House of Lords Journal Volume 8: 4 June 1646

DIE Jovis, 4 die Junii.

PRAYERS, by Mr. Carter.

Comes Manchester, Speaker.

Messenger from Tetbury's Order.

An Order for giving Twenty Pounds to the Messenger that brought the News of the Taking-in of Tetbury Castle, was read, and Agreed to. (Here enter it.)

Cook's Petition, about his Sequestration.

Upon reading the Petition of Henry Cooke Esquire: It is Ordered, To be sent to the House of Commons, with a Desire of Concurrence, that it may be referred to the Committee of Lords and Commons for Sequestrations, to examine the Causes of his Sequestration, and to relieve him as they shall see Cause.

Treise's Petition, for Reparation for his Losses.

Upon reading the Petition of Leonard Treise, desiring Reparation for his Losses suffered for the Parliament, out of the Estates of Nevill Bligh, Peirce Manaton, and Nathaniell Luggar: It is Ordered to be sent to the House of Commons with Recommendations.

Letters from the Scots Commissioners.

Letters from the Scotts Commissioners were read.

(Here enter them.)

Supply of the Scots Army to be recommended to the H. C.; and Quarters to be provided for the Armies in the North.

Ordered, That these Lords following are appointed to consider of recommending to the House of Commons the Supply of the Scotch Army with Money and other necessary Provisions; and to consider of the drawing up of an Order for the quartering of both the Armies in the North, and for preventing of any Inconve niencies that may happen between them, and report the same to this House:

Any Five, to meet on Morrow Morning, at Nine of the Clock.

Expedient for settling the Militia.

The Lord Willoughby reported a Paper from the Committee, containing an Expedient concerning the Militia of the Kingdom:

The Paper was read. (Here enter it.)

And the Question being put, "Whether this House agrees to this Paper as it is now brought in by the Committee?"

And it was Resolved in the Affirmative.

Protest against it.

Memorandum, That these Lords following, before the putting the Question, desired Leave of the House to enter their Dissents, if the Question was carried against their Vote; which accordingly was granted:

Message from the H. C. with an Ordinance for settling Church Government.

A Message was brought from the House of Commons, by Sam. Browne Esquire, &c.

To acquaint this House, that the House of Comtions, taking into their Consideration the great Distractions in the Commonwealth both in Religion and State, have, for the Settling of the Government of the Church, conceived of an Expedient, which they offer to their Lordships Consideration, and desire Concurrence therein.

The said Ordinance was read Once, and Ordered to be read To-morrow Morning the Second Time.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and send an Answer by Messengers of their own.

Reception of the Ambassador Extraordinary from France.

Sir Oliver Fleming, Master of the Ceremonies, gave this House an Account, "That Monsieur Sabran, the French Agent, was with him Yesterday, and desired to know what the Parliament intends to order concerning the Reception of the French Ambassador that is coming over; and he expressed to him, That, upon his Honour and Life, the Ambassador is to make his Addresses to the Parliament, and hath Letters of Credence to the Parliament."

Ordered, That Sir Oliver Fleming, Master of the Ceremonies, repair to the Place where the Ambassador shall land; and upon his Landing to give Notice to this House, that so Barges may be sent down, and some Persons of Quality to receive him; and that Coaches may be provided to bring him to his Lodgings; and that the Gentleman Usher shall enquire where the fittest Lodgings ready furnished may be had for his Reception; and the Concurrence of the House [ (fn. 2) of Commons] to be desired herein.

Expedient for settling the Militia.

"The Expedient.

"That the whole Militia of this Kingdom and Dominion of Wales, by Sea and Land, be in both Houses of Parliament for Years; and after, in His Majesty and both Houses of Parliament; and in case any Forces shall come into this Realm from Abroad, or any be assembled in this Kingdom, without the Consent of His Majesty and both Houses of Parliament, and that His Majesty shall refuse to join with both His Houses of Parliament for the Suppression of them; that then the whole Militia of this Kingdom shall be in both Houses of Parliament, until such Forces be suppressed and dispersed; and this to be from Time to Time, as often as Forces shall be assembled without the Consent of King and Parliament in this Kingdom, and His Majesty refuse to join with both Houses for the Suppression of such; and in the Intervals of Parliament, by such as they shall appoint."

Protest against it.

"The Expedient aforesaid, concerning the Militia of this Kingdom, being this Day brought in by the Committee; and it being put to the Question, Whether this House doth agree thereunto? Being carried in the Affirmative; the Lords who have hereunto subscribed their Names, having demanded their Right to enter their Dissent, do accordingly enter their Protestation against it:

"A. Northumberland. Pembroke & Mont. C. Nottingham.

"Salisbury. B. Denbigh. W. Say & Seale.

"P. Wharton.

"Ed. Mountagu. Grey of Werk."

Message to the H. C. about the Reception of the Ambassador Extraordinary from France;

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

1. To let them know, that the Lords, being informed from Sabran, by Sir Oliver Fleming, Master of the Ceremonies, "That the French Extraordinary Ambassador is to make his Approaches to the Houses of Parliament, and hath Credential Letters to them," have given Directions to Sir Oliver Fleming, to go to the Place where he lands, to receive him, and from thence to give Notice thereof; and thereupon the Lords have appointed One of their Members to go to Gravesende, to entertain the Ambassador, and with Barges to conduct him towards London, where Coaches and all fitting Accommodations are to be provided, as in the like Occasions, for his Reception; and that their Lordships have likewise taken Order, that a fitting House for the said Ambassador's Lodging be provided; and to desire their Concurrence therein.

with the Ordinance for reinstating Saunders & al. at Exeter;

2. To deliver to them the Ordinance concerning Mr. Saunders and others into their Places at Exeter, who were put out for adhering to the Parliament, to be put in again.

and about Domergn's Petition.

3. To put them in Mind of the Petition of the Surgeon to the Lord Willoughbie's Regiment.

Needham, Author of Britannicus, bailed.

"The Condition of the abovesaid Recognizance is, That Marchemont Needham shall appear, upon Three Days Warning left at his House (fn. 3) or his Lodging, before the Lords in Parliament; and that he shall not write any more Pamphlets without Leave of this House first obtained."

Letter from the Scots Commissioners.

"For the Right Honnorable the Earle of Manchester, Speaker of the House of Peeres pro Tempore.

"Right Honnorable,

"Though wee are sorry soe often to renew the same Desire to the Honnorable Houses; yet, not receiveing any Answere. wee are forced, for freeing our Consciences and the Discharge of our Duty, once more to expresse our Minde by this inclosed Paper to the Two Houses, which, with the Committee of Estates Letter, wee intreate your Lordship to comunicate to the House of Peeres, from

Worcester House, 4 June, 1646.

"Your Lordships

"Very affectionate Freinds and humble Servaunts,

"Lauderdaill.

"Johnston. Hew Kennedy.

"Rob. Barclay."

Letter from the Committee of Estates at Newcastle, to the Scots Commissioners, desiring they would procure Supplies for their Army in Yorkshire; and that the Parliament Forces may not streighten their Quarters there.

"Right Honnorable,

"There being nothing more in our Desires then to preserve a right Understanding, and prevent every Thing that may tend to the Weakninge of the happy Union betweene the Nations; wee have thought it necessary againe to shew you: Lordships, that our Army is exceedingly straightred in that Corner of the County of Yorkesheir wherein they are now quartered, by the neere approachinge of the Parliament's Forces, which doth not only bring greate Hardshipp upon our Army through the Want of Accomodations and necessary Entertainment, but alsoe forceth an unjust Burthen to bee said on that Part which should bee assisted by the rest of the Country, and may occasion sundry Inconveniencyes betwixt our Forces and those of the Parliament; the Consideration whereof makes us with all Earnestnes desire your Lordships to deale effectually with the Parliament that the Money, soe often pressed for, may bee speedily provided, and sent to supply the extreame Necessity of the Army, and they thereby enabled to give some Sattisfaction to the Country, for easing them of a Part of that Burthen which they now beare; and that you would desire that Order may be given to the Forces of the Parliament, to forbeare to presse upon our Quarters, that wee may enlarge the same, and the little Part of the Country which beares the Burthen of all bee not utterly wasted, and the Army starved; being consident that, if noe Supply bee sent to the Army, and wee bee forced to enlarge our Quarters for avoyding those Evills, and to make the Burthen of this Part of the Country to bee lighter, it wil bee rightly understood, and that wee have noe further Ends therein then to preserve the Army and Country from Ruine; soe, expecting your Dilligence herein, wee remaine,

Newcastle, the 25th of May, 1646.

"Your Lordships

"Very affectionate Freinds,

"Signed, Lovdonn, Lannerike.

"Leven.

"Balmerino. A. Hepburne. S. D. Home.

"Fryland. Wm. Glendoning.'

Paper from the Scots Commissioners, to accommodate Differences, and prevent a Breach between the Two Kingdoms; and desiring the Propositions for Peace may be sent to the King.

"Wee have very frequently represented to the Honnorable Houses the extreame Necessityes of the Scottish Army, and the dangerous Effects which were like to followe, if some more effectuall Course bee not taken for their necessary Provisions, whereby the Countyes might bee eased, and they not burthensome to those Places where they did or doe quarter. Wee have alsoe earnestly desired that such Complaints as were or should for the future bee sent upp hither, concerning any Disorders in that Army, or Abuses committed by any Person or Persons therein, might bee made knowne unto us, or to the Committee of Estates upon the Place; promising that, upon the Intimation given, and Proofe made of the Offence, the Offenders should bee condignly and exemplarily punished: As by these and all other possible Meanes and Wayes wee have diligently and faithfully endeavored to prevent Misunderstandings and Differences betweene the Kingdoms; soe, from the Conscience of the solemne League and Covenant, and of the Particuler Trust put upon us from the Sense of the pressing and still unremedied Sufferings of our Army, our Eares alsoe being filled with the Noise of Complaints and Informations come hither against them, which some doe not only easily beleeve and readily intertaine, but with much Art spread and aggravate; and finally, that wee may, for our owne Exoneration in Point of Duty, leave noe Meane unessayed which may heale the present, and prevent all future Jealousyes, wee cannott choose at this Season but expresse that which lyeth much upon our Spiritts, and which, being tymely animadverted by the Wisdome of both Houses, may produce good Effects to their and our Comfort.

"As wee are conscious to the Sincerity of our owne Intentions and Endeavors to preserve a firme Peace and Union betweene these Kingdomes, and to bring the Warre to a happy and speedy Conclusion; soe, upon our certaine Knowledge, wee can say, that the Parliament of the Kingdome of Scotland, and (fn. 4) in the Intervalls of Parliament the Committee of Estates at Home, and with the Army in this Kingdome, have proceeded and doe proceed upon the same Principles, and toward the same Ends, of which, soe farre as concerneth the Committee with the Army, the Commissioners of both Houses have often upon the Place given ample Testimony, which wee doubt not they have done here alsoe, as they freely declared that they would doe; neither hath that Kingdome (to our best Knowledge) failed in the Performance of any Article of the Treaty with this Kingdome which was to bee performed upon their Part, although Provocations have not bin wantinge; soe that wee are exceedingly amazed to heare such Noise of a Breach expected betweene the Kingdomes; which if it should fall forth (as the Lord forbidd), wee are confident it neither hath, nor shall have any Cause or Rise from our Nation, and wee are noe lesse confident, that a Cursse from Heaven shal bee upon those Persons, who, for their owne Ends and Interests, coloured with false, though specious Pretences, are or shal bee plottinge and actinge all that they can, to hinder a Peace, and to continue a Warre; and when, through God's Goodnes, the common Enemyes of the Religion and just Libertyes of both Kingdomes are in soe greate a Measure broken, least this should make an End of the Warre, doe or shall apply themselves to sow Discord amonge Brethren, to make divisive Motions, and to creat and increase Differences betweene the Kingdomes, and for that End are extreamly vigilent to catch, and active to improve, the smalest Occasions, taken sometymes from groundlesse and false Reports, sometymes from the Miscarriages of some sewe private Persons, pinched with Want, and provoked with Reproaches.

"Wee shall heartily wish, that He in whose Sight all Things are naked and manifest, may discover and resist all secrett Enemyes of Truth and Peace, whoever they bee; and wee trust that God will soe direct the Honnorable Houses of Parliament, that they will never comply with, or connive at, the Councells and Wayes of any Party, which for their owne Advantages would not spare to lett in that Flood of Misseryes upon this Island, which cannott but followe upon the Ingagment of the Kingdomes in a Warre.

"Wee doe alsoe expect, from the Justice and Wisdome of the Parliament, that the brotherly Way formerly used for a good Correspondence betweene the Kingdomes may bee remembred and resumed; and particularly that, according to the Vote of both Houses, 17 October, 1644, in referrence to our Paper of the Fowerteenth of September 1644, what Doubts or Objections shall arise in either House, upon Consideration of any Thing propounded concerning the Scottish Armyes in England or Ireland, the same bee recommitted to a Committee of both Houses, that, after Debate with us, and full Understanding of our Meaninge, the Results thereof may bee reported. If now the Honnorable Houses are or shal bee unsattisfyed concerning any in the Scottish Army, wee doe faithfully promise and engage ourselves, in the Name of that Army, that reall and speedy Sattisfaction shal bee given when it shall bee desired, and the Delinquents (when they shall bee knowne) severly punished; and, if they bee such as have served in Armes against the Parliament, shall bee removed out of the Army; in which Particular, the Committee with the Army did lately give an Evidence of their Willingnes, upon Occasion of a Motion offered from some of themselves to some of the Commissioners of the Parliament, That a Paper might bee delivered in to the Committee of Estates from the said Commissioners of Parliament, desireing that such as had bein in Armes against the Parliament might bee removed out of that Army; after which, a Paper was delivered from the Commissioners of Parliament, proposeing, That such Subjects of the Crowne of England as have served the Enemy, and have not conformed to the Ordinance of Parliament, might bee removed out of that Army; the Committee of Estates did retourne a most sattisfactory Answere, condescending heartily to the Propositions, and desireing from the said Commissioners a List of the Names of such Persons, that they might bee instantly discharged; promiseing alsoe, that they themselves should diligently enquire after them, and make it appeare how cordially they love and honnor the Parliament of this Kingdome (all which is more fully expressed in the Papers themselves). Thereafter, aboute the Tyme of the Removall of our Army from Newarke, the Commissioners of Parliament, according to such Informations as they had, delivered in a List of the Persons, wherein there were named diverse in our Army upon a Mistake, they beinge of the same Name with some that had served against the Parliament; but themselves (to the perfect Knowledge of the Committee) haveing never served against the Parliament, yea, haveinge come in with that Army at their entringe this Kingdome; and as to any others in that List, the Committee retourned this Answere, That, accordinge to their former Engagment, in their Answere 17 Aprill, such Persons should bee removed out of the Army.

"Their Willingnesse to execute Justice hath bin manifested in the Case of other Offenders as well asthose who have bein in Armes against the Parliament: Upon some Complaints against the Reformadoes that were in that Army, by Order of the Committee of Estates, they forthwith discharged and removed out of the Army; and upon some Disorders committed by others, a Councell of Warre was called, and the Persons guilty condemned and executed. It is true, the Commissioners of the Two Houses delivered a Protestation against that Way of proceedinge by a Councell of Warre of the Officers of the same Regiment to whome the Delinquents did belong; but it was after the Councell of Warre had mett, and the Persons were sentenced: And concerninge that Way of Procedure, wee desire it may bee considered, that it is the constant Way of the Military Discipline of Scotland, as it is in Germany and many other Places of the World, and which every Regiment claymeth as their proper Priviledge. Some others have bein put to Death; and what more can bee required at their Hands?

"As to the Complaints of the Country of their greate Burthens; it is noe Wonder, seeing One Corner thereof susteaneth the Burthen of the Maintenance of that Army, when it should bee eqally laid upon the whole Kingdome: For Remedy whereof, the Army, and wee in their Name, have with much Importunity desired from the Parliament Meanes to releeve them, as to supply themselves; and they are most willinge to allowe in their Accompts what they receave in their Quarters, and have often desired Commissioners to bee sent downe to concurre with them to adjust the Perticulers; and if they knew of any other Way to keepe themselves from disbanding or starving, but by takeinge Quarters in the Country when noe Money is provided for them, they would most heartily imbrace it.

"When wee shall knowe any other perticuler Complaints concerning Disorders in that Army, wee shal bee ready to give speedy, just, and sattisfactory Answeres. This wee can say for the present, that, although Warrants have bin issued to invite the Country to present their Complaints concerninge Disorders committed in our Army (the like not beinge done concerning Disorders amonge the English forces), yet, upon the Knowledge and Proofe of any Offence soe complained of, Justice was done, which is the most that can bee required: Although likewise all the Tyme our Army was before Newarke, our Foote Souldiers had Only Penny Halfe Penny per Diem in Money and Provision, whereas the English Souldiers imployed in the same Service with them had Eight Pence per Diem, and Twelve Pence every Third Day when they did worke; and although strict Discipline and Justice against all Abuses useth not to bee expected from an Army which receaveth soe little of their Pay; yet there hath bin more Strictnes in punishing Offendors in that Army then amongest those who were much better paid: Wee intend not to asperse any, but only to vindicate the Reputation of our Army; and to move the Honnorable Houses to take some more reall and effectuall Course for supplying their Wants; and that they may plead for preventing of further Differences; and, for the greater Ease of the Country, to give Order to the Committee of Yorke, for the quartering of the English Forces and ours in the most convenient Places; as likewise for sending to ours a considerable Proportion of Money, to discharge their Quarters, and releife their extreame Necessityes. It is not light, but greivous to us, to heare of any Disorders at all committed by any Person in that Army (how greate soever the Necessityes bee unto which they are redacted), or that our Army should bee any longer burthensome to this Kingdome; and wee doe, in the Name of that Kingdome, declare and assure, that, as they came into this Kingdome upon an earnest Invitation from both Houses of Parliament, and for the Ends expressed in the Covenant and Treaty, and Declaration of both Kingdomes (the Close whereof doth expresse the Resolution of both to have Truth and Peace setled upon a firme Foundation before their laying downe of Armes), soe their Continuance neither is nor shal bee made Use of to the least Incroachment upon the Government of this Kingdome, to any other Ends beside those expressed in the Covenant and Treaty; and how soone soever Religion and Peace shal bee setled accordingly, our Army and Garison shall forthwith remove out of this Kingdome: And these Things wee shall with may bee speedily done, and that the Propositions for a safe and well-grounded Peace, which did for a very short Tyme remaine in our Hands, may now, after soe longe Expectation, bee sent to the King, that, upon His Royall Consent to the Desires of His People for setlinge and secureing of Religion and Peace, His Majesty may retourne to His Parliament here, all Armyes may bee disbanded, the heavy Pressures of the Subjects ended, and the Kingdomes may remayne conjoyned in a firme Peace and Union to all Posterity, according to the solemne League and Covenant."

Order for 20£. to Brereton, from Tutbury.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies at Habberdash'rs Hall do forthwith advance and pay unto Mr. Brereton, the Messenger that brought the News of taking-in Tutbury Castle, the Sum of Twenty Pounds for his Pains."