Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 9 die Martii.
L. Viscount Say & Seale.
Answers from the H. C.
That they will send an Answer, by Messengers of their own, touching the Ordinance for the raising of Monies in the Four associated Counties of Kent, &c. and to the Ordinance concerning the King's Goods at Windsor.
Report of the Conference concerning Scotch Affairs.
The Lord Wharton this Day reported the Effect of the Conference with the House of Commons on Thursday last; which was, "That the House of Commons acquainted their Lordships with some Papers, which they had received from the Scotts Commissioners; to which the House of Commons have made Resolutions upon them, which they offer to their Lordships Considerations:
4. Was read, A Result of the Committees of both Kingdoms, concerning the Demands, and about (fn. 1) the Scottish Army in Ulster.
Message to the H. C. about them.
Message from thence, for a Conference about the Letter from the King.
Report from the Committee of both Kingdoms of a Letter to be sent to the King.
The Earl of Northumb. reported, "That the Committee of both Kingdoms, taking into Consideration the drawing of a Letter to be sent to the King, upon somewhat that was then in Debate; the Scotts Commissioners have presented a Paper to the Houses of Parliament:" Which Paper was read.
And further it was reported, "That, notwithstanding the Scotts Commissioners could not yet give their Advice in some Particulars, yet the Committee have thought fit to make a Draught of a Petition to His Majesty upon those Heads which the Scotts Commissioners gave their Advice in:" Which was commanded to be read.
Message from the H. C. with Peers and Assistants Names to be examined at the Abp. of Cant's Trial;
and with Orders.
That this House agrees to their Desire for those Lords and Assistants of this House to be examined at the Trial of the Bishop of Cant. and to all the rest of the Particulars, this House will send them an Answer by Messengers of their own.
Report of the Conference about the Letter from the King.
"And the Lord Wharton reported the Effect of this Conference; which was, "That, according to the late Conference touching the King's Letter, it was referred to the Committees of both Kingdoms, to advise of a Letter to be sent to the King; and the Committee desiring the Advice of the Commissioners of Scotland therein, they agreed in all Particulars, excepting to that Clause of setting the King a Day to come (fn. 2) to His Parliament; concerning which, they have presented a Paper to the Two Houses of Parliament: And the Committees have drawn up a Letter according to those Particulars as the Scotts Commissioners agreed to, which the House of Commons have (fn. 3) approved of, and desire their Lordships Concurrence therein."
Scots Commissioners to have Time to receive Directions about fixing the Day for the King's Return.
"That this House doth Agree, That the Scotts Commissioners, according to a Clause in their Paper, may have Time to communicate to those that sent them, and receive their Directions concerning that Business of giving Day to the King to come to His Parliament; and that it be referred to the Committee of both Kingdoms to acquaint the Scotts Commissioners herewith."
No Copies to be taken of the Answer to the King's Letter.
"Ordered, That no Copies be taken of this Answer to the King's Letter, nor the Letter divulged, until such Time as it may be probably conceived that it may come to His Majesty; and that it be desired that Strangers may be kept out of the Painted Chamber at this Conference."
Declaration to be issued on these Letters.
Scots Commissioners Paper, for Time to receive Directions about fixing a Day for the King to return to the Parliament.
"Whereas, in this Matter, which soe much concerneth the Happines of both Kingdomes, our Councell and Advise, who are Commissioners from the Kingdome of Scotland, is desired, according to the Intent of the Covenant, the Articles of the Treaty lately agreed upon, the common Declaration of both Kingdomes, and our owne particuler Commission and Instructions; wee doe fully consent unto and approve of the Observations made upon His Majesty's Letter; wee are alsoe, and shal bee ready at all Occasions, by Word and Writing, to witnes (what the Kingdome of Scotland hath many Tymes done by theire Declarations, and doth now by theire Armes) that there is a full and free Convention of Parliament, established by Lawe passed by the King Himselfe, which, as all other Lawes of the Kingdome, He is sworne to maintayne, as the Subjects are sworne to theire Allegiance; to disclaime and oppose that Meiting at Oxford, made upp of such Persons as, contrary to theire Duty, have deserted the Parliament, and have bin the Instruments of much Dishonnor to the King, and of many greate Miseryes to His Dominions, of which neither they, nor such of (fn. 4) our Countrymen as have joyned with them, have to this Day given any Signe of Repentance; to use our uttermost Endeavors for procureing a just and wel-grounded Peace; and heartily to testify our Desires, that His Majesty may retourne to His Parliament, in such Manner, and with such Intentions and Resolutions, as may, by the joynt Advise of both Kingdomes, bee for the Good of Religion, Safety to Himselfe and His Kingdomes, and Sattisfaction to His good People: In all those, and what more shal be conceaved by the Wisdome of the Honnourable Houses of Parliament to bee conduceable for the Peace and Preservation of the Kingdomes, and the Ends expressed in the Covenant, as wee shall joyne with our best Affections and Endeavors, according to the Trust committed unto us, soe doe wee give Assurance, in Name of the Kingdome of Scotland, of theire constant Resolutions, with their Lives and Fortunes, to stand in Defence of this common Cause against all Opposition, and without Respect of any Persons whatsoever, as is contained in our Paper of the 5th and 17th of February, and unto which all the Members of the Committees of Estates, the Generall Officers and Colonells of the Army, have particulerly sworne and subscribed; only concerning the nameing of the Day for His Majesty to come to His Parliament, and the Course to bee taken for the Preservation of Religion and the Kingdomes, if His Majesty shall not come at the Day to bee named, they being Matters which doe import either the entring into a Way of present Peace, or a more irreconciliable Warre, and therefore such as wee have not nor could forsee to have particuler Instructions concerning them, wee must desire soe much Tyme as wee may acquaint the Committees of the Estates from which wee are sent, which shal bee done by us with all Speede and Faithfullnes; and in the meane Tyme wee conceave it necessary, that a Declaration bee emitted to the People, and a Letter sent to His Majesty, agreeable in Substance to what is expressed by the Honnourable Houses, saveing in these Particulers wherein wee have desired Tyme to advertise these that have sent us, and receave theire Directions.
Answer from both Houses to the King's Letter.
"We the Lords and Commons assembled in the Parliament of England, taking into our Consideration a Letter sent from Your Majesty, dated the Third of March Instant, and directed "To the Lords and Commons of Parliament assembled at Westm." (which, by the Contents of a Letter from the Earl of Forth unto the Lord General the Earl of Essex, we conceive was intended to ourselves), have resolved, with the concurrent Advice and Consent of the Commissioners of the Kingdom of Scotland, to represent to Your Majesty, in all Humility and Plainness, as followeth:
"That, as we have used all Means for a just and safe Peace, so will we never be wanting to do our utmost for the procuring thereof; but, when we consider the Expressions in that Letter of Your Majesty's, we have more sad and despairing Thoughts of attaining the same than ever; because thereby those Persons now assembled at Oxford, who, contrary to their Duty, have deserted Your Parliament, are put into an equal Condition with it; and this Parliament, convened according to the known and fundamental Laws of the Kingdom (the Continuance whereof is established by a Law consented unto by Your Majesty), is in Effect denied to be a Parliament; the Scope and Intention of that Letter being to make Provision how all the Members (as is pretended) of both Houses may securely meet in a full and free Convention of Parliament; whereof no other Conclusion can be made, but that this present Parliament is not a full nor free Convention; and that, to make it a full and free Convention of Parliament, the Presence of those is necessary, who, notwithstanding that they have deserted that great Trust, and do levy War against the Parliament, are pretended to be Members of the Two Houses of Parliament.
"And hereupon we think ourselves bound to let Your Majesty know, that, seeing the Continuance of this Parliament is settled by a Law (which, as all other Laws of Your Kingdoms, Your Majesty hath sworn to maintain, as we are sworn to our Allegiance to Your Majesty, these Obligations being reciprocal); we must in Duty, and accordingly are resolved, with our Lives and Fortunes, to defend and preserve the just Rights and full Power of this Parliament; and do beseech Your Majesty to be assured, that Your Majesty's Royal and hearty Concurrence with us herein will be the most effectual and ready Means of procuring a firm and lasting Peace in all Your Majesty's Dominions, and of be getting a perfect Understanding between Your Majesty and Your People, without which Your Majesty's most earnest Professions and our most real Intentions concerning the same must necessarily be frustrated; and in case Your Majesty's Three Kingdoms should, by reason thereof, remain in this sad and bleeding Condition by the Continuance of this unnatural War, to their Ruin, Your Majesty cannot be the least nor the last Sufferer. God in His Goodness incline Your Royal Breast, out of Pity and Compassion to those deep Sufferings of Your innocent People, to put a speedy and happy Issue to these desperate Evils, by the joint Advice of both Your Kingdoms, now happily united in this Cause by their late Solemn League and Covenant; which, as it will prove the surest Remedy, so it is the earnest Prayer of Your Majesty's loyal Subjects the Lords and Commons assembled in the Parliament of England.
Paper from the Scots Commissioners, about the Covenant, and for Supplies for their Armies.
"Haveing the Honnor and Happines to meete with your Lordships and these noble Gentlmen of the House of Commons, as a joynt Committee of both Kingdomes; wee cannott neglect at this Occasion heartily to acknowledge, in the Name of the Kingdome of Scotland, the good Providence of God, and the Favour and Care of the Honnourable Houses of Parliament, in joyning the Councells of both Nations; which if the Lord shal bee pleased (according to our Prayers and Hopes) to blesse with Unity, Direction, and Successe, it may prove One of the most effectuall Meanes of carrying on a prosperous Warre, and thereby (all other Wayes failing) of procureing a religious, righteous, and sollid Peace to these Dominions; and to assure this Honnourable Committee, that wee shall bee most willing and ready, by God's Assistance, to contribute our best Endeavors in Pursuance of the Covenant, Treaty, and common Interest of both the Kingdomes, with all Truth of Heart and Faithfullnes, without particuler Respects or Interests whatsoever: And, that noe Tyme may bee lossed, wee resolve herewith to comunicate to this Honnourable Committee these our Desires, which are most pressing, can least admitt of Delayes; and will take upp most Tyme for theire Dispatch, although wee must acknowledge the provident Care of the Parliament hath taken such Course concerning some of them as wee neede not much to insist thereupon.
"Wee are commaunded first of all earnestly to desire that the Covenant may bee sworne and subscribed throughout the whole Kingdomes of England and Ireland, whereof the last Part is only now to bee taken to Consideration; seeing the Honnourable Houses, by theire late Ordinances sent unto the severall Countyes, have taken Course for the First, which wee desire may bee earnestly prosecuted.
"Likeas wee are directed earnestly to remonstrate to the Honnourable Houses of Parliament, and the Reverend Assembly of Divines, the greate and manyfold Necessity of ripening and hastening with all convenient Speede the Setling of Church Affaires, for bringing the Churches within these Nations to Unity, and the neerest Uniformity in Religion and Church Government, and for Extirpation of Popery, Prelacy, Superstition, Schisme, Heresy, and Prophanesse, as is exprest in the Covenant; concerning which wee have alsoe heard of an Order already directed from the Honnourable Houses, for quickening the Assembly; and therefore wee shall only desire this Honnourable Committee, in theire Wisdome, to thinke upon the best and readiest Meanes of a speedy Dispatch, which may bee a Ground of Resolution to doubting Mynds, and a Principle of much Activenes for the Publique Good.
"Wee are alsoe directed seriously to remonstrate the Necessity, and effectually to endeavor the hastening doune unto the Army, what is already or shall heareafter become due unto them, according to the Treaty; and especially seing wee knewe before our comeing away, that the vast Charges of the levying of the Horse and Foote in such an unseasonable Tyme of the Yeare, outreacking of the Artillery, makeing some Provision of Victuall, and many other Things, sufficiently knowne here by the like Experience (and whereof the Particulars are fully comunicate to the Committee of the Parliament with the Army), to bee necessary to make soe greate a Body to live and move, joyned with the Supplyes sent unto Ireland, had soe exhausted the extraordinary Loane of Scotland, and the most Part of the Moneyes sent from hence, that there remained not in the Hands of the Treasurer of the Army, at the crossing of Tweede, on Fourthnight's Allowance in Money for a newe leavyed Army, at the Begining of theire March, in a Winter Season, through a County before wasted by the Enemy: Therefore wee most earnestly desire this Honnourable Committee tymously to advise, and effectually to deale, with the Honnourable Houses of Parliament, for a speedy dispatching, in Money and other necessary Provisions, the Remainder of that, which, according to the Treaty, should bee advanced; and withall, in Foresight of there Necessityes, to lay downe the solid Way of furnishing to them readily theire following Monthly Allowances.
"The Necessityes of the Scottish Armys in Ireland have beene soe often remonstrate to the Parliament, both by Papers and Messengers, and theire late Miseryes, to the very starving of many by Hunger and Could, with the greate Inconveniencyes either of the utter undoeing them there, or recalling them to the Losse of that Kingdome, both unto that Crowne, of this, and to the Crowne of England, are soe farre beyond our Expression; and the Charges and Troubles of this Nation have beene soe greate, as to retard for above Eighteene Monethes together all Remedyes and Supplyes of Money, Cloathes, or Victuall, from this Nation; and the Kingdome of Scotland is soe exhausted by theire by-gone Supplyes for theire Entertainment, as they are not able to continue any longer under that unsupportable Burden; that wee knowe not now what to say, but, as wee were then directed when wee came away, earnestly to desire, and speedily to procure, the tymous Accomplishment of the Propositions sent upp to the Parliament from both Committees concerning them, and the Payment of the Bills of Exchange that have followed thereupon, which wee heare are accepted of by the Two Receivors of the Committee at Goldsmith Hall; and withall to shewe that, if, for Want of tymeous necessary Supplyes of Money, Victuall, and Clothes, they bee constrayned (which God forbidd) by an absolute Necessity to come away (as was remonstrate in the Result of the Committee of both Kingdomes sent hether before), whatsoever Inconvenience, may fall out, it is neither Default of the Kingdome of Scotland nor there Army, who are most willing (in case of competent Maintenance) to spend theire Lives in Prosecution of that Cause, against the bloody Rebells, in Opposition to the Cessation, and in the Protection of the poore Protestants in Ireland.
Answer to it.
"The Lords and Commons assembled in Parliament do order the Committee by them appointed to join with the Commissioners of Scotland, to return this Answer following to the Paper of the said Scottish Commissioners, dated the 17th of February, 1643, and presented to both Houses:
"That the Parliament do esteem themselves very happy in the Means which the Kingdom of Scotland have afforded them for the joining of the Counsels of both Kingdoms in this common Cause, by sending their Commissioners to reside near unto them, and those such Persons in whom the Parliament and Kingdom of England hath so good Cause to confide, not only from the former Experience they have had of them, but also from later Observations, with what Prudence and Fidelity they have demeaned themselves in the great Trust reposed in them; that there shall nothing be wanting in the Parliament, upon all Occasions, to testify the true Sense they have of the ready Affections which they find in their Brethren of Scotland, to engage themselves so unanimously and chearfully for their Assistance, notwithstanding the many Hardships and Difficulties, which, partly from the Season of the Year, partly through the great Wants and Exigents this Kingdom is reduced unto, they cannot but foresee they must needs meet with; and they do not doubt but, by the Blessing of God upon the joint Endeavours of both Nations in so good a Cause, the Issue out of these unhappy Troubles and Distractions will be such, as will lay a firmer Foundation for the settling our Religion in its Purity, and our Laws and Liberties in their Vigour, than ever.
"That (fn. 6) to the several Particulars contained in the Paper of the Scotts Commissioners, this Answer is to be returned:
"1. That the Two Houses have appointed, by an Ordinance of Parliament (herewith presented), the swearing and subscribing the Covenant throughout the Kingdom of England and Dominion of Wales; and do approve well that some Course be thought upon, for the doing the like throughout the Kingdom of Ireland; for which Purpose, they have referred the Consideration hereof to the Committee of both Kingdoms.
"2. That as the Parliament have already, by their Order (a Copy whereof is herewith tendered), thought fit to quicken the Assembly of Divines in their Proceedings, whereby the Affairs of the Church with all convenient Speed may be settled; so will they call upon them from Time to Time concerning the same, as being fully sensible of the Necessity thereof.
"3. That, for the Supplies mentioned to be speeded away to the Forces of our Brethren now in England, there is a Committee appointed at Gouldsmiths Hall, whose constant Labour and Work it is, that the said Committee, being enabled by an Ordinance of both Houses, have and do use their utmost Diligence to procure the Hundred Thousand Pounds agreed by the Treaty, and by their Endeavours have already dispatched away to Scotland the Sum of Fifty Thousand Pounds, or thereabouts, in Money, Four Thousand Pounds in Victuals, and have accepted a Bill of Exchange here of Three Thousand Pounds, for the Accompt of that Army; so that what is now remaining to be paid amounts only to the Sum of Forty-three Thousand Pounds, for the speedy procuring of which all possible Diligence is and will be used: And to the End the Army in the mean Time may be provided and supplied with their Monthly Pay, according to the Treaty, the Parliament have passed full and ample Instructions to their Commissioners residing in the Scottish Army, for the levying and raising Monies in those Counties, which are forthwith to be sent to them.
"4. That the Parliament is extremely sensible of the Necessities of the Scottish Army in Ireland, and have, so far forth as hath lyen in their Power, taken Care for the Supplies thereof; though, by reason of their own great Extremities here at Home, they have been hindered therein far beyond their Expectation.
"That they have seen the Result of the Committees of both Kingdoms concerning the Supplies desired for that Army, some Particulars whereof they have consented unto, as will appear by their Votes herewith offered; the rest they hold necessary to refer to the Consideration of the Committee of both Kingdoms here, before they do give a Resolution to them.
"That they have committed the Care of the supplying the Necessities of this Army likewise to the Committee at Gouldsmithes Hall, who have accepted Bills of Exchange out of Scotland to the Value of Twelve Thousand Eight Hundred and Fifty-five Pounds, for Ten Thousand Bolls of Meal, and some Cloaths provided from thence; they have also agreed for, and provided here, Six Thousand Suits of Cloaths, Ten Thousand Pair of Shoes and Stockings, which they hope very speedily to have shipped away.
"That, for the Ten Thousand Pounds present, and Fifty Thousand Pounds in February last, desired in the Result of the Committees of both Kingdoms, the Wants and Extremities of this Kingdom are so great, that the Monies expected to supply the same are not yet come in to the Treasurers Hands at Goldsmiths Hall, notwithstanding the Course settled by the Parliament for the effecting thereof, and constant Care of the Committee in that Behalf.
"That, therefore, they do desire that the Kingdom of Scotland would co-operate with them, so far as lies in their Power, to keep the said Army in Ireland, for the Prosecution of the War against those bloody Rebels; and so far as is possible for the Parliament of England to do, for the speedy providing the said Sixty Thousand Pounds, for helping them to a necessary Subsistence in the mean Time, and for settling a future Course for the same, they will apply themselves thereunto with all Readiness and Care."
"Additional Instructions, the Ninth of March, 1643, by the Lords and Commons assembled in Parliament, for John Earl of Rutland, Sir William Armyne Baronet, Sir Henry Vane Junior, Knight, Thomas Hatcher, Henry Darley, Robert Goodwin, Bryan Stapleton, and Robert Fenwick, Esquires, Mr. John Kendrick Alderman, and Mr. Francis Allen.
Additional Instructions for the Commissioners in Scotland.
1. You shall make known to our Brethren of Scotland, that the several Treaties concerning the Assistance desired from the Kingdom of Scotland by the Parliament of England, and concerning the Garrison of Barwick, are assented unto, confirmed, and approved, by both Houses, in the Manner and Form they were subscribed by the Committees of both Kingdoms, and sent from them to both Houses, whereof you shall receive Copies under the Clerks Hands; and that Colonel Hume is approved of by both Houses to be Governor of Barwick, pro Tempore.
"2. You are also to declare to our Brethren of Scotland, that the Parliament have settled a Course for the taking of the late Solemn League and Covenant throughout this Kingdom, and Dominion of Wales; and we do hereby give you full Power and Authority, by yourselves or such as you shall appoint, to cause the said League and Covenant to be taken throughout the several Places and Counties where you shall come, where it hath not been already taken, and to such Persons as have not taken the same; and for your better Direction herein, you have herewith sent you the Ordinance of Parliament appointing the taking thereof as aforesaid.
"3. And whereas we are credibly informed, that many Ministers, in the several Counties of Nottingham, Yorke, Bishoprick of Durham, Northumberland, Cumberland, and Westm'land, the Town and County of Newcastle upon Tyne, the City and County of the City of Yorke, and the Town of Nottingham, are not only of scandalous Life and Conversation, but, leaving their Charges and Cures, have withdrawn themselves wilfully from the same, and have joined with such Forces as are raised against the Parliament and Kingdom, and have aided and assisted the said Forces; and that many that would give Evidence against such scandalous Ministers are not able to travel to London, nor bear the Charges of such a Journey; you have therefore hereby full Power and Authority given you, to call before you all Ministers, in any of the Counties and Places aforesaid, and all School-masters, that are scandalous in their Lives and Conversations, or ill-affected to the Parliament, or Fomenters of this unnatural War, or that shall wilfully refuse Obedience to the Ordinances of Parliament, or that have deserted their ordinary Places of Residence, not being employed in the Service of the King and Parliament; and likewise to send for any Witnesses, and to examine any Complaint or Testimony against them, upon Oaths of such Persons as shall or may be produced to give Evidence against them; and to eject such as you shall judge unfit for their Places, and to sequester their Livings and Spiritual Promotions, and to place others in their rooms, such as shall be approved, Godly, Learned, and Orthodox Divines, who shall enjoy the Benefit of the said Livings accordingly; and further you shall have Power to dispose a Fifth Part of all such Estates as you shall sequester, for the Benefit of the Wives and Children of any the aforesaid Persons, and likewise to examine and inhibit all such as do obstruct the Reformation now endeavoured by the Parliament and Assembly of Divines.
"And you are to take Notice, that, by this Instruction, it is not our Intention to abridge (nor are you by virtue hereof to do any Thing that may abridge) any Power granted by us in this Behalf unto the Right Honourable the Lord Fairefax, within the County of Yorke; but that the same shall be fully reserved unto him, any Thing herein contained notwithstanding.
"4. And because it hath not been possible, in regard of the great Streights and Extremities under which this Kingdom labours (notwithstanding all the Diligence which hath been and still is used), to send as yet the Remainder of the Hundred Thousand Pounds according to the Treaty, for the Supply of the Forces of our Brethren of Scotland, now entered into this Kingdom for our Aid and Assistance; and yet, forasmuch as the Parliament is desirous to testify how ready they are to give all Manner of Encouragement to those Forces, which, through so many Hardships and Difficulties, are come in to their Aid, you are therefore further to acquaint our Brethren of Scotland, that the Parliament have herewith sent you full and ample Instructions, to enable the Maintenance and Payment of those Forces aforementioned, besides what is provided in your last Instructions, out of the Sequestrations; to the End that no Means may be omitted, which lies in their Power, for the Monthly Payment of Thirty-one Thousand Pounds according to the Treaty, nor any fitting Encouragement may be wanting which they can give them.
"5. You have hereby full Power and Authority given you, in such Places and Counties where you shall come, to receive such voluntary Loans and Contributions, from any Person or Persons that shall be willing to lend or contribute any Sum or Sums of Money for the Good of the Kingdom and Parliament; to every which Persons, upon the Payment of the said Sum or Sums of Money to you, or such as you shall appoint Collectors for the same, you, or the Collectors by you appointed, shall give an Acquittance, testifying the Receipt thereof; which Acquittance, by the said Persons, or any of them, being produced, shall be a sufficient Warrant for every of them to demand the Re-payment of the same upon the Public Faith of the Kingdom, and shall oblige the Re-payment thereof according to the Propositions of both Houses in that Behalf formerly set forth.
"6. You have further Power and full Authority given you, to rate, tax, and levy, upon the several Counties of Nottingham, Yorke, Bishoprick of Durham, Northumberland, Cumberland, and Westmerland, the Town and County of Newcastle upon Tyne, the City and County of the City of Yorke, the Town and County of the Town of Nottingham, such moderate Taxes and Rates as you shall hold fit and requisite Weekly to be collected, or otherwise; and for the more equal and indifferent rating and taxing any Sum or Sums of Money upon every or any the Counties aforesaid, you shall call to your Assistance Six or more Persons of Integrity of every County as aforesaid, which shall be so rated and taxed; which said Persons, or any Six or more of them, by you called or nominated, are hereby authorized to be a Standing Committee in the County for which they are called; and are hereby required to distribute and proportion the Sums by you rated and taxed as aforesaid upon that County, into the several Limits and Divisions thereof, with all Equality and Faithfulness; and have hereby Power to nominate and appoint fit and able Persons, within every Limit and Division as aforesaid, to subdivide, rate, and tax, the Sums so distributed and appointed as aforesaid, upon the several Persons chargeable within the same; as also to nominate and appoint, in every Limit and Division, Collectors, who shall collect the said Monies so rated and assessed, and pay the same unto you, or such Persons as shall be by you appointed and authorized for that Purpose.
"And if any Person or Persons chargeable as aforesaid shall not, upon Demand, pay the Sum or Sums of Money on him or them rated and assessed; it shall be lawful for the said respective Collectors, or any One of them, to levy the same by Way of Distress and Sale of the Goods of the Persons so assessed; and to call to their Assistance any Person or Forces in the said respective Counties, who are hereby required to be aiding and assisting to the Collectors in the Premises, as they will answer the contrary at their Perils; and hereof you are to cause true Accompts to be made and kept, and to be returned in Writing, from Time to Time, to both Houses.
"7. You are also further authorized to cause the several Ordinances of Excise, which are or shall be made by the Parliament, to be put in Execution in the Counties and Places aforesaid (where the same is not already settled), according to such Commissions and Directions as you shall receive from the Commissioners of Excise for the Time being, or, in Default thereof, by such Officers, and according to such Directions, as you shall think fit, and find requisite for the Service, and shall be of most Advantage to the State; and the Monies arising from the same you have hereby Power, by yourselves or such as you shall appoint, to receive from the Officers and Collectors thereof; and are to cause true Accompts to be made and kept of the same, and Duplicates thereof to be returned as well to the Parliament as to the Commissioners of Excise; and your Acquittances, testifying the Receipt of any such Sum or Sums of Money as aforesaid, shall be a sufficient Discharge to those whom it may concern.
"8. You have likewise full Power and Authority given you, to demand and receive, by yourselves or such as shall be by you authorized thereunto from the Receivers appointed, or to be appointed, by the Committee of Parliament for the Revenue, their Agents or Deputies, within the Counties aforesaid, all such Sum or Sums of Money as shall arise or grow due out of any of the Revenues whatsoever, of or belonging to the King, Queen, or Prince, in those Counties; and are to give your Receipts or Acquittances for the same, by yourselves or such as shall be by you authorized for that Purpose; which said Acquittances shall be allowed by the said Committee, of the Revenue to the said Receivers, their Agents or Deputies, in as full Discharge as if the said Sums had been paid in to the said Committee, any Ordinance to the contrary hereof notwithstanding; and you are to be assisting to the said Receivers, their Agents or Deputies, for the better Collection of the Monies aforesaid, as there shall be Cause, according to the Direction of the Ordinance concerning the Revenue; and are to keep true Accompts of what you shall receive by virtue hereof, and to cause the same to be returned, from Time to Time, unto the said Committee of the Revenue.
"9. And all the Monies arising out of the aforesaid Collections, Taxes, and Assessments whatsoever, in the Counties aforesaid, are by you to be employed for the Payment of the Monthly Pay of the Scottish Forces, and such other Forces as are or shall be raised by Authority of Parliament in the said Counties, and otherwise, as is or shall be directed by both Houses of Parliament.
"10. And, to the End the said Counties be not overburdened by the free Billeting of the Soldiers, whilst they are subject to the Rates and Taxes abovementioned, (fn. 7) you are to take Care that whatsoever the Soldier shall owe upon free Billet be duly brought to Accompt; and that the Country receive Satisfaction, by Defalcations out of their Assessments, or otherwise as you shall see Cause; and that the said free Billet or Provision be accounted as Money, in Part of Pay unto the Soldier; and in case the Country be not able to pay their Rates and Assessments in Money, you are to allow the same in whole or in Part, as you shall see Cause, in such free Billet or Provisions as shall be taken up for the Soldier by your Direction, or by the Direction of the Committees of both Kingdoms.
"11. And because it will be necessary, for the better putting in Execution of the Premises, to employ several Persons as Officers, to whom reasonable Allowances must be made for their Pains in this Service, you have hereby full Power and Authority given you, to nominate and appoint all such Officers as you shall find necessary or requisite for the Execution of the Premises, and to make such reasonable Allowances unto them for the same as shall be meet; and likewise to make Allowances to yourselves, out of the Monies aforesaid, for the defraying of your Public Charges, in the Service of the Parliament and Kingdom, the Sum of Four Hundred Pounds Monthly; and shall, from Time to Time, give an Accompt in Writing of your Proceedings herein to both Houses.
12. And forasmuch as the Parliament hath thought it necessary that the Two Kingdoms should be joined together in their Counsels as well as in their Forces, in this common Cause; you are therefore further authorized and appointed, as a joint Committee with the Committees of our Brethren, to advise and direct concerning the Premises in all Things that may conduce to the better carrying on of this Service, and to consider of any other Ways or Means (if those beforementioned shall not be found sufficient) to maintain the Forces aforesaid, and those to present to both Houses with all convenient Speed; and are to give frequent Advertisement of your Proceedings; in all the Affairs committed to your Charge, to the Two Houses of Parliament, or to the Committees of both Kingdoms residing with them.
"13. And you have further Power and Authority given you, to nominate and appoint Collectors and Receivers of the Arrears of Recusants Estates in the said Counties, upon Leases thereof made, upon Seizures or Compositions heretofore due or compounded for, with His Majesty, or any other Arrears remaining in the Charge of the Court of the Exchequer, or Sheriffs Accompts, which will appear by the Estreats which shall be sent unto you; and the Monies thereof arising you are to employ to the Uses expressed in these Instructions; and you are, by yourselves or such as you shall appoint, to give Acquittances for the Receipts of any of the Monies as aforesaid, which shall be a sufficient Discharge to the Parties whom it may concern; and you are to cause true Accompts hereof, from Time to Time, to be kept, and returned to both Houses of Parliament."
Approbation of Colonel Hume; by Committees of both Kingdoms, to be Governor of Berwick.
"Whereas the Two Houses of the Parliament of England, and the Convention of the Estates of Scotland, have given Power to us their respective Committees and Commissioners, to settle the Town and Garrison of Barwick, according to the Articles of the Treaty in that Behalf by them agreed to, and by us their Commissioners formally concluded; and whereas, by the First Article of that Treaty, it is agreed that there should be forthwith, by the mutual Advice and Consent of both Kingdoms, a Garrison of the Scottish Nation placed in that Town, and the Governor and Prime Officers thereof to be approved by the Two Houses of the Parliament of England, or their Commissioners in that Behalf appointed: We the Committee of Estates do hereby nominate Colonel Hume, pro Tempore, to be Governor of the said Town and Garrison; and we the Commissioners of the Parliament of England do, on their Behalf, approve of the said Colonel Hume as Governor of the said Town, and shall give Warrant to Mr. Darley, who hath the present Charge thereof, to deliver up the Government unto him.
"And whereas, in the same Article of the said Treaty, it is further agreed, that the said Garrison shall be Part, and paid as Part, of the Scottish Army, which, according to the Grounds of the Covenant and Treaty, being mutually agreed unto, they are to bring into England, for the Aid and Assistance of their Brethren; we the said Committees and Commissioners, do hereby agree, that, from the Time of the Receipt of the Five Thousand Pounds, Part of the Advance-money sent from England, that is, from the 22th Day of November inclusive, 1643; the said Garrison shall be paid by the Kingdom of Scotland; and so for the Time to come.
Propositions from the Committees of both Kingdoms, concerning the Demands about the Scottish Army, 27 November.
"Commissioners from the Parliament of England having given in a Paper of the 22th November Instant, to the Committee of Convention of Estates in Scotland, declaring that, by their Instructions, they were to consider with the said Committee of the fittest and best Ways and Means for the ordering of the Scottish and Brittish Forces in Ireland, at the easiest Expence and Charge of both Kingdoms, and in such Manner as might best conduce to the Prosecution of that War, according to the Ends expressed in the Covenant; whereupon the said Committee of Estates, advising with the Commissioners and Officers sent from the Scottish Army in Ireland, delivered unto the said Commissioners of the Parliament of England certain Demands, unto which they returned Answer in Writing; and, upon serious Debate, and mature Deliberation upon the whole Matter, between the said Committees of both Kingdoms, these ensuing Propositions were agreed upon, to be presented to (fn. 8) both Houses of the Parliament of England:
"2. That there be a present providing of Ten Thousand Suits of Cloaths and Shoes, Ten Thousand Bolls of Meal, and Ten Thousand Pounds in Money (as Part of the Sixty Thousand Pounds formerly promised by the Parliament of England to the Scottish Army in Ireland, in Part of their Arrears); the which the English Commissioners and Committee of Estates must presently undertake and advance, that the Army may be able to subsist in some Measure without Starving, till the Money hereafter specified and other Provisions come to them.
"3. The English Commissioners do Agree, That, betwixt this and the 1st of February next, there shall be paid and delivered, at Carrickfergus or Leith, for the Use of the said Army, in Part of Payment of their by-gone Arrears, the Sum of Fifty Thousand Pounds Sterling, being the Remainder of the said Three Score Thousand Pounds formerly demanded and promised.
"4. The said Commissioners Agree, That he who doth or shall command in Chief over the said Army, by joint Advice of both Kingdoms, shall also command the rest of the Brittish Forces in Ireland; and, for the managing of that War, and prosecuting of the Ends expressed in the Covenant, that the same be done by joint Advice, with the Committees of both Kingdoms.
"5. And in respect of the great Extremities the said Army hath been put to, for Want of their by-gone Pay, it is therefore now Agreed, That, in case the said Fifty Thousand Pounds shall not be really paid and delivered at the Day aforesaid, or that Assurances and Security shall not be granted for the future Monthly Pay, the said Army shall be transported, upon the Parliament of England's Charge, to such Parts of England as they shall receive Orders for, from the General of the Scottish Army with Advice of the Committees of both Kingdoms, where they shall be maintained in the same Manner, and according to the same Establishment, as shall be appointed for the Scottish Army now raised, and that at the Charge of the Parliament of England; as also that the said Parliament of England shall provide, for the Use of the said Army, a considerable Sum of Money to be delivered, and a competent Number of Ships for the transporting of them, the Money to be accounted in the Transport-money appointed by the Treaty; and what is over and above to be allowed in Part of the Arrears: And in like Manner it is Agreed, That, if the said Sum be not paid, and Assurances given for the future Maintenance, as is before mentioned (in Default whereof they will be constrained to come away), the Two Houses of the Parliament of England shall stand still obliged (according to the Treaty) for the whole Arrears, which shall be due and payable to the said Army at the Time of the Transport, in such Manner and Form as the Parliament hath formerly declared.
"6. That there be sent over to Carrickfergus, from England, to the Use of the Scottish Army, and the Troops appointed to attend them, whether they stay there or come from thence, the Number of Five Thousand Arms, whereof Three Thousand Muskets, One Thousand Five Hundred Pikes, and Five Hundred Pair of Pistols, and other Furniture for Horsemen, and Ammunition suitable to the Service.
"7. And lastly, so long as the Brittish Regiments shall remain in the Service of the King and Parliament, the Two Houses of the Parliament of England are likewise to give Satisfaction to them for their Maintenance.
Answer to Result of the Committee of both Kingdoms.
"The First, Second, and Fourth Result of the Committees of both Kingdoms, concerning the Demands about the Scotts Army in Ireland, were put to the Question, and assented unto by the Houses; videlicet,
"That there be present providing of Ten Thousand Suits of Cloaths and Shoes, Ten Thousand Bolls of Meal, and Ten Thousand Pounds in Monies, as Part of the Sixty Thousand Pounds formerly promised by the Parliament of England to the Scotts Army in Ireland, in Part of their Arrears.
"The which the English Commissioners and Committee of Estates must presently undertake and advance, that the Army may be able to subsist in some Measure without Starving, till the Money hereafter specified and other Provision is come to them.
"The said Commissioners do Agree, That he who doth or shall command in Chief over the said Army, by joint Advice of both Kingdoms, shall also command the rest of the Brittish Forces in Ireland; and, for the further managing of that War, and prosecuting the Ends expressed in the Covenant, that the same be done by joint Advice with the Committees of both Kingdoms.
"That, touching the Fifty Thousand Pounds desired in the Third Demand about the Scotts Army in Ireland, the Answers of the Houses are expressed in the Paper returned by Way of Answer to the Paper of the Scotts Commissioners.
"That the Fifth Article of the Result of the Committees of both Kingdoms, concerning the Demands about the Scotts Army in Ireland, be referred to the Consideration of the Committee of both Kingdoms here, who are to present their Opinions upon it with all convenient Speed.
"That the Houses do agree to the last Article, that as long as the Brittish Regiments shall remain in the Service of the King and Parliament, that the Two Houses of Parliament do give Satisfaction to them for their Maintenance.