DIE Martis, videlicet, 18 die Aprilis.
Earl of Manchester, Speaker this Day.
Report from the Committee of an Answer to the King's last Messages.
The Earl of Holland reported, "That the Committee
of both Houses have met, to consider of the King's
Two last Messages; and they have made a Draught
of an Answer to the same, which they offered to their
Lordships Consideration:" And it was read; and the
House Ordered, That the same shall be communicated
to the House of Commons, by a Conference.
Message to the H. C. for a Conference about it.
A Message was sent to the House of Commons, by
Sir Edward Leech and Doctor Bennett:
To desire a Conference, as soon as may stand with
their Conveniency, touching something in Answer to the
King's Two last Messages.
Message from thence, with Orders for Concurrence.
A Message was brought from the House of Commons, by Sir Rob't Harley Knight; which was of these
1. To desire their Lordships Concurrence in an Order concerning the next Term; which being read, it was
agreed to, and Ordered to be presently printed and
published. (Here enter it.)
2. An Order concerning the adding of some Names in
the Ordinance concerning the City of Norwich.
(Here enter it.)
3. To desire their Lordships Concurrence in an Order made for raising Voluntiers in the City of London,
under the Command of Sheriff Langham.
(Here enter it.)
Agreed to with the House of Commons in this Vote.
The Answer returned was:
That this House agrees with the House of Commons
in all the Orders now brought up:
Voluntiers in London, under Sheriff Langham.
That this House doth Declare, That they do take it as
an acceptable Service in those Citizens, or others, that
shall list themselves under the Command of Sheriff
Langham, or such as he shall appoint, for the better
Security of the City of London and the Counties adjacent, and for the Assistance of the Lord General if there
shall be Occasion; and the said Sheriff is hereby desired
to improve his Interest and Authority, for the speedy
advancing of so necessary a Service.
House adjourned during Pleasure, and the Lords
went to the Conference; which being ended, the House
Ordinance to prevent the Judges, &c. from repairing to Oxford, to keep the next Term there.
"The Lords and Commons in Parliament, taking
into their serious Consideration a Proclamation dated
at Oxford the First of this Instant April, for the holding and continuing of the Court of Chancery, and
all Proceedings therein, the Receipt of His Majesty's
Exchequer, and of the First Fruits and Tenths, the
Court of the Dutchy of Lancaster, Court of Wards
and Liveries, and Court of Requests, at the City of
Oxford, for the whole Term of Easter then next ensuing, upon and from the 19th Day of this Instant
April, until and upon the 15th Day of May next following; and for adjourning the Courts of King's
Bench, Common Pleas, and Exchequer, from Quindena Paschæ until the Return of Quinque Septimanas
Paschæ next, do find that it will much tend to the
Prejudice of the Commonwealth, to have the said
Courts and Receipts held and continued at Oxford,
where great Part of an Army raised against the Parliament and the Authority thereof now resides: And
the said Lords and Commons, apprehending and foreseeing the great Inconveniencies and Mischiefs that
necessarily must happen to many of His Majesty's
most faithful and best Subjects, in Case those Courts
and Receipts be held at Oxford, where such of them
as have Occasion to attend cannot with any Safety
of their Persons or Estates repair to, His Majesty
having in Effect declared all Persons that have contributed any Thing in Aid or Defence of the Parliament, and the Privilege thereof, to be guilty of High
Treason, and, in Pursuance thereof, by the Force and
Power of the Army there remaining, (fn. *) seized upon
many of their Persons, where they are detained Prisoners, and some proceeded against as Traitors, having
nothing laid to their Charge but their assisting the
Parliament, and opposing that Army raised to destroy
it and the Kingdom; and finding that divers, both
Judges and others, whose Attendance upon the said
Courts and Receipts will be necessary, are Members
or Assistants to One or both Houses of Parliament,
whose Presence at this Time cannot be spared; and
that, if the Records necessary to be used in the said
Courts should be removed from the usual Places to
Oxon, in a Time when Two Armies are residing near
thereabouts, it would endanger the Miscarriage of
them, which might ruin many of His Majesty's Subjects, whose Estates depend thereupon; and that so
far a Distance between the said Courts of Law and
Equity, which have necessary Dependance one upon
another, would prove exceeding prejudicial to many;
and, finding greater Cause to take Care for preventing the said Mischiefs and Inconveniencies than was
in Hillary Term last, in that the said Army is still
continuing, although the said Lords and Commons
have used the best Means they possibly could, by Proposition and Treaty to and with His Majesty, for the
Disbanding thereof; and as yet all their Endeavours
"The said Lords and Commons do therefore Declare and Order, That no Judge, Minister, or other
Person belonging to any of the said Courts or Receipts, shall repair to the said City of Oxon, or do or
execute any Thing belonging to the said Offices and
Employments but in the Places usual for the doing
and executing thereof; and the said Lords and Commons do enjoin the said several Judges, Officers, and
Ministers, to attend the Execution of the said Offices, at the usual Times and Places for the Execution thereof, and not elsewhere; and that no Member
of, or Assistant to, either of the Two Houses of Parliament, that have any Place, Office, or Employment,
about any of the said Courts or Receipts, shall presume to depart from their Attendance upon the Parliament, without the special Leave of that House
whereof they are Members or Assistants, and that
those departed do return forthwith; and do further
Order, That no Person shall remove, or cause to be
removed, any Records or Writings, of any the said
Courts or Receipts, to or towards the City of Oxon:
And the Lords and Commons do Declare, That, if
any Persons shall disobey this Order, they will proceed
against them as wilful Contemners of the Authority
of Parliament, and Disturbers of the Peace of the
Kingdom: And it is further Declared and Ordered,
by the said Lords and Commons, That no Judgement, Decree, Order, or Proceedings whatsoever,
that shall be given, made, or had, by or in any of
the said Courts or Receipts, out of the usual Places
where the said Courts and Receipts have been accustomed to be held and kept, shall bind any Person
that may be concerned therein without his own voluntary Consent; and that all Judges, Officers, and
other Persons, shall be protected and kept indemnified from any Damage or Inconvenience that may
or can happen to them, for yielding Obedience to
this Ordinance, or by the Not-prosecution of any just
Suit or Action in the said Courts at Oxford, or any
Names added the Committee in Norwich.
"Ordered, by the Lords and Commons assembled
in Parliament, That Adrean Parmenter, Christopher
Barrett, Samuell Smith, Thomas Baker, and John
Tooley, Esquires, the Sheriff of Norwich for the Time
being, John Thacker, Mathew Peckoner, Samuell
Puckle, Linewell Sherwood, and Mathew Lynsey, Aldermen, be added to the Committee for the Weekly
Assessments, and for sequestering of the Estates of
Papists and notorious Malignants, within the County
of the City of Norwich."
House adjourned till 4a post meridiem.
Earl of Manchester, Speaker.
The Earl of Northumberland gave the House an Account what passed between His Majesty and the Committee at Oxford, since the last Account given to the
He presented divers Papers, which were read:
Papers relative to the Proceedings between the King and the Committees at Oxford.
1. His Majesty's Reply concerning his Return,
2. The King's further Answer concerning the Ships,
April 15, 1643.
These Papers following were delivered to the Committee after the Twenty Days for the Treaty were expired; to which the Committee had no Instructions to
3. His Majesty's Answer to the Reasons of the Committee, April 15.
4. Concerning Mr. Ashe's Cloaths.
5. Concerning the Scottish Commissioners, April 13.
His Majesty not giving any Answer to this, they (fn. *) presented the other Part to His Majesty.
6. Concerning the Scotch Commissioners, (fn. †) April 15,
7. Next, the King's Answer was read:
"That Sir Frederick Cornwallis, whom His Majesty
had sent to both Houses with a Message, was there
laid by the Heels; and that He did much wonder
that One of His Messengers should be so used; His
Majesty thought that His Message to the Houses
might be a sufficient Safe Conduct."
Ordered, That these Papers shall be communicated
to the House of Commons, at a Conference; and the
House of Commons to be desired, that their Committee concerning the Treaty may meet with the Committee of this House, and consider of these Papers; and
to tell them, that their Lordships believe that the King
was (fn. ‡) misinformed concerning Sir Frederick Cornwallis,
because they know nothing of the Commitment of him,
which they conceive the House of Commons would have
made this House acquainted with, he being sent to both
Message to the H. C. for a Conference about them.
A Message was sent to the House of Commons, by
Sir Edw. Leech and Doctor Benett:
To desire a Conference, concerning some Papers
presented to this House by the Earl of Northumb. brought
Lady Goring, a Pass.
Ordered, That the Lady Goringe shall have a Pass,
to go and come from Nonsuch, to London, with a Coach
and Six Horses.
Sir James Hamilton's Lieutenant, a Pass.
Ordered, The Lieutenant of Sir James Hamilton,
with Three Servants, shall have a Pass, to travel to
Chester, and from thence to go into Ireland.
Mons. D'Aubigeon's Servants, a Pass.
Ordered, That Monsieur D'Aubigeon's Two Servants, and his Necessaries, shall have a Pass, to go for
Mons. De Fontraille's, Ditto.
The like for Monsieur De Fontrailles, and Two Servants, and his Necessaries.
Mons. De Monthieson's, Ditto.
The like for Monsieur De Monthieson's Two Servants,
The Messengers returned this Answer:
Answer from the H. C.
That the House of Commons will give a present
Meeting, as is desired, in the Painted Chamber.
Earl of Northumberland's Account of the Proceedings between the King and the Committees at Oxford, concerning the Treaty, &c.
"At the Beginning of the Treaty, His Majesty
mentioned what Disadvantage it was to Him, by
Himself alone to treat with a Committee of both
Houses, prepared with their Instructions and Reasons.
"He said, That this likewise was a great Disadvantage to Him, when that which He did was binding
on His Part; but that which the Committee did was
not binding until both Houses were sent unto, and
their Directions known.
"He told us, That what was said by Him to us
He would not be bound by it, except it were in
Writing; and that Discourse on both Sides by Word
of Mouth should stand for nothing.
"On Saturday the 15th of April, His Majesty
told us, That neither of the Papers concerning the
Scotch Commissioners, or Mr. Ashe's Cloaths, were
any Part of the Treaty; and that He would send
an Answer to them, by Messengers of His own, to
"We told Him, That we had something further
to offer to Him concerning the Scotch Commissioners,
and presented the Second Paper to Him about that
Business; which being read, the King said, That He
had not denied that which we desired in the First
Paper, and therefore said He (fn. *) would not take the
Second; but He would send His Answer to the First,
and then the Houses might send further if they
should see Cause.
"Afterwards His Majesty told us, He heard that
Sir Frederike Cornewallys, whom He had sent to both
Houses with a Message, was there laid by the Heels;
and that He did much wonder that One of his Messengers should be so used: He thought that His
Message to the Houses might be a sufficient Safe Conduct."
Message from the H. C. to complain of Mr. Marten's being insulted by the Earl of Northumberland, returning from the Conference.
A Message was brought from the House of Commons, by Mr. Glyn; who said, "He was commanded by the House of Commons to tell their Lordships, That they have been always very tender of their
Lordships Privileges, and are very desirous of the
Continuance of a fair Agreement between both Houses;
and they are very confident, that their Lordships will
be tender of the Privileges of the House of Commons.
"That the House of Commons are informed, that
this Day, at the Conference with the House of Commons, Mr. Marten, a Member of the House of Commons, being appointed by that House to be One of
the Managers of the said Conference, who, as he was
returning to the House of Commons from the said
Conference (as all the Members of Parliament ought
to do, without any Violation or Assault), he was assaulted in the Painted Chamber by a Peer of this
House of great Worth, to wit, the Earl of Northumberland; which they hold to be a Breach of the Privilege of Parliament; and for this he was commanded by the House of Commons to desire Reparation
for the same."
E. of Northumberland complains that Mr. Marten had opened his Letter from Oxford.
The Earl of Northumberland submitted himself to
their Lordships Judgement in this Business; and desired their Lordships to take his Case first into Consideration, and give Reparation for the great Breach
of Privilege done to this House, and the Injury done
him by Mr. Marten, for opening his Lordships Letter
sent from Oxford, without any Authority, he being a
Peer of this House, and employed by this House as a
Committee to treat with His Majesty, about the Affairs of the Kingdom.
The Answer returned was:
Answer to the H. C.
That this House will send them an Answer, by Messengers of their own, in convenient Time.
Conference to be had about it.
Then the House taking into Consideration the Fact
done by Mr. Marten, in opening the Earl of Northumberland's Letter without any Authority, and considering
the Earl of Northumb. as a Member of this House, and
as a Person of that Capacity as he was in when this
Fact was committed, being employed by this House
to treat with His Majesty at Oxford about the great
Affairs of the Kingdom, conceived this to be a great
Breach and Violation to the Privileges of this House.
And the House Resolved, To have a Conference with
the House of Commons To-morrow Morning, concerning the Privileges of this House, and to give them a
Narrative of the whole Business.
Message to the H. C. for it.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Doctor Bennett:
To desire a Conference To-morrow Morning, at Ten
of the Clock, in the Painted Chamber, concerning the
Matter of the last Message, and concerning the Privileges
of this House.
The Earl of Manchester is to draw up the Narrative
concerning this Business, and present it to the House
The Messengers return with this Answer,
Answer from thence.
That the House of Commons will give a (fn. *) Conference,
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Message from the H. C. for Concurrence in the following Ordinance,
A Message was brought from the House of Commons, by Sir Henry Mildmay:
To desire their Lordships Concurrence in an Ordinance concerning some Forces that came out of Essex,
staying at Watford.
The Ordinance was read, as followeth:
For Lord Grey's Forces from Essex to join the Earl of Essex.
"Ordered, by the Lords and Commons in Parliament assembled, That the Forces quartered at Watford, under the Command of the Lord Gray, which
came out of Essex, do forthwith march out of the
County of Hertford, to the Assistance of the Lord
General the Earl of Essex, to be commanded by
him as he shall give Order, notwithstanding that his
Excellency now is and shall have Occasion to use
their Service out of the Bounds of the Association."
Ordered, That this House agrees with the House
of Commons in this Order.
The Answer returned was:
That this House agrees with the House of Commons in this Order now brought up.
House adjourned till 9a cras.