House of Lords Journal Volume 7: 15 August 1645

DIE Veneris, 15 die Augusti.

PRAYERS, by Mr. Byfield.

Ds. Grey de Warke, Speaker.

Count. of Peterborough, a Pass.

Ordered, That the Countess of Peterburgh, having come out of the King's Quarters, and hath taken the Oath, shall have a Pass, to go to her Mother, in North'tonshire, at Billing, and remain there quietly, without being interrupted by a Committee, or any other Person.

Prince Elector to export Horses.

Ordered, That the Prince Elector shall have a Pass, to transport Three Geldings into Holland, to Prince Phillip his Brother: And it is further Ordered, That no more Liberty shall be granted by this House, to transport any more Horses or Geldings, for the Space of Three Months.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer from the House of Commons:

That they agree to the Proviso in the Ordinance for searching (fn. 1) for Papists: (Here enter it.) And they concur in making Mr. Onsley One of the Committees for the County of North'ton: To all the rest, they will send an Answer by Messengers of their own.

Royston, the Printer, released.

Upon reading the Petition of Richard Royston Printer, Prisoner in The (fn. 3) Fleet, by Order of this House: It is Ordered, That, upon giving good Security to this House for his good Behaviour, and that he shall not vent any Books that come from Oxford, nor keep any Correspondency for Oxford, then he is to be released.

Message from the H. C. for the Committee of both Kingdoms to give Commissions to Col. Rossiter's Officers;

A Message was brought from the House of Commons, by Sir Rob't Pye Knight;

To desire their Lordships Concurrence in these Particulars:

1. An Order, That the Members of both Houses, that are of the Committee of both Kingdoms, do grant Commissions to such Captains, and other Officers, as shall be appointed to command the Horse and Dragoons under Colonel Rossiter, which were lately raised in the Eastern Association, for the Service against Newarke, by the Committee for the said Association.

Agreed to.

for the Lord Lieut. of Hertford to grant Commissions;

2. Ordered, That the Lord Lieutenant of the County of Hertford shall have the like Power as the Lords Lieutenants in other the associated Counties have, for granting Commissions to Officers.

Agreed to.

and for a Conference, about the Election of Elders.

3. To desire a Conference, concerning the Ordinance touching the Election of Elders.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired: To the Two Orders, their Lordships do (fn. 2) agree.

Message to the H. C. to remind them of some Petitions sent down.

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

1. To put them in (fn. 1) Mind of the Petition concerning Sir Wm. Huddleston.

2. To put them in Mind of the Petition concerning Major Grey's Brother.

3. To desire Expedition in the Petition concerning Major Huncks.

The Earl of Northumb. reported these Particulars, from the Committee of both Kingdoms:

Letter from the Scots Commissioners with the Army in Herefordshire, that they had sent a Party into Northampton, and a Detachment after the King.

My Lords and Gentlemen,

"We have received your Letter of the First of August, and have, according to your Desire, sent a Party into Northampton; but must acquaint you, that we cannot conveniently hereafter, upon the like Occasions, send Parties so far from us; and do therefore desire that Order may be taken there for easing of so long Convoys.

"Upon Advertisements of the King's passing The Severne, and being the Length of Wulverhampton, we conceived it very necessary, for preventing further Inconveniencies, that a Party should be sent from this Army, to attend their Motions; wherefore the Lord General his Excellency hath issued his Orders accordingly, and there are now Eight Regiments of Horse, One Regiment of Dragoons, and Five Hundred Commanded Musketeers mounted upon their March, in Pursuit of these Forces. The rest of the Army are still in making their Approaches to this Place, which (fn. 4) are in a good Forwardness, whereof we are hopeful to give you a good Account shortly.

Signed, in the Name of the Committee of both Kingdoms, by

Your affectionate Friends and Servants,

From the Camp before Hereford, 11th Aug. 1645.

Lothian. John Corbett.

"For the Committee of both Kingdoms."

Letter from thence, concerning the Wants of their Army, and desiring Supplies.

A Letter to the Scotts Commissioners.

Right Honorable,

The publique Letter to the Comittee of both Kingdomes will acquainte you, that we have sent a Party of Horse and Dragoones after the King. The Gentlemen of Glamorganshire, Monmouthshire, and Brecknockshire, have sent some of their Number to the Generall, to assure us that they will rise in Armes for the Parliament. The Condition of our Army, as we have often represented, is extreame hard; the common Souldiers begin to be sicke, with eating of Fruite. We have now sent away almost all our Horse, soe that we want their Assistance to bring in Provisions; and therefore we desire you to use all possible Dilligence in hasting downe to us what Monies are come in to the Comittee of Gouldsmithes Hall; which if it shall not come in good Proportion, we are affrayd to thinke what shall be the Condition of this Army. We assure our selves of your Care herein, and that you will hasten to us more Ammunition. We have sent a Coppy of the Paper given in by us to the English Comissioners; and remaine

Your Lordships affectionat Freind,

From the League before Hereford, 12 Aug. 1645.

"Lothian, J. P. D."

Paper from the Scots Commissioners, about Peace.

Next, was read the Paper presented from the Scotch Commissioners, concerning Propositions for Peace.

(Here enter it.)

Ordered, That this Paper be communicated to the House of Commons, at a Conference.

Message to the H. C. about communicating it at a Conference.

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

To desire, at the next Conference, this House may communicate to them a Paper received this Day from the Scotch Commissioners.

Message from thence, with an Ordinance.

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

To desire Concurrence in an Ordinance for continuing the Ordinance of the Weekly Meal, for the Maintenance of the Brittish Forces in Ireland, &c. for Six Months after the Expiration of the former Ordinance.

(Here enter it.)

Read, and Agreed to.

Ordered, That this Ordinance be printed and published forthwith.

The Answer returned was:

Answer.

That this House agrees in this Ordinance.

Heads for the Conference about Propositions for a Peace.

The Matter of the next Conference is to be, "To desire the House of Commons, that the Bills to the King concerning Peace may be prepared and expedited with all convenient Speed; and that the Propositions may be referred to the Committee of both Kingdoms."

Mr. Cason to be sent to Algiers, for Redemption of Captives.

"It is Ordered, by the Lords and assembled in Parliament, That Edmond Cason Esquire be sent, as Agent, to Argier, with Ship and Goods prepared for the Redemption of the Captives in Argier and Tunnis, and renewing the ancient Peace with them: And it is further Ordered, That the Committees of the Admiralty and Navy do draw up Letters Credential, Commission, Instructions, and all other Documents fit for him, which the Speakers of both Houses are, upon Presentation of the same unto them, to subscribe, that so the Agent with all Speed be sent away."

Ordered, That the Concurrence of the House of Commons be desired.

Message to the H. C. about it;

A Message was sent to the House of Commons, by Serjeant Whitfie'd and Serjeant Fynch:

To desire their Concurrence in the Order for Mr. Edmond Cason to be sent Agent to Argier.

and with Sir R. Sharpie's Ordinance.

2. To desire Concurrence in the Ordinance concerning Sir Rob't Sharpie, &c.

Ordinance concerning the Directory, &c.

Ordered, That the Ordinance concerning the Directory, and the Petition of the Assembly, shall be the First Business taken into Consideration on Tuesday Morning next.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Rob't Harley:

To desire Concurrence in an Ordinance for Continuance of the Ordinance for One and Twenty Thousand Pounds per Mensem, for the Scotch Army, for Four Months longer. (Here enter it.)

Agreed to.

Capt. Awdley, for licensing Britannicus, to be released.

Upon reading the Petition of Captain Awdley, committed to The Gatehouse, for licensing Brittanicus: It is Ordered, That he shall be released from his Imprisonment; and that he appear before this House on Tuesday next, to receive the Admonition of this House, that he presume not to license any Books hereafter, as he will answer the contrary to this House at his Peril.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer from the House of Commons:

That they will receive, at the next Conference, what this House will communicate concerning the Scotch Paper; and that they have taken Order concerning the Exchange of Sir Wm. Huddleston: To the rest of the Particulars, they will send an Answer by Messengers of their own.

Col. Fielding, a Pass, to procure his Exchange.

Ordered, That Colonel Feilding shall have a Pass, to go into any of the King's Army, or Prince's Army, to procure his Exchange; and that he give his Word to the Speaker of this House, to return within Six Weeks, and render himself a true Prisoner, in case he cannot procure his Exchange; provided, that when he hath Occasion to go through any of the Parliament's Garrisons, that he gives Notice to the Governor thereof before-hand.

Answer from the H. C.

Mr. Serjeant Whitfield and Mr. Serjeant Fynch return with this Answer from the House of Commons:

That concerning the Order touching Argier, they do agree to it; to that concerning Sir Rob't Sharpy, they will send an Answer by Messengers of their own.

Paper from the Scots Commissioners, concerning Propositions for a Peace.

"Haveinge received from your Lordships some Votes of the Honnorable Houses, concerning the Propositions of Peace; and, after some Conference thereupon, beinge desired by your Lordships to give our Answere in Writing; wee hereby present our Thoughts, and doe offer it to your Lordships Consideration, whether it were not fitt to shun all Occasions of Delay, in sending the Propositions of Peace to the Kinge, least [ (fn. 5) thereby wee neglect] the Improvment of soe seasonable an Oppertunity of obtayning Peace, as wee have expressed in our former Papers; that, to this End, wee are most ready presently to concurre with the Hon norable Houses, for sendinge to His Majesty the Propositions, either all or some, as they have beene already agreed upon in the Parliaments of both Kingdomes, for Matter and Manner.

"That, untill wee understand what Propositions are intended by the Votes of the Houses to bee next sent, wee cannott give a cleere Answere concerning the Manner; that, if the Propositions presented at Uxbridge bee understood, with any other of those already agreed upon by both Kingdomes, which, upon mutuall Debate, shal bee judged most necessary for the Peace of both Kingdomes to bee now sent, wee shal bee ready to concurre with the Honnorable Houses, to desire a positive Answere thereof from His Majesty, without any Treaty.

"But in case any new Propositions of Peace bee thereby understood, or any materiall Additions to, or Alterations of, the former Propositions, wee shal bee necessitated to send those to the Kingdome of Scotland, to bee there considered and approved, as all the former were; and, as it is evident wee are not the Cause of this Delay, soe, that noe Prejudice may thereby arise to the Publique, wee desire in the Interim, that those already agreed upon by both Kingdomes (which at that Tyme were thought sufficient) may bee presented to His Majesty with all convenient Speede.

"Concerning the Third Resolve of the Houses, for presentinge their Desires by Bills to His Majesty; if the Meaninge bee to send the Propositions that are already agreed upon by the Parliaments of both Kingdomes, and to seeke the King's Majesty's positive Answere thereunto, and, together therewith, to present Bills conforme to those Propositions; although wee thinke it more safe and convenient for both Kingdomes that the Security of both should proceede Hand in Hand, and simul & semel bee perfected and consummated; yet, if the Honnorable Houses shall insist upon the sendinge of such Bills with the Propositions, wee are soe farre from giveinge any Occasion of Delay (whereof wee are by some unjustly blamed), that wee will bee ready to concurre; the Kingdome of England secureing us, as they did in the large Treaty, both in relation to the Kinge and in relation to themselves, as wee are bound to doe the like to them: And withall wee desire, that, if those Bills bee not ready, the sending of the Propositions may not bee delayed, the graunting whereof by His Majesty will bee an Ingagment, and make Way for His Assent unto the Bills. But, if the Meaning bee, to send Bills without sending the Propositions agreed upon by both Parliaments, or without desireing the King's Answere thereunto, then wee shal bee necessitated to knowe the Pleasure of the Parliament of Scotland concerning this new Way, before wee can joyne in it; and, in the meane Tyme, desire the Honnorable Houses to take into their serious Consideration, that the former Way agreed upon by both Kingdomes is layd aside, and that this new Way of sending Bills without Propositions was not thought necessary in any former Addresse to His Majesty for Peace; neither was it proposed to us, or comunicated to the Parliament of Scotland, which is now adjourned, soe that wee cannott comunicate the same unto them for the present: That (fn. 6) it is not in the Power of any Commissioners from a Parliament, to forme the Propositions in Bills or Acts of Parliament, and to desire the King's Rattification thereof, before such Bills or Acts bee knowne or agreed upon by the Parliament itselfe: That the Way of the Propositions, as they are conceived by both Parliaments, is a joynt Way, unitinge the Kingdomes in their Desires, tyeinge the King to both in His Graunts, and obligeinge both to see those performed and preserved, each in Favours of the other; and soe doth double the Security, both by Way of Lawe and Way of Covenant: Whereas the Way of Bills without the Propositions is a more divideinge Way, both of the Desires of the Kingdomes, of the King's Answers thereunto, and of their Obligations to see the same performed; and therefore a disjunctive Way was most earnestly pressed by the King's Commissioners at Uxbridge, as most conduceable to their Ends, and prejudiciall to ours, and for that Cause was opposed by the Commissioners of both Kingdomes.

"That, seeing the Parliament of Scotland is not presently sittinge, and did not knowe of this Way, and that wee cannott have Power to forme Acts of Parliament, this were to propose and setle the Peace of the One Kingdome without setlinge of the other, which, as it were contrary to the Covenant and to the Treaty, soe would it bee made Use of by our common Adversaryes, to bee the Occasion of ruining the Peace of both; and therefore wee rather desire that the Way already agreed upon by both Kingdomes may bee observed, as that which will occasion both least Delay and least Danger, especially seinge wee are willinge to crave a positive Answere to the Propositions without any Treaty; and for the Way of Security, wee desire that the Way soe solidely agreed upon by both Kingdomes for establishing the large Treaty, and inserted in the Begininge and Close of the Acts of Parliament of both Kingdomes in the Yeare of God 1641, may bee seariously considered, as contayninge a Threefold Security; the one, of ingrossing all the Propositions, and passing them by Way of a Lawe and Act of Parliament; the other, by Way of the King's Covenant and Oath to His People; the Third, by the Parliaments of both Kingdomes giveing their full Assurance, and makeinge Publique Faith, in Name of both Kingdomes respectively, for the true and faithfull Observance thereof; all which, upon the King's Graunt of the Propositions, may bee speedily dispatched, and securely setled (which is our cheifest Desire), for the Good of both Kingdomes.

"And it were earnestly to bee wished, in a Matter of soe tender a Nature as the Busines of Peace, wherein the mutuall Advise and Consent of both Kingdomes is necessarily required, that neither Kingdome should engage themselves without a previous Debate, especially in Alteration of any Thinge formerly agreed upon.

"By Commaund of the Commissioners for the Parliament of Scotland.

14 Aug. 1645.

"Jo. Cheisly."

Ordinance for the Weekly Assessment for the Army in Ireland to be continued for Six Months.

"Whereas the Lords and Commons in this present Parliament assembled have, by their Ordinance dated the Eighteenth Day of October, 1644, Ordained, That a Weekly Assessment should be had, made, and levied, through the Kingdom of England, and Dominion of Wales, for the Relief of the Brittish Armies in Ireland, to commence from the First Day of September then last past, and to continue for One whole Year, as by the said Ordinance more at large appeareth: Forasmuch now as the Wants and Necessities of those Armies do require further Supplies than can be raised by that Ordinance for that Time; be it hereby Ordained, by the said Lords and Commons, That the said Ordinance of the 18th Day of October, 1644, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for an Assessment, through the Kingdom of England, and Dominion of Wales, for the present Relief of the British Armies in Ireland," and every Clause and Article therein contained, shall, after the Time limited therein for Continuance thereof, be revived, and have Continuance for the Space of Six Months longer, to commence the First Day of November, 1645, and to end the last of April, 1646, with the Alterations, Limitations, and Provisos, herein after mentioned; that is to say, It is now Ordained and Declared, That Thomas Andrewes and William Berkly, Aldermen of the City of London, be hereby added to the Treasurers appointed by the before mentioned Ordinance of the 18th of October, 1644, who, together with them, as Treasurers, are also authorized to receive all such Monies as shall be brought in by virtue of that Ordinance, and of this present Ordinance, for these last Six Months hereby added; and to do all other Act and Acts, and receive all Allowances belonging to the Treasurers, in such Manner as in the said Ordinance is expressed; and those Treasurers shall, from Time to Time, issue out those Monies which shall be brought in for the Six Months hereby added, and in such Manner, and to such Persons, for the Service of Ireland, as the Committee of Lords and Commons, nominated in the Ordinance of Parliament of the First of July, 1645, for receiving, preparing, and considering of, Propositions for Ireland, shall, by their Orders or Warrants, (fn. 7) direct; who are hereby authorized to dispose thereof for the Service aforesaid, and accordingly to give Warrants and Orders for issuing of the same; and are hereby further authorized to engage the Credit of the said Ordinance, as to the Monies coming in thereupon, for these last Six Months added by this Ordinance, for Re-payment and Satisfaction to be made and given to any Persons that shall lend Money, or other necessary Provisions, for the Service of Ireland, with the usual Forbearance, after the Rate of Eight Pounds per Cent. for a Year, under such Cautions and Limitations as in the said Ordinance are expressed; their said Engagements not exceeding Thirty Thousand Pounds.

"And to the Intent the Houses of Parliament, or the Committee aforesaid, may, from Time to Time, readily receive Satisfaction, what Monies shall be brought in for the aforesaid Six Months hereby added: It is hereby Ordained (in regard that the Person formerly employed for keeping a Check upon the Receipts of the Treasurers is since disposed of for Service of great Concernment), That the Acquittances given by the Treasurers, for the several Sums of Money paid unto them, for the aforesaid Six Months hereby added, shall be brought unto Mr. William Hawkins, of Westm. who is to give his Attendance, by himself or his sufficient Deputy, in or near the Place where the Treasurers are appointed to receive those Monies, and there to enter the same, immediately after they are brought unto him, in a Book to be kept for that Purpose, and subscribe his Name unto them; and then the said Acquittances shall be a sufficient Discharge to the Parties that paid in those Sums of Money, and not otherwise; and the said Mr. William Hawkins is to receive, for his Labour and Attendance in this Service, the same Allowance that is set down and appointed by the Ordinance of the 18th of October, 1644.

"And be it further Ordained, That the several and respective Committees named in the aforesaid Ordinance, and every of them, and all Collectors, Receivers, and others employed for the bringing in of the said Assessment, and keeping the Accompt thereof, shall, from Time to Time, give a true and perfect Account of all their Doings and Proceedings, in the Execution of this and the former Ordinance of the 18th of October, 1644, for as much as concerneth the last Six Months hereby added, to the Houses of Parliament, or to the said Committee of Lords and Commons, of the 1 of July, 1645, who are hereby authorized to make and send forth their Warrants and Orders, and to send for Persons, and to use all other good Means for the better effecting of the Service in all Points necessary.

"Provided nevertheless, That all Arrearages, which shall be due and unlevied, for the Weekly Assessments, upon the said Ordinance of the 18th of October, 1644, for the Time of Continuance first limited therein, the same shall be levied, brought in, and paid to the Treasurers according to that Ordinance; and that the same shall be disposed and issued out, for the Discharge of the Orders and Contracts made with the Houses of Parliament, or the Committee of the Two Kingdoms, in Pursuance of the said Ordinance, notwithstanding this Ordinance, or any Thing therein contained to the contrary; and after such Contracts and Orders shall be satisfied, the Residue, if any be, to be disposed by the Committee of Lords and Commons of the First of July, 1645, before-mentioned.

"And it is further Ordered and Ordained, That, for the speedier Dispatch of the Affairs of Ireland, the said Committee of Lords and Commons be hereby authorized and required to sit de Die in Diem, to advise and direct the managing of the War of Ireland, and all Things thereunto belonging, in such Manner as shall be most for the Advantage of the Affairs both of England and Ireland.

"And whereas the Credit of the Excise standeth engaged, by Three Ordinances of Parliament of the Sixth Day of this Instant August, for the furnishing of Five Thousand Pounds, for the present Relief of Munster; videlicet, to Maximilian Bard, for Two Thousand Pounds; to Mr. John Parker, for Two Thousand Pounds; and to Mr. Thomas Browne, for One Thousand Pounds; with Interest for the same: It is hereby Ordained and Declared, That, for the discharging of those Engagements upon the Excise, and Payment of the Persons aforesaid as soon as may be, the Treasurers, appointed to receive the Monies to be raised by this Ordinance, for the Six Months hereby added, be authorized and required to pay in to the Commissioners of Excise, out of the First Monies to be brought in by this Ordinance, the said Five Thousand Pounds, together with such Interest, after the Rate of Eight Pounds per Cent. as shall be due for the same, to be forthwith paid over unto the said Mr. Maximilian Bard, Mr. John Parker, and Mr. Thomas Browne, respectively, in Discharge of the Monies so lent by them, and the Interest which shall be then grown due; and for their so doing, this shall be their Warrant and Discharge.

"And be it further Provided, by the aforesaid, That the Committee nominated in this Ordinance, or any Five of them, shall be a Committee, and shall have full Power and Authority, to put this Ordinance in full Execution, to all Intents and Purposes, except in Case of issuing out Monies, or engaging the Credit of this present Ordinance; and in every such Case the Committee to consist of Two Lords and Four Commoners at the least."

Ordinance to continue the One for raising 21,000 l. a Month, for the Scots Army, for 4 Months longer.

"Whereas, by an Ordinance of Parliament, bearing Date the 20th of February, 1644, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for the raising and levying of the Monthly Sum of One and Twenty Thousand Pounds, towards the Maintenance of the Scottish Army under the Command of the Earl of Leven, by a Monthly Assessment upon the several Counties, Cities, and Towns of the Kingdom of England, therein mentioned: It is Ordained, That there shall be several Sums of Money taxed, levied, and paid, towards the Maintenance of the said Army, by a Monthly Assessment upon the several Counties, Cities, and Towns therein mentioned, to continue for Four Months, beginning the First of March, 1644, and since expired: Be it Ordained, and it is now Ordained, by the Lords and Commons assembled in Parliament, That the said Ordinance, and every Clause therein contained, the several Taxes and Payments therein expressed, and the Power and Authority thereby given and appointed to all and every the Committees and Persons, or any of them, named or mentioned in the said Ordinance, shall be in Force, and continue, for the Space of Four Months longer, to begin from the First of July, 1645, to all Intents and Purposes as if the said Ordinance had been at first made to have Continuance for Eight Months from the First Day of March, 1644."

Ordinance to search for Papists, &c. within the the Lines.

"For the better enabling of the Committee for the Militia of the City of London to discharge their Duty, and put in Execution the several Ordinances of Parliament committed to their Care: It is Ordained, by the Lords and Commons in this present Parliament assembled, That John Langham Alderman, Richard Chambers Alderman, Francis Allen, Colonel Wilson, Alexander Jones, and John Bellamy, shall be, and are hereby, added to the said Committee: And it is further Ordained, That the Committee of the Militia of the City of London shall have Power, and is hereby authorized, by themselves or such as they shall appoint, within the Extents and Limits of their Authority, to search for Papists, or other Persons, that came from the King's Quarters, or cannot give a good Account of their Business or Abode within the Limits aforesaid, or that have or shall discover their ill Affection to the Parliament; and also to search for Arms, Ammunition, and Materials for War, in the Custody of such Persons; and to do and execute all Power and Authority given unto them for that End and Purpose, in an Ordinance of both Houses, of the 27th of February, 1644, during such Time as the said Ordinance shall continue in Force: Provided always, That this Ordinance, or any Clause or Thing therein contained, shall not extend to the Lords of Parliament, or Peers of this Realm, within the Parliament's Quarters, or to the Members of the House of Commons, or Assistants, Officers, or Attendants, of either of the Houses of Parliament respectively."

Adjourn.

House adjourned till 9^a Tuesday next.