House of Commons Journal Volume 4: 17 January 1645

Die Veneris, Januarii 17, 1644.

Prayers.

Resolved, &c. That Richard Cary, at whose Suit John Strange, Servant to a Member of this House, was arrested, and the Serjeant that arrested John Strange, the said Servant to Sir Edw. Hungerford, be forthwith sent for, as Delinquents, by the Serjeant at Arms attending on this House; for violating the Privilege of this House.

Resolved, &c. That this House doth agree with the Committee of both Kingdoms in sparing the Eleven hundred Dragoons, brought in formerly from that County, to be assessed and brought in by several Counties.

Ordered, That the Consideration, whether the extraordinary Guard in the Three Castles of Deale, Sandown, and Walmer, which consists of Ten Soldiers in each more than the Ordinary, shall be continued any longer; and if it shall be thought fit to keep this extraordinary Guard, then to propound some Way to the House How they shall be paid; and, if it be thought fit to discharge that extraordinary Guard, then how they shall be paid for the Time past.

Ordered, That the Consideration of a Letter, printed under the Name of John Lilbourne, be referred to the Examination and Inquiry of the Committee of Examinations: And it is further referred to That Committee, to summon the said John Lilbourne, and to examine him, upon the Writing, Printing, or Publishing, of the said Letter, and to report the State of the whole Business to the House.

The Committee is further to send for the Company of Stationers; and to know of them, by whose Default it happens, that such scurrilous, libellous, and seditious Pamphlets are every Day printed and published; they undertaking, at the Passing of their Ordinance, to prevent all those Inconveniencies that formerly grew by the Licentiousness of the Press; and to injoin them to be more diligent in suppressing such Licentiousness; and to acquaint them, That the House doth expect a better Account of them, of their Proceedings herein hereafter.

Upon a Report from the Committee of both Kingdoms;

It is Ordered, That Fifty Barrels of Powder, with Match and Bullet proportionable, be forthwith provided and furnished out of the publick Stores for the Use of the Forces in Pembrokeshire.

Sir Philip Stapilton reports, from the Committee of both Kingdoms, the Message to be sent from both Houses and the Commissioners of Scottland, in Answer to his Majesty's Message of December 13, 1644, with the Blanks filled up: The which was read; and, upon the Question, assented unto.

He likewise reported the Letter to be sent from my Lord General, for Conveying of the said Message, and for a Safe-Conduct: The which was likewise read; and, upon the Question, assented unto.

He further reported the Names of the Attendants upon the several Commissioners.

* * * *.

A Message from the Lords, by Doctor Aylett and Doctor Heath;

The Lords have commanded . . to bring to you these Papers concerning the Treaty: They do agree to all; and desire your Concurrence therein; excepting Mr. John Foulkes, and Mr. James Russell, and their Attendants, who are neither Members of the House, nor Attendants to them.

Answer returned by the same Messengers; That they will send an Answer by Messengers of their own.

Message from the Lords, by Mr. Serjeant Finche and Mr. Doctor Heath;

That the Lords had sent them down with this Message; That there being a Committee of both Houses to consider of Propositions to the States Ambassadors; have returned this Paper, agreed upon by the Committee; and the Lords do allow of the same: And if in case this House doth allow thereof, the Lords have appointed Two of their House; and desire this House to appoint a proportionable Number to go to the States Ambassadors, and deliver this Answer.

Ordered, That Mr. Holles (fn. 1) do desire my Lord General, from this House, to send to those Lords that are to go to Uxbridge, to give a List of the Names of such of their Servants whose Names are not yet given in, whom they intend to have to attend them.

The Message to be sent to his Majesty, in Answer of his Majesty's Message of the Thirteenth of December, sent from the Lords by the First Message, was read; and, upon the Question, assented unto, with the Alteration of the Word "sent" into the Word "given." The List of the Names of the Attendants, sent from the Lords, were likewise read; and, upon the Question, assented unto: And likewise the Letter to be written from my Lord General, for conveying the said Message, and desiring mutual Conducts, was read; and, upon the Question, assented unto.

Mr. Hollis went up to the Lords, to acquaint them with the Concurrence of this House to the Messages, sent from the Lords, concerning the Treaty, with the Alteration afore recited.

Sir Philip Stapilton further reported, from the Committee of both Kingdoms, That Money might be provided for the Raising of Two thousand Men for my Lord General's Recruits, and for Fifteen hundred for Sir Wm. Waller's, after the Rate that was allowed for those that were raised last Year.

Ordered, That the Ordinance for the Establishment of the Armies according to the new Model; and an Estimate of what Monies will be requisite for the Raising of Three thousand Five hundred Recruits; and how that Money may be raised; and what is fit to be done upon the Ordinance Excluding Members to bear Office; be taken into Consideration To-morrow, the first Business: And that no other Business intervene.

Ordered, That Mr. Scawen do prepare an Estimate of what Monies the Raising of Three thousand Five hundred Men, for Recruits, will amount to, after the Rate that was allowed for those that were raised the last Year.

The Answer to be returned to the States Ambassadors was read; and, upon the Question, assented unto.

Mr. Holles, Mr. Green, Sir Hen. Vane senior, Sir Jo. Potts, are appointed to meet with a Committee of a proportionable Number of the Lords, to deliver unto the States Ambassadors the said Answer.

Mr. Hollis brings Answer, That the Lords do agree to the Alteration carried up by him.

Ordered, That the Report of the Earl of Manchester's and Lieutenant-General Cromwell's Narrative be made To-morrow.

A Message from the Lords, by Serjeant Finche and Doctor Heath;

The Lords have passed an Ordinance concerning the Court of Wards; and desire the Concurrence of this House in it.

Answer returned by the Second Messengers; As to the First Message, the House doth agree to the Answer to be delivered to the States Ambassadors; and have nominated a Committee of a proportionable Number: As to the Second, concerning the Court of Wards, they will send Answer by Messengers of their own.

A further Answer to the States Ambassadors.

To the First, That the Parliament of England have already given such an Answer to that Proposition of the Lords the States-General of the United Provinces, by which they make Offer of their Interposition for Peace, as they hope will give unto them full and ample Satisfaction, being such as the Condition of their Affairs would admit; and, as they prosessed it then, so is it still, their Sense, to set a high Estimation upon the great and good Affection of those High and Mighty Lords so manifestly expressed to Them.

To the Second, The Proposition made, concerning Restitution of Ships and Damages, was found to concern either the publick Interest of the State, or the private Interest of particular Men. Those of the first Kind were, upon Debate, out of Respect to the said States-General, ordered to be restored; wherein, for aught appears to the contrary, Execution hath been accordingly had: And, for Damages, as to those, It was ordered, That, the Damages being proved by a legal Proceeding in the High Court of Admiralty, the Parliament would liquidate and see Payment to be thereof made. For those of the Second Sort, the Houses hold fit, that the Parties Complainants have free Liberty to prosecute their Interests in the High Court of Admiralty in England, for such as have not been already sentenced; or by way of Appeal for such as have been adjudged there; wherein the Houses, taking Notice of the Requests delivered by the Ambassadors, will give Command, that Right shall be done according to the Rules of Justice.

To the Third and Fourth, That, touching the Freedom of Commerce, and the Revocation of the Ordinance; both Houses of Parliament, finding they are Matters of very great Consequence, have the same under a serious Consideration; and will, in convenient Time, resolve upon That which shall appertain to Justice.

Treaty.- The Letter to be written by my Lord General.

I Am commanded by both Houses of the Parliament of England, and desired by the Commissioners of the Kingdom of Scotland, to send to you this their further Answer to his Majesty's Message of the Thirteenth of December last, to be presented to his Majesty; together with a List of the Names of their Retinue; to be inserted in his Majesty's Safe-Conduct.

Answer to his Majesty's Message of 13 Decembris.

May it please Your most Excellent Majesty,

WE, Your Majesty's humble and loyal Subjects, the Lords and Commons, assembled in the Parliament of Englandat Westminster, and the Commissioners of the Parliament of Scotland, do make our further Answer to Your Majesty's Message of the Thirteenth of December last,1644, concerning a Treaty of Peace, as followeth;

We do consent, That there be a Treaty for a safe and well-grounded Peace between Your Majesty and Your loyal and humble Subjects, assembled in the Parliament of both Kingdoms; and, for the present, have appointed Algernon Earl of Northumberland, Philip Earl of Pembroke and Mountgomery, Wm. Earl of Salisbury, Bazil Earl of Denbigh, Thomas Lord Viscount Wenman, Denzil Hollis, Wm. Pierpoint, Sir Henry Vane junior, Oliver St. John, Bulstrode Whitelock, John Crew, and Edmond Prideaux, for the Lords and Commons, assembled in the Parliament of England at Westminster; and John Earl of Loudon, Lord Chancellor of Scotland, Archibald Marquis of Argile, John Lord Maitland, John Lord Balmerino, Sir Archibald Johnston, Sir Charles Erskyn, George Dundas, Sir John Smyth, Mr. Hew Kennedy, and Mr. Rob. Barclay, for the Estates of the Parliament of Scotland, together with Mr. Alexander Henderson, upon the Propositions concerning Religion; who, or any Ten of them (there being always some of the Parliament of both Kingdoms), are appointed and authorized to meet at Uxbridge, on what Day Your Majesty shall be pleased to set down, before the last Day of this present January, with such Persons as Your Majesty shall appoint, under Your Sign Manual, for that Purpose; and the Number of the Persons to treat not to exceed Seventeen on either Part (unless the Persons named for the Estates of the Parliament of Scotland, now not here, or any of them, shall come; and then Your Majesty may have the like Number, if You please): There to treat upon the Matters contained in the Propositions we lately sent to Your Majesty, according to such Instructions as shall be given unto them: And the Propositions for Religion, the Militia, and Ireland, to be first treated upon, and agreed; and the Time for the Treaty upon the said Propositions for Religion, the Militia, and for Ireland, not to exceed Twenty Days. And, for the Things, mentioned in Your Message to be propounded by Your Majesty; When the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us, as aforesaid, we have directed them to send the same to us, that they may receive our Instructions what to do therein. And, to the end that the Persons to be sent from Your Majesty, and from us, with their Retinue, not exceeding the Number of One hundred and Eight on either Part, may repair to Uxbridge, stay there, and return, at their Pleasures, without Interruption, that mutual Safe-Conducts be granted to the said Persons, according to the several Lists of their Names. Signed, by Order of the Lords and Commons, assembled in the Parliament of England at Westminster. Signed in the Name, and by the Warrant, of the Commissioners of the Kingdom of Scotland.