Die Martis, 28 die Januarii.
PRAYERS, by Mr. Hodges.
Ds. Grey de Warke, Speaker.
|
L. General.
L. Admiral.
Comes Rutland.
Comes Pembrooke.
Comes Northumb.
Comes Sarum.
Comes Nottingham.
Comes Manchester.
Comes Stamford.
Comes Suffolke.
Comes Kent.
Comes Bolingbrooke.
Comes Denbigh. |
Ds. North.
Ds. Wharton.
Ds. Howard.
Ds. Willoughby.
Ds. Mountague.
Ds. Bruce. |
Letter from the King's General, acknowledging the Receipt of the Pass for the Commissioners for the Treaty.
The Lord General acquainted this House, "That he
hath received a Letter, by Sir Peter Killegrew, from
the General of the King's Army;" which was read,
as followeth:
"My Lord,
"I have received, by Sir Peter Killegrew, the safe
Conduct which your Lordship sent. The Lords and
others, appointed by His Majesty for the Treaty,
will not fail to be at the Time and Place agreed upon.
I remain
Oxford, this 26th of January, 1644.
"Your Lordship's Servant,
Rupert.
"For the Earl of Essex, General."
Ordered, That this Letter be communicated to the
House of Commons.
De La Salle's Cause to be heard.
The Lord Admiral reported, "That the Committee
of Lords and Commons appointed to consider of the
Papers presented from the French Resident: And
their Opinion is, That the Business be heard on Saturday next, before the said Committee; and that,
in the mean Time, both Houses of Parliament be
moved, to grant Order for Stop of all Proceedings
upon the Statute of Bankrupt against La Salle; and
that he enjoy the Benefit of such Letters as come directed to him from Parts beyond the Seas."
Ordered, That this be communicated to the House
of Commons, and their Concurrence desired herein.
Papers concerning the Treaty.
The Earl of Northumb. reported Two Papers from
the Committee of both Kingdoms:
1. A Draught of a Commission, to give Power to
the Commissioners to treat with the King's Commissioners.
Agreed to.
2. (fn. *) A Draught of Instructions, what Answer to give
to the King's last Propositions.
Read, and Agreed to.
Ordered, To communicate these Papers to the
House of Commons.
Petition of the East India Company, that Mucknell had carried One of their Ships into Bristol.
A Petition of the Governor and Company of Merchants of London, trading into The East Indies; shewing, "That, in April last, they employed one John
Mucknell to be Master and Commander of the Ship
called The John, bound for The East India; but the
said Mucknell, in August last, carried the said Ship and
all her Lading into Bristoll, where (fn. †) she remaineth
in the Custody of Sir John Pennington; therefore
they humbly pray, that Two Members of their own
Society (fn. ‡) may address themselves, by Petition, to His
Majesty, for Recovery of their said Ship and Goods."
Message to the H. C. about De La Salle's Business, and with the Papers concerning the Treaty.
A Message was sent to the House of Commons, by
Sir Edward Leech † and Doctor Heath:
To desire their Concurrence in the Paper concerning
the French Merchant De La Salles.
2. To communicate unto them the Letter received
from the General of the King's Army.
3. To communicate to them the Draught to give
Power to the Commissioners to treat with the King's
Commissioners.
4. To deliver to them the Instructions, what Answer
to give to the King's last Propositions.
The Answer returned was:
Answer.
That the House of Commons agrees in the Order
concerning Monsieur De La Salles; to the rest of the
Particulars, they will send an Answer by Messengers of
their own.
Message from the H. C. about the Papers concerning the Treaty.
A Message was brought from the House of Commons, by Sir John Evelyn Knight:
To let their Lordships know, that they have considered of the Instructions to be given to the Commissioners of both Kingdoms that are to treat with the
King's Commissioners; and they have agreed to it, with
One Alteration; videlicet, "That the Propositions concerning Religion, the Militia, and Ireland, shall be
treated upon Three Days a-piece (alternis vicibus)
during the Space of Twenty Days, beginning First
with the Propositions of Religion."
The House taking this Message into Consideration;
it was Resolved, upon the Question, That this House
doth not agree to the Alteration as now came from the
House of Commons.
Ordered, That this House adheres and agrees to the
Instructions, as they came from the Committee of both
Kingdoms, and as it was sent down to the House of
Commons.
Message from the H. C. with an Ordinance for the Army to be under the Command of Sir Thomas Fairfax.
A Message was brought from the House of Commons,
by Mr. Lisle, &c. who said, "He was commanded
to deliver to their Lordships an Ordinance, intituled, "An Ordinance for raising and maintaining of
Forces, for the Defence of the Kingdom, under the
Command of Sir Thomas Fairefaix;" which Ordinance
was unanimously agreed to by the House of Commons: And they look upon it as a Thing as concerns
the Safety of the Kingdom; therefore desire their
Lordships Concurrence therein, with as much Speed
as conveniently may be."
The Answer returned was:
Answer.
That this House will take this Message into Consideration, and send an Answer by Messengers of their own.
Message from the H. C. with Instructions to the Commissioners for the Treaty.
A Message was brought from the House of Commons, by Mr. Wallop:
To desire their Lordships Concurrence in the Instructions to be given to the Commissioners of both
Kingdoms to treat with the King's Commissioners.
(Here enter them.)
Read, and Agreed to.
The Answer returned was:
Answer.
That this House agrees to the Instructions now
brought up.
Message from the H. C. to fit P. M.
A Message was brought from the House of Commons,
by Sir Walter Erle Knight, &c. which consisted of
many Particulars:
1. To let their Lordships know, that the House of
Commons intends to sit this Afternoon, at Two of the
Clock; and desire their Lordships would please to sit
likewise, if it may stand with their Lordships Conveniency, in regard of the great Affairs of the Kingdom.
and with Ordinances, &c.
2. To desire Concurrence in an Ordinance concerning
the Captives of Algiers.
3. An Ordinance for Mr. Chandler and others, that
lent Monies in Ireland to the Parliament's Commissioners
there, to be paid by the Committee of Accompts.
4. An Ordinance for paying Arrears to Owners of
Ships in Service for the State.
5. An Ordinance for taking off the Sequestration of
Sir Francis Carewe's Estate.
6. An Order for adding more Persons to the Committee for Cardiganshire.
The Answer returned was:
Answer.
That this House intends to sit this Afternoon, at Two
a Clock; to all the rest of the Particulars, this House
will send an Answer by Messengers of their own.
Message from the H. C. with a Vote about dividing the People into Congregations.
A Message was brought from the House of Commons, by Mr. Tate:
To desire their Lordships Concurrence in the Vote
following; videlicet,
"That the ordinary Way of dividing Christians into
distinct Congregations, and most expedient for Edification, is by the respective Bounds of their Dwellings."
Agreed to.
The Answer returned was:
Answer.
That this House agrees to this Vote now brought up.
Earl of Denbigh against Captain Stone & al.
The Earl of Denbigh presented to this House Three
Articles more, to be added to the former Articles
against some of the Committee of the County of Stafford.
Earl of Pembrooke's Goods at Rughford, not to be molested:
Ordered, That the Goods of the Earl of Pembrooke's,
in the House of Sir Wm. Savill, at Rughford, in the
County of Nottingham, shall remain and continue as
they are, without being seized or removed by any Persons whatsoever, they being the proper Goods of the
Earl of Pembrooke.
Message to the H. C. about the Instructions.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Doctor Heath:
To let them know, that this House adheres to the
Instructions as they came from the Committee of both
Kingdoms, and as they were sent down from thence to
the House of Commons.
Ordinance impowering the Commissioners of both Houses to treat with the King's Commissioners, at Uxbridge.
Be it Ordained, by the Lords and Commons assembled in Parliament, That Algernone Earl of Northumberland, Phillip Earl of Pembroke and Mountgomery,
William Earl of Salisbury, Bazill Earl of Denbigh,
Thomas Lord Viscount Wenman, Denzill Hollis, William Pierepoint, Sir Henry Vane Junior, Oliver St.
John, Bulstrode Whittlocke, John Crew, and Edmond
Prideaux, shall have Power and Authority, and are
hereby authorized, to join with the Commissioners
of the Parliament of Scotland, together with Alexander Henderson upon the Propositions concerning Religion only, to treat with the Lord Duke of Richmond, the Marquis of Hertford, the Earl of South'ton, the Earl of Kingston, the Lord Dunsmore, Lord
Capell, Lord Seymour, Sir Christopher Hatton, Sir
John Culpepper, Sir Edward Nicholas, Sir Edward
Hide, Sir Richard Lane, Sir Orlando Bridgeman, Sir
Thomas Gardiner, Mr. John Ashburnham, and Mr.
Jeffery Palmer, or any Ten of them, upon the Propositions formerly sent to his Majesty (for a safe and
well-grounded Peace), from his Majesty's humble and
loyal Subjects assembled in the Parliaments of both
Kingdoms, together with Doctor Stewart upon the
Propositions concerning Religion only and upon His
Majesty's Propositions, according to such Instructions
as have been given to them, or as they from Time to
Time shall receive from both Houses of Parliament."
Adjourn.
House adjourned till 3a post meridiem.
Post meridiem.
Ds. Grey de Warke, Speaker.
|
L. Admiral.
Comes Kent.
Comes Northumb.
Comes Pembrooke.
Comes Rutland.
Comes Bolingbrooke.
Comes Nottingham.
Comes Manchester.
L. General.
Comes Sarum.
Comes Stamford.
Comes Denbigh. |
Ds. North.
Ds. Howard.
Ds. Dacres.
Ds. Mountague.
Ds. Wharton.
Ds. Bruce. |
Answer from the H. C.
Sir Edw. Leech and Mr. Page returned with this
Answer:
That they have delivered their Message.
Message from the H. C. for a Conference, about the Instructions to the Commissioners.
A Message was brought from the House of Commons, by Sir Dudley North:
To desire a Conference, concerning the Matter of
the last Message, concerning the Instructions.
The Answer returned was:
Answer.
That their Lordships will give a present Conference,
in the Painted Chamber, as is desired.
The Earl of Manchester was appointed to report the
Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference.
The Earl of Manchester reported the Effect of the
Conference; which was, "That they having received
a Message, that their Lordships do adhere to the Instructions as they were sent down to them; but they
cannot give any Answer therein, because they are
not possessed of the Papers; and further, they conceive it not usual to send a positive Answer of Adherence with Reasons given."
Hereupon this House Resolved, To have a Conference with the House of Commons; and deliver to them
the Papers, with Reasons.
Committee to prepare Heads for a further Conference on this Subject.
And the Earl of Manchester, the Lord Admiral, and
the Lord Howard, were appointed to prepare and
draw up some Reasons, to be offered to the House of
Commons.
Committee for Cardigan, &c.
"Ordered, by the Lords and Commons in Parliament assembled, That James Lewis of Cardigan
Esquire, David Lewis of Gyrnos, Tho. Evans, Thomas
Lloyd of Guernvilig, and John Lloyd of Veyrdre, Gentlemen, be added to the Committees of Cardiganshire,
Pembrookeshire, and Carmarthenshire."
Jhannes's Petition.
Upon reading the Petition of W'm Jhannes: It is
Ordered, That it be referred to Mr. Justice Reeves
and Mr. Justice Bacon, to certify to this House, whether the Petitioner's Business is determinable in any
other Court or not.
Message to the H. C. for a Conference, about the Instructions.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To desire a present Free Conference, concerning the
Matter of the late Conference.
Heads for it.
The Earl of Manchester reported what the Committee
had prepared for the Conference; which was, "That
this House desires it may appear to the World, that
principal Care is to see the Matters of Religion, if it
(fn. *) is possible, to be agreed on in the First Place. The
Lords conceive, that, by a joint Consent of both
Houses, and the Commissioners of Scotland, they
have already agreed that the Matters of Religion shall
be in the First Place treated and agreed upon; and
that this Way cannot be altered without the like joint
Consent of the Commissioners of Scotland."
This being read, it was Ordered to be delivered to
the House of Commons at the Conference.
Ordinance concerning the Captives at Algiers.
The Ordinance concerning the Captives of Algier was
read Thrice, and Agreed to. (Here enter it.)
The Answer returned was:
Answer from the H. C.
That the House of Commons will give a present Free
Conference, as is desired.
The House was adjourned during Pleasure, and the
Lords went to the Free Conference with the House of
Commons; which being ended, the House was resumed,
And the House taking this Business into Consideration;
Mr. Griffith's Business.
Ordered, That the Earl of Manchester, Lord
North, and the Lord Howard, are hereby (fn. *) added to
the Committee concerning Mr. Griffith's Business;
and to desire the House of Commons that they would
(fn. *) add a proportionable Number of their House.
Message from the H. C for a further Conference about the Instructions.
A Message was brought from the House of Commons,
by Sir Rob't Harley Knight:
To desire a Free Conference, so soon as it may stand
with their Lordships Conveniency, touching the Matter
of the late Conference.
The Answer returned was:
Answer.
That this House will give a present Free Conference,
in the Painted Chamber, as is desired.
Goods in Dorset House, inhabited by the Earl of Rutland, not to be molested.
"The Lords, being informed that some few Goods
in Dorsett House, (fn. †) which are enjoyed by the Earl of
Rutland, together with the said House, are threatened
to be taken away by the Sequestrators of London,
do Order, That the Consideration of this Matter be
referred unto the Committee of Lords and Commons
for Sequestrations; and that the Earl of Rutland,
undertaking to be responsible for the said Goods, and
having suffered much for his Fidelity to, and Attendance on, the Parliament, might be permitted to enjoy
the same, until the Pleasure of both Houses be signified to the contrary."
Ordered, That the Concurrence of the House of
Commons be desired herein.
Message to the H. C to concur in it; and about Mr. Griffith's Business.
A Message was sent to the House of Commons, by
Sir Edw. Leech and Mr. Page:
To desire their Concurrence in the Order concerning
the Goods at Dorsett House.
2. To let them know, this House hath added
Three Lords to be of the Committee touching Mr.
Griffith, and desire them to add a proportionable
Number.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference, concerning the Instructions to the Commissioners for the Treaty.
It was reported, "That the House of Commons
adhered to their Vote."
And the House took the Business in (fn. ‡) Consideration,
and agreed with the House of Commons in the Alteration
made by them: And the House of Commons was to be made
acquainted herewith; and to be desired that they would
join, in sending some of their Members, with Two
Lords, to acquaint the Scotts Commissioners herewith.
The House was adjourned during Pleasure; and the
Lords went into the Painted Chamber, to signify so
much to the House of Commons.
The House was resumed.
Scots Commissioners to be acquainted with them.
Ordered, That the Lord Admiral, (fn. *) and Earl of
Northumb. are to carry the Papers to the Scotts Commissioners, and acquaint them with the Resolutions of
both Houses concerning the Instructions.
Message from the H. C. for the Commissioners to go to Uxbridge.
A Message was brought from the House of Commons,
by Mr. Reynolds:
To let their Lordships know, that they have appointed their Members that are the Commissioners to set
forth To-morrow, so as they may be at Uxbridg Tomorrow at Night; and desire that their Lordships
would appoint the Members of this House, that are
Commissioners, to do the like, if their Lordships shall
think fit.
Ordered, That this House appoints their Members
that are Commissioners to set forth, so as they may be
at Uxbridge To-morrow Night.
The Answer returned was:
Answer.
That this House hath appointed their Commissioners
to be at Uxbridge To-morrow at Night.
Scots Commissioners to be acquainted with it.
Ordered, That the Lord Wharton is hereby appointed to acquaint the Scotts Commissioners, that this
House hath appointed their Members that are Commissioners to be at Uxbridge To-morrow at Night.
Lord Purbeck to be with the E. of Denbigh.
Ordered, That the Lord Viscount Purbecke shall be
removed from Burligh on the Hill, and shall remain with
the Earl of Denbigh.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
That they agree to the adding of Three Lords, to be
of the Committee for Mr. Griffith's Business, and have
nominated a proportionable Number of their House; as
concerning the Order concerning Goods in Dorsett House,
they will send an Answer by Messengers of their own.
Goods in Dorset House, in the Earl of Rutland's Possession, not to be molested.
Ordered, That the Committee of Sequestrations
shall forbear to seize, or take away, any Goods out of
Dorsett House, being in the Possession of the Earl of Rutland, until the Pleasure of this House is further signified.
Instructions for the Commissioners for the Treaty, communicated to the Scots Commissioners.
The Lord Admiral reported, "That the Committee
hath acqualnted the Scotts Commissioners with the Resolutions of both Houses, concerning the Alterations
in the Instructions; and they have offered to their
Lordships Consideration an Addition to it, (videlicet,)
That the Propositions concerning Religion, the Militia, and Ireland, shall be treated upon Three Days apiece (alternis vicibus), during the Space of Twenty
Days, beginning First with the Propositions of Religion; which, as it is of most Excellency, so it is
to be sought after, and agreed upon, in the First Place,
before any of the other Propositions be agreed upon."
Message from the H. C. that they adhere to them; as sent from them; and to satisfy the Scots Commissioners about it.
A Message was brought from the House of Commons,
by Mr. Henningham:
To let their Lordships know, that they adhere to the
Instructions, as they were agreed upon by both Houses,
without any Alterations from the Scottish Commissioners,
and desire their Lordships Concurrence therein; and
that some Lords of the Committees of both Kingdoms may
be sent, and they will send with (fn. *) them some Members of
the House of Commons, to acquaint the Scotts Commissioners therewith, and to satisfy them in it; and that
their Lordships will be pleased to sit until they return.
The Answer returned was:
Answer.
That their Lordships will sit a while, as they desired;
to the other Part of the Message, their Lordships will
send an Answer by Messengers of their own.
Message to the H. C. about satisfying the Scots Commissioners, concerning the Instructions for the Treaty.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To let them know, that the Lords do agree unto the
sending some of their Committees of the Committee of
both Kingdoms, so join with those of the House of Commons, to endeavour to satisfy the Commissioners of Scotland in that Vote which both Houses have agreed unto.
Scots Commissioners desire Time, to deliver their Answer about them.
The Lord Admiral reported, "That the Commissioners
of Scotland desire Time until To-morrow Morning, at
Eight a Clock, to return their Answer."
Hereupon this House Ordered, To sit To-morrow
Morning, at Eight of the Clock.
Message to the H. C. to sit Tomorrow Morning.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To let them (fn. *) know, that this House intends to sit Tomorrow Morning, at Eight a Clock; and to desire that
they would sit likewise, if it may stand with their Conveniency.
Ordinance to continue the Duty for Relief of the Captives at Algiers.
"Whereas, by an Act made this present Parliament,
intituled, "An Act for the Relief of the Captives
taken by the Turkish, Moorish, and other Pirates, and
to prevent the Taking of others in Time to come,"
a Subsidy of One per Cent. was imposed, on all Goods,
Wares, and Merchandize, of what Nature, Kind, of
Quality whatsoever, to be exported out of, or imported into, this Kingdom of England, and Dominion
of Wales; which Subsidy, or Imposition, was to continue by the said Act during the Space of Three
Years, expiring this Tenth of December, 1644; and
whereas the Lords and Commons, by their Ordinance
of the 24th of October, 1644, for the carrying on that
so pious a Work, the releasing of the said distressed
Captives, and withall having respect to the Encouragement of Merchants in their Trade, did thereby
Declare and Order, That only One Fourth Part of the
Monies due on the several Bonds taken and due by
the said Act, that is to say, One Fourth Part of the
One per Cent. which is One Shilling in every Twenty
Shillings paid for Custom and Subsidy, according to
the now Book of Rates established by Authority of
this present Parliament, (fn. *) should be paid by the several Merchants so indebted; and to continue the
Payment of the said Fourth Part of One per Cent. as
before, upon all Goods and Merchandize exported and
imported, unto the Expiration of the said Act.
"Now the said Lords and Commons, finding the said
Work will require far greater Sums of Money than
could be raised, by virtue of the said former Act and
Ordinance, during the Time therein limited, by the
said One Fourth Part, do Order and Ordain, That the
said Ordinance of the 24th of October, 1644, concerning the collecting of the said Duty, and Imposition
of One Fourth Part of One per Cent. which is One
Shilling in every Twenty Shillings paid for Custom
and Subsidy, according to the now Book of Rates established by Authority of this present Parliament, upon
all Goods and Merchandize exported or imported into
this Kingdom of England, Dominion of Wales, and
Port and Town of Berwicke, shall stand and continue
in full Force and Power, from the said Tenth of December, 1644, inclusive, unto the 11th of December,
1645; and that the Chamberlain of the City of London for the Time being, his Deputy or Deputies, be
hereby appointed Collectors, who are hereby enabled
to receive all such Sums of Money as shall hereafter,
during the Continuance of this Ordinance, be payable
or paid, for and in respect of the said Duty, who are
hereby required to attend, at the several Custom-houses
in the Port of London and Out Ports, at the usual Hours,
between Nine and Twelve in the Morning, to receive
the same, and to take such further Course for Dispatch of the Service, as he or they in their Wisdoms
shall think fit: And it is further Ordained, That all
such Sums of Money, as shall be collected and received for the said Duty aforesaid, shall from Time
to Time be issued, employed, disposed, and paid, by
the said Chamberlain, for and towards the Redemption of the said distressed Captives, in such Manner
as by the Lord Admiral for the Time being, and the
Committee for the Navy of the Commons House of
Parliament, or, in the Absence of the Lord Admiral,
by the Committee of the Navy, shall be ordered and
directed, whose Order from Time to Time shall be
his sufficient Discharge: And that the said Duty may
be duly collected and paid, according to the true Intent and Meaning of this Ordinance, it is Ordained,
That no Officer or Officers, belonging to any Customhouse, in the Kingdom of England, Dominion of Wales,
and Town of Berwicke, do pass any Warrant Cocket,
or permit any Goods to pass by any Warrant Cocket,
unless the same be signed or subscribed by the Chamberlain of London, his Deputy or Deputies: And for
the better Encouragement of the said Chamberlain,
the Lords and Commons do Ordain, That whatsoever
Act or Acts the said Chamberlain, his Deputy, Deputies, or any One of them, shall do in the Execution of
this Ordinance, and whatsoever Money they shall receive and issue out by virtue of the same, they, their
Heirs, Executors, and Administrators, shall be acquitted, discharged, and saved harmless, by the Power
and Authority of both Houses of Parliament; provided, that the said Duty be not demanded or levied
of the Merchant Strangers trading upon the Composition Trade at Dover; provided also, and it is the true
Intent and Meaning of this Ordinance, that no Merchant Stranger whatsoever, as to this Duty, do pay
any more than the Merchant Denizen doth; and likewise, that as touching the Duty hereby imposed, there
be no Deduction or Defalcation of Fifteen Pounds
per Cent.; any Thing contained in this Ordinance to
the contrary in any Wise notwithstanding.
Ordinance to clear Sir Francis Carew of his Delinquency.
"Whereas Sir Francis Carew Knight hath been
lately fined at the Sum of One Thousand Pounds, for
his Delinquency to the Parliament; in Submission
whereunto, the said Sir Francis Carew hath paid the
Moiety of the said One Thousand Pounds, and given
Security for the Payment of the other Moiety, to the
Content of the Committee at Goldsmiths Hall, to whom
the Care of levying the said Monies is referred: We,
therefore, the Lords and Commons assembled in Parliament, do hereby Order, Ordain, and Declare, That
the said Sir Francis Carew is hereby discharged from
his Delinquency; and that the Estate of the said Sir
Francis Carew, now under Sequestration, is, and shall
be hereby, free to him the said Sir Francis, and the
Sequestration taken off and discharged; and he to receive his Michaelmas Rents unreceived by the State,
not exceeding One Hundred and Fifty Pounds; and
the Committees and Sequestrators, or others whom it
may concern, are to take Notice hereof, and to perform ready Obedience hereunto."
Adjourn.
House adjourned till 8a cras.