DIE Lunæ, 19 die Januarii.
PRAYERS, by Dr. Wincupp.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Letter from Sir T. Glemham, with One from the King.
The Speaker acquainted the House, "That he had
received a Letter, brought him by a Trumpeter:
For the Right Honourable the Speaker of the
House of Peers pro Tempore.
"I am commanded by His Majesty to send your Lordship His Letter here inclosed to both Houses of Parliament, which I am to pray your Lordship to deliver (fn. *) according to the Directions; and so I rest,
Your Lordship's humble Servant,
Oxford, this 17th of January, 1645.
King's Letter, desiring a positive Answer to His Request for a Personal Treaty at Westm.
"His Majesty thinks not fit now to answer those
Aspersions which are returned as Arguments for His
Not-admittance to Westm. for a Personal Treaty, because it would enforce a Stile not suitable to His
End; it being the Peace of His miserable Kingdoms:
Yet thus much He cannot but say to those who have
sent Him this Answer, That if they had considered
what they have done themselves (in occasioning
the shedding of so much innocent Blood, by withdrawing themselves from their Duty to Him; in a
Time when He had granted so much to His Subjects, and in violating the known Laws of the Kingdom, to draw an exorbitant Power to themselves
over their Fellow Subjects (to say no more) to do
as they have done); they could not have given such
a false Character of His Majesty's Actions. Wherefore His Majesty must now remember them, that,
having some Hours before His receiving of their
last Paper of the 13th of January, sent another
Message to them of the 15th, wherein, by divers Particulars, He enlarges Himself, to shew the Reality for
His Endeavours for Peace, by His desired Personal
Treaty (which He still conceives to be the likeliest
Way to attain that blessed End); He thinks fit by
this Message to call for an Answer to that, and indeed
to all His former; for certainly no rational Man can
think their last Paper can be any Answer to His former Demands; the Scope of it being, That, because
there is a War, therefore there should be no Treaty
for Peace, and is impossible to expect that the Propositions mentioned should be the Ground of a lasting
Peace; when the Persons that send them will not
endure to hear their own King speak: But whatever
the Success hath been of His Majesty's former Messages, or how small soever His Hopes are of a better,
considering the high Strain of those who deal with
His Majesty; yet He will neither want Fatherly
Bowels to His Subjects in general, nor will He forget
that God hath appointed Him for their King with
whom He treats: Wherefore He now demands a
speedy Answer to His last and former Messages.
"Given at the Court at Oxford, this 17th of January, 1645.
For the Speaker of the House of Peers pro
Tempore; to be communicated to the Two
Houses of Parliament at Westm. and the
Commissioners of the Parliament of Scotland.
"For the Speaker of the House of Peers pro
Ordered, That this Letter be communicated to the
House of Commons; and that the Members of this
House that are of the Committee of both Kingdoms
do communicate it to the Commissioners of the Kingdom
Message to the H. C. with it.
A Message was sent to the House of Commons, by
Sir Edw. Leech and Mr. Page:
To deliver the King's Letter to the House of Commons.
Answer from thence.
The Answer returned by Doctor Aylett and Doctor
They agree to the Alterations in the Ordinance for
pressing of Soldiers, and concerning the Militia of London: (Here enter them.) To all the rest, they will send
an Answer by Messengers of their own.
Ordinances, &c. for Concurrence.
Next, the Ordinance to pay to Serjeant Major Peter
Baxter Two Hundred Pounds, was read, and Agreed to.
(Here enter it.)
The Order for paying Two Thousand Five Hundred
Pounds to Colonel Points, was read, and Agreed to.
(Here enter it.)
The Ordinance for Interest to be paid for the Fifteen
Hundred Pounds, charged upon the Excise, for the Welch
Drovers, was read, and Agreed to. (Here enter it.)
The Order for paying One Hundred Pounds to Mr.
Bedford, was read, and Agreed to. (Here enter it.)
The Ordinance for Five Hundred Pounds to be paid,
out of the Excise, for Windsor, was read, and Agreed to.
(Here enter it.)
Ordinance for Mrs. Fiatt to have 100£. out of Sir P. Carteret's Estate.
The Ordinance for Mrs. Mary Fiatt to have One
Hundred Pounds, out of Sir Philip Carterett's Estate, in
the Isle of Sarke, was read, and committed to these Lords
Ordered, That nothing be done in this Business,
until the Committee have reported the same to this
Hill and Pennoyer's Ordinance.
The Ordinance concerning Mr. Hill and Pennoyer, was
read, and committed to these Lords following.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this
Answer from the House of Commons:
That they have (fn. *) delivered the King's Letter to them.
Message from thence, for an Answer to be prepared to the King's Two last Letters;
A Message was brought from the House of Commons,
by Sir Henry Mildmay Knight, &c.
1. To desire their Lordships Concurrence, that it may
be referred to the Committee of both Kingdoms, to
consider of the King's Two last Letters; and that an
Answer to them may (fn. †) be drawn up, with the Advice of
the Commissioners of the Parliament of Scotland for
the Vindication of the Proceedings of both Parliaments.
to expedite the Propositions;
2. To desire their Lordships would give Expedition in
perfecting the Propositions to be sent to the King, for
Peace; that so they may be entirely communicated to the
Commissioners of Scotland.
and about Montrel's Pass to Oxford and Scotland.
3. They have received Information, that the French
Agent for Scotland desires a Pass from the Houses to go
to Oxford, and so into Scotland, and return to London;
which they desire may not be given to him, nor any
Foreign Minister, without a Pass be granted from both
Houses; and that the Copy of the King's Pass to Montrell be communicated to the Scotts Commissioners.
No Foreign Minister to have a Pass to Oxford, but from both Houses.
Agreed to; and Ordered, That no Pass be granted
to any Foreign Agent, to go into the King's Quarters,
without the Consent of both Houses.
The Answer returned was:
Answer to the H. C.
That this House concurs in referring the drawing of
an Answer to the King's Two last Letters, with the
Advice of the Scotts Commissioners, for vindicating the
Proceedings of the Parliaments of both Kingdoms: That
this House agrees, that no Pass be granted to any Foreign
Agent, into the King's Quarters, without the Consent of
both Houses; and that the Copy of the King's Pass be
communicated to the Scotts Commissioners: And touching the Expedition in the Propositions, this House will
take them into Consideration.
Ordinance for Nisbett to be Minister of Kirklington.
The Ordinance for making Mr. Phillip Nisbett to
be Minister of Kirklington, was reported, and read the
Third Time, and Agreed to; and Ordered to be sent
to the House of Commons, for their Concurrence.
Colonel Poyntz to make Enquiry about Mr. Park's Death, said to be murdered by Hardy.
"Ordered, That a Letter be written, from this
House, to Colonel Poynts, that he cause a Council of
War to examine the Death of John Parke, of
Millthorpe, in the County of Westm.; he being
killed, as this House is informed, by Roger Hardy,
of Colonel Briggs's Regiment, upon the March of
the Forces of the Parliament against the Lord Digby,
when he passed those Parts towards Scotland."
Order for 200l. to Serjeant Major Baxter.
"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and
Commons for Advance of Monies at Habberdashers
(fn. *) do pay unto Serjeant Major Peter Baxter,
Captain of Hurst Castle, upon Accompt, Two Hundred Pounds, to be deducted out of the Arrears due
unto him upon his Entertainment."
Order for 2500l. for Colonel Poyntz's Forces.
"Whereas, by Ordinance of the 7th of October
last, Five Thousand Pounds, with Interest, was charged
in Course, on the Receipts of the Excise, by Ordinance
of the 11th of September, 1643, for the Service of
the Forces under the Command of General Sydenham
Poynts; Two Thousand Five Hundred Pounds whereof
the Commissioners of Excise have already advanced
and lent: Be it Ordained, by the Lords and Commons
assembled in Parliament, for the better Supply of the
said Forces, That if any other well-affected Person
or Persons shall advance and lend the Sum of Two
Thousand Five Hundred Pounds, Residue of the
Total charged as before mentioned, or any Part
thereof, for the Use aforesaid; that every such Person or Persons, their respective Executors, Administrators, or Assigns, shall be satisfied and reimbursed
the several and respective Sum or Sums so advanced,
out of the Receipts of the Excise aforesaid, in Course
of the Ordinance first above-mentioned, together with
Interest for the same, at the End of every Six Months
from the Time of the Advance thereof, or of any
Part thereof, according as by the said next aforegoing
Ordinance is directed; and the Receipt or Receipts
of Henry Darley Esquire, a Member of the House of
Commons, to whom the respective Monies advanced
shall be paid, together with the particular Receipt or
Receipts of the Persons that advanced the same, or of
their Executors, Administrators, or Assigns, shall be
the Commissioners of Excise their sufficient Warrant
and Discharge for Payment of the said Two Thousand Five Hundred Pounds, and Interest, and every
Part and Parcel thereof, accordingly."
Order for Interest to be allowed on 1500l. due to Davies & al. Welsh Drovers.
"Whereas, by Ordinance of the Lords and Commons, of the Thirtieth of December, 1645, One
Thousand Five Hundred Pounds (Part of the Debts
of Two Thousand Six Hundred and Fifty-three
Pounds, due to Humphrey Davis, and the rest of the
Welch Drovers) is granted to them, out of the Receipts
of the Excise, in Course: It is now Ordered, by
the said Lords and Commons, That Interest, after the
Rate of Eight Pounds per Centum, shall be paid for
the said One Thousand Five Hundred Pounds, for so
long Time as the said One Thousand Five Hundred
Pounds, or any Part thereof, shall be forborn, to such
Person or Persons as shall advance the said Sum of One
Thousand Five Hundred Pounds, or any Part thereof;
and the Receipt or Receipts of John Glyn Esquire,
Recorder of the City of London, or his Assigns, shall
be a sufficient Discharge for the said One Thousand
Five Hundred Pounds, and the Interest for the same,
to the Commissioners of Excise for the Time being."
Order for 100l. to Mr. Bedford.
Whereas, by Ordinance of the 15th of October
last, One Hundred Pounds were assigned to be paid
in Course, out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, unto
Mr. Bedford, Scout-master General; and whereas
Thomas Foote Esquire, Alderman of the City of
London, and the rest of the Commissioners of Excise
and new Impost, have consented to a present Advance
of the said One Hundred Pounds: Be it Ordained,
by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise and new
Impost may satisfy and reimburse themselves, and
that their Executors, Administrators, or Assigns, shall
and may be satisfied and reimbursed, the said One
Hundred Pounds, together with Interest for the same,
after the Rate of Eight Pounds per Centum, for so
long Time as the same, or any Part thereof, shall
be forborn, out of such Intervals of Receipts, by
the Ordinance of the 11th of September, 1643,
as shall happen when other Assignments already made
on those Receipts shall not fall due; and for Want
of such Intervals, then as the same shall follow in
Course; and that the said One Hundred Pounds shall
be paid unto the said Mr. Bedford, whose Receipt,
or of his Assigns, shall be a sufficient Discharge unto
the Commissioners of Excise for the Time being, for
Reimbursement and Payment of the said One Hundred Pounds, and Interest, and every Part and Parcel
Order for 500l. for Windsor.
"Be it Ordained, by the Lords and Commons in
Parliament assembled, That Five Hundred Pounds
shall be paid, for the Use of the Garrison of Windsor,
out of such Intervals of Receipts on the Excise, to
come in upon the Ordinance of the 11th of September, 1643, as shall happen when other Payments
already assigned on those Receipts shall not fall due,
or, in Default thereof, then as the same shall follow
in Course; and the Commissioners of Excise or new
Impost, are hereby authorized to pay the said Sum
of Five Hundred Pounds, for the Use aforesaid, unto
Christopher Whitchott, Governor of Windsor, or his
Assigns, whose Receipt or Receipts shall be a sufficient
Discharge to the Commissioners of Excise for Payment thereof accordingly."
Ordinance concerning the Militia of London.
"Whereas divers Persons, within the City of London,
and Parts adjacent, within the Lines of Communication, and Parishes mentioned in the Weekly Bills
of Mortality, and Hamlets of The Tower, that are not
fit to bear Arms in their own Persons, yet are able and
fit to find Arms, and pay others for bearing the same,
but do neglect and refuse the doing thereof; and
whereas divers Papists and ill-affected Persons do lurk
and hide themselves in divers Houses and Places
within the Limits aforesaid, that hold Correspondency
with, or bring Intelligence from the Enemy, and
others that gather together Arms, Ammunition, and
other Materials of War, likely to be employed
to the Prejudice of the Parliament (fn. *) and City;
and whereas, by several Ordinances of Parliament,
Power is given to the Committee for Ordering
the Militia within the Limits aforesaid, and drawing
out Forces for Service abroad, and that many Things
mentioned in the said Ordinances to be put in Execution, require the Help and Assistance of more Persons,
in the Nature of Sub-committees; (fn. †) thereupon Power
is given to the said Committee, to make One or more
Sub-committees, within the said Limits, as they shall
think fit: And for the better enabling the said Subcommittees so made, or to be made, to perform the Service therein contained, the Lords and Commons in
Parliament assembled, do Ordain and Declare, and be
it Ordained and Declared, That the said Committee
of the Militia of London shall have Power, and are
hereby authorized, to impose upon all such Persons
as have any Stocks going in Trade within the Limits
aforesaid, and do either absent themselves, or do
personally inhabit or reside within the said Limits,
to find such Proportion of Arms, and pay such Persons, as have been, or shall be, appointed to bear the
same, as the said Committee shall think fit, not exceeding Three Foot Soldiers for any One Person;
and (fn. *) such Person or Persons as shall disobey the Commands and Directions of the said Committee of the
Militia herein, the said Committee shall have Power
to impose such reasonable Fines upon them, or any
of them, as they shall think fit, not exceeding the
Sum of Forty Shillings for any One Offence; and
for Want of Payment thereof, to levy the same by
Distress and Sale of their Goods and Chattels, or
otherwise to imprison their Persons, without Bail or
Mainprize, until such Time as they shall conform
themselves accordingly; but in case such Person or
Persons so offending do absent themselves without
the said Limits, where the Authority of the said
Committee doth not extend, and not a sufficient
Value of his or their Goods or Chattels to be
found within the said Limits whereon to levy the
said Fines by Distress as aforesaid, that then the
Committee of Lords and Commons of Sequestrations, upon Complaint made by the Committee of
the Militia, or such as they shall appoint, being Persons of Ability and known Trust, do forthwith grant
their Warrants for apprehending such Person or Persons wheresover they shall be, and to commit him or
them to Prison, without Bail or Mainprize, until he
or they do conform themselves, or to distrain his or
their Goods, or bring them to London, and there sell
them, to pay the said Fine or Fines; all which Fines
are to be employed to such Use and Purpose, for the
Safety and Defence of the said City of London, and
Parts adjacent within the Lines of Communication, as
the said Committee of the Militia shall think fit and
"And it is further Ordained, That the said Committee for the Militia shall have Power, and is hereby
authorized, by themselves or such as they shall
appoint, being Persons of Ability and known Trust,
to search all Houses and Places, within the Limits
aforesaid, where the said Committee shall have Cause
to suspect that any Papists are, or other Persons that
come from any the King's Quarters, that 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, by any Offence for
which they ought to be sequestered, questioned, or
punished, by an Ordinance of Parliament; and likewise to search for Arms, Ammunition, and Materials for War, in the Custody of such Persons, and
to seize and take away the same; and to commit such
Persons to safe Custody, or to expel them out of
the Liberties aforesaid, if they shall see Cause; and
in Case of Resistance, the said Committee are hereby
authorized to command any Constable or Constables
to break open any House or Place within the said
Limits, where such Resistance shall be made, in the
Presence of any Two of the said Committee of the
Militia, or of Two such as by the said Committee of
the Militia shall be appointed, being Persons of Ability and known Trust.
"And be it further Ordained, That the said Subcommittees, so appointed, or to be appointed, by the
said Committee of the Militia, shall have Power,
and are hereby authorized, to cause all or any of
the Clauses contained in this Ordinance to be put in
due Execution, when and as often as they shall receive Directions from the said Committee for the
Militia; and all Constables, Headboroughs, and other
Officers and Soldiers, are hereby required to obey
and execute such Warrants as they from Time to
Time shall receive from the said Committee for the
Militia, or other Sub-committees, for and concerning
the Execution of the same accordingly.
"And it is further Ordered and Ordained, by the
said Lords and Commons in Parliament assembled,
That the said Committee for the Militia of London
shall have Power to charge such Inhabitants who are
constantly dwelling within the Lines of Communication and Bills of Mortality, or such Persons as have
any Stocks going in Trade within the Limits aforesaid, and absent themselves, as they shall esteem able,
to find and maintain Horses, with Riders and Furniture, at their proper Charge, for the Defence of the
City and Parts adjacent, so as no Person shall be
charged for the raising and maintaining of more than
Two Horses, to be put under such Officers as the
said Committee shall think fit.
"And it is further Ordained, That if any Person or
Persons shall be charged to find Horse, Rider, and
Furniture, as aforesaid, and shall refuse or neglect to
provide the same within Eight Days after Notice
thereof given to them in Person, or left in Writing
at their Dwellings, shall forfeit and pay Twenty
Pounds; and if they shall neglect or refuse to send
for their said Horse or Horses, with Riders provided
and furnished as aforesaid, when and as often as he
or they shall be summoned thereunto by the said
Committee of the Militia, or such Commanders or
Officers as they shall appoint, in Default thereof,
shall forfeit and pay Ten Shillings upon every such
Failing, or suffer Four Days Imprisonment, without
Bail or Mainprize; to be inflicted upon every such
Offender in such Manner and Form, and by such
Officers and Persons, as are appointed for the inflicting
of the Penalties upon the Failing (of the Foot Soldiers of the Trained Band) expressed in an Ordinance
dated the 2d of May, 1643; and the said Fines to be
employed by the said Committee of the Militia towards
the Payment of the Commanders and Officers of the
said Horse, and for such other Uses as the said Committee shall find necessary for the better carrying on
of the said Service.
"Provided, That no Power hereby granted, nor any
Clause or Thing herein contained, shall be extended
against any Peer of this Kingdom, or Member of
either of the Houses of Parliament, or any of the
Assistants of the House of Peers, or Attendants of
the House of Peers or Commons; and as well the said
Committee, as also their said Sub-committees and all
other Persons acting in the Premises according to the
Intent of this Ordinance, shall be saved harmless, by
Authority of both Houses of Parliament. This Ordinance to continue for Nine Months, and no longer."
House adjourned till 5a post meridiem (fn. *) .