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Cecil Papers: 1641

Pages 335-370

Calendar of the Cecil Papers in Hatfield House, Volume 22, 1612-1668. Originally published by Her Majesty's Stationery Office, London, 1971.

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Citation:

1641

Scottish Losses and Charges.
1640–41, January 7. "Schedule containing the particular sums of the Scotch losses and charges."
Beside the particular charges and losses which all sorts of persons have sustained this time past, and beside other extraordinary charges which are hereafter mentioned, we do, according to our own knowledge and as we have received information from such as had public trust, represent to your Lordships' view and consideration the public charges and burthens under which the whole country lies, as follows in this schedule annexed of the accompt:
The comptes of the several regiments that were employed in anno 1639 do extend to the sum of English money, £72293 15 0
For artillery and ammunition in 1639, £13387 16 8
The fortifying of the Castles of Edinburgh, Dumbarton and Stirling, some fortifications made in Bruntiland, Inchgarvy, Kintire and Arran, the works and fortifications made at Leith, so much of the compts thereof as come in preceding Whit Sunday, 1639, extends to the sum of, £5399 3 4
We do pay for three terms annual thereof betwixt Whit Sunday, 1639, and Martinmas, 1640, at 8 percent extends to, £10809 14 0
Item, the "Sojours of Fortoune" being completely paid to the first of September, in the regiment comptes above written, to them from the first of September to the last of December, 1640, being 4 months extends to, £8333 6 8
Item, to the "Sojours of Fortoune" the number of them being augmented by their coming home from the last of December, 1639, to May 14, 1640, £10833 6 8
Item, for batteries made to defend the Castle of Edinburgh, running trenches made for carrying ammunition and convoying about a great part of the town in view of the Castle for making blinds of earth, deals and dung for saving people through all the town, for making up the fortifications of Leith (that come not in the last year's comptes) and for reparation of the works made the precedent year, and for satisfaction of the parties whose grounds, gardens and houses were demolished for making the fortifications and trenches about the Castle, £7166 13 4
Item, for General Major Munro his regiment from 1 March to 30 November, 1640, £15000 0 0
Item, for two small regiments kept in Edinburgh for guarding the town and keeping watch about the Castle, they consisting [of] 1200 men, being lifted in the end of March and were kept till the beginning of October, is 6 months and the third part of one month, £10500 0 0
Item, for the pay of 400foot that lay at Munross from the beginning of May to the last of August, and for levy money of 4/6 per piece (sic). £1921 13 4
Item, for threescore horses that lay there in troops four months, £816 6 8
Item, for Lieutenant-Colonel Home's regiment from April 1 to November 30, 1640, £7500 0 0
Item, the Earl of Argyle's expedition in this year, £3333 6 8
Item, the Factors comptes of arms and ammunition this year, £25000 0 0
Item, the foot army consisting between 22,000 and 24,000 men with 2500 horse from 14 May till 31 August, being three months and a half at £40000 a month, £140000 0 0
Item, to the Army from August 31 to October 16 being one month and a half, £60000 0 0
Item, levy moneys advanced to the footmen to bring them to the rendezvous, to some 2/6, to some 3/-, to some 5/- as they lay in distance from the rendezvous, which was at least to every footmen overhead 3/4, £3666 13 4
Item, levy money to 2500 horsemen at 6/8 apiece, £833 6 8
Item, for entertaining of "sojours" at the Castle of Dumbarton and upon Clyde making fortifications at both places, £3333 6 8
Item, the Earl of Marshal's regiment, £5000 0 0
Item, the Master of Forbes's regiment, £3333 6 8
Item, my Lord Sinclair's regiment, being late levied, £1666 13 4
Item, the value of 65 ships given up in the list besides many others not yet come to our knowledge, which with the loading and loss they had by want of trade by nine months' arrest extends to, £52700 0 0
The redelivery of the ships will abate so much of this as the ships are presently worth.
Item, about 500 Scottish ships were stopped from trading by the English ships for the space of 6 or 7 months, many of the native commodities that use ordinarily to be exported were sold the third penny down of their values, the prejudice hereof shall be instructed much to exceed that which we do desire, but do only here rate the same in, to extend to, £50000 0 0
Item, for some fortifications made at Tantallon and a watch kept there and at the Bass and Linton Bridges, £700 0 0
Item, for two ships sunk in Clyde to stop the passage of the English (some having come in before) valued at, £600 0 0
Sum total £514128 9 0
The kingdom of Scotland have sustained divers other great burthens of this nature which we willingly undergo by ourselves, and do represent the same to consideration that your Lordships may conceive how much we are thereby disabled to bear any so great a part of the burthen as we would willingly otherwise have undergone. As first, the particular charges sustained by the nobility, gentry and boroughs of the kingdom by reason of the late troubles and armies which shall be made to appear to be above, £100000 0 0
Item, the neglect and oversight of their particular fortunes can be no less than the aforesaid sum of, £100000 0 0
Besides expeditions in the north that cost above, £10000 0 0
The stop of trade anno 1639 was of prejudice to Scotland above, £50000 0 0
Eighteen thousand pounds per month will not defray the charges of our armies at Newcastle and in Scotland, besides the £850 per diem which we receive from the Northern Counties.
There was furnished by the several shires of the kingdom 2000 baggage horses for carrying victuals to the soldiers they sent out, and above 1000 were bought for carrying the commanders' baggage, of which above 1000 have been lost in England and have perished in the journey. And of 500 horse and 100 oxen for the cannon the half is also lost, which loss will amount to above, £6500 0 0
Many of the 2500 troop horses were cost at several prices by the sheriffs and will lose on them partly by death partly by decay above. £5000 0 0
Total of their last Articles £271500 0 0
7 January, 1640. Ad. Blair.
7⅓ pp. (131. 82.)
[For another copy see Cal. S.P. Dom., 1640–41, p. 412. This document is referred to in Baillie Letters and Diaries, 1, 289, and in Gardiner's History, IX, 261 note, but does not seem to be anywhere printed.]
Treaty with the Scots.
1640–41, January 7. "Scotch Commissioners' preamble to their sixth demand concerning their losses and charges."
Concerning our sixth demand, although it has often come to pass that those who have been joined by the bonds of religion and nature have suffered themselves to be divided about the things of this world; and although your adversaries, who no less labour the division of the two kingdoms than we do all seek peace and follow after it as our common happiness, to [sic: do] presume that this will be the partition wall to divide us and to make us lose all our labours taken about the former demands, wherein by the help of God, by his Majesty's princely justice and goodness, and your Lordships' noble and equal dealing we have so fully accorded, and to keep us from providing for a firm and well grounded peace by the wisdom and justice of the Parliament of England, which is our greatest desire expressed in our last demand; we are still confident that as we shall concerning this article represent nothing but what is true, just and honourable to both kingdoms, so will your Lordships hearken to us and will not suffer yourselves by any slanders or suggestions to be drawn out of that straight and safe way wherein we have walked since the beginning.
It is now to suppose [sic] known to all England, especially to both Houses of Parliament, and by the occasion of this treaty more particularly to your Lordships, that our distresses in our religion and our liberties were of late more pressing than we were able to bear, that our complaints and supplications for redress were answered at last with a terror of an army, that after a pacification great preparation was made for war, whereby many acts of hostility were done against us both by sea and land, the kingdom wanted administration of justice and we constrained to take arms for our defence: that we were brought to this extreme and intolerable necessity either to maintain divers armies upon our borders against invasion from England and Ireland, still to be deprived of all the courts of justice, and not only to maintain so many thousands as were spoiled of their ships and goods, but to want all commerce by sea to the undoing of all merchants, of sailors and many others who lived by fishing and whose callings are upholden from hand to mouth by sea trade. Any one of which evils is able in a short time to bring the most potent kingdom to confusion, ruin and desolation; how much more all three at one time combined to bring the kingdom of Scotland to be no more a kingdom? Yet all these behoved us either to endure and under no other hope than the perfect slavery of ourselves and our posterity in our souls, lives and means; or to resolve to come into England, not to make invasion nor with any purpose to fight except we were forced: God is our Judge, our actions our witnesses, and England now acknowledges the truth against all secret suspicions to the contrary and against impudent lies of our enemies; but for our relief, defence and preservation which we will find by no other means when we had assayed all means and had at large expressed our pungent and pressing necessities to the kingdom and Parliament of England. Since therefore the war on our part, which is no other but our coming into England with a guard, is defensive, and all men do acknowledge that in common equity the defendant should not be suffered to perish in his just and necessary defence, but that the pursuer whether by way of legal process in time of peace or by way of violence and unjust invasion in time of war ought to bear the charges of the defender, we trust your Lordships will think it not against reason for us to demand some reparation of this kind; and that the Parliament of England, by whose wisdom and justice we have expected the redress of our wrongs, will take such course as both may in reason give us satisfaction and may in the notable demonstration of their justice serve most for their own honour.
Our earnestness in following this our demand does not so far wrong our sight or make us so indiscerning as not to make a difference between the kingdom and Parliament of England, which did neither discern nor set forward a war against us, and that prevalent faction of prelate and papist who have moved every stone against us and used all sorts of means not only for their Councells [sic: Councils ?], subsidies and forces but their kirk canons and prayers for our utter ruin, which makes them obnoxious to our just accusations and guilty of all the losses and wrongs which this time past we have sustained. Yet this we desire your Lordships to consider, that the Estates of the kingdom of Scotland being assembled did endeavour by their informations, declarations, and remonstrances, and by the proceedings of their Commissioners to make known unto the Council, Parliament and kingdom of England, and to forewarn them of the mischief intended against both kingdoms in their religion and liberties by the prelates and papists, to the end that our invasion from England might have been prevented if by the prevalency of the faction it had been possible. And therefore we may now with a greater reason and confidence press our demand that your Lordships, the Parliament, the kingdom and the King himself may see us repaired in our losses at the cost of that faction by whose means we have sustained so much damage, and which except they repent will find sorrow recompensed for our grief, torment for our toil, and an infinitely greater loss for their corporal losses they have brought upon a whole kingdom which was dwelling by them in peace.
All the devices and doings of our common enemies were to tear down the truth of religion and the just liberty of the subject in both kingdoms. They were confident to bring this about one of two ways, either by blocking us up at sea and land to constrain us to admit their will for a law both in kirk and policy, and thus to make us a precedent for the like misery in England; or by their invasion of our kingdom to compel us furiously and without order to break into England, that the two nations once entered in a bloody war they might fish in our troubled waters and catch their desired prey. But as we declared before our coming we trusted that God would turn their wisdoms into foolishness and bring their devices on their own pates by our intentions and resolutions to come into England as among our brethren in the most peaceable way that could stand with our safety in respect of our common enemies, to present our petitions for settling our peace by a Parliament in England, whereas the intentions and actions both of your adversaries and ours might be brought to light, the King's Majesty and the kingdom rightly informed, the authors and instruments of our divisions and troubles punished, all the mischief of a national and doubtful war prevented, and religion and liberties with greater peace and amity than ever before established against all the craft and violence of our enemies. This was our declaration before we set our foot into England, from which our deportments since have not varied: and it has been the Lord's wonderful doing by the wise counsels and just proceedings of the Parliament to bring it in a great part to pass and to give us lively hopes of a happy conclusion. And therefore we will never doubt but that the Parliament in their wisdom and justice will provide that a proportionable part of the costs and charges of a work so great and so comfortable to both nations be borne by the delinquents here, that with a better conscience the good people of England may set [sic] under their vines and figtrees refreshing themselves, although upon our greater pains and hazard yet not altogether upon our cost and charges which we are not able to bear, as will appear by the annexed schedule.
The kingdom of England knows and confesses that the innovation of religion and liberties in Scotland was not the principal design of our common enemies, but that both in the intention of the two works [sic: workers ?] whose zeal was hottest for settling their devices at home and in the condition of the whole work make us, who they conceived to be the worker for opposition, to be nothing else but a leading case for England, and that although by the power of God which is made perfect in weakness they have found among us greater resistance than they did fear or either they or ourselves could have apprehended, yet as it has been the will of God that we should endure the heat of the day, so in the evening the precious wages of the vindication of religion, liberties and laws are to be received by both kingdoms, and will enrich, we hope, to our unspeakable joy the present age and the posterity with blessings that cannot be valued and which the good people of England esteem more than treasures of gold and willingly would have purchased with many thousands. We do not plead that conscience and piety have moved some men to serve God upon their own cost, and that justice and equity have directed others where the harvest has been common to consider the pains of labouring and the charges of sowing; yet this much may we say, that had a foreign enemy intending to reduce the whole island into popery made the first assult upon our weakness, we nothing doubt but the kingdom of England from their desire to preserve their religion and liberties would have found the way to bear with us the expense of our resistance and lawful defence. How much more, being invaded although not by England yet from England by common enemies seeking these same ends, may we expect to be helped and relieved ?
We will never conceive that it is either the will or the weal and honour of England that we should go from so blessed a work after so many grievous sufferings bearing on our backs the insupportable burdens of so many worldly necessities and distresses, return to our own country empty and exhausted, in which the people of all ranks, sexes and conditions have spent themselves, the possessions of every man who devoted himself heartily to this cause, or burdened not only with his own personal and particular expense but with the public and common charges; of which if there be no relief neither can our kingdom have peace at home nor any more credit for commerce abroad, nor will it be possible for us either to aid and assist our friends or to resist and oppose the restless working and wickedness of our enemies. The best sort will lose much of the sweetness of the enjoying of their religion and liberties, and others will run such ways and indirect courses as their desperate necessities will drive them into; we shall be but a burden to ourselves, a vexation to others of whose strength we desire to be a considerable part, and a fit subject for our enemies to work upon for obtaining their now disappointed but never dying desires.
We will not allege the example of other kingdoms where the losses of just and necessary defence have been repaired by the other part, nor will we remember what help we have made according to our ability to other reformed Kirks, and what the kingdom of England of old and of late has done to Germany, France and Holland; nor do we use so many words that England may be burdened and we eased, or that this should be a matter of our covetousness and not of their kindness and justice; justice in respect of our adversaries who are the causes of our great misery and necessity to which we have been brought; kindness in the supply of our wants, who have been tender of the welfare of England as of our own, that by this equality and mutual respect both nations may be supported in such strength and sufficiency that we may be the more serviceable to his Majesty and abound in every good work both towards one another and for the comfort and relief of the reformed kirks beyond the seas, that we may all bless God and that the blessing of God may be upon us all.—Ad. Blair, 7 January, 1640.
10 pp. (131. 86.)
[Another copy of the above is amongst the Marquis of Bath's papers; see Historical MSS. Commission Report, IV, app. p. 249.]
Treaty with the Scots.
1640–41, January 7. Two papers:
(1) "Lords Commissioners' question upon the sum demanded by the Scotch Commissioners for charges."
Whether this be a positive demand or only an intimation of the charge, thereby to induce the kingdom of England to take your distressed estate into consideration and to afford you some friendly assistance.—7 January, 1640.
¼ p. (131. 91.)
(2) "Answer of the Scotch Commissioners to the question of the Lords Commissioners concerning the sum demanded for their charges."
We would be no less willing to bear the losses if we had ability than we have been ready to undergo the hazard. But because the burden of the whole charges far exceeds our strength we have (as is more fully contained in our papers) represented unto your Lordships our losses and charges, not intending to demand a total reparation but of such a proportionable part as that we may in some measure bear the remanent; which we conceive your Lordships (having considered our reasons) will judge to be a matter not of our covetousness but of the justice and kindness of the kingdom of England.—Ad. Blair, 7 January, 1640.
½ p. (131. 91.)
Resolution of the House of Commons.
1640–41, January 22. To give friendly relief towards the losses and necessities of the Scots, and in due time to take into consideration the measure and manner of it.
⅓ p. (131. 93.)
[Printed in Commons' Journal, II, 71. See also Cal. S.P. Dom., 1640–41, p. 426.] Subjoined: (1) The Scotch Commissioners' Answer to the above resolution. 26 January, 1640. Copy. 1 p.
(2) "Proposition of the Lords Commissioners to the Scots for proceeding in the treaty during the debate of their losses in Parliament." 26 January, 1640. ½ p.
(3) "Answer of the Scotch Commissioners to the Lords' proposition for proceeding in the Treaty." 26 January, 1640. ¾ p.
[The above three papers are printed in Lords' Journal, IV, 145. For other copies see Cal. S.P. Dom., 1640–41, p. 426.]
Treaty with the Scots.
1640–41, February 10. "Scotch Commissioners' proposition concerning the eighth and last demand."—10 February, 1640.
For the dismantling of the fortifications at Berwick and Carlisle.
1 p. (131. 97.)
[Printed in Lords' Journal, IV, 159.]
Receipt.
1641–42, February 14. Receipt from Patricke Cocke for the half year's rent of the manors of Bevall and Selston, co. Nottingham, £225:11:3; the free rents of the same manors, 19/3; and parts of the profits of the rectory of Greasley, £30; allowing £1:16:8 for the tenths he paid for Bevall and £1:2:0 for the expenses of a journey to London, the total sum remaining comes to £253:11:10.
Endorsed: "A coppie of Partric Cockes acquitt. for money by mee received 14° Januar. 1641." ¾ p. (200. 119.)
Adam Blair.
1640–41, March 1. "Wee desire that your Lordship may be pleased to shew unto his Matie and the Parliament that in our last paper, 24 Ffeb, our intention and desire was meerly to vindicat our selfes and our actions from certaine aspersions, and to remove some jealousies and suspecions which by an new devise of our enemies were without cause raysed against us, and to our great discontent did often fill our eares. This wee did conceave to be a necessarie dutie on our parte, feareing that such misreports might take place in the minds of those who did not know our innocencie. And considering that our actions might be wreasted to a sense contrary to our honest meaning, and tending to the very greate prejudice of the waighty affaires with which wee are intrusted from a whole kingdome, and haveing cleared our selfes and satisfied our brethren and freinds, wee had all that in this wee did desire. But as the printing of that paper had no warrant nor order from us who have no power to command or forbidd the presse, soe was it fare from our intentions either to give unto his sacred Matie the least cause of offence or to stirr sedition or make the smalest trouble in the Church or kingdome to which wee heartily wish all true peace and happines; or to streatch our selfes beyond our line, and to prescribe and give rules for reformation, whether in Church or policie, which cannot be expected but from his Maties owne royall considerations and from the wisedome and justice of the representative body of the kingdome now setting in Parliament, in whose affaires wee desire to have no further hand, but in soe fare as they may concerne us and the peace betwixt the two kingdomes. What evills our religion had suffered by the Bishopps of England from the long experience of our Church ever since the tyme of reformation, wee did in some measure expresse before in our charge against Canterbury. And what wee have further in comission to propose for preventing the like evills afterwarde and for setling of a firme and happy peace and nearer union betwixt the kingdomes, which is and shalbe the chiefest of our desires, shall in the owne place be remonstrate in such a way as may best give satisfaction and be furthest from all cause of offence."—Primo Martii, 1640.
Signed: Adam Blair. 1½ pp. (General 72/8.)
Treaty with the Scots.
1640–41, March 9. "Index of the remanent heads contained in the eighth demand for establishing of a firm and durable peace."
Signed: Ad. Blair. 9 March, 1640.
2 pp. (131. 98.)
[Printed in Cal. S.P. Dom., 1640–41, pp. 513, 514, but under date March 26, which was probably the date of the Answer given by the English Lords Commissioners. See Lords Journals, IV, 216.]
Councillors and Officers of State in Scotland.
1640–41, March 15. "Scotch Paper for placing Councillors and Officers of State in Scotland by advice of Parliament."
Since the many and weighty [affairs] of the kingdom of England will take up the greater part of his Majesty's time that he cannot make so long abode in Scotland as we do heartily wish and desire, we are the more confident that his Majesty from his natural love and royal care of that his native and ancient kingdom will in his wisdom think upon such ways of government as may be with least trouble to his Majesty and with greatest peace and comfort to his subjects. And since his Majesty has been graciously pleased to declare that all matters civil shall be there determined by Parliament and other inferior judicatories established by law, we do humbly remonstrate and desire that his Majesty may be pleased to make choice of his councillors and officers of estate by the advice of the Estates convened in Parliament. And if any office of estate shall happen to "vaik" [become vacant] and must be provided in the interval of time betwixt the sittings of the Parliament, that it may be done by his Majesty with advice of the Secret Council; and that both councillors and statesmen be liable for the discharge of their duty to his Majesty and the Parliament's trial and censure, that so far as is possible all the ways of ambition and corruption may be stopped. It is in like manner our humble desire that the Senators of the College of Justice, who minister justice to all the subjects, may be chosen by his Majesty with advice of the Parliament. And because these places cannot "vaik" long without prejudice to the lieges, that the places which shall happen to be "vaikand" betwixt Parliaments may be provided by his Majesty with advice of the whole House. And lest they be removed when now they have acquired by experience the best abilities for acquitting themselves in their places, which require skilled men in the laws and practice of the country, that they be provided ad vitam or ad culpam. We do not delight to fill again his Majesty's ears with the repetition and resentment of our pressing but now by past evils, which in a great part have issued from the corruption of the fountains of counsel and justice, but do only represent that this is agreeable to the order and practice observed by his Majesty's progenitors before the coming of King James into England; and that in the disposing of these places which so highly concern the whole kingdom, his Majesty in his absence may have more sound and impartial advice from the whole body convened in Parliament than from any one or more particular members.—15 March, 1640. Ad. Blair.
2 pp. (131. 99.)
Church Government in Scotland.
1640–41, March 15. "In making our proposition concerning unity in religion and uniformity of Church Goverment as a powerfull meane of conserving peace, we have acknowledged, as we do still acknowledge, that no reformation can be expected but from the wisedome and authority of the Kings Matie and of the houses of Parliament. And have sayd very much to free ourselves of all suspition or prescribing rules of reformation. And if we could conceave what more ought to be sayd for manifesting our intentions, we would willingly add it, that there might be no mistaking. Yet with the making of our proposition, we could do no lesse then render the reasons upon which we do conceave that the peace shall not be so durable as we wish it may be unlesse there be an uniformity of Church goverment:
(1) Because the reasons which we bring are so many witnesses of the truth of our intentions, and earnestnesse of our desires to have a firme peace established.
(2) Because experience hath taught us that all the troubles of the kingdoms have issued from the diversity of Church goverment; and our feare is that the same fountaine, unlesse it be dryed up, shall send forth the same streames, and that no limitation shall be able to keepe it from swelling above the bankes.
(3) The same meane of union hath been assayed by King James of happy memory.
(4) We have sayd nothing in the reasons of our proposition, but what for substance is contayned in our former papers since the beginning of the treaty.
We know that the goverment of the Church is setled heer by lawes, and therefore present our desires to the King and houses of Parliament, who have the legislative power, that if they who have the power to make lawes in their wisedome shall thinke it necessary to repeale any law, or to make any alteration for the more near uniting of the kingdomes, and from respect to the supreame law which is the safety of the people, they may take the same into their consideration and do what they judge convenient.
Thus far we could not thinke the presenting of our desires unfitt, both because the Parliament hath now in their consideration the setling of the peace of the Church, and because in former times they have made such alterations in their lawes as in their wisedomes they thought fitt for the reformation of religion. And as we would not at all have made any such motion if the peace betwixt the two kingdomes had not craved it at our hands, so could we do no lesse then shew how reasonable we conceaved the motion to be, and how conduceable for the end, leaving allwayes the determination unto the wisedome and care of the King and kingdome. Which way of proceeding is so agreeable to reason and common equity that it cannot be interpreted to be a distruction of the establisht goverment or against the duty of Commissioners, his Mats subjects, who could neither answear to the King or to the kingdome which hath entrusted them if they should have pretermitted that which they thinke, and is universally knowne to be, the principall preservation of peace.
We desire that a difference may be made betwixt the divulging of discourses to stirre up the people against the lawes of the kingdome, which hath been as far from our actions as it is against the duty of Commissioners, especially his Maties subjects: and upon the other part, the presenting in an humble and peaceable way before the King and Parliament such things as are judged necessary for a firme peace, a duty which we cannot omitt. Because as your Lordships have your commission from the King and Parliament, so is our commission to treat with both, that not onely peace between the King and the subjects but betwixt the two kingdomes may be setled by advice of the houses of Parliament, and by their care also may be in all time comming preserved; and without which we cannot thinke ourselves secured. And since both the houses have called for all the heads and articles contayned under the eight demand, and we have exhibited them onely by way of index, we conceave it to be incumbent to us to propone our meaning in so many of them as concearne both nations, and the reasons which moved us to demand them to both the houses of Parliament. And therefore we must still entreat that as your Lordships have shewed our desire concerning this meane of peace to his Matie, you may be pleased also to shew the same to the honourable houses of Parliament, that we may report their answear to those that have entrusted us."—15 March, 1640. Ad. Blair.
Endorsed: "The Scotch Commissioners replie to the Lords Commissioners answeare concearning uniformitie of Church goverment."—15 March 1640. 2½ pp. (206. 106.)
Treaty with the Scots.
1640–41, March 16. Paper presented by the Scottish Commissioners to the English Lords Commissioners representing the wants of their army and desiring speedy payment of the 300,0001 granted by Parliament for their relief.
1½ pp. (131. 100.)
[Printed in Cal. S.P. Dom., 1640–41, p. 503.]
Treaty with the Scots.
1641, March 29. "Scottish Commissioners' paper [addressed to the English Lords Commissioners] concerning commerce and trading."
Your Lordships know that by the liberty of commerce and trade the blood has run through the veins of all his Majesty's dominions for the greater fulness and better nourishing the whole body, which in a short time may be a repairing of the losses of both kingdoms; and we are commanded for the same end to represent the particulars following, which in the midst of your so many and weighty affairs we have expressed nakedly, leaving the reasons to their own wisdoms, yet being willing where it shall be needful to render the reasons for each proposition, and withal desiring the answers of these our demands at your Lordships' first opportunity, that they who have sent us being acquainted with them and returning their answer, which will take some time, we may report the same, and having these and all other matters concluded we may be "timously" dispatched for attending the diet of the Parliament so often prorogate, which is the twenty fifth of May.
(1) Since by the laws, liberties and continual practice of the kingdom of Scotland neither the persons of the subjects of that kingdom nor their ships nor any other vessels whatsoever are subject to pressure, it is desired that it may be enacted in this present Parliament that none of these be pressed by land or sea in any part of the kingdom of England or Ireland, sea ports or harbours thereof.
(2) For better commerce and intercourse betwixt the kingdoms of Scotland, England and Ireland, that it may be now declared lawful to transport all goods and commodities from Scotland to England or Ireland or from thence to Scotland as free of customs and other exactions whatsoever, and in the same case and condition as if they were transported from one port of Scotland to another or from one part or port of England or Ireland to another, with this declaration always that the said mutual liberty, so far as concerns goods prohibited by the laws of either kingdom to be transported to foreign nations, shall only serve for the inward use of the three kingdoms, and the manner of restraint and punishing the contraveners to be considered upon; and that native and foreign commodities not prohibited in the kingdom from whence they are exported may be imported or exported by Scotsmen as freely as by any his Majesty's subjects in England; and so reciprocally in Scotland by the English or Irish.
(3) That the Scottish ships coming from foreign places and arriving in any roads, havens or ports in England or Ireland through tempest or for refreshment or upon whatsoever occasion, and not disloading, may be free to pass or repass without searching or any other impediment; and that if Scottishmen shall load money or whatsoever foreign commodities in any foreign part either in any foreign bottom or in an English or Irish bottom, that it shall be free to the owners thereof and their factors to unload their moneys, goods and commodities foresaid at any port in England or Ireland and to transport the same to Scotland without any impediment to be made. And the English and Irish to have the same liberty reciprocally in Scotland.
(4) If Scottish ships or any other vessels laden with goods pertaining to Scottishmen, going to or coming from any foreign nation, shall arrive in any ports of England or Ireland and have necessity to sell a parcel of their said goods, that it shall be lawful to them to do the same and to transport the remanent to Scotland or elsewhere without payment of any custom but for so much as they shall sell; and the English and Irish to have the like liberty reciprocally in Scotland.
(5) In respect of the great detriment sustained by his Majesty's subjects by those of Dunkirk and other pirates robbing their goods, taking their ships and wronging the persons of their men, that some solid course may be taken for preventing the like in time coming, so that his Majesty's subjects may have free trade hereafter; and that the Scottish ships passing to France, Holland or other parts may have a safe convoy of the King's Majesty's ships as the English and Irish have.
(6) Since there can be no greater mark of mutual amity betwixt the kingdoms than a fair and peaceable conversing at home and abroad, it is craved of his Majesty and the Parliament of England that where the English have any out trade and dealing in any foreign places, that it may be free to Scottishmen to out trade and deal in the same places without any impediment to be made by the English or Irish; the English or Irish to have the like liberty in the out trade of Scottishmen in foreign places.
(7) That Scottishmen be not debarred from being associated in companies within the kingdoms of England and Ireland upon such conditions as the English or Irish are admitted; and this to be reciprocal for England or Ireland in companies and associations in Scotland. And because there are not as yet such manufactories erected in Scotland as are necessary, and the trade of fishing which is one of the greatest benefits in his Majesty's dominions is not yet brought to perfection, it is fit that by mutual concourse of both kingdoms such course be taken as may best bring the trade of manufactories of Scotland, and fishings within all his Majesty's seas, to perfection; and for that end that commissions be directed by the King and the Parliaments of both kingdoms to treat upon such means and conditions as may subsist with the freedom and liberties and may best conduce for the benefit of his Majesty's dominions.
(8) That his Majesty and the houses of Parliament will take to their consideration the exorbitant customs, exactions and other rigorous dealings (whereof the particulars are set down in a note herewith given in) taken and used by the King of Denmark both of the Scottish, English and Irish and others his Majesty's subjects passing the Sound; and that some course may be taken for reducing the said exaction to some reasonable and constant measure, and for liberation of his Majesty's subjects from the rigorous dealings in time coming.
(9) That the mutual communication betwixt the nations may be not only in commerce, but also in their other benefit and privilege of natural born subjects, it is requisite that as all subjects of either of the kingdoms are by the common laws of both, so they may be declared capable and enabled to obtain, inherit and possess all lands, goods, dignities, offices, liberties and benefits, ecclesiastical or civil, in Parliament and all other places of the said kingdom without any exception whatsoever, as fully as the subjects of either realm may do in any sort within the kingdom where they are born; providing that no Englishman who has a title or dignity in Scotland shall have voice in the Parliament of Scotland unless he have lands and heritage worth and paying of yearly rent to the value of 5001 sterling in Scotland; and reciprocally that no Scottishman having title or dignity in England have voice in the Parliament of England unless he have the like proportion of heritage or yearly rent in England. Like as seeing the near union and hearty conjunction of both kingdoms is earnestly desired in all things, and that the subjects of Scotland and England may have the privilege of natives in both kingdoms, it is also desired for eschewing of all contest in time coming that the nobility of all degrees have place at all occasions according to their several degrees and dignities in their own kingdoms; as that all the Earls of Scotland have preference before all the Earls of England in the kingdom of Scotland and all the Earls of England the like preference before all Earls of Scotland within the kingdom of England. And of all other dignities above and beneath the dignity of an Earl as has been customable since King James's coming into England.
(10) That in England and Ireland faith be given to decrees or registrate bonds and contracts in Scotland being extracted and subscribed by the Clerk with a testificate under the hand of the Judge or [blank] of the judicatory, declaring the same to be authentic, without production of the principal writs or other grounds whereupon the decrees proceeded, or of the principal bonds or contracts, which do and must remain in the public Registers of the kingdom; and that the Judges of England or Ireland upon suit or supplication made to them by Scottishmen upon the foresaid decrees, registrate bonds and contracts shall be tied to interpone their sentence and authority against the parties, being lawfully warned and heard upon their defences whereby they may "elide" the decrees, registrate bonds and contracts; and thereafter to proceed in execution according to the laws and custom of the kingdom where the suit is made. The like to be observed reciprocally in Scotland for execution of decrees given in England and Ireland and in pursuits resulting thereupon.
(11) As the several jurisdictions and administrations of justice in either realm may be frustrated by delinquents for their own impunity, if they commit any offence in the one realm and thereafter remove their persons and make their abode in the other, therefore that no person censured by the Parliament of either nation as incendiaries betwixt the nations or betwixt the King and his people shall enjoy any benefit civil or ecclesiastical, or have any shelter or protection in any other of his Majesty's dominions. Like as where malefactors and criminals guilty of the crimes mentioned in the Act of Parliament 1612, cap. 2. and others of that nature and committed by Scottishmen within the kingdoms of England or Ireland or any parts thereof are taken or apprehended in England or Ireland, that it shall be lawful to the justices of England or Ireland to remand them to sea or land, as the Act bears. And further, if any malefactors committing crimes in Scotland, England or Ireland being duly processed in the kingdom where the crimes are committed, and being fugitives or remaining in any other of the kingdoms foresaid, that the Judges of either kingdom shall be holden at the instance and suit of the party offended to take and remand the criminals and malefactors to the kingdoms where the crimes were committed. The like Act to be made in Scotland. And this would be extended as well to debts as crimes. And what further is requisite concerning this and other particulars for settling of peace of the middle shires and accelerating justice upon delinquents both in civil and criminal causes is to be considered by the Committee for that effect.— Ad. Blair, 29 March, 1641.
Copy. 7 pp. (131. 158.)
[This paper is referred to in Lords' Journals, IV, 216.]
Treaty with the Scots.
[1640–41, March]. "Concerning our [the Scots'] demands."
That there may be no mistaking of our meaning, we desire that when the relation shall be made to the Houses of Parliament the papers themselves which contain our demands may be read; and if at the reading any doubt shall arise or any exception [be] made against any particular, we desire to be acquainted therewith in writing that we may give all possible satisfaction thereto in the same manner.
The articles now exhibited to the Houses of Parliament are of three sorts.
The first are such as were intended by us for the King's Majesty and not for the Parliament, as the article concerning the choosing the Council and Session, which concerns the kingdom of Scotland only, and of which from our laws and practices we have sufficient ground as we shall be ready to make manifest; and two other articles concerning the coming of the King and Prince into Scotland at some times, and concerning placing of some Scottishmen in places of service about them and the Queen, which we hope shall be found just and reasonable when our case shall be considered as if it were their own, and the reasons moving us to demand them shall be equally weighed.
The second sort are such as cannot presently be determined but must be considered by Commissioners chosen by the Parliaments of the two kingdoms. Such are some particular articles of trade, but the principal articles of trade proponed by us may after conference of a Committee be presently determined, they being agreed upon already at the treaty of the union, with some few exceptions which have not been observed and by experience since that time have been found inconvenient; and likewise the article of remanding was then agreed upon, has been in practice since at the borders and is still necessary for them.
The third sort is such as are proponed to the present consideration of the Parliament; as the Act of Oblivion with the exception of the incendiaries cited before the Parliament of Scotland and reserved already in the treaty, which could no more have the benefit of the Act of Oblivion nor the incendiaries and disturbers of peace here could be passed in silence.
In the article concerning naturalization, it would be remembered that the same is acknowledged by the sentences of all the Judges of England already in Calvin's case, with the laws and reasons thereof set out in Coke's Reports and Elismore's book of Postnati: and the same was agreed totidem verbis in the treaty for the union betwixt the nations, like as we have the same privilege by the law in France, and in this kingdom by continual custom since King James's entry into England.
In the article concerning war with foreigners, as we do no ways thereby intend to trench upon his Majesty's prerogative and have not conceived the article positive but alternative, so in common equity and reason we ought not to be prejudged [prejudiced] by the wars made by the kingdom of England without our consent, especially since the laws and customs of undertaking war with foreigners may be different in the two kingdoms, and the like article is usual in leagues fully offensive and defensive betwixt nations.
The article concerning unity in religion, where we propone our earnest wishes and desires, and express our just fears, with the reasons moving them, but far from prescribing rules for reformation of religion and resolving to rest in the answer of the Parliament, we being secured in our religion.—Undated.
Endorsed: "March 1640." 2 pp. (131. 101.)
An Act of Oblivion.
1641, April 1. "Scottish Commissioners' paper for conserving of peace betwixt both kingdoms."
Signed: Ad. Blair, primo Aprilis, 1641. 6 pp. (131. 162.)
This with considerable variations is printed in Rushworth's Collections, III, pp. 270–372. The most important variations are as follows:
(1) The passage in Rushworth beginning p. 370, line 11 from foot—"Providing that the benefit of the said Statute" to p. 370, line 1—"outlaws nor their receptors" is omitted and in place appears the following:—
"Providing always that these presents and the said Statute shall be without prejudice of any process intended or to be intended against these persons against whom public complaints in name of the kingdom have been made for bribery, pernicious counsel or information given to the King, for sowing sedition betwixt his Majesty and his subjects, or for such other causes as are contained in the summons by which they are cited to appear and answer before the Parliament of any of the kingdoms respectively."
(2) For Rushworth p. 371, line 26 from foot—"provided that this be not extended to particular quarrels upon the Borders" to line 5 from foot—"articles of peace in this treaty" is substituted:
"And if either kingdom being required shall refuse to concur with the other to that effect, the kingdom refusing shall be holden to refund the losses which the kingdom requiring shall sustain by that rising in arms and making of war.
Seeing wars made by any of the kingdoms against any foreign nation do make both nations, by reason of their union under one head, liable to the hazard of the war both by sea and land, it is craved that the King and kingdom of England or Ireland shall not make war against foreigners without consent of the Parliament of Scotland; and in like manner the King and kingdom of Scotland shall not make war against foreigners without consent of the Parliament of England; and if his Majesty and any one of the kingdoms shall do 'in the contrair' the kingdom so doing shall be bound to refund the losses the other kingdom shall sustain thereby.
For like reasons it is necessary that no alliance or confederacy be made by either kingdom without consent of the other, at least unless they be taken in the same alliance with the makers thereof.
It is fit for the greater strength and safety of both kingdoms that they mutually assist one another against all foreign invasions, and the particulars of this mutual concourse are given in herewith.
That the peace to be now established may be inviolably observed in all time; trial would be taken in the triennial Parliaments of any wrongs done by either nation to others and commissioners appointed from both to treat there anent. These commissioners shall also try what differences arise betwixt his Majesty and the subject, who have given bad counsel to either, who have been incendiaries or encroached upon the King's power or liberties of religion and country, that the same may be remonstrated to the Parliaments. Like as some constant and select commissioners would be chosen by the King and Parliaments of both nations, either of the Council or others as they shall think fittest, who in the interval betwixt Parliaments may have power jointly to try where any differences arise, where wrong is done, and to redress the same if they can, otherwise to remonstrate the same to the ensuing Parliaments."
(3) And for the concluding paragraphs in Rushworth from p. 372, line 24—"this whole article" to the end of the page appears the following:—
"Besides these last particulars we do not remember any further demand, and therefore now desire and expect a 'timous' answer unto all our propositions, as well concerning unity of religion in his Majesty's dominions as the rest, that the Treaty being concluded we may in time repair to the Parliament."
[The document is referred to but not printed in Lords' Journals, IV, p. 216. See also Cal. S.P. Dom., 1640–41, pp. 513–15.]
Treaty with the Scots.
[1641, April 12].
Endorsed: "Answer [of the English Lords Commissioners] to the Scotch Commissioners' large paper concerning uniformity of church government." Draft. 1 p. (131. 156.)
[Printed together with the "Index of the heads of the eigth demand of the Scots" in Cal. S.P. Dom., 1640–41, pp. 514, 515 under date 26 March, 1641. But from the Lords' Journals, IV, 216, coupled with the above endorsement, this would appear to be the Lords Commissioners' reply to the second or "large" paper of the Scottish Commissioners on Uniformity of Church Government, and should therefore be dated 12 April, 1641, as stated in Lords' Journals ut supra.]
Munitions and Military Forces of Dorsetshire.
1641, May. "A survey of the munition of the county of Dorset and of the Castles and blockhouses there taken by Sir Walter Erle, May 1641."
The county's store at Dorchester Iron Ordnance Barrels of Gunpowder Iron Shot Match
Lead, 3250lb Demiculverins 2 38 100 Puncheons 5
Sacres 2 very old but indifferently serviceable or thereabout of several heights old but being dried will be serviceable
Minions 1
newly mounted another unserviceable
Lyme Demiculverins 3 100 100 lb
Sacres 2 or near that number of several sizes
of brass, minion 1 falcon 1
all but one unmounted
Weymouth and Melcombe Demiculverins 14 150 30 lb
Sacres 8 of several sizes
all newly mounted
Poole Short sacres 4 5
weakly mounted
Portland Culverin 1 6
The platform wholly decayed and gone, the leads, etc, begin to perish, no place left for the ordnance, but only the gunroom Demiculverins 3 mounted, of these 3 are badly mounted 2 culver. 6 demiculv. and 1 sacre unmounted old since '88 100
of several sizes
Sandsfoot. The like save only that it hath a little platform at the foot of the Castle Culverin 1 3 120
Demicul. 2 old since '88 of several sizes
1 culv, 4 demiculv. 2 sacr. 2 falcons unmounted
Brownsey. The like 1 brass sacre and 1 brass falconet unmounted. 3 old iron pieces unserviceable.
1 p. (131. 165.)
Military Forces of Dorsetshire.
1641, May. "A survey of the military forces of the county of Dorset, both horse and foot, taken upon certificate from the several captains by Sir Walter Erle, May, 1641."
Captains Cuirassiers
Troops of Horse 2 Thomas Hussey, Esq 49 The arms, etc
Angel Graye, Esq 54 not complete
Captains Musketeers Pikemen
Foot Companies 14 Phelips 88 68
Swayne 82 61
Fry 75 80
Ryves 83 71
Radford 88 46
Fitzjames 74 70
Freke 69 56
Hardy 67 65
Hussey 123 79
Hoskins ? 100 ? 80
Larder 80 40
Sydenham 70 54
Goolde 116 55
? Dorchester and Puddletown ? 80 ? 75
1200 900
Sum total of the trained bands besides the port towns 1200
900
2100
The Port Towns 3 Lyme Regis 30 20
Weymouth and 143 28
Melcombe 45
218 48dry
The Isle of Portland about 40 258
258 306
2100
306
Sum total 2406 besides the scattered untrained men of each division which they call the troop.
The Isle of Purbeck which claims an exemption has 201 63dry
2406 201
264 63
2670 264
Of all sorts, 3000
1 p. (131. 166.)
Treaty with the Scots.
[1641, ? May]. As we never did doubt of an Act of Oblivion to be agreed upon at this time, it being in such cases usual and so necessary that without it there can be no pacification but a cessation only, which is not enough to remove the fears and jealousies betwixt the King and his subjects, neither uses any kingdom necessitated to take arms for just defence to cast them away again until all bygone acts of hostility and resentment of wrongs be buried in oblivion; and if there be not an Act of Oblivion to the subjects that they may have the Parliament's approbation for their security, [they] must crave the Parliament to examine the reasons and occasions of their actions, which to examine exactly may serve less for his Majesty's honour and may prove an hindrance of peace; and as an Act of Oblivion was presupposed from the beginning of this treaty, was offered and accepted in the first article and transferred to our last demand with express reservation of the trial of incendiaries, so do we ever conceive that the act must be reciprocal for both sides and universal for all persons whom it may conceive [sic: concern] for all time to come.
Those who are cited and shall be found by the Parliament to be incendiaries are excepted from the benefit of the Act, not that we conceive the Act shall contain any such exception, for the Act must be absolute; nor will any exception be needful since the process of the incendiaries will be discussed before the oblivion can be enacted. But the exception is expressed only to prevent mistaking, lest any of those who are cited for incendiaries should misapply the same to themselves as intended for their benefit, which were indeed a great mistake; for (1) that were to suppose the 8th of our demands which is for settling of a peace, to be contrary to the 4th which in name of the Parliament craves incendiaries to be tried and punished: (2) that were to call all in question again which after long debate is passed in an article long since in the treaty and agreed upon by his Majesty and the Parliament of England, whereof we have rendered an account to those who entrusted us: (3) this misapplying would import that the blame of the late troubles should rest upon the King or kingdom and [not] upon them who ought to bear the blame of that of which they have been the authors: (4) it is contrary to our instructions and to the minds of those who sent us that the incendiaries whose trial and censure the Parliament has judged necessary for their peace be passed from, they being cited to undergo their trial both before and after his Majesty's remitting [them] to the Parliament's judgment: (5) the King's Majesty, holding all his subjects to be equally respected in matter of justice, has granted the like course against the incendiaries in England and Scotland, and what reason is it that the Parliament of Scotland should not be permitted to censure the incendiaries in that kingdom as it is lawful for England to censure theirs?
And as it cannot reasonably be supposed that the incendiaries on the one part are to be included in the Act of Oblivion, so can it not be extended to any who out of the case of their lawful defence and of contributing their endeavours to the public (which is common almost to the whole kingdom) shall be cited before the Parliament for any crime whatsoever.
We cannot therefore apprehend that this motion, so destructive of the former article agreed upon, proceeds from his Majesty or from the [Lords] Commissioners, but from these persons who in the common peace foresee their own deserved trouble, and those rather by adding again fuel to the fire which was kindled by themselves to expose both King and kingdom to hazard than that themselves should abide trial and condign punishment.— Undated.
1 p. (131. 167.)
Treaty with the Scots.
1641, June 9. "Scotch Commissioners' paper to know the Parliament's meaning concerning the Act of Oblivion and the Proviso to be added, wherein the Incendiaries are named."
We desire to know if it be the meaning of the Parliament as we conceive it, that by their assenting unto an Act of Oblivion they approve of the Article given in by us as the matter and ground of the Act of Oblivion; and as they have expressed their exceptions and provisions, if it be not meant that we may also make our own exceptions and provisions as are subjoined to that Article given in by us, or according as they are now expressed in the paper given in herewith.
The proviso referred to above, naming the Scotch Incendiaries. —Ad. Blair, 9 June, 1641.
1 p. (131. 168.)
[Printed in Lords' Journals, IV, 281; and in Commons' Journals, II, 180.]
The Late Conspiracy.
[Before June 19, 1641]. "Interrogatories propounded by the Howse of Commons to Colonell Goring to answer unto concerning the plott, with his answer to the same.
(1) Who was the man that made any motion to you concerning the bringing upp of the army? What were the particulars hee propounded unto you concerning that businesse? By whose directions did he say this to you?
(2) Ffor what intent or purpose was the army to have marched hither?
(3) Had you any meeting or conference with any body else upon this occasion? And with whom ? What were the particulars of that conference ? What followed upon it ? Declare your full knowledge.
(4) Have you heard that any other person besides these you have already named should advise the putting of the army into a posture for service ?
(5) Did you discover this designe to any person and to whom ?
The Answer of Colonell Goring to the Interrogatories propounded by the Howse of Commons.
(1) To the first Interr: hee saith that in Lent last (as he remembers) about the middle of it, Sir John Suckling came to him on Sunday morning as hee was in his bedd. And this Examinate conceiving hee had come to him about some businesse of money that was betweene them, and thereupon falling upon that discourse, Sir John told him hee was then come about another businesse, which was to acquaint him that there was a purpose of bringing the Army to London, and that my lord of Newcastle was to bee Generall, and hee, this Examinate, Lieutenant Generall if hee would accept of it. And further said hee would heare more of this businesse at Court. To which this Examinate answered; well, I will goe to the Court; which was all that passed betweene them at that tyme to the best of this Examinats remembrance.
(2) To the second he cannot depose.
(3) To the third, hee saith that as hee was comeing in his coach out of the Covent Garden, out of St. Martins Lane, hee mett there with Mr Jermyne, who was likewise in a coach, and seeing this Examinate sent his ffooteman to him desiring him to follow him because he would speake with him, which this Examinate did. And Mr Jermyne going a little further alighted and went into a howse (to which howse as this Examinate was yesterday informed Sir John Suckling did usually resort), and whither this Examinate followed him, and comeing after him to the topp of the staires Mr Jermyne said to him hee had somewhat to say to him concerning the army, but that was noe fitt place to speake of; and hee desired him to meet him that evening at the Court on the Queens side. And meeting Mr Jermyne in the Queenes drawing chamber hee was told by him that the Queene would speake with him, and thereupon Mr Jermyne brought this Examinate into the Queens Bedchamber. But before this Examinate could enter into any discourse with the Queene, the King came in and this Examinate did withdraw and went away for that tyme, but returned againe the same night and mett with Jermyne againe in the Queenes side. Hee told him hee must necessarily meete with some officers of the army to heare some propositions concerning the army.
The next day being Munday this Examinate came againe into the Queens drawing chamber where his Matie then was, who was to tell him that his Matie was to speake with him and bidd him repaire to the roome within the gallerie into which roome the King soone after came.
And his Matie asked him if hee was not engaged in any cavale concerning the army, to which hee answered hee was not.
To which his Matie replyed, I command you to joyne with Percie and some others, whom you will fynd with him; and his Matie likewise said, I have a mynd to sett my army into a good posture and am advised to it by my lord of Bristoll; which was the effect of what passed betweene the King and this Examinate at that tyme.
This Examinate afterwards meeting with Mr Jermyne, hee told him that they were to meet that evening at nyne of the clock with Mr Peircy and some others at Mr Peircies chamber. And accordingly Mr Jermyne and hee went thither together, and there found Mr Peircy himselfe, Mr Wilmott, Mr Ashburnham, Mr Pollard, Mr Nevile and Sir John Berkley. Mr Peircy then in the first place tendred an oath to this Examinate and Mr Jermyne, the rest saying they had taken that oath already.
This oath was prepared in writing and was to this effect:
That they should not directly nor indirectly disclose anything of that which should bee then said unto them, nor thinke themselves absolved of the service appointed by this oath or any other oath which should afterwards bee taken by them. Having taken the oath, Mr Percie declared they were resolved not to admitt of any man else into their councell, and Mr Jermyne and this Examinate moved that Sir John Sucklin might bee received amongst them; which being opposed by the rest after some debate was layd aside, and some speech there was of Sir John Suckling his being imployed in the army. But how it was agreed upon this Examinate cannot remember.
After this Mr Peircy made these propositions which he read out of a paper which were to this effect:
That the army should presently bee putt into a posture to serve the King, and then they should send upp a declaration to the Parliament of these particulars, vizt:
(1) That nothing should bee done in Parliament contrary to any former Act of Parliament which was explained.
(2) That Bishopps should be maintained and their votes and functions.
(3) And the Kings revenues bee established.
Ffrom these propositions none of Mr Peircies companie did declare themselves to dissent. Then wee came into consideration if the army should bee presently brought to London, which (as this Examinate remembers) was first propounded by Mr Jermyne, and also the making sure of the Tower.
These things the Examinate did urge to shew the danger and the vanity of the other propositions without undertaking this.
In conclusion this Examinate did protest his having any thing to doe in either designe, for proofe of which hee appeales to the consciences of them that were present, and soe protested with them then about this businesse.
And this Examinate saith they had two meetings and cannot distinguish what passed at the one and what at the other. But the result of all was as hee hath formerly declared, ffurther then which he cannot depose.
(4) To the fourth, hee saith hee can say noe more then formerly hee hath said.
(5) To the 5th, he saith that the very day that Sir John Suckling moved this unto him, hee gave some touch of it to my Lord Dungarven. And the day after his second meeting at Mr Peircies chamber, hee disclosed it to my lord of Newport and desired him to bring him to some other lords such as might have beene likely to prevent all mischeifes.
And accordingly the next day, the lord of Newport brought him to my lord of Bedford, my lord Say and my lord Mandevile, to whom hee imparted the manner of the businesse but not the particulars in regard of his oath, and desired them to make use of it as they should see cause for the safety of the Commonwealth, but not produce him, or name any person unlesse there were necessitie for it.
Hee further saith that hee did at the same tyme make a protestation unto the lords of his fidelitie to the Commonwealth, and of his readiness to runne all hazards for it."—Undated.
122/3 pp. (253. 6.)
The Late Conspiracy.
1641, June 19. "The examination of divers persons of the late conspiracie, June the 19th, 1641.
Mr Ffynes reported from the Committee to the House of Commons the threefold designe of the late conspirators.
The ffirst was to seize on the Tower.
The second, to betray and deliver up Portchmouth to the Ffrench.
The third was against the Parliament, their designe beinge to provoke the army against it.
Captaine Billingesleys examination was read by Mr Hamden, which sheweth that Sir John Sucklinge invited him to the imployment.
And Nutts examination was read by the saide Mr Hamden, which sheweth that the Earle of Straffords escape was practized.
Then the examination of the Luietenant of the Tower was read, which plainelie sheweth that the Ear[l]e of Strafford endeavoured to escape, promiseinge him two and twentie thousand pounds and to marry his daughter to the Luietenants sonne, and that hee would make her one of the greatest marriages in the kingdome.
Concerninge the Army Luitenant Colonell Ballards examination was read by Sir Phillip Stapleton which sheweth that Captaine Chedley brought downe manie propositions that Colonell Goringe should be Luietenant generall of the army, and that the Prince and Earle of Newcastle should meete them in Nottinghamshiere with 1000 horse. All which propositions came from Mr Henrie Jerman, and were dispersed by Serjeant-Major Willis and Captain Chedley. Willis upon his examination saieth that the Ffrench would assist them, and that the clergie would at their owne charge send 1000 horse to ayde the army. And that the Earle of Newcastle should be generall of the army.
The examination of Colonell Goringe read by Sir John Clatworthy, in which he saieth that hee was tied up by an oath of service, therefore durst not aunswere to all the interrogatories. And then mentioninge the oath which was given by Mr Henrie Percie in his chamber at Whitehall in the presence of Mr Henrie Willmoth, Colonell Ashburnham and Mr Heugh Ballard and others, who all of them saide they had taken the oath; and that hee was the last of the companie that had taken the same.
That Mr Jerman had a passe under the [blank] owne hand.
Mestris Plamwell saieth that a Frenchman, carver to the Queen, brought armes into her house and desired they might be keept, for that the House of Commons had made an order that noe papists should have armes in their custodie. And then ffeetcht them againe about the tyme that the Earle of Straffords escape was practized.
Manie examinations were read to shewe the practize of the Ffrench, and a cannon of Bourdeaulx, and that hee had sould and betrayed this kingdome to the Ffrench.
Then a letter of Mr Jermans was read, which sheweth they expeected the Earle of Strafford shortlie to be with them.
And then the examination was read which sheweth the desire that Mr German had to gett Portchmouth into his hands.
And two letters from Roberts, a priest, were read beinge writt to the Bishop of Caleedon in Ffraunce in the recommendations of two English priests.
And then Mr Allenns and Mr Tirwhitts letters were read, which did contradict one another".—Undated.
Endorsed: "The examinations of divers conspirators." 2¼ pp. (253. 8.)
Bond.
1641, August 13. Copy bond given by Sir John Wolstenholme, Sir John Harrison and William Harrison to James Maxwell for the payment of £2080 at his house near Charing Cross.
Notes on reverse: "A bond dated 29 August, 1640, wherein Sir Paul Pindar, Sir Abraham Dawes and others were bound to the Lord Dirlton in 100,0001 to secure him against severall bonds wherein he was bound for them. This money was taken up for the use of the King at that tyme to discharge his army in the North.
There is another bond dated 19 August, 1641, wherein Sir John Wolstenholme, Sir John Harrison and John Harrison his sonne were bound to my Lo. Dirlton in 40001 for payment of 2801 at 6 monethes.
Upon the first bond my Lord paid 40001 and this is now to be paid out of the Kings Customes.
As for the second bond, it was alwayse reputed to be the proper debt of Sir John Wolstenholme and Harrison without any reference to the Kings debts, and therefore it was expected the same should be paid with interest. But now they alleadge that the sume was likewise taken up upon the same account for the King as the former, but they doe not offer any thing to make it appeare.
Query: whether the Lady Cranborne should sue that bond and putt them to make it appeare that the same as well as the other were borrowed for the Kings use. If soe, then what course she shall take.
Or whether best to accept of the principall money from the ffermors who have undertaken to pay as one of the Kings debts according their generall ingagement."
2 pp. (Box T/48.)
Accounts.
1641, August 19. Account of moneys received and disbursed by Theophilus Hyde and Thomas Ladd during their journey to Nottinghamshire, accompanied by Thomas Baduley and Richard Pollard.—19 August, 1641.
Endorsed: "My account of money receaved and disbursed in a jorney into Nott. shire aboute the 19th of August 1641." 3 pp. (200. 117a.)
Statement of Affairs.
1641, August 19. "A noate of businesses to bee done by Theophilus Hyde and Thomas Ladd for the right hoble Arthur Lord Capell in the Countie of Nottingham anno dni 1641.
Inprimis, that you speake with Mr Longe concerninge my twoe causes that should have gone downe to triall att the nexte ensewinge Assizes, had not his father spoake to mee and promised that there should bee an end of them without anie triall, and deliver him his fathers letter. [Marginal note: I have spoken with Mr Long concerninge theise causes, and hee hathe promised to come upp to London the nexte terme and referre the same to his councell and your Lordships.]
That you viewe my woodes there; and if you finde that they will sell well, then deale with some honest and able man for such quantitie or quantities as you shall thinke fitt to bee sould. As alsoe take a sp[ec]iall viewe where and in what place I may stocke upp some fiftie or threescore acres of wood. And likewise deale with some honest man for the timber. But before you doe anie thinge consider well what the prizes will bee. [Marginal note: Wee have viewed the woodes and have sould twoe thousand cord of wood unto Mr Puesey for five shillings and sixpence a cord, which in the whole amounts to 5501; and after the cord wood is off, which will bee within 3 yeares, your Lordship may stocke upp the said wood and sell off the timber every yeare a quantity. But we cannot lumpe within anie man for the timber because the wood is thicke and wee cannot tell the trees.]
That you deale with some honest man for my coale dells there yf you can lett them well either to some honest man that will paie a ffine in hand and some rente for 21 yeares or a lesse terme. [Marginal note: I have spoken with Mr Pewsey concerninge a lumpe of ground that lies by his ground, and hee is willinge to deale with itt, but desires time to consider of itt untill Michaelmas next.]
That you take a sp[ec]iall viewe of my tenements there, and see in what reparations they are in; and likewise that you take a sp[ec]iall viewe of Mr Pinnes tenement for I am informed itt is in greate decaie; and after your viewe taken, give notice to have the same amended if neede require. [Marginal note: Wee have viewed theise tenements and finde all in good repaire, onelie the tenement in Mr Pinnes lease is out of repaire. But his tenants have demaunded timber and doe promise to repaire the same the nexte Springe.]
That you take a sp[ec]iall viewe of the quantitie of the wood grounds containing, as appeares by the booke, 411 acres 1 rood 25 perches, and see what the same nowe conteines, and where they lie and whether I receive anie rents for them or anie part of them. [Marginal note: There is but 337 acres 3 roods 2 perches nowe, for there is a wood which was called the Comiyrty wood containing 73–2–3 was stocked upp and cutt downe about 18 yeares since, and for 120 acres called Greate Willoe your Lordship received a rente of 31 p ann or thereabouts which was lett by lease with other ground to one Francis Cocke.]
That you lett the tythes there to such person or persons as will take the same untill the leases come out. [Marginal note: They offer lesse for them after this mann then is nowe made of them, therefore they stand as they did.]
Enquire whether the acres there contain 21 foote to the pole. [Marginal note: I have enquired after this, and there is nowe but 16tene foote and a halfe to the pole.]"—19 August, 1641.
Amended. Endorsed: "A noate of Remembrances to bee done in Nott shire about the 19th of August 1641." 1 p. (200. 117.)
Callis Hagge and High Park.
Three papers:
(1) 1641, August 25. Articles of agreement between Arthur, Lord Capell, and Timothy Pusey, of Selston. Lord Capell agrees to sell to Pusey, within the grounds called Callis Hagge and High Park, in the parish of Greasley, co. Nottingham, two thousand cords of wood according to the usual measure of 8 foot in length, 4 foot in height and 4 foot in breadth to each cord. Pusey to be allowed to convert the wood into charcoal and to convey the same away within a period expiring on the 11th of November, 1644.—25 August, 1641.
Signed: Tym. Pusey. Witnessed by: Henry Denham, clerk; Patricke Cocke, Pat. Cocke, jun.
Seal. Endorsed: "Mr Puseys Covenantes." 1 p. (200. 118.)
(2) [? August, 1641.] Petition by Lord Capell to the King. He is seised of woods called Callice hagge and Highe Parke in Greisley, co. Nottyngham, containing 120 acres, which he desires to convert into tillage. Since he cannot do this without the King's permission, he requests to be exempted from the penal statutes prohibiting the same.—Undated.
Petition. Endorsed: "My lo: Capells petition to his Matie for the stockinge of Callis Hagge and Highe Parke att Greisley." ½ p. (200. 118b.)
(3) Draft, corrected, of the above agreement.—25 August, Carlo. 17.
Endorsed: "Articles betweene Mr Pusley and my Lord Capell." ½ p. (200. 118c.)
Newsletter.
1641, September 22. Monday this week came letters from Scotland of several dates. The letters of the 10th say that the difference about the choice of the officers of state was in no way of composing, yet all the Scotch nobility save sixteen were wholly for his Majesty in that particular, which was that the Lords of Secret Council should have the nominating of all such officers of state that should die out of Parliament; and that they should continue their places during life if so be they did well behave themselves. Some of these laboured the rest of the nobility to comply with his Majesty in this of the choice of the great officers, insomuch as one of the 16 Lords told one of the chief of them that they did not hang upon their belts, that their Lordships might do well to deliver their opinions when they were asked and not till then. This was boldly spoken by the Earl of Eglinton. The letters of the 13th and 14th prosecute this business, saying that some of the 16 Lords are fallen off, but the Earls of Eglinton, Cassells, Glencairn and Loudon, son to the Earl of Ancrum, together with Lord Burley, Lord Balcarres, Lord Forrester and some 2 or 3 Lords more, which adhere stoutly to the Barons and Burgesses, will by no means yield that his Majesty or any of his Lords of Secret Council shall have the choice of the great officers in the interval of Parliaments, but the Parliament only to make choice of them, and in the mean time none to be deputed to supply the office. The Barons and Burgesses delivered his Majesty three propositions concerning the choice of officers, which his Majesty deliberated upon two or three days, then returned his answer in writ[ing], which gave no satisfaction. The reason why the Barons and Burgesses so mainly press to have the choice of their officers is, because they say their corrupt wicked officers have been the only cause of all their evils, wherefore they say if they do not remedy that for the time to come, all their cost and travail hitherto has been to no purpose but to make themselves more miserable than ever before. Another particular these few Lords with the Barons and Burgesses do insist very hard upon is, that all the great officers of state now in being shall resign their offices that this present Parliament may make a new choice; which his Majesty says he cannot consent to, it being so much against his honour. But this answer does no whit satisfy the Parliament. The letters of last Friday which Sir William Ballanden, the Prince Elector's of Master of his Horse brought to town this 20th of September, say that these differences are now in a fair way of accommodation: and in a postscript of a letter of the last date it is said that the Barons and Burgesses will have all their desires of his Majesty, notwithstanding that some of their greatest Lords do fall from them in some things. These last letters say that when this business of the choice of their great officers is past, the next business will be to fall upon the Earl of Montrose's trial; the opinion of these letters is, that if the Earl of Montrose would submit to the Parliament it would go much easier with him than it will do in stiffly opposing the Parliament. His Majesty has sent to the Queen that he intends to set out towards England upon the 27th or 28th of this present at the furthest, which is not believed in Scotland because they believe the King will stay the trial of the Earl of Montrose, which will hardly end so soon. The Earl of Traquair lies aboard one of the King's ships at the Holy Island, but comes not ashore for fear he should be taken and carried into Scotland. It is said the Queen seems to resolve to lie at Hampton Court all this winter. The Standing Committee sat this Tuesday, the 21st present, to give order for the demolishing of all the fortifications at Berwick and Carlisle, as also for the discharging of those garrisons, there being money come in to discharge all there within 10,0001, which will be soon gotten.
The last week Alderman Warner of London in obedience to the order of the House of Commons pulled down all the painted glass in the windows of his parish church, which some value at 10001; they were so "artificially" painted. It is said a painter offered 401 for the picture of Lazarus whom Christ raised from the dead, it was so very well done.
It seems the people of Newcastle have been somewhat bold to despise the service book and to cast it under their feet as a book full of popish errors and superstitions; because it is written from thence that his Majesty taking notice of that disorder, he has sent to that town to require them to conform to the orders of Parliament in that particular of the service book and ceremonies till both the Houses have time to take the just exceptions against both into consideration.—22 September, 1641.
2½ pp. (131. 169.)
Newsletter.
1641, September 30. Sunday last there came some rude company into Paul's in time of divine service to observe whether the communion table was removed from the wall according to the order of the House of Commons; but they found the table stood altarwise as it had stood divers years before. They designed to have taken away the rails, but when they observed the Marshall of the City with a crew of lusty tall fellows about it to guard it, they let fall their design and did not offer to meddle with it. And now the altar shall be removed and the rails taken away by order from the Dean of Paul's who, so soon as he received the order of the House of Commons, suddenly sent order that it should be obeyed; only the steps shall not be levelled because they have been so time out of mind. I hear that neither of the Universities are forward to conform to this order because it is not strengthened by the Lords. The Bishop of Lincoln is upon his journey to visit his diocese [in] the triennial visitation. There is a book of his visitation articles printed which are not to be sold. I only have heard some particulars namely, that he inquires what innovations have been set up in the church and what innovations have been practised in divine service; he enjoins the strict practice of the service book in every particular and of all such ceremonies as have been settled by Act of Parliament till they shall be revoked again by the same power that has erected them. There are some articles of inquiry what bribes by way of gratuities and presents have been given to those that have formerly visited in his diocese, which has relation to Sir John Lambe, Dr Roane and Dr Farmory; but these articles are general, but not so general but they point naturally to the particulars that would be discovered. The letters from Scotland of last week relate that his Majesty and the Parliament there are all agreed. His Majesty has been graciously pleased to condescend first that they shall nominate all the officers of state, privy councillors and sessioners (which are the judges); and those which die out of Parliament and must be supplied presently, his Majesty is to nominate them by consent of the major part of the privy councillors and sessioners, and these to be allowed or disallowed by his Majesty and the next ensuing Parliament as they shall see cause. This following was his Majesty's answer the 16th of this September: I think fit to renew the commission of the Council with the advice of Parliament, and therefore will show you the roll of their names which I doubt not but you will approve; and likewise will nominate all the officers of state that they may have your approbation. And if you shall take any exception against any person in particular, I am confident that you will do it with so much reason that you and I shall agree. Likewise I mean to condescend upon a limited number of councillors which I will not exceed in any time to come; and I mind to take the same course with the sessioners as is abovesaid with the Council, and that councillors, officers of state and sessioners may have their places in time coming ad vitam vel ad culpam. It was somewhat long before his Majesty would condescend that these aforesaid officers should be approved of by the Parliament, because it might be drawn into example to his Majesty's prejudice elsewhere, but the Parliament satisfied his Majesty in that particular, assuring him that they would never intend anything to the least derogation of his just power, which they say they are bound to maintain not only by their common allegiance but also by their national oath and covenant; and therefore they beseech his Majesty to consider that their demand concerning the choice of those officers is grounded upon the ancient laws and custom of the kingdom, and upon the just sense they have of the necessity of his Majesty's absence from this his native country, which if they could redeem they would esteem it above any other privilege: wherefore they are forced to insist upon this in supplement of that want.
The letters that arrived here the 27th present tell us that his Majesty has proposed to make the Earl of Morton Lord Chancellor of Scotland, which is not approved of by the Parliament, and it is said there has been a great contestation betwixt the Earl of Argyle and Earl Morton in Parliament about it. The Earl of Argyle it is said he will have no place neither will he consent the Earl of Morton shall be their Chancellor. Lord Loudoun is nominated for the Lord Treasurer's place, and the Lord of Derry to be chief Clerk of the Register; it is supposed these two will not be approved. It is also written that some of those councillors whom his Majesty has propounded are not liked of.
Saturday last Mr Wilmot came to Mr Pym at his lodging at Chelsea and brought with him Sir John Bartlett and Mr O'Neale, these two being accused to have been in the plot with Mr Jermyn, Sir John Suckling and others, and when they should have appeared at the Parliament they went over sea. Says Mr Pym, Ye are welcome into England, and since ye are come to me I must take care to see ye be forthcoming at the sitting of the Parliament. Wherefore he carries them to my Lord Wilmot, one of his Majesty's privy councillors, desiring him to see them forthcoming at the time appointed, October 20, which his Lordship does accordingly.
Concerning the Scots I hear further that they require that the Mayor of Edinburgh for the time being shall always be of the Privy Council, and six of the Boroughs which are lords and gentlemen. Tuesday last week the standing Committee of both Houses should have met about the Parliamentary business, but they did not by reason the Lords would not admit the Committee of the Commons to keep on their hats, which their Lordships admitted the Tuesday before.
Some Lords from Holland tell us that those of Ghent sallying out in a strong party had almost seized upon the young Prince of Orange. They cut off a whole troop of the States' horse, but the young Prince got clear.
Tuesday last Sir John Bartlett and Mr O'Neale petitioned the Committee to take bail, which they said they had no order for, but left them to the discretion of the Serjeant to whom they were committed. His Majesty determines to set out from Scotland the 11th of October. The great stir in Scotland is now about the Earl of Morton whom his Majesty has nominated Lord Chancellor, but the Parliament will not agree to it; The Earl of Argyle, his son-in-law, opposes it might and main, insomuch as there has been very hot language in Parliament between those two Earls and the King present. The Earl of Morton upbraids the Earl of Argyle of former favours done him, which preserved him from ruin, and therefore taxes his Lordship of great ingratitude. The Earl of Argyle acknowledges all former favours done him, but withal tells his Lordship he must not requite private favours done to himself by exposing the kingdom to ruin in admitting unfit men to the offices of the greatest trust in the kingdom. The Earl of Morton pressed upon the Earl of Argyle so far as Argyle told him openly in Parliament "He had a protection to defend him from his creditors, and therefore he was not fit to be Lord Chancellor, and that he had paid debts for his Lordship these three last years or it had gone so ill with him as the Parliament there should not have been troubled with his Lordship at this time." The people are well satisfied in my Lord of Argyle for being so stiff in this business to keep out his father-in-law, notwithstanding he did comply with his Majesty that the Secret Council should nominate those officers of state that should die between Parliaments. The King observing these discords between the nobility tells them in Parliament "He came thither to settle their religion and to establish their laws, but if by these accidents he should be prevented the fault was theirs." Which speech of his Majesty's was not very well liked of.—30 September, 1641.
P.S. Sir Henry Martyn died this week.
4 pp. (131. 171.)
Philip Cecil to the Earl of Salisbury.
1641, October 5. "J'appercois tant par le silence de Mr Kirkham que par l'approchement du froid que cest vostre volonte que nous passions cest hyver a Saumur, a quoy me soubmettant je feray tous mes efforts a employer bien mon temps aux estudes et Mathematiques, ayant tousiours ce but devant mes yeux de vous rendre contentement en toute obeissance."—Saumur, le 5 de Octobre, 1641.
Holograph. 1 p. (Box T/49.)
Newsletter.
1641, October 11. Since my last letter Mr Murray arrived out of Scotland with a packet to the Queen. These letters relate that the King and Parliament are agreed, that Lord Loudon was made Chancellor the second of this month, and the third he attended his Majesty to church with the seal. At first the Parliament refused to admit him to be Chancellor because they had before consented he should be Lord Treasurer; but when his Majesty told them he perceived a crossness in them to oppose whomsoever he should name, they upon a second consideration condescended; and so soon as this was settled they fell again upon a new Treasurer. The King presses to make Lord Aymond, the late lieutenantgeneral of their army, but they absolutely reject him, giving divers reasons for it; but they conceal their principal reason, which may be because he came very late into the Covenant which he would have avoided if he could possibly have done it with his safety. The Treasurer's office is yet undisposed of. The 4th of this month the Parliament offered to his Majesty to bring three of their delinquents to trial to prove what they had charged them with, namely the Earl of Montrose, Lord Napier and Sir John Stirling now prisoners in Edinburgh Castle, offering to his Majesty to dispose of these three as he shall please after they have proved their delinquencies; but as for the Earl of Traquair, the Bishop of Ross, Dr Belcanquall, Sir John Spotswood, Sir John Hay and Sir John Steward, these incendiaries they desire to have wholly left to Parliament, and it is believed his Majesty may leave them to their justice; but most of them are out of Scotland in France. These letters tell us that the King now resolves to return towards England the 18th of this month, and to be here about the 24th present. The 28th September, Mr William Murray of the Bedchamber invited my Lord Marquess Hamilton, Lord Carr, the Earl of Roxburgh's son, Sir James Hamilton and others to dine at his lodging near Holyrood House in Edinburgh. When Lord Carr was pretty well heated he fell foul upon Marquess Hamilton, telling him he was a traitor and a juggler both to the King and kingdom. My Lord Marquess wisely passed it over, but the company present handled the matter so well, my Lord Marquess's wisdom so concurring, as the company though somewhat out of order yet broke not up. Lord Carr having taken a cup or two of wine more fell again upon my Lord Marquess in as foul language as before, telling him if he had been cut off two years before all those disorders in Scotland had not been, for he had plotted and been the cause of all. Lord Carr was so overheated with wine as my Lord Marquess made no noise of it, but reserved himself to his private intentions; but the same night both King and Parliament had notice of it, it being so public. In the morning Lord Carr sends a challenge to the Lord Marquess by the Lord Craford, but the Parliament has taken such order as both Lord Carr and the Marquess were brought that morning into the Parliament. This business took up three days in debate before it was ended. Lord Carr had a strong party to hold it in debate so long time, but he was at last driven to make this acknowledgment following: I Henry, Lord Carr, have already acknowledged mine offence to his Majesty and asked his pardon, which I do likewise to the honourable House of Parliament and for the scandalous words concerning the Marquess Hamilton which were spoken by me. I confess them to be rash and groundless and that I am sorry for the same. Signed by the said Lord Carr. This business has been so far debated as an Act of Parliament has been passed for the further clearing of my Lord Marquess, which is as follows: Whereas there have been certain scandalous words spoken of the Marquess of Hamilton tending to the prejudice of his honour and fidelity to his Majesty and to his country, which are now acknowledged by Henry, Lord Carr, speaker thereof, to have been rash and groundless, for the speaking whereof he is heartily sorry; and since his Majesty and the Estates of Parliament know them to be so, therefore his Majesty and the Estates declare the Marquess of Hamilton to be free thereof and esteems (sic) him to be a loyal subject to his Majesty and a faithful patriot to his country: and the said Estates remit the further censure of the Lord Carr to the King's Majesty. Signed by the Lord President of the Parliament. —11 October, 1641.
2½ pp. (131. 173.)
Newsletter.
1641, October 13. Tuesday the twelfth more letters came from Scotland which say nothing of his Majesty's coming, all things being at a stand in the Parliament of Scotland upon the admitting of the Lord of Loudon to be Chancellor, which they did upon this resolution to make choice of no more of their officers till their late statute made presently after his Majesty's arrival be explained. Which statute is, that his Majesty is to nominate the great officers of the kingdom by the consent and approbation of the Parliament. The Act should have gone thus, that the Parliament should have presented 4 or 5 persons for every office, out of which his Majesty should have made choice of one for the office; but some of the Lords which intended the King's better service caused it to be altered as I set it down first, and now his Majesty is nothing pleased that the Parliament, especially the barons and burghs, refuse to proceed further till this Act be fully explained; and to this end last week a committee was appointed of 5 Lords, 5 barons and 5 burghs to advise which way his Majesty may receive satisfaction in this particular and to preserve their liberties. His Majesty desires they would avoid this rock of the explanation of that statute, which they do not. There is also another rock they are fallen upon, especially the barons and burghs, which is because they take notice there is some exception taken against many of the Lords in Parliament for voting in divers particulars to the discontent of his Majesty; therefore they resolve for the time to come to give all their votes in by billeting, which is in a written paper without their names, by which means all men may give their votes and yet be concealed. Because the Parliament do stiffly refuse to admit my Lord Aymond to be Treasurer upon his Majesty's nomination, and show no sufficient cause for their refusal, therefore his Majesty will nominate no other to that place but leaves that office to be managed by commission. The Lord Loudon, Chancellor, Lord Cassells, Lord Balmerino and the underTreasurer Sir James Carmichael, these be the commissioners. The Parliament declare they are the more tender in admitting a new Treasurer but by their consent and approbation, because it will be a leading cause for time to come. They do yet much insist upon it to admit neither any statesman nor judge but by their approbation in Parliament under this pretence, they must now be as careful of their posterity, nay more, than for themselves. There has been a motion in the Parliament to remove 30 miles from the King all those Lords which have been summoned to the Parliament, which yet are not admitted to sit in Parliament under pretence that these Lords give his Majesty ill counsell. These Lords are much displeased at this motion; it is written that the resolution of the Parliament is to prosecute this motion to his Majesty, which the next letters may relate the effect of.—13 October, 1641.
1½ pp. (131. 175.)
Warrant.
1641, October 30. Warrant to Patricke Cocke to deliver to Timothy Pusey two thousand cords of wood within the grounds called Callis Hagge and High Park, in the parish of Greasley, co. Notts.; and to sell such quantity of timber within the same grounds as he shall think fit. "Given under my hand and seale this xxxth of October anno regis Caroli Angl. etc, decimo septimo anno dni 1641."
Draft. Unsigned. Endorsed: "Partricke Cockes warrant to assigne Mr Pusey 2000 cord of wood." ½ p. (200. 118d.)