Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Lunæ, 1 die Januarii.
Answer from the H. C.
That they do agree to the Letter to be sent to the Lord General; and concerning the adding the Names to the Deputy Lieutenants for the County of Sussex, they will send an Answer by Messengers of their own.
E. of Essex's Letter, about the E. of Bedford's Return to the Parliament.
"There hath been a long and strict Obligation betwixt the Families of my Lord of Bedford's and mine; yet, in this general Cause that we are engaged in, which is for the Maintenance of Religion, and the Liberty and just Freedom of the Subject of England, the Plotters against all these growing every Day more maliciously bent to the Ruin of them all, would have made me laid aside all particular Ends of my own: But hearing, by an intimate Friend of his, his Desire to return, really to serve the Parliament with his Life and Fortune, being very sensible of his Fault in deserting the Parliament, and being an Eyewitness of their ill Intentions to the Destruction of this Kingdom, desired a Pass to return, and my Reception to this Side, which I did, by that great Favour and Trust the Parliament pleased to intrust me with; which, by my utmost Care, with the Hazard of my Life, I shall use for your Safety; being
E. of Bedford's Letter, that he had surrendered to the Lord General.
"The great Sense I had of the Miferies and Distractions of this Kingdom, and the small Probability that appeared to my Judgement of any speedy End thereof, made me think I could do the Kingdom no better Service, as Matters then stood, than by using my best Endeavours, and those of my Friends, to procure His Majesty to comply with His Parliament, for which Purpose I went to Oxford; where I was no sooner arrived, but as soon perceived contrary Counsels to be too prevalent, that I found my Endeavours would be altogether fruitless; wherefore, presently seeing my former Mistake, I resolved thenceforth, whatsoever Prejudice might befall me thereby, to cast myself wholly upon the Favour and the Mercy of the Parliament, and to make no longer Stay at Oxford than I could find Means and Opportunity for my safe Return; whereupon I made Use of my nearest Friends, to procure me a Pass from my Lord General, which he nobly granted me; and therewith I am come to St. Albans, and have now put myself into his Excellency's Custody, where I intend to remain until I shall receive your Lordships Commands and Directions, being ready to undergo what Censure your Lordships shall please to impose upon me, for my sudden and unadvised Departure from your Lordships without your Leaves and Consents; not expecting or thinking myself worthy of the Honour to sit again amongst you, until your Lordships shall be fully satisfied of the Reality of my Faithfulness to the Parliament and Kingdom, which I shall be very ready to express and manifest by any Act, Way, or Means whatsoever, which your Lordships in your Wisdoms shall think fit to prescribe or appoint me to; expecting your Lordships Pleasures, I rest,
E. of Bedford committed to the Gentleman Usher.
Hereupon this House Ordered, That, for the present, the Earl of Bedford shall stand hereby committed to the safe Custody of the Gentleman Usher attending this House, there to remain until the Pleasure of this House be further signified.
Countess of Westmorland to have a larger Allowance out of the Sequestration of the Earl's Estate.
Upon reading the Petition of Milmay Earl of Westmerland; desiring, "That the Sequestration of his Estate may be taken off, because he is unable else to maintain his Lady and Family:" And this House taking into Consideration the Virtue of the Countess of Westm. and in regard she hath many Children to maintain, and the great Estate as she brought him; this House Resolved, To send the said Petition to the House of Commons; with a special Recommendation, that the Committee for Sequestrations may allow her a larger Proportion than the Sixth Part, for the Maintenance of her and her Children and Family.
Countess of Clare's Petition concerning the Sequestration of the Earl's Estate.
Next, the Petition of the Countess of Clare was read, "concerning the Goods of her Husband's the Earl of Clare, which are sequestered, which are prised to the Value of Two Hundred and Sixty Pounds, which will be carried away unless she lay down the Money, which she is not able to do, in regard all her Husband's Rents are sequestered; therefore desired that their Lordships will take her Case into Consideration:" Hereupon this House thought fit to recommend this Petition to the House of Commons, that the same may be referred to the Committee of Sequestrations, to give her some Relief, according to the Desire of her Petition.
Next, were (fn. 1) read divers Papers formerly sent up at a Conference with the House of Commons, concerning the Affairs with the Kingdom of Scotland:
Papers concerning Scotland.
"4. A Paper of the 22th November, from the Commissioners to the Estates, confirming the Treaty, to desire a Committee to be sent to England with Power to send some of themselves, with a like Number, from the Parliament, to Parts beyond Sea; and concerning the Scottish and other Brittish Forces in Ireland, &c.
Votes upon them.
"1. That they do approve of what the Commissioners of both Houses of Parliament now residing in Scotland have done, in the Articles of the Treaty signed by them and the Commissioners of Estates of the Kingdom of Scotland; and do agree and consent to the said Articles.
"2. That they do approve of, and agree and assent unto, the Articles of the Treaty, signed by the Commissioners of both Houses of the Parliament of England now residing in Scotland and the Commissioners of the Convention of Estates of the Kingdom of Scotland, 9 Novembris 1643, touching the Town and Garrison at Barwicke.
"3. That they do Declare, That the Garrison of Berwicke is to be paid, from the Time that the Fifty Thousand Pounds last sent into Scotland was received there by their Brethren of Scotland, as Part of the (fn. 2) Payment of the Army that is to be raised for the Assistance of the Kingdom of England."
Letter from the English Commissioners in Scotland, about the Treaty.
"The Account of your Affairs here had not been so late, but only that it might be the more full; and having but One Ketch for Dispatches, we could not well send it till the Treaties were fully perfected and signed; though we hope you have received Notice by other Messengers (for which Order hath been taken) of the safe Arrival of the Commissioners and Money; if not, these may inform you, that they arrived here the 21 of this Instant: The Money is paid in, according to the Payment of the Committee of Estates, and the Rendezvous appointed at Hair-Lawe (Four Miles from Berwick) December 29, from whence they intend a speedy March: It may seem long to the Desires and Necessities of England; but we are here satisfied, that, since the coming of the Money and Commissioners, no Opportunity or Endeavour hath been omitted; neither shall it hereafter be, so far as concerns us, who are
"We earnestly desire that Sir Henry Vane and the rest of the Committee may be hastened away with all possible Speed; for our Affairs increase so fast upon us, that we shall not be able to undergo them without their Assistance.
Paper from the English Commissioners, for tendering the Treaty agreed on by the Parliament to the Committee of Estates, and the Articles concerning Berwick.
The Lords and Commons of England assembled in Parliament, having Ordered Sir Wm. Armyne Baronet and Henry Darley Esquire, in the Absence of the other Commissioners, to perform the same Things as if a greater Number of them were present in Scotland, as may appear by their Order of the 27 October last, shewed unto the Honourable Committee of Convention of Estates of the 10th of this Instant November; we the said Commissioners, in Discharge of our Duties to the Parliament, have thought fit to tender unto your Lordships the Treaty agreed upon by both Houses of Parliament, as it was sent to us under the Hands of both the Clerks of the Lords and Commons; and further being authorized and required to settle the Town and Garrison of Berwick, according to the Articles which have been agreed on and voted in both Houses, as may appear by another Order made the same Day as the former, we do herewith present the said Articles unto this Honourable Committee, and are ready to settle the said Town and Garrison according to the Tenor of the same.
Paper from the Committee of Estates, for Allowance and Approbation of the Treaty.
"The Committee of Estates haveing read and considered the Articles of the Treatyes concerning the Assistance craved of this Kingdome by the Kingdome of England, and anent the Toun of Berwick, agreed unto by both Houses of the Parliament of England, and sent by thame, under the Hands of the Clarks of both Houses, to theire Commissioners in this Kingdome, and by thame given in to the said Committee of Estates; and haveing compared the same with the principall Articles formerly agreed unto by the Convention of Estates and theire Committee; and finding the same not to differ in any essentiall Point; they doe allowe and approve the same, as they are now conceived, and will take an speedy Course that the same may bee formally concluded and agreed unto.
Paper for nominating Commissioners, for treating with the English Commissioners, about putting the Treaty in Execution.
"The Committee of Estates gives Warrant and Commission to the Marquesse of Argyll, the Earle of Lauderdach and Lindesay, the Lords Balmerino and Burghlie, the Generall of the Artillary, the Lords Waristoun and Humbre, Sir John Smith, and Mr. Robert Burclay, or any Three of thame, there being On of every Estate presente, to meit the Morne, at Seven Houres in the Morning, with the English Commissioners; and to treate and debate with thame annent the Perticulars conteaned in the Paper this Day given in by thame, and especiallie annent the formall concluding and putting in Execution the Two Treatyes, On for the Assistance craved by the Two Houses of Parliament, and the other for secureing the Toun of Berwick; annent the Reasons of theire Desire of a Committee to bee sent to London; anent the Way of engadgeing the Publique Faith of this Kingdome, for raiseing Two Hundred Thousand Pounds; anent the Perticulers concerning Ireland, and the Scottish Army therein; and to report there Opinions thereanent to the Committee.
Paper from the Commissioners from both Houses, confirming the Treaty; desiring a Committee from Scotland may he sent to England, with Power to sent some of their Number beyond Sea; and for opposing the Cessation of Arms with the Rebels in Ireland.
"Whereas, upon the 16th of this present November, a Paper of the 25th of August last, concerning the Assistance desired of the Kingdom of Scotland by both Houses of Parliament, and another Paper concerning the settling of a Garrison in Berwick, were delivered in to this Honourable Committee, without any material or considerable Alterations from the First Originals; we, the Commissioners from both Houses of the Parliament of England here present, are authorized and required, according to those Votes of the Two Houses abovementioned, to agree and conclude, in the Name of both Houses, the said Propositions, and to perfect the respective Treaties in that Behalf, with all Expedition; and thereupon to hasten, all that possible may be, the Assistance expected from that Kingdom; and to suffer no further Time to be lost in that Behalf, considering what Money for the present can be raised is now sent away, and arrived at Leith; and no Diligence shall be wanting in the Parliament, to procure and convey unto them what remains, according to the Treaty, so far as our present Streights and Extremities will possibly permit: And forasmuch as the Two Houses do hold it of absolute Necessity, that a Committee or Commissioners from the Kingdom of Scotland be forthwith sent to reside in London, or elsewhere, near the Parliament, with sufficient Power and Authority to treat and conclude of all such Things as shall be necessary for the Good of the Three Kingdoms, in Pursuance of the Covenant, and of the late Treaty, with further Power to send some of themselves, or any other, by joint Consent of this Kingdom, to any the Parts beyond Seas, for the procuring of Monies, or Engagement of other States in this common Cause; we therefore earnestly desire your Lordships, that a Committee may accordingly be sent into England, without which the whole Business is like to become very dilatory, if not wholly fruitless; as also that your Lordships would be pleased to consider of the Ways and Means whereby the Public Faith of this Kingdom may be engaged, and made beneficial, for the raising and discharging of the Two Hundred Thousand Pounds, to be advanced according to the Treaty.
"We are likewise to make known unto your Lordships, that it is the Resolution of both Houses to oppose to the utmost (as long as God shall enable them thereunto) the Cessation in Ireland, and to encourage, so far as lies in their Power, all those Forces, as well Scotts as other Brittish there, for the utter Subduing of the Rebels, and Prevention of their setting up Popery in this Kingdom; and to this End they will speedily take Care to make Provision of Victuals, Cloaths, and other Necessaries, for the Subsistence of those Forces which they will send over to them with all Speed into that Kingdom: And we are also to consider with your Lordships, of the fittest and best Ways and Means for the ordering of the Scottish and other Brittish Forces in Ireland at the easiest Expence and Charge to both Kingdoms, and in such Manner as may best prosecute that War, and the Ends expressed in the Covenant; and to draw up the same into Propositions, to be presented speedily to the Consideration of both Houses.
"We are also, for the Encouragement of the Scottish Army in Ireland, to let your Lordships know, that the Two Houses will hasten away with all Speed the Sixty Thousand Pounds promised, the Ten Thousand Suits of Cloaths, and such other Necessaries as they shall be able to provide; and are to treat and consider with your Lordships of any Way that lies in the Power of the Two Houses, to give them Satisfaction for the Remainder of the Arrears owing to the said Army, it being impossible for the present to pay them in Monies.
"We are likewise authorized to cause the Accompts of the Scottish Army in Ireland, for Pay of the Officers and Soldiers, to be made up according to the Establishment of the English Army there, from the Time of each Regiment and Company's First Landing, and Muster by Mr. Kenneddy, until the Day of Mr. Cleyton's Muster in September 1643, and from thence according to Mr. Cleyton's Muster Rolls (especially such as were taken this last Year); which Accompt is to be delivered to the Auditor of the Wars in Ireland, to ingross, and to present the same to the Commons House of Parliament, that the Aceompt may have a final Determination.
Order of the Committee of Estates, for Sir Adam Hepburn of Humby to receive the Monies and Bills of Exchange.
"The Committee of Estate appoints Sir Adam. Hepburne of Humby Treasurer of the Army, or such as shall have Warrant from his Lordship under his Hand to that Effect, to receave from the English Commissioners whatever Sommes of Money, or Bills of Exchange, they have to deliver, conforme to the Treaty agreed unto by both Houses of the Parliament of England; and declares that his Lordship's Discharge upon the Receipt of the said Bills (made good) shall bee as sufficient to the Kingdome of England and the Commissioners, as if the same were graunted and signed by the said Committee.
Order of the Committee of Estates, authorizing their Commissioners to sign the Treaties.
"Forasmickle as the Committee of Estates, by theire Act of the 17th of November Instant, have approven the Treatyes agreed unto by both Houses of the Parliament of England, and given by theire Commissioners, concerning the Assistance craved by the Kingdome of England of this Kingdome, and the secureing of the Toun of Berwick; and whereas now the same are to bee formally concluded and signed: Therefore the Committee of Estates gives Power and Commission to the Marquesse of Argyle, the Earles of Lauderdaill and Lindesay, the Lords Ball merino and Burgblie, the Generall of the Artillery, the Lords Wariston and Hombie, Sir John Smith, and Mr. Robert Barcley, or any Three of them, there being One of every Estate, to signe and subscribe the said Two Treatyes in Name of the said Committee; and to report the Copies of them, to bee subscribed by the English Commissioners, and thame to bee kept and recorded here.
Answer of the Committee of Estates to a Paper delivered by the English Commissioners, concerning their sending a Committee to London, about their Army maching, and about raising 200,000 l.
"Whereas the Committee of Estates, upon the 22 of this Instant November, received a Paper from the Commissioners of the Parliament of England, wherein they declare themselves authorized and required to agree and conclude the Propositions of the Treaty, and to perfect the same with all Expedition: The said Committee, as they have already expressed theire Readines to doe the same, in theire Paper of the 17th of November delivered to the said Commissioners, soe doe now further declare themselves to have approved a form all Draught of the said Treaty, and subscribed the same; and whereas the said Commissioners are required, and doe accordingly desire, that the Assistance included in that Treaty might bee hastned, and promise, in Behalfe of the Parliament of England, that noe Dilligence shal bee wanting in them to procure and convoy the Remainder of the same concluded in the Treaty; the said Committee of Convention, as they doubt not the Readines and Dilligence of the Parliament of England in the one, soe they hope they have expressed theire owne Forwardnes in the other, haveing now appointed the Tyme and Place of Rendevouz, and given Order for theire Armyes March; to which they are ready to add all possible Dilligence and Endeavor for furthering thereof: And whereas, in the same Paper, it is represented by the said Commissioners to the Committee of Convention, that the Two Houses of Parliament doe conceive it of absolute Necessity, that a Committee or Commissioners from the Kingdome of Scotland be forthwith sent into England, to reside neere the Parliament, for the Ends mentioned in the said Paper; the Committee of Estates in Answere thereunto declares, That, although, for the present, the Multitude and Importance of Affaires, occasioned by the hasthing and setling the Army for Assistance, deny them a Possibility of sending any to whome they shall (fn. 3) commit such a Trust soe soone as it is desired, yet they shal bee ready with all convenient Speede to doe therein what shall bee most requisite for the Good of both Kingdomes.
"And forasmuch as it is desired, the Wayes of ingageing the Publique Faith for raiseing the Summe of Two Hundred Thousand Pounds bee considered, the Committee of Estates have engaged theire Publique Faith thereanent, as will appeare by the other Act made to that Purpose; and what hath beene done anent that Part of the Paper, concerning the Scottish Army in Ireland, will fully appeare by the Rusult of the Treaty agreed unto by the Commissioners of both Kingdomes.
Decree against the Duke of Hamiston, Earls of Morton, Roxborough, Kinnoul, and Lanerick, for not taking the Covenant.
"Charles, by the Grace of God, King of Greate Brittaine, France, and Ireland, Defender of the Faith, to Our Lovitts, Heraulds, Messengers, or Sheriffs, in that Part, conjoyntly and severally, specially constitute, Greeting: Annent the Warrant directed by the Committee of Our Estates makeing Mention. Forasmuch as the said Committee, by theire Act of the 12th of October last, did Ordeyne the Solemne League and Covenant to bee subscribed and sworne by all His Majesty's Subjects of this Our Kingdome, under the Paine to such as should pospone or refuse the same to bee esteemed and punished as Enemyes to Religion, Our Honnor, and Peace of Our Kingdomes; and that theire Goods and Rents should bee confiscated to the Use of the Publique; and that they should not enjoy Benefitt, Place, or Office, in this Our Kingdome: Like as the Lords of Our Privy Councell, by theire Act of the 18th of October last, did heartily concurre with the Judgment of the said Committee, anent the sweareing and subscribeing of the said Covenant; and accordingly did ordayne the same to bee subscribed by all Our Subjects: Notwithstanding thereof, James Duke of Hamilton, William Earle of Morton, Robert Earle of Roxburgh, George Earle of Kinnoule, David Earle of Southeske, and William Earle of Lannerick, being desired, by Letters sent to them from the Lords of Our Privy Councell, to repaire to Our Councell at Edenburgh upon the 2d of November Instant, for sweareing and subscribeing of the Covenant, and a Copy of the said Covenant and Acts prefixed thereto being sent to them for theire better Information; they have notwithstanding, all and every One of them, refused, or at least posponed, to sweare and subscribe the same; and therefore have incurred, and doe incurre, the Paines conteyned in the said Acts, wherewith the Councell hath acquainted the Committee; and anent the Charge given to the said James Duke of Hamilton, Wm. Earle of Mourton, Robert Earle of Roxburgh, George Earle of Kinnolls, David Earle of Southeske, and William Earle of Lanerick, to have compeired Personally before the Committee of Estates, this present Day, to have answered upon theire Disobedience to the Acts aforesaid, and to have heard and seene them decerned to have incurred the Paines conteyned therein; and accordingly to have seene punished, as Enemyes to Religion, Our Honnor, and Peace of Our Kingdomes; and to have theire Goods and Rents consiscate to the Use of the Publique; and to have bin discharged of enjoying any Benefitt, Place, or Office, within this Our Kingdome, or else to shewe a reasonable Cause why the same should not have bin done; with Certification to them, if they failed, the said Committee would proceed, decerne, and punish, in Manner aforesaid; like as at more Length is conteyned in the said Warrant, Executions, and Indorsations thereof: Which being called, and the said James Duke of Hamilton, Robert Earle of Roxburgh, George Earle of Kinnoule, and William Earle of Lannerick, being oft-tymes called, and not compeired; and the Lord Chauncellor haveing produced a Letter directed from the Earle of Mourton to the said Committee, shewing that, in respect of his Infirmity, he could not keepe his Dyett; and the said Earle of Southeske compeired Personally, who declared that, in respect of his Inability to travell, he could not keepe the First Dyett; but that he had sattisfyed the Tenor of the Act of Committee, in subscribing the Covenant at Home, in his owne Parrish Church, with the rest of the Parrish, and was willing to renewe the same here, if soe the Committee should thinke fitting; like as at the Desire of the said Committee he did instantly sweare and signe the same; in respect whereof, the Committee hath assayled him from his Sumons, and whole Heads and Articles conteyned therein, and from all that hath followed thereupon: And the Committee decerned James Duke of Hamilton, William Earle of Morton, Rob't Earle of Roxburgh, George Earle of Kinnaile, and William Earle of Lanerick, to have (fn. 4) incurred, and to incurr, the Paines conteyned in the said Act of Committee; and accordingly declared them, and every One of them, to bee Enemyes to Religion, Our Honnor, and Peace of Our Kingdomes; and that theire Goods and Rents doe belong to the Publique; and that they shall not enjoy any Benefitt, Place, nor Office, within this Our Kingdome; and ordayne all Manner of Executions Personall and Reall to bee directed against them, for punishing theire Persons, and intrometting with theire Rents and Goods and Benefitt of theire Offices; because the said Duke of Hamilton, Earles of Morton, Roxburgh, Kinnoule, and Lanericke, being lawfully charged by a Messenger of Armes to have compeired this presente Day, to have heard and seene a Sentence given in Manner aforesaid, or els to have shewed a reasonable Cause to the contrary, did not compeire, nor shewe any Cause why the same should not bee done, as wee cleerly understand to the said Committee, for the whelke Cause they have decerned and declared in Manner aforesaid: Our Will is therefore, and Wee charge you streightly and commands, That incontinent, these Our Letters seene, you passe, and in Our Name and Authority make Publication hereof, by open Proclamation, at the Markett Crosse at Edenburgh, and Markett Crosses of the Head Burrowes of the Sheires, and Parrish Kirkes, against the said Persons theire Lands (fn. 5) lyes, wherethrough none of Our good Subjects pretend Ignorance of the same; the which to doe Wee committ to you conjunctly and severally Our full Power, by these Our Letters; delivering the same, by you duly executed and indorsate, againe to the Bearer.
A Discharge from the Treasurer of the Scotch Army, for 49,850l. received from the English Commissioners.
"I, Sir Adam Hepburne of Humby, Knight, Treasurer of the Army, and Generall Commissary for the Kingdome of Scotland, bee thir Presents grant me to have received from the Right Worshipful Sir William Ermin Knight Baronett, Mr. Thomas Hatcher, Mr. Richard Barines and Mr. Robert Goodwin, Esquires, Commissioners from the Right Honorable the Two Houses of Parliament of England, the Somme of Forty Thousand Pounds good and lawfull Money of the said Kingdome of England, in reall Espaces of currant Money forsaid; as alsoe certaine Bills or Exchange, to the Value of Nyne Thousand Eight Hundred and Fifty Pounds Money abovewritin: The Bills I have accepted as reall Payment of soe much Money, extending in the whole to the Sume of (fn. 6) Forty-nyne Thousand Eight Hundred and Fifty Pounds, Sterling Money; and that in Part of Payment of the Summe of One Hundreth Thousand Pounds, conditioned by the said Commissioners to have bein delivered to the Estates of this Kingdom, conforme to the Treaty; of the which Some of Forty-nyne Thousand Eight Hundreth and Fifty Pounds, Sterling Money forsaid, I grant the Resaitt; and, haveing Power from the Commissioners of the Convention of Estaitts of this Kingdome, doe hereby discharge the saids Commissioners of the Parliament of England, and both Houses of Parliament, for evir, be ther Presents, subscribed with my Hand, at Edinburgh, the Threttie Day of November, One Thousand Six Hundred and Forty-thrie Yeirs, before thir Wittnessis: