House of Commons Journal Volume 3
16 March 1643

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History of Parliament Trust

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1802

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3, 4, 5

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'House of Commons Journal Volume 3: 16 March 1643', Journal of the House of Commons: volume 3: 1643-1644 (1802), pp. 3-5. URL: http://british-history.ac.uk/report.aspx?compid=8347 Date accessed: 26 November 2014.


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Die Jovis, 16 Martii, 1642

PRAYERS.

Warrant to Keightley, &c.

ORDERED, That Mr. Wm. Keightley and Mr. Jo. Evelyn shall have Mr. Speaker's Warrant to pass into France, with one Servant.

All Saints, Hertford, Vicarage.

An Ordinance for Sequestring the Rents and Profits of the Vicarage of All Saints in Hertford, whereof Mr. Humphrey Tabor is now Vicar, into the Hands of certain Sequestrators nominated in the said Sequestration, to the Use of Fr. Peck Master of Arts, a godly, learned, and orthodox Divine; who is to officiate and to take care for the Discharge of the Cure of the said Place in all the Duties thereof, until further Orders shall be taken by both Houses of Parliament; was this Day read, and by Vote, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

St. Thomas' Hospital Curate,

An Ordinance for Sequestring the Rents and Stipends belonging to the Curate of the Church of St. Thomas Hospital in Southwarke into the Hands of certain Sequestrators named in the said Ordinance, for the Use and Supply of John Briscoe, a godly, learned, and orthodox Divine; who is thereby appointed to preach every Lord's Day, and to take Care for the Discharge of the Cure of the said Place, in all the Duties thereof, until further Order be taken by both Houses of Parliament; was this Day read, and by Vote, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

St. Mary Abchurch Parsonage.

An Ordinance for Sequestring the Rents and Profits of the Parsonage of St. Mary Abchurch, London, whereof Ben. Stone is now Parson, into the Hands of certain Sequestrators named in the said Ordinance, for the Use and better Supply of Jo. Rawlinson Master of Arts, a godly, learned, and orthodox Divine; who is hereby appointed to preach every Lord's Day, and to officiate as Parson, and to take care for the Discharge of the Cure of the said Place, in all the Duties thereof, until further Order be taken by both Houses of Parliament; was this Day read, and by Vote, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

St. Michael's Cornehill Parsonage.

An Ordinance for Sequestring the Rents and Profits of the Parish Church of St. Michael's Cornehill, London, whereof Dr. Brough, is Parson, into the Hands of certain Sequestrators named in the said Ordinance, to the Use of Tho. Mall Master of Arts, a godly, learned, and orthodox Divine; who is hereby required to preach every Lord's Day, and to officiate as Parson, and to take care for the Discharge of the Cure of the said Place, in all the Duties thereof, until further Order be taken by both Houses; was this Day read, and by Vote, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Jefferies' Petition.

Ordered, That the humble Petition of John Jefferies Doctor in Divinity, now in the Serjeant's Custody, be referred to the Consideration of the Committee for Examinations.

Treaty with the King.

Mr. Pym reports from the Committee appointed to consider of the seventh Article of Cessation, the Resolutions of that Committee, in hoc Verba.

That as soon as his Majesty shall be pleased to disband the Armies (which both Houses earnestly desire may be speedily effected) and to disarm the Papists, according to Law; the Subjects may then enjoy the Benefit of Peace, in the Liberty of their Persons, Goods, and Freedom of Trade: In the mean time, the Generals and Commanders of the Armies on both Sides, shall be injoined to keep the Soldiers from plundering; which the Two Houses of Parliament have ever disliked and forbidden.

REASONS why this House cannot agree with the Lords in the seventh Article of the CESSATION.

1. Because it crosseth the former Articles, especially the first, and the second.

2. Because it dissolveth the Discipline of the Army.

3. It disableth Us to supply the Armies.

4. It leaves the King free in all these respects, as he interprets the Words.

This Report was read, and ordered to be presented to the Lords at a Conference.

Sir Wm. Litton went up to the Lords to desire a Conference concerning the seventh Article of the Cessation.

Conspirators at Bristoll.

Mr. Marten is appointed to prepare a Letter to be sent to my Lord General, to desire him to issue forth a Commission for the Trial of the Conspirators at Bristoll.

Quarrel in Westminster Hall.

The House being informed of a Quarrel, that happened in the Hall between some English and Scotts Officers, Colonel Hereton, that said he was struck twice by one of those Officers, and Colonel Ogelby, who was said to strike him, were both called in. Colonel Ogelby--that he drew . . his Sword, till he was first struck.

Sir H. Vane, Mr. Holles, Sir H. Mildmay, Mr. Bainton, Mr. Glyn, Sir Nevile Poole, Mr. Solicitor, Mr. Hatcher, Mr. Maynard, Mr. Poole, Sir H. Vane junior, Sir Wm. Armyh;

This Committee, or any Four of them, is presently to withdraw into the Inner Court of Wards, to examine the Occasion of the Quarrel, this Day happened in the Hall, between some English Officers, and some Scotts; and to examine the Rise and Beginning of it, and the Circumstances and whole Proceedings thereupon; and have Power to send for Parties, Witnesses, Papers, &c.

Lords agree to Conference.

Sir Wm. Litton brings Answer;

That the Lords will give a present Meeting, by a Committee of both Houses, as is desired.

Treaty with the King.

A Message from the Lords, by Sir Robt. Riche and Mr. Page;

The Earl of Manchester, Speaker of the House of Peers, hath received a Letter from my Lord General Essex: 'Tis concerning the third Article touching the Settling and Removing of Quarters, which they have sent hither; and desire that they may, at this Conference propound what they conceive upon it.

Answer returned by the same Messengers;

That this House has considered their Lordships Message, and do concur that their Lordships may propound their Opinions upon this Letter, at this Conference, as is desired.

Mr. Pym, Sir H. Vane junior, Mr. Pierrepont, are appointed Managers and Reporters of this Conference.

Treaty with the King.

Mr. Pym reports the Conference on the Lords Part, touching their Opinion of the third Article, which they would have to stand as it came from the King, leaving out the last Clause touching the Clause of Communication.

Resolved, &c. That this House doth agree with the Lords in the third Article to stand as it came from the King, leaving out the Clause of Communication.

A Message from the Lords, by Serjeant Whitfield and Serjeant Glanvile;

The Lords do agree with this House in the seventh Article of the Cessation, with those Alterations, that were delivered at the last Conference. They do likewise desire that this House would speed their Answer to the third Article, to the End they may be dispatched, and sent away.

Resolved, &c. That this House doth adhere to the sixth Article, as it was presented to his Majesty from both Houses.

Answer returned by the same Messengers;

That this House has considered their Lordships Message; and will send an Answer by Messengers of their own, presently.

Sir Jo. Holland is appointed to go to the Lords, to acquaint their Lordships,

That this House doth agree with the Lords in the third Article; and do desire, that the Committee may meet speedily, to put the Articles into such a Form, as shall be fit to present to his Majesty.

Sir Jo. Holland brings Answer,

That the Lords do agree, that the Committee of their House, formerly appointed, shall meet with a Committee of this House at Three of Clock, in the Painted Chamber, to draw up the Articles of Cessation into such a Form, as is fit to be presented unto his Majesty.

Duke of Vendosme's Goods, &c.

The Question being put, Whether a Conference should be desired with the Lords, concerning the Passing the Duke of Vendosme's Goods and Horses;

The House was divided.

The Yeas went forth.

Sir Peter Wentworth, Sir Edw. Partheriche, Tellers for the Yea:

Mr. Marten, Mr. Strode, Tellers for the Noe.

Person sent for in custody.

Resolved, &c. That Serjeant Francis be forthwith sent for in safe Custody.

Transporting Horses.

Ordered, That Mr. Morley do take care, and give Order, that no Horses do pass beyond Seas, without a special Warrant from this House; and that he take Sir Mich. Livesay to his Assistance, for....

Duke of Vendosme's Baggage.

Ordered, That the Commissioners of the Customs do their Duties, in giving Order, that all the Trunks, and Mails, and other Carriages and Baggage of the Duke of Vendosme's may be searched and examined; but with such Civility and Respect, as is fit to so great a Personage: And that they take care, that no prohibited Goods may be exported.

Lords to sit.

A Message from the Lords, by Sir Robert Riche and Mr. Page;

The Lords do intend to sit this Afternoon at Five of Clock, and desire this House would do the like, to the Intent that the Propositions of the Cessation may be expedited and sent away.

Treaty with the King.

Resolved, &c. That the Committee of this House appointed for the Articles of Cessation, shall prepare Instructions for the Disbanding.

Resolved, &c. That the Instructions concerning the Disbanding of the Armies, shall be sent together with the Propositions for the Cessation.

Publick Thanksgiving.

Ordered, That Mr. Vassall and Mr. Ashe do move the Lord Mayor, that Publick Thanksgiving may be given in all the Churches within his Liberties and Jurisdiction, on Sunday next, for the Delivery from the Conspiracy at Bristoll; and that the Letters concerning that Business, printed by Order of both Houses, may be likewise read.

House to sit.

Answer returned by the same Messengers;

That this House does intend to sit this Afternoon, at Five of Clock.

Comm of Customs.

Ordered, That the Committee for the Navy shall have Power to treat with the Commissioners of the Customs, concerning the Ordinance concerning them.

Person to attend.

Resolved, That Wm. Playters be summoned forthwith to attend the House.

Member disabled to sit.

Resolved, &c. That Mr. Mathew Davies shall be disabled for sitting or continuing any longer a Member of this House during this Parliament, for not appearing upon several Orders of Summons.

Relief of Frost.

Ordered, That it be referred to the Committee for the Affairs of Ireland, to consider of some Course for the Relief and Satisfaction of Mr. Frost.

Die Jovis, 16 Martii, post meridiem.

Countess of Banbury.

THAT a Conference shall be desired with the Lords; and that it shall be there represented that which has been reported this Day from the Committee concerning the Countess of Banbury; and to desire, that in regard it is informed, that she is a Recusant and one that entertains Intelligence, that she may be confined to her House.

St. Gyles in the Fields Parsonage.

An Ordinance for Sequestring the Rents and Profits of the Parsonage of St. Gyles in the Fields, whereof Dr. Heywood is Parson, into the Hands of certain Sequestrators named in the said Ordinance, to the Use of Henry Cornish, an orthodox Divine; who is hereby appointed and required to preach every Lord's Day, and to take care for the Discharge of the Cure of that Place, in all the Duties thereof, until further Order shall be taken by both Houses of Parliament; was this Day read, and by Vote, upon the Question, assented unto, and ordered to be sent unto the Lords for their Concurrence.

St. Olave's Southwarke Vicarage.

An Ordinance for Sequestring the Rents and Profits of the Vicarage of St. Olave's in Southwarke, whereof Thomas Tuke is Vicar, into the Hands of certain Sequestrators named in the said Ordinance, for the Use of Wm. Hignell Master of Arts, a godly, learned, and orthodox Divine; who is appointed and required to preach every Lord's Day, and to officiate as Parson, and to take care for the Discharge of the Cure of the said Place, in all the Duties thereof, until further Order shall be taken by both Houses of Parliament; was this Day read, and by Vote, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Information to Lord General.

Ordered, That Sir Nevile Poole do acquaint the Lord General, from this House, with the Information given them of certain Goods taken from the West Country Carriers, at several Times, near to the Forces at Okingham; and that there be Care taken for a safe Conduct, for their free Passage: And likewise to inform his Excellency, of the Information given of Shooting out of the Windows at Basing-house, and of Hurt done to some, that have passed by that Way: And also to acquaint the Lord General with the Contents of a Letter from the Committee in Darbyshire; that no Commission or Deputation be made, by the Lord General, to any in that County, without Notice of this House.

Lady Caulfield.

Ordered, That the Letter of the Lords Justices of the Fifth of January, concerning the Lady Caulfield, and her Petition, this Day read in this House, be referred to the Committee for Contributions.

The Mint.

Ordered, That Sir Robert Harley shall have Power to give a privy Mark for the Pix Money in the Mint; and that he bring in an Ordinance for the restoring himself to his Place in the Mint.

Transporting Horses.

Resolved, That the Duke de Vendosme shall have Mr. Speaker's Warrant to transport fifty Horses, Mares, or Geldings, out of this Kingdom into France, Custom and Impost free.

Officers to keep the Peace, &c.

Ordered, That Colonel Ogelby and Captain Marshall, now under Restraint of the Guards, be forthwith discharged from that Restraint, and enjoined from this House to keep their Chambers, and give Order to all Officers and Soldiers under them to demean themselves peaceably and quietly; and not to do any Act either by sending or receiving any Challenge, or offering any Affront, or other Thing, that may disturb the Peace, or may in any Sort reflect upon the good Amity that is between the Nations of England and Scotland:

It is in like manner Ordered, That Colonel Horton do keep his Chamber, and give Order to all Officers and Soldiers under him likewise to demean themselves peaceably and quietly; and not to do any Act, either by sending or receiving any Challenge, or offering any Affront, or other Thing, that may disturb the Peace, or in any Sort reflect upon the good Amity that is between the two Nations: The whole Business of the Quarrel between them being under the Examination of a Committee, from whom both Parties may rest assured to have such Satisfaction, as in Justice they can expect from the Merits of their Cause.

Treaty with the King.

Message from the Lords by Serjeant Whitfeilde and Serjeant Glanvile;

That the Lords had sent down unto this House the Articles of Cessation, drawn into a Form, in which they desire a present Concurrence, that they may be speedily sent away to his Majesty.

The Lords and Commons in Parliament being still carried on with a vehement Desire of Peace, that so the Kingdom may speedily be freed from the Desolation and Distraction wherewith it is like to be overwhelmed, if the War should continue, have, with as much Expedition as they could, considered of the Articles of Cessation, with those Alterations and Additions offered by his Majesty; unto which they are ready to agree, in such manner as is expressed in these ensuing Articles; viz.

1. That all manner of Arms, Ammunition, Victuals, Money, Bullion, and all other Commodities, passing without a safe Conduct from the Generals of both Armies, as well of his Majesty's, as of the Armies raised by the Parliament, may be stayed and seized on, as if no such Cessation were agreed on at all.

2. That all manner of Persons, passing without such a safe Conduct, as is mentioned in the Article next going before, shall be apprehended and detained, as if no such Cessation were agreed on at all.

3. That his Majesty's Forces in Oxfordshire shall advance no nearer to Windsor than Wheatley; and in Buckinghamshire, no nearer to Ailesbury than Brill; and that in Berkshire the Forces respectively shall not advance nearer the one to the other, than they shall be at the Day to be agreed on for the Cessation to begin: And that the Forces of the other Army, raised by the Parliament, shall advance no nearer to Oxford than Henley; and those in Buckinghamshire no nearer to Oxford than Ailesbury: And that the Forces of neither Army shall advance their Quarters nearer to each other than they shall be upon the Day agreed on for the Cessation to begin.

4. That the Forces of either Army in Gloucestershire, Wiltshire, and Wales, as likewise in the Cities of Gloucester and Bristoll; and the Castle and Town of Berkeley, shall be guided by the Rule expressed in the latter Part of the precedent Article.

5. That, in case it be pretended on either Side, that the Cessation is violated, no Act of Hostility is immediately to follow; but first the Party complaining is to acquaint the Lord General on the other Side, and to allow three Days after Notice given, for Satisfaction; and in case Satisfaction be not given or accepted, then five Days Notice to be given, before Hostility begin; and the like to be observed in the remoter Armies by the Commanders in chief.

6. That all other Forces in the Kingdom of England, and Dominion of Wales, not before mentioned, shall remain in the same Quarters and Places as they are at the Time of the publishing of this Cessation; and under the same Conditions, as are mentioned in the Articles before: And that this Cessation shall not extend to restrain the setting forth or employing of any Ships for the Defence of his Majesty's Dominions.

7. That as soon as his Majesty shall be pleased to disband the Armies, which both Houses earnestly desire may be speedily effected, and to disarm the Papists, according to Law, the Subjects may then enjoy the Benefit of Peace in the Liberty of their Persons, Goods, and Freedom of Trade: In the mean time the Generals and Commanders of the Armies of both Sides shall be enjoined to keep the Soldiers from plundering; which the two Houses of Parliament have ever disliked and forbidden.

And, for the speedy settling of this so much desired Peace, they have thought good to send their Committees with Instructions, that, if his Majesty be pleased to consent to a Cessation so limited and qualified, they may forthwith proceed to treat upon the Propositions. And, because the Time is so far elapsed in these Preparations, they desire the Cessation may begin the Five-and-twentieth of this Instant March, or sooner, if it may be: And in the mean Time Notice to be given to all the Forces in the several and remote Parts: And the Commanders, Officers, and Soldiers, are enjoined to observe this Cessation accordingly; to which they hope and pray, that God will give such a Blessing, that thereupon Peace, Safety, and Happiness, may be produced and confirmed to his Majesty, and all his People.

Resolved, &c. That this House doth agree with the Lords to the Articles of Cessation, and to the Form the Articles are drawn into, sent down from the Lords.

Answer returned by the same Messengers;

That this House will send an Answer by Messengers of their own, To-morrow Morning.

Raising Money.

Sir Rob. Pye, Sir Rich. Wyn, Mr. Scowen, Mr. Harby; this Committee is to be present To-morrow at the Committee for the raising of Monies for the northern Army.

Dep. Lieuts. of Derbyshire.

A Letter was read from Mr. Gell, and others of the Committee in Derbyshire, to Mr. Speaker, informing the House, that divers in that County had privately subscribed a Petition to this House for the Lords or Lord General to appoint some Gentlemen of that County Deputy Lieutenants, who have been opposite to the Proceedings of Parliament: Whereupon the said Mr. Gell, &c. desired Mr. Speaker not to admit of any such Petition; for that it was to do a Disservice to the County: Which was ordered accordingly; and that Sir Nevile Poole should acquaint the Lord General therewith.

Dep. Lieut. of Kent.

Ordered, That Mr. Boys shall be made a Deputy Lieutenant of the County of Kent; and that the Lords be moved to join herein.

Dawes' Bill.

Ordered, That the Lords be moved to hasten the Passage of Mr. Dawes his Bill.