Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 15 die Octobris.
PRAYERS, by Dr. Gouge.
Ds. Grey de Warke, Speaker.
Extent to be taken off the Dowager Ly. Delawar's Estate.
Upon the Petition of the Right Honourable Isabella Baroness Dowager D'lawarr: shewing,
"That an Extent hath been served upon her Estate, contrary to the Privileges of Parliament."
It is hereby Ordered, by the Lords in Parliament, That the said Lady D'lawarr shall enjoy her Privilege due unto Persons of her Quality; and that all Extents and Molestations of her Goods or Lands, contrary to her Privilege of Parliament, due unto Peers of this Realm, for any Civil Action, shall be taken off; and hereof all Sheriffs, Bailiffs, Attornies, and Solicitors, are to take Notice, and give Obedience thereunto, as they will answer the contrary to this House.
Wyndis freed from an Arrest.
Upon reading the Petition of Samuell Wyndis, now a Prisoner in Ludgate; (fn. 1) shewing,
"That he being arrested, at the Suit of Rob't Holt, of London, Merchant, having been in the Service of the State under the Command of the Earl of Manchester, and hath due unto him more Money for his Arrears than this Debt is for which he is now arrested."
Hereupon it is Ordered, That the said Samuell Wyndis shall be protected, and released from his present Imprisonment concerning this Debt, provided it exceeds not the Debt which the State owes him.
The Lord Robertes reported from the Committee of both Kingdoms divers Papers; which were read, as follow. (Here enter them.)
"Die Martis, 14 Octobris, 1645.
"At the Committee of both Kingdoms at Derby House.
Papers from the Committee of both Kingdoms.
"Ordered, That the Letter from the Committee of both Kingdoms from Berwicke, with the inclosed from the Lord Digby to the Earls of Leven and Calender; and the Earl of Leven's Answer; as also a Paper sent from Nottingham, and the Extract of a Report of a Scout to Colonel Doyly, be all reported to both Houses.
"The Lord Digbie's Letter.
Letter from L. Digby to the Earls of Leven and Calendar, for an Answer to a former One, containing Propositions from the King.
"For the Right Honourable the Earls of Leven General, and Kalender Lieutenant General, of the Scotch Forces now in England.
"Having formerly written unto your Lordships, by His Majesty's Command, upon a Subject highly importing the Peace and Happiness of all His Majesty's Dominions, I am again commanded to tell your Lordships, that, in Confidence of the good Effects thereof, His Majesty is, through many Difficulties, advanced hither to Newarke, with a considerable Body of Horse; and doth earnestly desire that He may receive with Expedition an Answer to what was then proposed by,
Newarke this 4th of October, 1645.
"Most humble Servant,
E. of Leven's Answer to the King's General.
"For the Cheife Comander of the Forces now with His Majesty.
"I receved here, upon the 8th Instant, a Letter from the Lord Digby, bearing Date from Newarke, the 4th of October, a Copy whereof is here inclosed, relateing to One formerly sent by him by His Majesty's Comand, upon a Subject highly importing the Peace and Happinesse of all His Dominions: To which Letter I can returne no Answere, having never receved it. But had it come to my Hands, or any Motion of that Nature, I should, as I have done with this, addressed them to the Parliaments of both Kingdomes, or their Comissioners, as only capeable of receving and answering such Propositions. I am,
Barwicke, this 9th of October, 1645.
Your Lordship's humble Servant,
Letter from the Committee of both Kingdoms in Scotland, concerning the preceding ones.
"For the Right Honourable the Committee of both Kingdoms, sitting at Derby House.
"My Lords and Gentlemen,
"A Trumpet came from Newarke, with this inclosed Letter, directed to the General and Lieutenant General of the Scotts Army. It was opened at Northallerton, by the General of the Artillery, who commands there in Chief. He sealed it again, and sent the Trumpet with a Servant of his own hither to the General; who, hearing what it was, would not open it until he sent for the Marquis of Argyll, the Earls of Lauderdaill and Lanericke: They immediately brought it to the Commissioners of the Parliament of England; and all of us resolved to send it to your Lordships, to be by you communicated to both Houses of Parliament: The General protests he never saw any other Letter, which this seems to import; nor any from the Enemy, except that which he sent to London from Ledburie; and hath returned this Answer, which you will receive here inclosed, from,
"Affectionate Friends and Servants,
Reports concerning the E. of Leven being in Treaty with the King.
"George Higgins, of Eakrin, informeth, from Mr. Hawden, of Tuxford, in the County of Nottingham, Minister, and by his Order and Direction, That a Trumpet belonging to Colonel Eyre of Newarke, passing through Tuxford, on Sunday the Fifth of this Instant October, did, in the Presence of the said Mr. Hawden, say and affirm, That he was going with Letters from His Majesty, and from Sir Richard Willys Governor of Newarke, to General Leven, with Hope to bring him back with his Army to Newarke for the King, with as much Joy as ever he did come for the Parliament; and Mr. Hawden did see Two Letters in the Hand of the Trumpeter; and Two Scotch Gentlemen, being at Tuxford with the said Mr. Hawden the same Day, did affirm to them, that the King and General Leven had been long in Treaty; and they did not doubt but that it was effected; and that this Letter would bring them back.
"Taken at Nottingham, in the Presence of us,
6 October, 1645.
"Francis Thornhaugh Vic.
October 9, 1645.
He that came from Oxford saith, That, on Wednesday at Night very late, came in a Messenger from the King; and doth report, That all the Forces of the Scotts which were about Hereford are agreed to come to the King; and that they are in as much Joy for that, as for the coming of the new Governor.
Message to the H. C. with these Papers.
Ordered, That all these aforesaid Papers shall be communicated presently to the House of Commons, by Message.
And accordingly Sir Edward Leech and Mr. Page were sent with them.
Report of the Conference concerning the E. of Stamford, why Polton, One of the Persons impeached with him, should not be admitted as an Evidence for him.
The Lord Robertes reported the Effect of the Conference Yesterday with the House of Commons, being concerning several Particulars, and managed by several Members of that House :
"First, by Mr. Lisle, who was commanded by the House of Commons to acquaint their Lordships with a Vote passed by that House, which he read, as follows:
"Resolved, &c. That Henry Poulton, One of the Earl of Stamford's Footmen, ought not to be admitted as a Witness, in the Cause concerning the Earl of Stamford and Sir Arthur Hasilrigge.
"This Vote was made upon a Report to that House, That Henry Poulton and Mathew Patshall being impeached for Breach of Privilege of that House, and Three Witnesses produced, who did express that One of the Two Footmen did throw a Stone, and did strike Sir Arthur Hasilrigg, and One of the Witnesses did affirm it was the eldest Footman.
"After this, the Counsel at the Bar moved that Polton should be examined as a Witness; and Polton was ordered by their Lordships to be examined de bene esse.
"This being the Fact; the Two Footmen impeached with the Earl, and Three Witnesses, saying that Polton or the other did throw a Stone; and One of the Witnesses saying it was Polton; upon this, the House of Commons made this Resolution, upon this Ground:
"1. Drawn from the Impeachment itself, which he offered by Way of Inquiry, whether it be One of the Parties impeached, upon the Desire of the Counsel of the Defendants, should be examined as a Witness. If this were never known, he thought it was considerable.
"2. Upon the Examination taken, if (fn. 2) it were upon an Indictment at Common Law, and Three Witnesses affirm that either Polton or the other did strike the other, in no Court they would examine both. So in this Case, Mathew Patshall might rather be examined than Polton; and if in no Court this would be admitted, then he hopes their Lordships will not do it.
"3. No Court will (fn. 3) examine a Party as a Witness, if there be any Probability or Presumption against him; and they hope this House will not.
"This he offers to their Lordships Consideration; and desires their Concurrence in the said Vote.
"The next that spoke at the Conference was Mr. Serjeant Wylde; who said, He would add little, because Mr. Lysle had so fully spoken. He said, That the Three Witnesses were Major Bridges, Captain Titus, and Good: All these agreed that my Lord of Stamford had Two Footmen, and that One did throw a Stone: Major Bridges said, He did believe it was the bigger Footman. And their Lordships having proceeded no further, because it was then late; in the Afternoon, being further proceeded in, it was desired that Polton might be examined as a Witness for the Earl of Stamford; it being alledged there was no Evidence against him: And upon this, Major Bridges was again brought forth, who said, He did believe in his Conscience it was Polton. If this be the, but this strikes a strong Presumption; but whether to convict him, they leave it to their Lordships: They conceive it concerns the Commonwealth so highly, and the House of Commons, as that therefore they press it.
"Next, Mr. Samuell Browne said, If the Case be agreed, they shall easily see the Law : Here is an Impeachment against the Earl of Stamford and Two others. Their Lordships have heard both. Upon this Impeachment by the House of Commons against the said Earl and his Servants, Three Witnesses were sworn. One of the Two did verily believe it was this Henry Polton, who, they conceive, may not be a fit Witness for the Earl of Stamford, because he might swear for himself; and the Rule of the Law is, That no Man is to give his Testimony upon Oath in any Cause whereby any Thing may accrue to himself. Here is an Impeachment against all Three; and a probable Evidence against Polton, who, if he be admitted, may swear not only to acquit his Lord, but himself: It rests in Judgement before their Lordships, whether (fn. 4)
And about Letters from the North.
"The Second Part of this Conference was delivered by Mr. Pury, who said, The House of Commons have received Letters from the North, and have (fn. 5) made divers Resolutions thereupon. He read Two Letters, as followeth:
Letter from the Committee in Yorkshire, desiring an immediate Supply of Money for their Horse.
"To appease a dangerous Mutiny, at the Time when the King with His Forces advanced into this County, and sent out Proclamations that all from Sixteen to Threescore should come unto Him, for guarding His Person to this City; and for encouraging our Horse, both Officers and Troopers; we promised them a Month's Pay, which was the least of their Demand. We have, with much Labour, and by Engagement of our particular Credits, advanced a Fortnight's Pay unto the Troopers; but (fn. 6) it is impossible for us to pay the rest unto them out of these Parts, which are so impoverished; and the whole North Riding is now not only taken up in Quarters, but also exceedingly assessed in Money by the Scotts, so that we cannot raise sufficient for the growing Pay of the Foot. The Horse do again begin to make high and peremptory Demands of their Fortnight's Pay in Arrear; which, if not speedily paid, we fear, will occasion as high, if not a higher Mutiny than the former. We hear from London, that the Ten Thousand Pounds is already taken up by the Horse Officers, and for Discharge of other Debts and Engagements; so that there is no other Way left for keeping our Horse together upon Service, than a present Order to be given by the Parliament for advancing that Sum, which will amount unto Three Thousand Pounds, or thereabouts. We earnestly intreat you to acquaint the House herewith, on whose Favour we rely, hoping a speedy Course will (fn. 6) be directed by them for making Supply hereof; otherwise we cannot be able long to do them Service in these Parts. We remain
York, the 4th of October, 1645.
"Your Lordships humble Servants,
"For the Honourable Wm. Lenthall Esquire, Speaker of the House of Commons at Westm.
Another Letter from them, complaining of the heavy Imposition laid on the County by the Scots Army.
"It hath been often represented from this County, that the intolerable Burthens of Armies, English and Scotts, hath reduced great Numbers of Families to the Extremities of Poverty; for Redress whereof, earnest Request hath been made from the Committees, in the Behalf of the Inhabitants of the Country, who, having lately received some Relaxation of their Sufferings, by the Removal of the Scotts Army Southwards, and the reducing of sundry of the Enemies Garrisons, were beginning to settle themselves to some Industries to support themselves withall, wherein they were not a little encouraged by the Ordinance of Parliament, appointing the Charge of the Scotts Army to be indifferently supported by a general Assessment laid upon the Kingdom, whereof they were only to bear a proportionable Share.
"But now, as soon as their Harvest is reaped, and Propositions made by every Family for their proper Sustenance for this Year following, the Scotts Army is unexpectedly returned into these Parts again; and albeit we, the Committees of the several Ridings, have made known unto them, that we neither have Authority to impose any such Burthen upon the County; and if we had such Power, yet that we know the Country unable to bear them without the universal Ruin of the Inhabitants; nevertheless the Commanders of the said Army have of themselves taken up their Quarters in the North Ridinge, and spread their Charge, and send out their Warrants, in other Parts of the Country, requiring from the People such vast Sums of Money, and Proportions of Provisions, as have not been heard of in other Parts of this Kingdom, which nevertheless they force the People to bring in to them.
"These Impositions thus laid by them upon the Country, as we understand by daily Complaints brought to us from several Places, are in most Parts of the Country after the Rate of One Hundred Fortyfour Thousand Four Hundred Sixty-eight Pounds per Mensem, being distributed in the same Measure through the whole Country, and in some other Parts not so much; but in no Place that we have yet heard of less than after the Rate of Forty-five Thousand Pounds per Mensem; and all this taken under Pretence of Order from their superior Officers, besides the infinite Oppressions and Extortions of the Officers and Soldiers, who take away the Subjects Horses, Goods, and Money, without any Public Order, which we conceive may equal the Proportion of their certain Assessments.
"These insupportable Burthens must of Necessity introduce an universal Poverty and Desolation of the Country, and so prepare the Dispositions of the People to desperate Associations and Resolutions to rise in Opposition; which how destructive it may prove to the present Union of the Nations, we leave to your Considerations.
"And we may not omit herewith to represent unto you, as a Matter conducing to the same End, that the Ways to raise Money in this County, for the Pay of our own Army, being wholly obstructed by those Levies of the Scotts, that take up the whole Substance of the Country, it will be impossible to contain our own Soldiers, who were mutinous before; but that now their Distempers will be much increased, and, being united to an oppressed People, may give a more speedy Vent to the Heart-burnings and Discontents contracted by these Sufferings which visibly tend to our utter Confusion of this County.
"Whatsoever our succeeding Miseries may be, yet we conceive we have now fully discharged our Duties, in making this Remonstrance of our Sufferings to that Honourable House, which is the only Place under Heaven from whence we can hope for Relief; and our Request is, in order to the Prevention of the Dangers imminent, that the Scottish Army may be immediately removed from these Parts, and some Course taken for Reparation of the Country's Sufferings, by the other Parts of the Kingdom liable to the Burthen of that Army; which we humbly desire may be immediately presented by you to the House, from
Your most affectionate humble Servants,
Yorke, 3 October, 1645.
"Tho. St. Nicholas.
"For our Honourable Friend Wm. Lenthall Esquire, Speaker of the House of Commons, at Westm.
"There was also delivered Three Papers, which were delivered from the Scotts Commissioners, and sent down to the House of Commons from this House, One of 29 Sept. 1645, another of 30 Sept. and another of the 9 October, 1645; upon which they have made Votes.
Votes brought up from the H. C. at this Conference: Concerning the Proceedings of the Scots Army;
"Next, these Votes were read, following:
"Resolved, upon the Question,
"That this House doth Declare, That, as they are bound by the Covenant and Treaties to maintain the Union and good Correspondence between the Two Kingdoms, so is their Resolution to employ and continue their utmost Endeavours to maintain the same accordingly.
"Resolved, &c. That the Scotch Army not engaging against the Enemy according to the Desires of both Houses of Parliament, and their Continuance in the Northern Parts contrary to those Desires, is not only unserviceable, but prejudicial to those Ends for which their Assistance was desired, and destructive to those Parts of the Kingdom.
"Resolved, &c. That their laying of Taxes, and raising of Monies upon the Subjects of this Kingdom, and plundering their Horses and Goods, is against the Treaty, and against the Liberty of the Subjects, which both Kingdoms are bound to preserve; and doth disable the Kingdom to pay the Monthly Assessments for the Maintenance of that Army, and the Forces of the Northern Association.
for the Inhabitants of the Northern Counties not to pay Taxes, except levied by Order of Parliament;
"Resolved, &c. That it be declared to the Inhabitants of the Northern Association, that they are not bound to pay any such Monies as are or shall be taxed upon them, without the Power or Authority of both Houses of Parliament, by the Scotts Officers, or any other Person.
that such as have been levied by the Scots Army shall be deducted out of their Pay;
"Resolved, &c. That whatsoever Monies, Goods, Horses, or Provisions, have or shall be taken from any the Inhabitants of the Northern Association, or of any other Parts of this Kingdom, without the Power and Authority of both Houses of Parliament, by any of the Scotts Army, shall be re-paid unto them, out of the Monies designed for the Maintenance of that Army.
"Resolved, &c. That such Commissions shall be issued under the Great Seal, into every County of this Kingdom where they shall be desired, for the certifying what Money, Billet, Horses, Cattle, Goods, or Provisions, have been levied or taken, by any of the Scotts Army, with like Powers and Authorities as are contained in Commissions already issued in that Behalf into divers of the Northern Counties.
"Resolved, &c. That whatsoever Money, Horses, Goods, or Provisions, have been, or shall be, levied or taken by the Scotts Army, upon the Inhabitants or Subjects of the Kingdom of England, shall be accounted as so much of the Pay of the Scotts Army; and that this Kingdom is disengaged for the Payment of so much as the same upon Proof shall amount unto.
"Resolved, &c. That in case the Pressures of the Scotts Army upon the Subjects of this Kingdom be continued, and unless Satisfaction shall be given touching the Premises, it cannot be expected that this Kingdom shall make Payment of Thirty-one Thousand Pounds per Month to the said Army.
for the Scots to withdraw their Garrisons from Newcastle, Carlisle, &c.
"Resolved, &c. That it be desired, that Satisfaction may be given to this Kingdom, that such Forces of the Scottish Nation, as have been put into the several Garrisons of Newcastle upon Tyne, the City of Carlisle, and Town of Hartpoole, the Castles of Tynemouth, Warkeworth, Thirlwall, and Stockton, without the Consent of both Houses of Parliament, may be forthwith removed; to the End the same may be disposed of in such Manner as shall be thought fitting by both Houses of the Parliament of England.
"Resolved, &c. That the Letters from the Committees of Yorke, of the 3d and 4th of this Instant October, with the Votes thereupon, be communicated to the Lords, at a Conference.
about the 30,000l. a Month for the Scots Army;
"Resolved, &c. That the Votes formerly passed the House, for removing the Obstructions that happen in bringing in the Assessments for the Scottish Army, and for the providing of Thirty Thousand Pounds for that Army upon their coming to Newarke, be communicated to the Lords, at this Conference.
about Propositions for Peace;
"Resolved, &c. That the House do sit in a Grand Committee every Tuesday and Thursday, immediately after Prayers, to take into Consideration the Matter of Propositions for a safe and well-grounded Peace; and that this Committee do begin first to sit Tomorrow, after Prayers.
concerning Church Government;
"Resolved, &c. That Wednesday next be appointed, between the Hours of Ten and Twelve, for reading the Ordinance the Third Time, concerning Church Government; and that the Members be enjoined all to attend.
that the City will advance 30,000l. to the Scots, on Conditions;
"Mr. Longe reported from the City, That they would endeavour, and were in good Hopes to effect, the providing of Thirty Thousand Pounds for the Scottish Army, in case they shall be before Newarke by the First of November; otherwise not.
"He further read these Votes following:
that the Scots Commissioners Answer about their Army marching to Newark is not satisfactory;
"Resolved, &c. That the Scotts Answer, touching the marching of their Army to besiege Newarke, is not satisfactory.
"Resolved, &c. That the Scotts Commissioners be desired to give a positive and speedy Answer, touching their Army's marching to besiege Newarke.
for 30,000l. to be borrowed of the City for them;
"Resolved, &c. That some Gentlemen be sent into the City of London, to borrow Thirty Thousand Pounds, towards Pay of the Scotch Army; and that the Assessments due and payable out of the several Counties for that Army shall be the Security for Re-payment of the said Money, together with Interest for Forbearance thereof.
"Resolved, &c. That Thursday next be assigned to the Committee of Gouldsmithes Hall, to report to this Committee the Obstructions concerning the not coming in of the Assessments for Payment of the Scotts Army.
for Ammunition to be provided for them;
"Resolved, &c. That Two Hundred Barrels of Powder, with Bullet proportionable, and a double Proportion of Match, be forthwith provided and furnished for the Scotch Army, in case (fn. 7) they shall be before Newarke by the First of November next.
"That, upon the Report of the Committee, that the House of Commons sent to Gouldsmithes Hall, to know the Obstructions of the coming in of the Assessments for the Scotch Army, the House of Commons made these Resolutions:
for the Committee at Goldsmiths Hall to bring in the Assessments for them;
"Resolved, &c. That the Committee of Goldsmithes Hall do forthwith put in Execution all such Powers and Authorities that is given unto them, for the effectual bringing in of the Assessments, for the Payment of the Scotts Army; and that, if any Committee or Member thereof, or other Officer employed by them, do obstruct the speedy bringing in of the said Monies, that they do send for him or them, and require an Account of them, according to the Power given them; and that if they shall be informed of any Member of this House, that is the Cause of either diverting or obstructing the coming in of the said Assessments, that they do certify the Name of such Member or Members to the House, to be proceeded with as the House shall think fit: And whereas the Power given to that Committee is of Force only as to the Assessments for the First Four Months for the Scottch Army; it is Ordered, That the same Powers, in every Clause and Article thereof, shall be of Force, and applied to the effectual and speedy bringing in of the last Four Months Assessments; and also for the bringing in the Arrears upon the Ordinance for the Loan of Two Hundred Thousand Pounds for the Scotts Advance into this Kingdom.
Arms and Ammunition formerly sent them;
"By the same Report from the Committee at Gouldsmithes Hall, it appears; that,
"One Thousand Backs, Breasts, and Pots,
"One Thousand Pair of Pistols with Holsters,
"Seven Thousand Muskets,
"Seven Thousand Bandileers,
"Three Hundred Barrels of Powder,
"Ten Tons of Match,
"Ten Tons of Bullet,
"Were sent by that Committee to the Scotts Army,
"when they marched from Newcastle Southward.
and that these Votes be digested into Form, for an Answer to the Scots Commissioners.
"Then he read another Vote; videlicet,
"Resolved, &c. That these Letters from the North, and these Votes, be communicated to the Lords, at a Conference; and the Lords desired, in case they shall assent unto them, that a Committee of Lords and Commons may be appointed to digest them into Form, to be an Answer to the Papers from the Scotch Commissioners.
"Next, Mr. Blackston said, That there were some Letters, which came this Morning; which he was commanded to impart to their Lordships at this Conference:
"1. Was read a Letter from the Committee at Yorke, to the Speaker of the House of Commons: videlicet,
Letter from the Committee in Yorkshire, with a further Complaint of the Oppressions and Exactions of the Scots Army in the Northern Counties.
"For our Honourable Friend Wm. Lenthall Esquire, Speaker of the House of Commons in Parliament.
"This is the Third Address which we have made to you, being occasioned by further and new Complaints since our last, containing the deplorable and now almost ruined Estate of this County, by reason of the Scottish Army quartered upon us.
"We are most unwilling to be troublesome unto you where we can possibly avoid it; and therefore we pray you to peruse this inclosed Copy of our Letter to General Leven, which will not only satisfy you in the Particular of our Grievances, but that we omit no lawful Ways we can think on for our own Preservation. The Copy of his Answer unto us is also herewith sent you, of whom we must needs give this honourable Testimony, that, if the inferior Officers of his Army had been as careful to maintain the good Correspondency between these Kingdoms as his Excellency hath been, we verily believe that we should not have had any Occasion of making these Complaints: But we persuade ourselves that his Commands are not observed, because our Sufferings increase daily with his Absence, so as, without present Ease, we cannot expect any Thing but sudden Ruin; for they demean themselves, not as if they came only for their Subsistence, but as if purposely to destroy us. We nothing doubt of the Parliament's equal Care of us as of other Parts of this Kingdom; and our Fidelity to the Cause assures us, that we have not merited to be designed out to Destruction, nor that we only should mourn at this present, when all England, by God's Mercies, hath such Occasion to rejoice. Our Necessities therefore imbolden us to be thus importunate for our present Relief, being not otherwise able to appease the Cries and Tears of such a Multitude of miserable People, who daily flock unto us for Redress. And it being the greatest Part of our Grief in that we are not able to help them, we humbly desire your present and speedy Assistance, who desire with their uttermost Endeavours to approve themselves
"Your humble Servants,
Jo. Bright. Chr. Legart. Rich. Darley.
Ja. Chaloner. Jo. Wastell. Jo. Bourchier.
Jo. Farrer. Tho. Chalone. Ar. Ingram.
Chr. Percehay. Jo. Savile.
Ric. Darley. Darcy Wentworth.
Letter from them to the E. of Leven, on the same Subject.
"May it please your Excellency,
"If the Cries and Lamentations of so many distressed and miserable People, who sadly apprehend their sudden Ruin and Confusion by the Demeanor of your Army now quartered upon them, were as fully represented to your Excellency as they are to ourselves, we should not need to make this Address unto you; for, as we have been ever confident of your real Affection, both unto this great Cause now in Hand, as also to our Nation, so, where the one or the other may unjustly suffer, through the Silence of such as, being over-awed by the Power of your inferior Officers, dare not make their Sufferings known unto your Excellency, we cannot, in Discharge of the Duty which we owe unto the Parliament of England, which hath intrusted us with the Care of this County, nor the National Covenant which we have made with Almighty God, whereby we have sworn with all Faithfulness to endeavour the Discovery of all such as have or shall be Incendiaries, or ill Instruments, in dividing of these Kingdoms one from another, unless we do in some Measure represent unto your Excellency the Discontents of our People, that, by the Amendment thereof, this County committed to our Charge may be preserved from Ruin, and our National Covenant maintained inviolable.
"The Complaints of the People are these:
"That your Army doth not only take Free Quarter, contrary to your Excellency's Order as we are informed, but lays upon the County what Assessments they please; insomuch as some small Village, which, by the Assessments of Parliament, is to pay but Five Shillings and Four Pence the Month, is required by your Officers to pay Thirty-three Shillings and Four Pence a Day; that some Towns have whole Regiments quartered upon them, and Seven Pounds a Day besides exacted for Assessments.
"That whereas, by the Ordinance of Parliament, the whole County is to pay but Seven Thousand Pounds a Month for Assessments; if the whole County were assessed proportionably as some One Wapentake is by your Officers, it would amount unto One Hundred Forty-four Thousand Four Hundred Sixty-eight Pounds the Month.
"That the Officers of your Army take up Free Quarter and Billet-money, to the Proportion of (fn. 8) Three Times the Number of your Army; having spread themselves from Whitby in the East, beyond Richmond in the West; and from The Tease Northward, almost to the City of Yorke.
"That the Private Soldiers is not contented with such honest Fare as the Countryman feeds himself withall, his Wife and Children.
"That, having fed their Horses with Hay and Oats, they make Spoil and Havoc of the rest.
"That they permit not the Sequestrators to do their Duty, nor the Wapentake Courts or Court Leets to be kept, whereby the Civil Power is over-thrown.
"That your Army, quartering where it can give this County no Assistance against the Enemy, and depriving it by anticipating the Means whereby to maintain their Army in assisting of itself, leaves it thereby open to certain Ruin and Destruction.
"They take away their Horses and Cattle at their Pleasure, and imprison them for resusing to pay Assessments.
"They will not permit our Soldiers to enjoy their Quarters allotted them by their Officers.
"And, to make their Actions to appear more justifiable, they enforce them, by Threatenings and otherwise, to give under their Hands (notwithstanding their hard Usage) a Certificate unto your Excellency of their good Behaviour.
"We affect not to insist upon a particular Man; neither would we have dealt so plainly with your Excellency, had we not vehemently desired the mutual Amity and Correspondency of both Nations might be continued, and that, the Sore being opened and thoroughly searched, the Wound thereby might the better be cured.
"We pray your Excellency, upon the like Occasions, to be plain and free with us; and that you will seriously consider and examine the Premises; that you will please to countenance our People in their just Complaints, and to give them timely Redress; whereby they be not compelled to forsake their Habitations, or forced to undue Courses through Despair: And these Requests we move with great Confidence of obtaining, as proceeding from those who upon all good Occasions desire to approve themselves
"The humble Servants of your Excellency."
Yorke, the 4th October, 1645.
The E. of Leven's Answer to them.
"I received a Letter of yours, dated at Yorke, the 4th of October, and in it an Accompt of the Country People's Greivances against our Army. I have not bin many Dayes from them; and am exceeding sorry to heare that soe short a Tyme hath bred soe greate a Change in their Carriage. My Care hath ever beene, and shal bee, to preserve them in Order, and the Country from Oppression; and as I have ever beene ready to heare the just Complaints of the meanest, and to give them Sattisfaction and Reparation, soe I shall make it a Request unto you, that all Complaints of these Kinds you mention may bee ready at my Retourne unto the Army (which for that very Cause I shall hasten); and you shall see Redresse of them to the full: Which is all for the present can be said to you at this Distance, by
"Your very affectionate Freind,
Berwick, 6 October, 1645.
"Then Mr. Tate managed another Part of the Conference; which was to this Effect: That he was to communicate to their Lordships a Letter they received from the Scotts Commissioners, which was read; and is verbatim the same which this House received from the Scotts Commissioners Yesterday.
Report of the Conference, about the Ordinance for Relief of poor Widows.
"Another Part was about the Ordinance for the poor Widows, wherein their Lordships have made some Alteration; and the House of Commons desire that in that Alteration there may be the changing of One Word; ["and"] to be made ["or"], because for both Speakers to meet so often as there will be Occasion (fn. 9)."
Committee to search for Precedents concerning the E. of Stamford's Impeachment.
This House taking this Report into Consideration And concerning the Earl of Stamford's Business, Ordered, That it is referred to the Committee for Privileges, to search Records, and consider how much this Business concerns the Privileges and Judicature of this House; and to make Report to this House on Saturday come Sevennight, at which Time all the Lords are to have Notice to be present; and the Committee to meet when they please, and to call whom they please to assist them.
Ordered, That the Report concerning the Scotch Business shall be taken into Consideration To-morrow Morning, and likewise the Ordinance concerning the poor Widows.
Ordinances, &c for Concurrence.
The Ordinance for paying out of the Excise Two Thousand Pounds, for the Isle of Ely, was read, and Agreed to. (Here enter it.)
The Order for the Lord Powis to have Four Pounds a Week allowed him, was read, and Agreed to.
(Here enter it.)
The Ordinance for issuing Five Thousand Pounds for Abingdon, was read, and Agreed to. (Here enter it.)
The Ordinance for paying One Hundred Pounds to Mr. Bedford, Scout-master General, was read, and Agreed to. (Here enter it.)
The Ordinance for paying Two Hundred Thirtythree Pounds, Eighteen Shillings, and Four Pence, to Maurice. Thompson, was read.
Respited for a little Time.
The Ordinance for paying One Thousand Six Hundred and Seventy Pounds, and Eight Pence, to Maurice Thompson, was read.
Respited for a little Time.
Alderman Adams, the Lord Mayor Elect, presented for Approbation.
This Day Mr. Alderman Adams, Lord Mayor Elect for the City of London, accompanied with Mr. Recorder of London, the Sheriffs, and many of the Aldermen, was presented to this House, for Approbation; and the Recorder made a short Speech, to this Effect: "That the City of London having elected Mr. Alderman Adams to be Lord Mayor for the Year ensuing, in Pursuance of their Charters, they do present him to this House, in the Absence of the King's Person, for to receive Approbation; therefore he was commanded by the City of London, in their Name, to desire this High Court to give Approbation of their Choice."
This done, they withdrew. And the House appointed the Earl of Northumberland, Earl of Manchester, and the Lord Roberts, to withdraw, and consider what Answer to return, by Way of Approbation of their Choice.
They returned, and reported what they had prepared; which being done, the House approved of it.
And then the Lord Mayor Elect, and Mr. Recorder, and the rest, were called in again; and the Speaker read the Approbation, as followeth:
"My Lords have commanded me to declare unto you, That they do very well approve and confirm the Choice of Mr. Alderman Addams, to be Lord Mayor of the City of London, as well in respect of the great Confidence they have in that famous City, as for the Fitness of the Person expressed at the Bar; and their Lordships have commanded me to return you hearty Thanks, for the Continuance of your good Affections to their Lordships and this Parliament; and they will be ever ready to express their Care of, and Respects to, that City, which hath shewed so great Affections upon all Occasions to the Public Welfare of this Kingdom."
Order for the Committee of Bedford to forbear assessing the Dowager Lady Spencer.
"Whereas the House was this Day certainly informed, That the Committee of Bedford hath assessed the Right Honourable the Baroness Dowager Spencer, by colour of an Ordinance of Parliament, for the better enabling of the Scotts for the Assistance of the State; which the said Committee (she being a Peeress of this Realm) have not Authority to do: It is therefore Ordered and Declared, by the Lords in Parliament assembled, That the said Committee, and all others whom this may concern, shall forbear any further Prosecution in the said Assessment, which is hereby taken off and vacated; and that neither the said Committee, nor any other within the said County, shall assess or levy any other Sum upon the said Baroness, or her Estate, within the County aforesaid, upon the said Occasion, she being to be assessed by the Lords in Parliament for the said Loan, and not by any other Person whatsoever; and hereunto the said Committee, and all others whom it doth concern, are to yield their Obedience accordingly.
"To the Committee for the County of Bedd."
Order for the Commissioners of Excise to re-pay themselves 2000l. advanced for the Isle of Ely.
"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have (upon the present Emergencies of the Isle of Ely) advanced and lent the Sum of Two Thousand Pounds, Part of the Five Thousand Pounds charged upon the Excise, by Ordinance of the 19th of Sept. 1645, for the Isle of Ely: Be it Ordained, by the Lords and Commons in Parliament, That the Commissioners of Excise shall and may satisfy and reimburse themselves, and their Executors, Administrators, or Assigns, shall be satisfied the said Sum of Two Thousand Pounds, with Interest for the same, until the Reimbursement thereof, out of the Receipts of Excise, by Ordinance of the 11th of September, 1643, out of such Intervals as shall happen when other Payments already charged shall not fall due; and for Want of such Intervals, then as the same shall follow in Course after other Assignments already charged shall be satisfied; and shall not, by any other Ordinance, be debarred from satisfying of the said Principal and Interest as aforesaid: And it is further Ordained, That if the said Two Thousand Pounds, with Interest, or any Part thereof, shall be unsatisfied on the 11th of September, 1646, that then the present Commissioners of Excise, their Executors, Administrators, or Assigns, shall be satisfied and paid the same, or so much as shall be then unpaid in Manner aforesaid, out of the further Receipts of Excise, by the Commissioners of Excise and new Impost for the Time being, who are hereby authorized to make Payment thereof accordingly."
Order for 4l. a Week for Lord Powis's Maintenance in Prison.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Lord Powes shall have the Allowance of Four Pounds per Week paid him, for his Maintenance in Prison, out of his own Estate, by the Committee of Sequestrations where his Estate lies."
Order for 5000l. for the Garrison of Abingdon.
"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Five Thousand Pounds be paid in Course, out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, for and towards the reducing of Oxon, and the Preservation of the Garrison of Abingdon; and the said Five Thousand Pounds to be paid unto the Committee of (fn. 10) the Three Counties, or the Treasurer appointed, whose Receipt, or of his Assignee, shall be the Commissioners of Excise for the Time being their Warrant and Discharge, for Payment of the said Five Thousand Pounds accordingly."
Order for 100l. to Mr. Bedford, Scout-master General.
"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That One Hundred Pounds be paid in Course, out of the Receipts of Excise, by Ordinance of the 11th of September, 1643, unto Mr. Bedford, Scout-master General, whose Receipt shall be the Commissioners of Excise (hereby authorized and enjoined to make Payment accordingly) their sufficient Discharge and Warrant."