Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Martis, 24 die Junii.
Letter to the Parliament of Scotland.
The Earl of Manchester reported, "That the Committee of both Kingdoms were commanded to draw a Letter, to be sent, from the Houses of Parliament here, to the Parliament of Scotland, by the Lord Chancellor:"
Letter from the Scots Commissioners to defer the putting a Garrison into Carlisle; and with a Paper.
"The Comittee of both Kingdomes not having met this Morning, we thought fitt earnestly to desire your Lordship, to move the Reading of the inclosed in the House of Lords; and that nothing may be done concerning the putting of a Garrison in Carlile, till we be first acquainted therewith, because it may entrench upon the Articles of the large Treaty betweene the Kingdomes; and, after Perusall thereof, to send it downe to the House of Commons; which shall very much oblidge
Message to the H. C. about putting a Garison into Carlisle;
about the Earl of Northumberland's Allowance, and providing for the King's Children;
and with Ordinances, &c.
Message to the H. C. about sending the Letter to the Parliament of Scotland.
A Message was (fn. 1) sent to the House of Commons, by Sir Edward Leech and Mr. Page:
Message to them, with the Letter and Paper from the Scots Commissioners.
Committee for Sequestrations.
Answer from the H. C.
E. of Denbigh against Capt. Stone & al. Committees for Stafford.
And what the Defendants did except against at this Bar, and have to alledge by Way of Answer, that they put it into Writing between this and Saturday next, at which Time Parties on both Sides are to be present.
Message from the H. C. that they agree to the Letter to the Parliament of Scotland.
That their Lordships will take the Alterations in the Letter into present Consideration, [ (fn. 2) and send an Answer] by Messengers of their own.
Colonel Vermuden freed from an Arrest.
Message to the H. C. with an Alteration in the Letter to the Parliament of Scotland, and about Mr. Glover's Petition.
Earl of Northumberland 3000l. per Ann. to be paid out of the Mint.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Three Thousand Pounds per Annum, formerly assigned to the Earl of Northumberland by former Ordinance, shall be paid Monthly unto him, out of the whole Profits of the Mint; the First Monthly Payment to begin from the Time the said Ordinance passed."
King's Children to be provided for as formerly.
"Resolved, by the Lords and Commons in Parliament, That those Children of the King shall be provided for and maintained in such Manner as the Third and Fourth Children of former Kings in former Times have been provided for.
Order for 1000l. to Mr. Bence, out of the Excise, lent by him for the Forces in Pembrokeshire.
"Whereas, by Ordinance of Parliament of the 16th of April last, Three Thousand Pounds were charged on the Receipts of the Excise, in Course, for Supply of the Forces in Pembrooksheir; and whereas John Bence, of London, Merchant, hath consented to furnish One Thousand Pounds in Provision, towards their said Supply: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the Commissioners of Excise and new Impost shall be, and hereby are, authorized and required to make Payment of One Thousand Pounds, Part of Three Thousand Pounds, charged as aforesaid, out of the Receipts of Excise or new Impost, upon the Ordinance 11 September, 1643, unto the said John Bence, or his Assigns, for the Provision aforesaid, in such (fn. 3) Course and Order when as other Assignments already made on those Receipts shall be first satisfied and paid; and the Receipt of the said John Bence, or his Assignee, for the said One Thousand Pounds, shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf."
Colonel Bridges to command Colonel Boswell's Regiment.
Lt. Col. Hobart to command Col. Walton's Regiment.
Order for the Commissioners of Excise to reimburse themselves 1680l. advanced for the Forces under Colonel Rossiter in Lincolnshire.
"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of One Thousand Six Hundred and Eighty Pounds, for the Relief of the Forces in Lincolnesheir, under the Command of Colonel Rosseter: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise shall and may reimburse themselves, and that their Executors, Administrators, and Assigns, shall be reimbursed, of the said One Thousand Six Hundred and Eighty Pounds, together with Interest for the same, after the Rate of Eight per Cent. out of the Receipts of the Excise, upon the Ordinance of the 11th of September, 1643, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Assignments already made shall not fall due, or, in Default thereof, then in such Order and Course as this Ordinance, according to the Date hereof, shall succeed; for which Reimbursement of Principal and Interest, this Ordinance shall be their, the said Commissioners of Excise, or their Successors, Warrant and Discharge: And it is further Ordained, That the said One Thousand Six Hundred and Eighty Pounds, so by the said Commissioners of Excise advanced and lent for the Use aforesaid, shall be paid unto Sir Christopher Wray and Sir Edward Aiscough, whose Receipt shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, for the said One Thousand Six Hundred and Eighty Pounds in that Behalf."
Order for 5000l. for Portsmouth Garrison.
"It is this Day Ordained, by the Lords and Commons in Parliament, That Five Thousand Pounds shall be paid in Course, out of the Receipts of the Excise or new Impost, by Ordinance of the 11th of September, 1643, towards the Payment of Two Hundred Pounds per Week, settled for the Maintenance of the Garrison of Portsmouth and South Sea Castle; and the Commissioners of Excise or new Impost are hereby authorized to pay the said Sum of Five Thousand Pounds, according to its due Order and Course, unto Colonel Richard Norton, Governor of the Town of Portsmouth, his Order or Assigns, next after the Assignments already made on the said Receipts shall be first satisfied; and the Receipt of the said Colonel Richard Norton, or of his Order or Assigns, sufficiently by him authorized thereunto, shall be a sufficient Discharge unto the said Commissioners of Excise or new Impost, and every of them, in that Behalf."
Paper from the Scots Commissioners, accusing Sir Wilfred Lawson, Messieuis Barwis, Lamplugh, &c. of holding a Correspondence with the Enemy in the North; and desiring a Scots Garrison may be put into Carlisle, till the Troubles are over, when it shall be quitted, and the Works slighted.
Upon Friday last in the Afternoone, a Petition subscribed by Rich'd Barwis and Thomas Lamplugh, in Name of the Inhabitants of the County of Cumberland, was sent unto us, by Order of the Honnorable House of Commons; upon which the Committee of both Kingdomes is desired to deliver their Opinion, or to report their Proceedings, whereunto wee the Commissioners of Scotland doe retourne this Answere:
"That, since those Gentlemen who subscribe that Petition have taken the Liberty and Freedome to speake soe liberally against the Scottish Army, wee doe hould it a Duty necessarily incumbent to us, to make knowne unto the Honnorable Houses of Parliament some Informations delivered to us by Two Commissioners of the wel-affected of the Countyes of Westm'land and Cumberland, sent thither by them to present Articles to the Honnorable Houses against the Subscrivers of this Petition, and diverse others in those Countyes.
"The Information wee received from them under their Hands, and which they declare themselves ready to make appeare, is, That many of the Comaunders and Members of the Committee, who were in actuall Rebellion against the Parliament, under the Earle of Newcastle, and did take the Oath prescribed by him, are still continued in their former Charges and Employments.
"That very little of the Sequestrations of Westmerland and Cumberland have bin uplifted; many of those to whome it is entrusted to put the Ordinances of Parliament in Execution being themselves Delinquents.
"That some of the Committee for Cumberland, being desired to sequester the Estates of Delinquents, said, "They wished there were noe Sequestrations at all; and that they had Warrant from the Commissioners of the Parliament not to sequester."
"That the Reason of the Scottish Forces imposeinge Assessments upon the Countyes did proceede from the Malignity of the Committees, who either refused or neglected their Duty, in assessing the Country, and uplifting thereof; and yet underhand stirred upp the Commons to withstand the Scotts, in takeing upp the Assessments.
"That Sir Wilfured Lawson, Brother to Mr. Richard Barwis (a Member of the House of Commons, and One of the Committee of both Kingdomes with the Scottish Army), is a knowne Malignant, was actually in Rebellion under the Earle of Newcastle against the Parliament, and continued in Armes till those Countyes were reduced to the Obedience of the Parliament; and yet, notwithstanding, is now entrusted with the Commaund in Cheife of the Parliament's Forces in those Countyes, is now made High Sheriff of Cumberland, and One of the Grand Committee for the Northerne Association.
"That Sir Wilfured Lawson, with the Assistance of John Barwis Uncle to Richard Barwis the Commissioner, and William Brisko Cousen to Mr. Barwis, have, without the Consent of the rest of the Committee, leavyed greate Somes of Money upon the County, and distrained the Goods, and committed their Persons to Prison who refused it; and have alsoe raised greate Sommes of Money, under Pretence for the Publique Service, which they doe still deteyne in their owne Hands.
"But, on the contrary, when the Country People complained of Sir Wifured Lawson's Souldiers, and condiscended both upon the Names of the Persons and the Goods, neither the Persons were punished, nor the Goods restored.
"That Colonel Cholmely haveing desired Sir Wilfured Lawson to cause his Souldiers discharge their Quarters with the Money they received, as he did in his Division, Sir Wilfured Lawson wrote a bitter railinge Letter against him, whereof Colonell Cholmely sent the Originall to the Commissioners of Parliament.
"That, when they came out upon Sir Wilfured Lawson's Quarters, sometymes the Souldiers wanted Powder; and when they had Powder, they were discharged under the Paine of Death to shoote against the Enemy, though the Enemy was much inferiour in Number.
"That Thomas Barwis, Major to Sir Wilfured Lawson, when any of his owne Souldiers were taken Prisoners, had them released at his Pleasure; and alsoe released the Souldiers of others that were taken Prisoners, for Money.
"That they are fully perswaded the Towne of Carlile had beene long since taken, but for the Correspondence and Supplyes given to the Enemy by Sir Wilfured Lawson's Forces; and in all Probability those Parts had bin againe put under the Enemye's Power, and the well-affected in as bad a Condition as formerly, if the Scottish Forces had bin withdrawne from Carlile.
"That he is a Favorer of Malignants, and procured the Releasment of Thomas Flemming (Kinsman to Mr. Barwis the Commissioner), who was imprisoned by Colonell Cholmly, for offeringe a Some of Money to one to bestray Graystocke Castle to the Enemy.
"That Mr. Richard Barwis, the other Petitioner, One of the Members of the House of Commons, and of the Committee of both Kingdomes with the Scottish Army, is a Protector of Delinquents and Malignants.
"That, when these Countyes were under the Enemye's Power, Sir Richard Ghrahame procured a Warrant from the Earle of Newcastle, for protecting Mr. Richard Barwis the Commissioner's Estate, and his Wife lived there quietly and peaceably in the Enemye's Quarters without Molestation; and that now the said Mr. Richard Barwis protects Sir Richard Grahame's Estate, who is yet with the Enemy in Rebellion against the Parliament.
"That John Barwis Uncle to Mr. Barwis, and Michaell Studholme, who was present at the Meetinge, tould them "That it was agreed upon in Richard Barwis the Commissioner's Chamber at Edinburgh, before the comeinge in of the Scottish Army into this Kingdome, that Sir James Bellingham, Sir Wilfured Lawson, and Thomas Lamplugh (both Brethren to the said Mr. Barwis the Commissioner), and diverse others, Malignants, should bee put upon the Committee of Westmerland, though then all Three in Armes and actuall Rebellion against the Parliament;" and accordingly, when the Country was reduced by the Scottish Army, those Persons were put upon the Committee.
"Concerning the Insurrection made in those Countyes, they informe, That the First Insurrection was not pretended to bee against the Scotts; but they openly professed themselves Enemyes against the Parliament.
"Major Brigs procured from the Lord Fairefax a Commission to himselfe to bee a Colonell, and summoned all the County to appeare before him, that he might make Choise of Souldiers; that he and his Officers dismissed such as would give him Twenty Shillings, and detayned the rest; but afterwards diminished the Price to Ten Shillings, then to Five Shillings, then to Twelve Pence; and within a few Dayes after they sumoned the Country of new againe, and made their Benefitt of them as formerly.
"That, being before Skipton Castle, with some Forces, upon Sir Marmaduke Langdale's comeinge to raise the Seige at Pontfract, hee came away from before Skipton, and summoned the Country againe to appeare, and demaunded the Halfe of their Goods, to maintayne a Garrison at Appleby; that there were diverse Skermishes betweene him and the Country People aboute that Tyme; that afterwards he did againe summon all the Country to appeare, and dismissed all those that would give him Money; whereupon the Country and Colonel Briggs falling into Differences, the Papists and Malignants made Use of the Opportunity, and cheifly Sir John Lowther, a notorious Delinquent (Cosen Germane to Mr. Richard Barwis the Commissioner, and whom the said Mr. Barwis presented to the House of Commons to bee Commaunder in Cheife for Westmerland), and the Attendants and Servaunts of the said Sir John Lowther, and others, possessed themselves of Bolton Church, appointed the Country People to come to a Randezvous there, with an Intent to seise upon all the Strengths and Forts in those Parts: According to this Intimation, the Country mett; the Lady Lowther furnished them with Ammunition; and the Enemyes Gaurrison at Skipton were draweinge out for their Assistance: But all their Designes were disappointed, and the Meetinge of the Country People dissolved, upon the Appeareance of the Scottish Horse, who were advertised of their Intentions, and invited thither for the Assistance of the well-affected.
"That, aboute a Fortnight after this, there was annother Plott of the Papists and Malignants, for betraying of Kaswick Isle, raiseing of the Country, beating away the Scotts, and cuttinge of the wel-affected to the Parliament; but this Designe was discovered by a Gunner of Sir Wilfured Lawson's, who was hired to bee an Actor in the Busines; but, beinge troubled in Conscience, revealed it: And Sir Wilfured Lawson's Uncle, who lives in the House with him, was upon this Plott.
"That the Papists and Malignants, fayling in both these Designes, stirred upp the Country People against the Scotts; pretending the greate Burthens of the Country, and Exactions made by them for Maintenance of the Forces before Carlile.
"That the Tyme of this Insurrection they did apprehend John Musgrave of the Informers, and William Wheelright; saying, "They deserved noe Quarter, but should bee hanged; especially Mr. Musgrave, because he had bin in Scotland, and, as they said, was a cheife Instrument in bringing in the Scotts to take away the Service Booke."
"That they further tould him, "That they were able to performe what they had undertaken; that they would not want Assistance; for Northumberland, Cumberland, and Yorkesheir, and Lancashire would rise with them, to beate all the Scotts out of the Kingdome; and accordingly those of Cumberland did rise, and likewise the Papists and ill-affected of Northumberland afterwards.
"These Informations wee would have past in Silence, but that wee found them to bee of greate Importance, and that, upon Occasion of this Petition, wee have beene constrayned to make them knowne, for the Vindication of an Army, which, wee dare confidently say, hath come into this Kingdome with sincere and upright Intentions for the Assistance thereof in this comon Cause; and though, by reason there is not an orderly Course taken for their necessary Intertainment, some Disorders have beene committed, which cannott but fall out even in well-paid and the best regulated Armyes, yet, upon a true and just Enquiry, it will bee found that many fowle Aspersions are cast upon them by that Petition; and that the Oppressions and greate Exactions upon the Country are not from the Scottish Forces, but from those under Comaund of Sir Wilfured Lawson and others, as the Commissioners of the well-affected in those Countyes are ready to make appeare; and when it shall bee considered, by the Wisdome of the Honnorable Houses of Parliament, that, besides the Testimony of the Commissioners of the well-affected in those Countyes, when some Persons were imployed by some of the Inhabitants of Westmerland to present some Greivances to the Committee of both Kingdomes at Newcastle, as the Grounds and Reasons of the tumultuous Assembly and Insurrection in that County, the same Persons, being demaunded, did acknowledge before the Committee of both Kingdomes, "That never any Injuryes or Wrongs were complayned off by the Country People, but the Comaunders and Officers of the Scottish Forces were ready to redresse them," as may appeare by the Paper of the 21th Aprill last, signed by the Earle of Leven and the Commissioners of both Kingdomes, and sent upp by the Commissioners of the Parliament to the House of Commons: Wee are confident, the Houses of Parliament will rest sattisfyed, that more cannott be required of the Comaunders and Officers of the Scottish Army then is freely confessed by the Testimony of their Adversaryes.
"Wee doe, therefore, most humbly desire, for Vindication of that Army (of whose Honnor and Reputation wee trust the Honnorable Houses will alwayes bee very tender), that, as wee have often formerly desired, the Money and Provisions taken upp by the Scottish Army in those Parts may bee speedily brought to an Accompt; that those Informations may bee speedily put into a Way of Tryall and Examination, and in the meane Tyme some Persons of unquestioned Affections and Fidelity to the Parliament may bee sent into that Country, to take Charge of the Parliament's Forces there, and looke to the Security of those Parts.
"That Carlile was never a Garrison usefull for the Kingdome of England, but in Opposition to the Kingdome of Scotland; and therefore it is specially provided and agreed unto, betweene the Two Kingdomes, by the Articles of the large Treaty, 1641, That there shal bee noe Garrison in Barwicke or Carlile; but the Works slighted, and the Places dismantled, soe as all Monuments, Tokens, and Shewes of Hostility bee taken away, as is alsoe expressed in the late Treaty betweene the Kingdomes, concerning the putting of a Scottish Garrison in Barwicke; soe that noe Garrison can bee put into Carlile, without speciall Advise and Consent of the Kingdome of Scotland, without a Breach of the Treaty betweene the Kingdomes: And wee make noe Question, but, if the Towne of Carlile had bin in the Possession of the Parliament of England when the Treaty was made betweene the Kingdomes, concerning the Assistance to bee given by the Kingdome of Scotland to this Kingdome, the Parliament would never have denyed the putting of a Scottish Garrison into Carlile as well as into Berwicke; and the Reasons to us seeme farr stronger, why a Scottish Garrison should bee put into Carlile then Berwicke, those in Carlile haveing twice invaded the Kingdome of Scotland since the comeing of the Scottish Army into this Kingdome, to the Spoylinge, Plundering, and Losse, of many of the Lives of the Subjects of that Kingdome, it haveinge beene for a long Tyme a Receptacle and Harbour for the Papists and other Delinquents, declared Traytors by the Estates of Scotland, haveinge kept Correspondence and sent Supplyes to the late Earle of Montrosse, now in Rebellion against that Kingdome; the Comaunders and Officers of the Forces of Westmerland and Cumberland, and Members of the Committees there, being generally Malignants, and the most Parte of their Gentry Papists and Delinquents, as appeares by the Declaration of the Commissioners of the wel-affected in those Countyes; there being alsoe severall Informations of the Intentions of the Irish to land in Cumberland; and invade the Kingdome of Scotland, for Assistance of the late Earle of Montrosse, and the Irish Rebells and others joyned with him. Wee are alsoe fully confident, the Parliament of England will never thinke it safe for the Scottish Army to advance into the Southerne Parts of this Kingdome, and leave behinde them a malignant Country, possessed of a strong Garrison upon the Borders of Scotland, ready to molest and infest them whenever they shall finde an Oppertunity, whereof there is more then sufficient Evidence given in their late Insurrections and Plotts for beating the Scotts Army out of the Kingdome, and really and in Effect alsoe for destroyinge all the well-affected to the Parliament in those Parts, and reduceing those Countyes againe under the Enemye's Power: But, on the contrary, wee doe assure ourselves, that the Scottish Forces having continued soe long aboute that Towne for the reduceing thereof, the Scottish Army advanceing Southward for the Assistance of this Kingdome, and it being a necessary Place for Security of Scotland, and for Retreate of their Army, the Honnorable Houses will have a right Construction of putting Carlile in that Condition as the Borders of Scotland may thereby bee secured, who can only bee in Danger from it; the Kingdome of Scotland being willinge, as for the Garrison of Berwicke, soe for Carlile, to give their Publique Faith to the Kingdome of England, that, when the Peace of the Two Kingdoms shal bee setled, there shal bee noe Garrison there, but the Works slighted, and the Places dismantled, soe as all Monuments, Tokens, and Shewes of Hostility bee taken away, according as is specially provided and agreed unto betweene the Kingdomes, by the Articles of the large Treaty.