Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Mercurii, 10 Decembris.
Countess of Stamford's Petition, for Allowance for her and her Children.
Upon reading the Petition of Anne Countess of Stamford; shewing, "That her Husband's Estate, in the Counties of Lyncolne, Rutland, North'ton, and Leycester, hath (fn. 1) been plundered and spoiled by the Enemy, whereby the Petitioner is in great Want, to support herself and her Children: Therefore desires some Maintenance for her and her Children."
It is Ordered, That it be specially recommended to the House of Commons, in regard the Earl of Stamford was One of the First that suffered, and the Petitioner and her Children (fn. 2) in Want.
E. of Devon's Ordinance.
Riots in Hatfield Level to be suppressed.
The Earl of Manchester reported from the Committee of Petitions, "That there was a Complaint there, that the unruly Inhabitants in Hatfield Levell do throw down the Banks, and cut up the Sluices, and destroy the Crop upon the Ground; whereupon the Committee are of Opinion, That an Order be issued out, to the Sheriff, and other Officers, to prevent such Riots and Disorders."
Countess of Stamford to have Apartments.
Ordered, That the Countess of Stamfords shall have the Use of those Lodgings of the Archbishop of Cant. in Whitehall; or, if those Lodgings be not empty, then some other Lodgings convenient for her to be assigned her.
Ordinance concerning Covent Garden Church.
The Lord Robertes reported from the Committee the Ordinance concerning The Covent Garden, with some Amendments and Alterations; which, being read, were approved of, and Ordered to be sent to the House of Commons, for their Concurrence therein.
Message to the H. C. with it; and the Countess of Stamford's Petition.
To deliver the Petition of the Countess of Stamford to them, and specially recommend it to them, in regard the Earl of Stamford her Husband hath suffered much, and she and her (fn. 3) Children in Want.
Steward and De Franchi.
In regard he is a Merchant Stranger; it is Ordered, That the said Cause shall be heard this Day Fortnight, videlicet, the 24th of this Instant December, at which Time the said Nic. di Franchi is to prepare to make his Defence.
And the said Nic. Di Franchi being called in, the Speaker told him, "In regard that the Lords do conceive that he, being a Merchant Stranger, is unacquainted with the Proceedings of Parliament, their Lordships have offered him Time till the 24th of this Instant December: At which Time, this House intends to proceed in this Cause; and further to let him know, That, in Case the Sentences in the Courts of Admiralty and Delegates shall be reversed, that then he can have Remedy against the Marshal, for the Escape of Captain Steward."
Answer from the H. C.
Sir (fn. 4) Edward Leech and Mr. Page return with this Answer from the House of Commons;
Ordinance for Mr. Bond to be Master of The Savoy.
Message to the H. C. with it; and for the E. of Northumb. to name a Governor for Wressell Castle.
Sir W. Brereton to exercise Martial Law.
"Ordered, by the Lords and Commons assembled in Parliament, That Sir Wm. Brereton, calling unto him Field Officers and others, according to the Course of War, shall have the same Power of Martial Law over the Forces under his Command as Sir Thomas Fairefax hath, during the Time of his Employment as Commander in Chief over the said Forces, by Order of both Houses of Parliament."
Message from the H. C. with an Answer to the King's Letter;
to communicate the Answer to the Scots Papers to the Commissioners;
for the Letters taken at Sherborn to be returned;
and for Col. Berkstead to be Governor of Reading.
4. To desire Concurrence, for the allowing and appointing of Colonel Berkstead to be Governor of Reading; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission accordingly.
Answer to the King's Letter.
And the Question was put, "Whether to pass this Letter, and to have it communicated to the Scotts Commissioners by the Members of both Houses that are of the Committee of both Kingdoms?" (Here enter it.)
Answer to the H. C.
That this House will send an Answer, by Messengers of their own, to the Return of the Papers and Letters: To all the rest, this House (fn. 5) agrees.
Committee to consider of the Letters taken at Sherborn.
Ordinance to clear the E. of Devon of his Delinquency.
Whereas William Earl of Devonsheir hath been fined at Five Thousand Pounds, for Discharge of his Delinquency against the Parliament, and Sequestration of his Estate for the same, by Way of Imposition, to the Use of the State, and, in Pursuance of the said Composition, hath paid in the same to the Committee of Habberdash'rs Hall intrusted for that Service: It is this Day therefore Ordered, Ordained, and Declared, by the Lords and Commons in Parliament assembled, and the said Lords and Commons do Order, Ordain, and Declare, That the said Delinquency of the said Earl is hereby acquitted and discharged; and that the Sequestration of the said Earl of Devon's Estate, contained in a Schedule bearing Date the 19th Day of November, 1645, subscribed John Hanson, remaining in the Journals of the House of Commons, intituled, "A Computation of the Earl of Devonsheire's Estate, in Anno 1638," shall be, and is hereby, taken off and discharged, from the 29th Day of September last; provided, that all Rents due or payable out of the said Earl of Devonshire's Estate, at or upon the 29th Day of September last, or within Forty Days after, and the Arrearages thereof, be paid in to the respective Committees, in those Counties where the Lands and Estate of the said Earl lie; and all Committees, Sequestrators, Collectors, and other Officers whatsoever, and all Tenants, and others whom it may concern, are to take Notice hereof, and to conform themselves hereunto, any Thing to the contrary in any Wife notwithstanding: And it is further hereby Provided, That this Composition shall not extend to discharge such Estate of the said Earl as is now the Jointure of the Countess Dowager of Devonshire, Mother of the said Earl, or that shall accrue unto him by the Death of Charles Cavendish Esquire, his late Brother, deceased; but that the said Estate shall be and remain liable to a new Composition for so much, for the Offences aforesaid, in case the said Earl shall survive his said Mother; the said Composition to be disposed of to such Uses, and in such Manner, as by the Orders and Directions of both Houses of Parliament shall be at any Time limited and appointed: And lastly the said Lords and Commons, by the Authority aforesaid, do hereby authorize and appoint the Commissioners for the Great Seal of England for the Time being to pass a Pardon for the said Earl, in usual Form, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate, according to the Particulars aforesaid thereof made, and for which the said Fine was accepted, and of all Mean Profits of the same, from Forty Days after the 29th Day of September last; and Oliver St. John Esquire, His Majesty's Solicitor General, is hereby required to prepare a Pardon accordingly."
Answer to the Scots Papers, about supplying their Troops;—about English Garrisons being put into the Forts on the Borders; about Propositions for Peace, Settlement of Religion, &c.
The Lords and Commons assembled in the Parliament of England at Westm. having received the several Papers from the Commissioners of the Parliament of Scotland, Two of the 29th and 30th of September, with a Third of the Ninth of October; to the Particulars therein contained they (fn. 6) return this Answer.
Concerning the Payment of the Scotts Army, so much insisted upon in your Lordships Papers; the several Declarations, and the divers Courses and Ways which in the said Papers are expressed and acknowledged by your Lordships to have been made and taken by us, for the Payment of that Army, sufficiently witness our constant Care and manifold Endeavours for the Supply thereof; and if all those Ways have notwithstanding proved so little effectual as your Lordships alledge, yet can it not in any Sort be imputed to the Houses of Parliament, who no sooner have had any Wants of that Army, or any Obstructions in the Ways taken for the Entertainment thereof, represented unto them, but they have forthwith applied themselves to supply the one, and remove the other, to the utmost of what lay in their Power. Before the Scotts Army was entered into this Kingdom, we appointed a Committee, to sit purposely at Gouldsmiths Hall, to provide Monies and Necessaries for the Supply thereof. This Committee hath set ever since constantly to that End, and to put forwards the Execution of our Ordinances therein, whereat Twice a Week some of the Commissioners of Scotland themselves were present, to be Witnesses and Promoters of their Diligence. The same Committee had their Agents in every County, to quicken the Execution of our Orders below in the Country. We allowed Salaries and Rewards to the Diligent, we gave Power to punish the Negligent: And as that should in any Sort divert or obstruct the coming in of those Assessments, when the Course first designed for the Payment of the Scotts Army out of the Estates of Papists and other Delinquents answered not Expectation, we provided for it, as for other Armies, by Way of Tax and Assessment upon several Counties; and when those of the Northern Parts proved insufficient for so great a Charge, we added others thereunto, and those of the most entire and quiet Parts of the Kingdom, where first was laid an Assessment of Two Hundred Thousand Pounds in Gross, and after a Monthly Assessment of Twenty-one Thousand Pounds per Mensem. There was never any Expedient offered to us, for the Removal of any Obstruction in the raising of those Assessments, which we did not readily assent unto. There was never any Thing desired of us by our Brethren of Scotland, which was in our Power to grant, which we have not willingly agreed unto, for the more speedy and more effectual Execution of our Orders for the Pay and Support of that Army. There was no Course taken for any other Army, but we have taken the like also for the Scotts Army. So that we may truly affirm, that it hath not rested on us, that that Army hath not been as well paid and provided for as any other whatsoever; but, if the Activeness and great Successes of some other Armies have given us more Credit in procuring Monies to be advanced for them, or more quickened the Spirits of the People to pay in their Assessments to them, surely that ought not to be turned into Matter of Complaint against us; having found the same, by Experience, from Time to Time, in the Payment of the Armies of our own Nation. Possibly also the Pay of other Armies may appear more constant, and their Wants less, than it is well known to us that both the one and the other have been: Neither have our Endeavours been altogether so ineffectual for the Supply of the Scottish Army, but that, from the Sixth of October, 1643, to the First of November, 1645, there hath been actually paid to them, in Money and Provisions, for which Money hath been issued out of Gouldsmiths Hall, the Sum of Two Hundred Twenty Thousand Six Hundred and Twenty-nine Pounds Sterling, besides Nine Thousand Pounds in Money and Lead, paid unto them at Yorke; and what they have received upon the Assessments of the Northern Parts, appointed to be paid in to the Lord Mayor of Yorke, and upon the Fifth and Twentieth Part, and from the Coal and Excise of Newcastle and of the Northern Parts, or otherwise by any Assignments of both Houses of Parliament; and likewise besices another Assessment of Twenty-two Thousand Pounds per Mensem assessed upon the County of Yorke, in Monies and Provisions, for Four Months, during the Siege of Yorke and after, amounting to Eighty-eight Thousand Pounds; and also besides Ten Thousand Pounds more, for to cloath the Soldiers of that Army upon the Return to Newcastle, over and above all that themselves have taxed and levied in the several Counties where they have been, and their Free Quarter, and disorderly Plunderings; (which if they have been so excessive as the Cry thereof from several Parts representeth them to our Ears) it is not much to be wondered if the Water run more sparingly from the Cistern and Conduit, when it is so much exhausted at the Spring Head, from whence the Assessments for the Entertainment of that Army and other Forces should have risen. Concerning the Excise of the Northern Parts, and the Ways that are alledged to be taken to divert it from the Scottch Army, by forestalling it here in the South, and applying it to other Uses, no such Practices have been made known to us; and whensoever they shall be discovered, we shall be ready to apply fitting Remedies thereunto. And for the Coal of Newcastle, possibly the Profit thence arising might fall very short of the Estimate made thereof in some One Month; but in other Months it hath come in in greater Quantities; and we find that for these Twelve Months last passed there hath actually come in, and been taken to the Use of that Army, upon the Coals of Newcastle and Sunderland, above Fifty-three Thousand Pounds Sterling, whereof Four Thousand Five Hundred Pounds was of the Customs belonging to the Navy; and if, upon the Taking of Newcastle by the Scotlish Army, the Course for the managing of the Coals, settled by both Houses of the Parliament of England in the Committee of Goldsmyths Hall, had not been interrupted, that Committee might have been better able to have given an Account of any Decay of Trade therein, and how it hath happened that many Months it hath fallen below the First Estimate thereof.
Having made Answer to the most material Points in your Lordships Papers concerning the Pay of the Scotts Army; as you have very frequently and very freely declared unto us the Wants and Necessities thereof through Default of Pay, so shall we also, with the like Freedom and Brotherly Affection, represent unto our Brethren of Scotland some Particulars concerning the Proceedings of that Army: It is well known unto your Lordships, that we have, upon divers Occasions, signified our Advices and Directions how that Army might employ itself most effectually for the Advancement of the Public Service of this Kingdom, by engaging against the common Enemies, and the Places held and possessed by them, wherein (by what Occasion we know not) we have found ourselves several Times disappointed of our Hopes and Expectations; by which Means, not only the common Cause hath been retarded, but also the End frustrated for which the Assistance of so great an Army was desired by us, which was, that a speedy Conclusion might be put to these unhappy Wars. We shall not need to go further back for an Instance, than to that whereof the Sense is freshest in our Minds, and which in that Conjuncture of Time, and of our Affairs, proved very prejudicial to the Service of this Kingdom, which was, the continuing of that Army in the North where no Enemy was, and not marching to besiege Newarke at such Time as it was thereunto desired by both Houses of Parliament, although they not only expressed their Desires therein, but also their Care in the Provision of Money and Ammunition, to enable and encourage them to undertake that Work; but, having received no Satisfaction at all in that Particular, till that now, by your Lordships Letter of the 12th of November, the Resolution of the General the Earl of Leven concerning the marching of that Army towards Newarke was signified unto us; by Means of this Delay, not only the Northern Parts have lain all this while under a most unsupportable Burthen, but also the fairest Opportunity that hath yet offered itself to us since the Beginning of this War of putting an End to our Miseries, together with the Season of the Year for the speedy reducing of that Place, which was the principal Ground of our Resolution in that Particular, is already slipt out of our Hands; and the Advance of the Thirty Thousand Pounds, which we had good Hope and some Assurance of from the City, for the Use of that Army, in case it came to Newarke before the First of November, and not otherwise, is rendered more difficult and doubtful unto us. It was far from our Intentions that the Scotch Army should neither be provided for by us, not yet suffered to provide for their own Subsistence; nor doth the contrary appear by any Actions or Commissions on our Part, nor yet by any Sufferings of that Army, but that, according to our Power, we have made Provisions for them; and that they also have supplied themselves, we shall remember, according to your Lordships Expressions in your Papers, "That not written Ordinances, but real Payments, must satisfy the Necessity of the Soldiers:" And we hope it shall be as well remembered also, how far better than Paper our Ordinances have proved to that Army, which hath not been more ready to engage itself really in the Service of this Kingdom, than we have been forward to pay it really for to satisfy the Necessities of the Soldiers; and therefore desire such Expressions may be forborn, which may seem to derogate from the Honour either of the Proceedings or Ordinances of Parliament. When the Treaty was concluded between the Two Kingdoms, it was supposed that such might be the Wants and Necessities of this Kingdom, as that they might not be able to make due and constant Payment to the Scotch Army; yet was it not supposed, that, in Default thereof, they might forbear to engage their Army, much less lay Taxes upon the People of England to pay themselves; this Kingdom being to give their Public Faith for the Payment of their Arrears, with Interest; as, on the other Side, the Kingdom of Scotland gave their Public Faith, that neither their Entrance into, nor Continuance in, the Kingdom of England, should be made Use of to any other Ends than such as are contained in the Covenant and Articles of the Treaty. That it is contrary to the Liberties of the Subjects of England, that any Taxes or Levies of Money should be laid or raised upon them without the Consent of both Houses of Parliament, we need not declare to your Lordships; and we are sorry that the Cries which continually sound in our Ears, from the People especially of the Northern Parts, brought to us by the Hands of such as we have intrusted there, should inforce us to represent unto our Brethren of Scotland the great Complaints, which long since and at this present are made, of the laying of Taxes of Money and other Things by some of the Scotch Army, and that also in very vast and excessive Proportions, besides Free Quarterings, and disorderly Plunderings of Horses and other Goods; which Courses being taken and continued, it cannot be expected that we should continue the Monthly Pay of that Army, which though we have not taken Occasion to stop and surcease upon the Taxes and Levies of Monies, and other Proceedings of that Army, yet we expect (as that which of Right is due) that out of it Deduction and Satisfaction should be given in the Premises; and as we are obliged to make good the Monthly Pay of that Army, according to the Treaty, so long as we shall find it necessary to use the Assistance thereof within this Kingdom, and no longer, so is that Army likewise bound to demean themselves conformable to the Tenor of the Treaty, and according thereunto to give Satisfaction 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 Carlile, and other Places in the North, without the Consent of both Houses of the Parliament of England, shall be removed, to the Intent that the same may be disposed of in such Manner as shall be thought fitting by the said Houses of Parliament, the Performance whereof we have demanded from the Kingdom of Scotland by our Letter to that Parliament: These Things we held ourselves bound to represent to our Brethren of Scotland, as well in Discharge of the Trust reposed in us for the Preservation of the Interest and Liberties of this Kingdom, as also the better to maintain the Union and good Correspondency between the Two Kingdoms, which being the surest Foundation of Security and Prosperity to both Nations, it always hath and always shall be the firm Resolution of both Houses of the Parliament of England, to preserve and maintain the same, according to the Covenant and Treaty, the common Rules and Marks which both Kingdoms have set up unto themselves to steer their Course by, in the Pursuance of their joint Interests, and for the attaining of the good Ends therein expressed and contained, from which we desire that there may be no swerving on either Side; hoping and expecting the like Redress and Satisfaction from our Brethren of Scotland, upon any Infringement thereof, as we should be ready to give unto them if any such Thing should happen on our Part. Concerning Religion and the settling of Church Government, as there is nothing wherein we have more desired to approve our Consciences to God, and our Actions to the World, so do our Hearts give us a very clear Testimony of the faithful and diligent Discharge of our Duty therein, according to the Trust reposed in us, and the Covenant taken by us; and we conceive our Actions witness no less to all that will rightly weigh and consider what we have already done therein, and with what Diligence and Zeal we have, from Time to Time, proceeded in that Work of God, being resolved to continue in so doing till we have fully supplied what shall yet appear wanting therein; it being always to be remembered, that the preserving of the Liberty and Freedom of our Debates and Resolutions in Parliament is not to be interpreted or termed Negligence or Delay in us. As to the Propositions of Peace to be sent to His Majesty in Pursuance of our Resolutions of the Sixth of August communicated to your Lordships, we have proceeded therein as the Exigents of our Affairs would permit; and the Propositions being at this present continually in Agitation and Debate in Parliament, we are resolved to apply ourselves both speedily and effectually to the perfecting of them, according to the present State of Affairs; and we doubt not but that our Actions shall testify to our Brethren of Scotland and all the World, that there is no Earthly Thing more in our Thoughts and Desires than the settling of a safe and a well-grounded Peace in the Three Kingdoms, for which we have done and suffered as much as any Kingdom in the World.
Order to prevent Riots in Hatfield Level.
Whereas the Participants in the Drainage and Towns, and Inhabitants of the Level, of Hatfeild Chace, and Parts adjacent, in the Counties of Yorke, Lincolne, and Nott. have petitioned this House, informing that, after the Expence of at least Two Hundred Thousand Pounds in those Works, the Tenants of the Manor of Epworth (being Part of that Drainage) consenting, a Decree passed in the Exchequer, for Settlement of the Proportions agreed on and set out of that Manor, and ever since enjoyed by the Participants and their Tenants; yet of late, and since the Distractions of these Times, divers of the unruly Inhabitants of the said Manor have in a tumultuous Manner thrown down and laid waste a Proportion of at least Seven Thousand Acres of Land, and destroyed a very great Quantity of Rapes and Corn growing, by forcible keeping and depasturing their Cattle thereon, demolished very many Houses, burnt others, cut and burnt the Plows, beat and wounded those they have found plowing, or have resisted them in any their cutrageous Acts, and now threaten the drowning of the whole, by cutting of the Banks and Misusage of the Sluices, and resist the Participants in levying Taxes for Repair of the Works, to the great Damage of the Commonwealth in general, and Scandal of the Justice thereof, in Case that should not be restrained, and the Offenders punished: For restraining of the like Outrages for the future, and for Preservation of the Peace of the County, it is Ordered by their Lordships, That the Sheriff of the said County of Lincolne, and Justices of the Peace there, shall, upon Complaint made to them by the Participants of the said Level, or their Agents, punctually pursue the Statutes made in the 13th Year of King Henry the 4th, for suppressing of Riots and Routs; and shall call to their Assistance, if Need require, the Trained Bands of the said County, and the Parliament Forces next adjoining, to be aiding and assisting unto the Participants in guarding and keeping their Sluices and Sewers, re-edifying and repairing what hath been so demolished, and levying the Taxes legally imposed, tending to the Preservation of so good and beneficial a Work to the Commonwealth: And for the better settling of this Business, it is further Ordered, That the Sheriff of the County of Lincolne for the Time being shall, upon Request made to him by the Participants, appoint such a Deputy within the Limits of the said Level, for sudden aiding and assisting them (if Need require), as they shall from Time to Time desire: And it is likewise Ordered by their Lordships, That as well the Ministers in the adjacent Parishes shall on the next Sunday after the Receipt of this Order, as the Undersheriff of the County of Lincolne in the several adjacent Market Towns upon the Market-day, make Publication of this Order, that the Inhabitants may take Notice hereof, and conform accordingly."
Answer to the King's Letter, about His Commissioners coming with Propositions.
The Lords and Commons assembled in the Parliament of England at Westm. have received Your Letter of the 5th of this Instant December, by a Trumpet from Sir Thomas Glemham; and having, together with the Commissioners of the Parliament of Scotland, taken the same into their serious Consideration, have commanded us to return this their humble Answer.
They have, in all their Actions, manifested to Your Majesty and the World their sincere Desires that a safe and well-grounded Peace might be settled in Your Three Kingdoms; and for the obtaining so great a Blessing, shall ever pray unto God, and use their utmost Endeavours; and should have accounted it a great Happiness, if Your Majesty's Actions had been answerable to the Expressions You have so often made concerning Your Desires of Peace.
As to Your Majesty's Desire of a safe Conduct, for the coming hither of the Duke of Richmond, Earl of Southampton, John Ashbournham and Jeoffery Palmer, Esquires, with Propositions from You; the Persons formerly employed from Your Majesty upon the like Occasion having agitated other Things to the Disadvantage of the Parliament, they cannot admit thereof.
And finding that former Treaties have been made Use of by Your Majesty for other Ends under the Pretence of Peace; the Lords and Commons, and the Commissioners for the Kingdom of Scotland, sithence the Breach of the Treaty at Uxbridge, have resolved and agreed to send Propositions and Bills unto Your Majesty, for the obtaining of a safe and well-grounded Peace, and to desire Your Answer unto them, without any Treaty to be had thereupon; which they intend to do with all convenient Speed."