugdale.
"Nic. Oudart."

Parliament's Commissioners will give a Conference about it.

"1 Februarii, 1644.

"We cannot but be sensible of the great Loss of Time occasioned by your Lordships Questions for Information in your last Paper; and shall have small Hopes of good Success in this Treaty, having these Two Days made so little Progress, unless your Lordships be pleased to give us full Answer to our Demands concerning Religion: Yet, to give all Satisfaction, with as little Expence of Time as may be, we are ready, by present Conference, to clear the Questions in your Paper.

"Exam'r,

"John Thurloe Secretary.
"Daniel Earle Secretary."

Paper from the King's Commissioners, to acquit themselves of the Imputation of Delay, concerning the Propositions for Church Government.

"2 Februarii, 1644.

"We conceive there was no Cause your Lordships should apprehend any Loss of Time occasioned by our present Questions, for that your Propositions concerning Religion were not delivered to us till Friday last; and the Directory then delivered with them so long, that the Reading of it spent the Residue of that Day; and divers other Papers, to which the Propositions referred, and without which we could not consider them, were not delivered us before Yesterday, and some of them not till after the Paper which imputes a Delay to us; and your Lordships having propounded only general Heads of a Presbyterial Government, without any particular Model of it, which in several Reformed Churches (as we are informed) is various both in Names and Powers, it was necessary to understand the particular Expressions in your Paper, the Alteration desired being so great, and being proposed to be enacted, which will require His Majesty's Consent, whom we ought to satisfy, having so great a Trust reposed in us; and we desire your Lordships to consider how impossible it hath been for us to give your Lordships, in less than Two Days, a full Answer (which in your last Paper you require) to what you propose, which is in Effect to consent to the utter abolishing of that Government, Discipline, and Public Form of the Worship of God, which hath been practised and established by Law here ever since the Reformation, and which we well understand, and the Alteration of which, in the Manner proposed, takes away many Things in the Civil Government, and provides no Remedy for the Inconveniencies which may happen thereby; and to consent to the Alienation of the Lands of the Church, for which, for aught appears (besides infinite other Considerations), so many Persons may be put to beg their Bread; to oblige His Majesty and all His Subjects to the taking of a new Oath or Covenant, and to receive and consent to a new Government; we do not, nor without Information cannot, understand; and which (in Truth) appears to us, by your Lordships Propositions, not to be (fn. 5) yet agreed upon in the Particulars; and your Lordships having declared to us, that you have other Things to propose to us concerning Religion which you do not (fn. 5) yet think it fit Time to acquaint us withall; notwithstanding all which Difficulties, we shall proceed with all possible Expedition; and desire that your Lordships will not object Delay to us, till we give you just Occasion.

"By Command of His Majesty's Commissioners.

"Exam'r,

"John Thurloe Secretary.
"Daniell Earle Secretary.
"Wm. Dugdale.
"Nic. Oudart."

Paper from them, to know if they understood the Parliament's Commissioners right, concerning the Propositions for Church Government.

"2^do Februarii, 1644.

"That we may make a right Use of the Information your Lordships were pleased Yesterday to afford us, in Debate, upon the Questions proposed by us concerning the Propositions in your Lordships Paper annexed, for the future Government of the Church, and so have some Understanding of that Government intended by your Lordships in the Place of that you propose to be abolished; we desire to receive your Lordships Answer in Writing, whether these short Collections upon the Debate Yesterday be the Sum of your Lordships Information upon the Questions formerly proposed by us.

"We conceive that the Information given to us in Debate by your Lordships, to the Questions we proposed to you in Writing, was,

"1. That the Congregational Assemblies consist of the Ministers and Ruling Elders.

"2. That the Classical Assemblies consist of many Congregational Assemblies.

"3. That the Provincial Assemblies are constituted of the several Classical Assemblies.

"4. That all these Congregational, Classical, and Provincial Assemblies together constitute a National Assembly.

"5. That the Authority and Jurisdiction of these several Assemblies shall be settled by Parliament.

"And if your Lordships have any Thing else to inform us concerning this Government, we do desire to receive the same from your Lordships.

"Exam'r,

"By Command of His Majesty's

Commissioners.

"John Thurloe Secretary.
"Daniel Earle Secretary.
"Wm. Dugdale.
"Nic. Oudart."

Letter from the Commissioners for the Treaty, with an Account of their Proceedings.

"For the Right Honourable the Lord Grey of Werke, Speaker of the House of Peers pro Tempore.

"My Lord,

"We herewith present unto you the Business of Saturday, being the Second Day for the Treaty on the Propositions concerning Religion: The several Papers are figured, in Order as they were delivered: In the First, you will perceive a Declaration of the Persons sent from His Majesty, whereto we shall expect your Pleasure. In the Sixth, their Desires are, to know if we have received Instructions, concerning Answers to His Majesty's Propositions; to which, as to the Papers formerly sent, we will give further Answers, according as we shall receive your Directions. We desire to know what Answer we shall give to the Seventh Paper.

"Your Lordships Faithful and humble Servants,

Uxbridge, Feb. (fn. 6) 2, 1644.

"A. Northumberland.
Pembroke & Mount.
"Salisbury.
B. Denbigh."

Another Letter from them, with a further Account; and to desire a Dispatch of the Directory for Church Government.

"To the Right Honourable the Lord Grey of Werke, Speaker of the House of Peers pro Tempore.

"My Lord,

"Since the closing up of our Letter of what passed upon Saturday, we have this Night very late received Two Papers from them, which we herewith send, and with them Two other Papers we had formerly received, One of them with some Queries, together with our Answer, which we did not think fit to send before we knew if they would rest satisfied with what was delivered by us in Answer to their Questions, by Way of Conference; and we humbly leave it to the Wisdom of the House, to consider if it may not be necessary to dispatch what remains behind of the Directory of Church Government, that we may able to inform them of all such Particulars as they may seem to doubt of, concerning the Model of a Presbyterian Government.

"Your Lordship's Humble and faithful Servants,

Uxbridge, Febru. 2 12 a Clock at Night.

"A. Northumberland. B. Denbigh.
Pembroke & Mount."

Ordinance for the Commissioners of the Excise to reimburse themselves 14,000l. advanced for the Ld. General's and Sir W. Waller's Armies, &c.

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, for several pressing Occasions of the Kingdom, have advanced the several Sums of Money hereafter mentioned; that is to say, Six Thousand Pounds for the Use of the Lord General the Earl of Essex's Army, to be paid to Sir Gilbert Gerrard Baronet, Treasurer at Wars; Four Thousand Pounds for the Use of Sir William Waller's Army, to be paid to John Trenchard Esquire; Two Thousand Pounds for the Garrison of Gloucester, to be paid to Nathaniell Steevens or Thomas Hodges Esquires; One Thousand Pounds for Colonel Norton's Regiment, to be paid to Robert Phillips Gentleman; and Fifteen Hundred Pounds for Colonel Ashton's Regiment, to be paid to Mr. Thomas Stone and Mr. James Waynewright; being in all Fourteen Thousand Five Hundred Pounds: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise shall and may reimburse themselves the said Fourteen Thousand Five Hundred Pounds, together with Interest for the same after the Rate of Eight per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Payment already assigned upon the Office of Excise shall not happen to fall due; or otherwise, for Default of such Intervals, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying and reimbursing themselves accordingly; the several and respective Receipts of the said several and respective Persons formerly mentioned, and appointed to receive the said Fourteen Thousand Five Hundred Pounds in Five particular Sums, shall be particular and sufficient Discharges to the said Commissioners of Excise in that Behalf."

Ordinance to continue the One for the Excise.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Ordinance concerning the Receipts and Commissioners of Excise, passed both Houses on Wednesday last, the 29th of this present January, 1644, shall be enlarged, and continue in Force, in the same Manner it now is, until the 11th of September, which shall be in the Year of our Lord 1646."

Ordinance for an Allowance for the Minister of Okingham.

"Whereas there is no Vicarage belonging to the Parish Church of Wokingham, in the County of Berks and Wilts, the Rectory of the same Church being impropriated to the Dean and Chapter of Salisbury, and, at a small Rent reserved, leased out by the said Dean and Chapter, for Term of Life, to Henry Barker Gentleman, whose Estate, and amongst other Things the said Rectory, was lately sequestered by the Committee appointed by Parliament for Sequestrations in the County of Berks, for the Delinquency of the said Henry Barker; and forasmuch as the Inhabitants of the Town and Parish of Wokingham, having formerly maintained a Preaching Minister amongst them for the most Part by their voluntary Contributions, but at the present are not only destitute of a Minister, but disabled to provide any, by reason of the extreme Poverty they are reduced to, by the many Quarterings, Plunderings, and Burning of their Houses by the Enemy, and long Visitation of Sickness amongst them: The Lords and Commons, taking their distressed Condition into serious Consideration, have Ordered, and be it Ordained, by the said Lords and Commons, That One Hundred Pounds per Annum be allowed, out of the Tithes and Profits of the said Rectory, for the comfortable Maintenance of a Preaching Minister in the said Church; and the said Committee of Sequestrations for the said County of Berks are desired to take it into their Care, that a godly and painful Minister be speedily provided, to officiate the Cure there; and are hereby authorized to pay unto such Minister the said Stipend of One Hundred Pounds per Annum, out of the Tithes and Profits of the said Rectory."

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS, by Mr. Dr. Gouge.

Ds. Gray de Warke, Speaker.

Earl of Northumberland's House, &c. at Petworth, to be preserved from Molestation.

The House being this Day informed, "That a Lodge of the Earl of Northumberland's, at Petworth, in the County of Sussex (being in the Keeping of Mr. Payler, a Gentleman of the said Earl's), hath been lately pillaged and plundered, by some of the Soldiers under the Commander in Chief near Farnham, employed in the Service for the West: It is Ordered, by the Lords in Parliament assembled, That the Mansion-house, Houshold-stuff, and Furniture, of the said Earl of Northumberland's, at Petworth aforesaid, and all other his Mansion-houses, with all the Outhouses belonging thereunto, together with all Lodges, Parks, Pales, and Deer, of the said Earl's, are hereby protected, and saved harmless, from the Violence of any Soldiers, or other Person whatsoever; neither shall there be any Seizure or Distress of them, or any of them, without the Privity or Licence of this House first had and obtained; and hereof all Persons are hereby enjoined to take Notice, and obey the same accordingly, as they will answer the contrary at their Perils."

Commander of the Forces near Farnham, to send up Delinquents who have plundered it.

The House being this Day informed, "That a Lodge of the Earl of Northumberland's, at Petworth (in the Keeping of Mr. Payler), hath been plundered by some Soldiers quartered near Farnham, in the County of Sussex: It is Ordered, by the Lords in Parliament assembled, That the Commander in Chief of the said Forces, being employed in the Service of the West, shall examine who are the Persons that plundered the said Lodge; and, having found them, shall send them up to the Lords in Parliament, to be proceeded against as the Cause shall deserve; and that such Goods as can be recovered shall be restored, and a strict Command given, that the like Plunder shall not be made hereafter."

Message from the H. C. with a Declaration, that no Proposition shall be binding if the Treaty breaks off.

A Message was brought from the House of Commons, by Sir Christofer Yelverton Knight and Baronet:

To let their Lordships know, that they having understood, by a Dispatch from their Commissioners, that the Commissioners of the King have made a Declaration, that nothing shall be binding in case the Treaty break off; and our Commissioners desiring Direction what Answer to give, the House of Commons have drawn up an Answer to be sent them, wherein they desire their Lordships Concurrence.

Read, and Agreed to.

"Resolved, &c.

"That the Commissioners of both Houses may declare, that what shall be delivered in Writing upon any Proposition, or upon any Part of a Proposition, is not to be binding or prejudicial to either Party, if the Treaty break off upon any other Proposition or Part of any Proposition."

The Answer returned was:

Answer.

That this House agrees to this Declaration now brought up.

Message to the H. C. with the Papers received from the Commissioners at Uxbridge.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

To deliver the Papers this Day received from the Commissioners at Uxbridge to them; and desire that the Papers may be referred to the Committee of Lords and Commons that sit at Derby House, to consider and offer to the Houses what they think fit to be done upon them; and to desire that the said Committee may meet this Night, that so the Houses may have an Account To-morrow Morning.

Message from thence, that they agree to the Instructions to be sent them.

A Message was brought from the House of Commons, by Sir William Lewis Knight:

To let their Lordships know, that they agree in the Instructions sent down to them, to be sent to the Commissioners at Uxbridge, what answer to give to the King's Propositions.

"Instructions for the Committees of both Houses of the Parliament of England, and the Commissioners of the Parliament of Scotland, respectively agreed upon.

Instructions for the Commissioners from both Houses, appointed to treat with the King's Commissioners at Uxbridge.

"To the First:

"You shall answer, They can make it appear, that what Part of His Majesty's Revenue hath been received by both Houses of the Parliament of England, hath been employed for the Safety of the Kingdom, and His Majesty's Honour; and shall leave His Revenue to His Majesty for the future; and you shall likewise propound to His Majesty, That He will restore what hath been taken to His Use upon any of the Bills assigned to other Purposes by several Acts of Parliament, or out of the Provision made for the War of Ireland.

"And you shall answer, That the Magazines, Towns, Forts, and Ships, (fn. 7) are to be settled according to the Fifteenth, Sixteenth, and Seventeenth Propositions.

"To the Second:

"You shall answer, When it can be made to appear that any Thing hath been done or published contrary to the known Laws of the Land, or derogatory to His Majesty's legal and known Power and Rights, Answer shall be thereunto given, agreeable with Justice.

"To the Third:

"You shall answer, That both Houses of Parliament have exercised no Power over His Majesty's Subjects, in their Persons or Estates, but what hath been done in Preservation of Religion and their Liberties, whereunto they have been necessitated by an Army raised against the Parliament and Kingdom.

"To the Fourth:

"You shall give for Answers, the Matters contained in the Propositions concerning Religion, and in the Votes and Resolutions passed both Houses in Pursuance of the same.

"To the Fifth:

"You shall give for Answers, the Matters contained in the Fourteenth Proposition; and the Trial of Persons excepted out of the General Pardon to be by both Houses of Parliament of England, and the Estates of the Parliament of Scotland, respectively.

"To the Sixth:

"You shall Answer, That to His Majesty's Proposition for the Cessation of Arms, and a Free Trade, it shall be taken into Consideration in Time convenient.

"If the Houses of Parliament be satisfied in the good Progress of the Treaty upon the Propositions concerning Religion, the Militia, and for Ireland, they will give Time for the Treaty upon the Propositions by His Majesty."

Answer from the H. C.

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

That the House of Commons will send an Answer by Messengers of their own.

Mr. Love to be attached, for his Sermon preached at Uxbridge.

Ordered, &c. That Colonel Venn shall, upon Sight hereof, deliver Mr. Love into the Custody of the Gentleman Usher of this House, or his Deputy, to be brought up in Safety before the Lords in Parliament, to answer such Things as he stands charged with; and that the said Colonel do assist the said Gentleman Usher and his Deputy, in the Performance of this Order.

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

Upon reading the Petition of Mary Nicholson this Day in the House; "desiring to have the Fifth Part of her Husband's Estate allowed for her Maintenance, according to the Ordinance of Parliament, he being sequestered by a Judgement of this House, dated the 29th April, 1643; and Daniell Joyner, the now Incumbent, put then into his Parsonage of Stapleford Tawney, in the County of Essex, who hath received the Profits thereof ever since:"It is Ordered, by the Lords in Parliament assembled (who conceive it most just that she should be relieved according to the said Ordinance), That the said Petitioner be specially recommended to the Committee of Lords and Commons for Sequestrations, to have the Fifth Part of her Husband's Estate, together with the Arrearages, after the said Proportion, since the Time of the said Sequestration, according to the said Ordinance of Parliament.

Cropley's Suit against Sir Ed. Leech, in The Petty Bag, stayed.

Whereas Complaint was this Day made unto this House, "That Sir Edward Leech Knight, One of the Masters of the Chancery, an Assistant of this House, is sued in The Petty Bagg, by one Edward Cropley, upon a Bond of Two Thousand Pounds, for Payment of One Thousand Forty Pounds, which is affirmed to be the proper Debt of the Right Honourable the Earl of Leicester:" It is Ordered, That the said Cropley, and his Attornies and Solicitors, do stay all further Proceedings in the said Suit, until the Pleasure of this House be further signified.