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 Saturni, 5 die Decembris.
PRAYERS, by Mr. Corbett.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Answer from the H. C.
Dr. Heath and Mr. Hackwell return with this Answer to the Message sent by them to the House of Commons:
That they will send an Answer by Messengers of their own.
Ordinance to pardon Suf. Adams, convicted of Manslaughter.
Upon reading the Petition of John Adams and Suzan his Wife, with the Certificate of the Justices of Peace of Sussex and the Jury, and likewise the Information of Justice Brown, "That the Contents of the Petition was true:" (Here enter it.)
It is Ordered, That these Lords following are appointed to be Committees, to prepare an Ordinance, and to present the same to this House:
Any Two, to meet when they please.
Mr. Justice Bacon to be Assistant.
Papers corscerning the Treaty with the Scots Commissioners.
The Lord Viscount Say & Seale reported, from the Members of both Houses that are of the Committee of both Kingdoms, divers Papers containing the Matter of the Treaty with the Scotch Commissioners.
The several Papers were read, as follow.
(Here enter them.)
Ordered, That this House returns Thanks to the Lords that managed this Treaty; and that this Business be taken into Consideration on Monday Morning next.
Langham & al. and Lymbrey & al.
This Day being appointed to hear the Counsel of Lymbery, according to the Order of the 2d of December, upon his Petition;
But they speaking against the Order of this House, as was conceived, they were commanded to withdraw.
And the House Ordered, That the Speaker should let them know, "That this House hath ordered the 10th of December, to put in his Answer to Alderman Langham's Petition; and the 5th of January next, for hearing the Merits of the Cause; if they can offer any Thing which is not upon the Merits of the Cause, nor contrary to the Orders of this House, their Lordships will hear them, otherwise not."
And the Counsel being called in, they alledged, That this House hath not declared any Resolution concerning the Statute of 4 H. IV. and Jurisdiction of the Chancery, whereof they alledged they have not been heard; for Want thereof, they know not how to advise their Clients: And that their Lordships have made an Order to which they were not heard."
The Counsel being commanded to withdraw;
The House took in Consideration what was spoken at the Bar by the Counsel.
And after Debate;
The Lord Viscount Say & Seale, the Lord Wharton, and the Lord North, were appointed by the House, to draw up what is to (fn. 1) be returned by Way of Answer, according to the Sense of the House upon the Debate.
And upon their Report to the House, the Paper containing the Answer was read.
And the Question being put, "Whether this now read shall be said to the Counsel at the Bar, when they shall be called in?"
And it was Resolved in the Affirmative.
And the Counsel being called in, the Speaker read to them, as follows:
"That they call them not in now to hear them speak any further at this Time; and so I am commanded to tell them from my Lords. But my Lords do think fit to let them know, That the Counsel did much misrepresent the Cafe at the Bar, in saying that the Lords made an Order in that whereunto they were not heard; for Captain Lymbery and the rest having put in an Answer, Reasons, and Allegations into this House, why no Proceedings ought to be further had upon the Petition of Sir John Cordell and others before us, Counsel was fully heard on both Sides; and Debate thereupon being had, the Order for retaining of the Cause in this House, dated the 24th of November last, was made; and another Order, of the 28th of November, for Captain Lymbery and others answering in chief; the Lords being fully resolved to do nothing herein but what unto Justice shall appertain."
Preacher at the Fast.
Ordered, That Mr. Herle shall preach before the Lords on Wednesday next, being a Fast-day, in the Place of Mr. Martyn, who is sick, and so not able to perform that Service.
Ordinance to amend the Oath of the Surveyors for Bishops Lands.
The Ordinance for leaving out some Words in the Surveyors Oath of the Bishops Lands, was read, and passed. (Here enter it.)
Committee to consider of Adams's Petition, convicted of Manslaughter.
Lords Committees appointed to consider of the Petition of John Adams and Susan his Wife; and to report:
Mr. Justice Bacon to assist the Lords.
Any Three, to meet when their Lordships shall appoint.
Papers between the Committees of both Houses and the Scots Commissioners, on the Treaty for paying the Money due to their Army; and for it to return Home.
"Die Veneris, 4 Dec. 1646.
"At the Committee of both Kingdoms, at Derby House.
"Ordered, That the Papers that have passed between the Lords and Commons of the Committee of both Kingdoms and the Scots Commissioners, at this Conference, concerning the Payments of the Money, be reported to both Houses.
"Gualter Frost, Secretary to the same Committee."
(fn. 2) First Paper of the Lords and Commons.
"1 Decembris, 1646.
"Delivered as a Discourse only.
"That, when the Two Hundred Thousand Pounds is come to Yorke, upon Notice thereof given to the General of the Scotts Army, all their Forces on this Side Tees shall go over Tees, and deliver the Passes into the Hands of such as shall be appointed.
"That, when the said Money is come to North Allerton, upon the like Notice, the Scotts Forces shall march over the River Were, and deliver Stockton, Hartlepoole, and the Passes of the River Were, into the Hands of such as shall be appointed.
"That then we shall bring the Money to Hartlepoole, where you may appoint some to tell it, and some to go along with it to see that it remain unaltered.
"After the Telling of the Money at Hartlepoole, then their whole Forces to march over Tyne to Northumberland, and deliver the Town of Newcastle and the Castle of Tynmouth, with all the Ordnance, Ammunition, &c. that belongs to the Kingdom of England, into the Hands of such as shall be appointed to receive them.
"That, upon the Delivery of the said Town of Newcastle and Castle of Tynmouth, they shall have such Hostages given them as they shall desire, for the Assurance that the Money shall be paid them on the North Side of the Works of Newcastle, where, after the Delivery of the Money, the Re-delivery of our Hostages is expected.
"That upon the coming of the Money out of Newcastle, that they deliver Hostages to us, of Half the Number of ours, for Assurance that all other Garrisons in their Hands be delivered up; that both Barwicke and Carlile, and all Places fortified on this Side The Firth, that have been fortified since these Troubles, be slighted, according to the large Treaty; and that, upon doing thereof, their Hostages shall be delivered to them again."
(fn. 1) 3 Limitation agreed on, at the Beginning of the Conference.
"Die Lunæ, 1 Dccembris, 1646.
"At the Committee of both Kingdoms, at Darby House.
"Agreed on both Sides, That nothing in this Conference shall be obligatory to either Side, until all be finally concluded upon.
(fn. 1) 4 Paper in Explanation of the First Paper.
"That, when the Two Hundred Thousand Pounds is come to Yorke, upon Notice thereof given to the General of the Scotts Army, all their Forces on this Side Teese shall go over Teese, and deliver all the Passes of that River into the Hands of such as shall be appointed to receive them, within Three Days.
"That, when the said Money is come to North Allcrton, upon the like Notice as aforesaid, all the Scotts Forces shall march over the River Were, and shall deliver Stockton, Hartlepoole, the City of Durham, and all the Passes of the River Were, into the Hands of such as shall be appointed to receive them, within Two Days.
"That then we shall bring the Money to Hartlepoole, where you may appoint some to tell it, which is to be done within Twelve Days; and some to go along with it, to see that it remain unaltered.
"After the Telling of the Money at Hartlepoole, then their whole Forces are to march over Tyne into Northumberland, and deliver the Town of Newcastle, and the Castle of Tynmouth, with all the Ordnance, Ammunition, &c. that belongs to the Kingdom of England, into the Hands of such as shall be appointed to receive them, within Eight Days.
"That, upon the Delivery of the said Town of Newcastle and Castle of Tynmouth, they shall have sufficient Hostages given them, for Assurance, that the Money shall be paid them on the North Side of the Works of Newcastle, where, after the Delivery of the Money, our Hostages are to be re-delivered.
"That, upon the coming of the Money out of Newcastle, the Scotts shall deliver sufficient Hostages unto us, of Half the Number of ours, for Assurance that all other Garrisons in their Hands be delivered up within Three Days; and that their Army and all their Forces shall march out of England within Eight Days; and that Barwicke and Carlile, and all Places fortified on this Side The Firth, that have been fortified since these Troubles, be slighted, according to the large Treaty, within Ten Days; and that, upon the doing of all this, their Hostages shall be re-delivered unto them."
(fn. 2) 5 Scotts First Paper.
"1. Wee have considered your Lordships Paper; and are sorry that, wee being willing to deliver Newcastle and Tynmouth, Hartlepoole, Stockdowne, and Thurlewall, before the Payment of the 200,000£. (there beinge alsoe greater Summes due to the Kingdome of Scotland remaininge in the Hands of the Parliament of England), your Lordships should desire that all our Forces should, after Rendition of the Garrisons, retire out of all their Quarters besouth Tyne before they receive any Money, and bee pressed to remove into strait and barren Quarters, where, before the Moneyes could bee distributed, that poore exhausted County of Northumberland would bee altogether ruined, and, instead of sendinge away the Souldiers contentedly, they should bee in Danger of starvinge, and fall into a Mutiny: And therefore wee cannott undertake that the Army shall performe what is here propounded by your Lordships; but, when the Money, being tould and sealed at Yorke (as moved by your Lordships) by some appointed on both Sides (who are alsoe to remaine with it till it bee delivered) shall come to Hartlepoole or Stockton, our Forces shall march out of the same; and the 200,000£. being knowne to bee there, Newcastle and Tynmouth Castle shal bee surrendred, such Hostages as shall bee desired (as is offered by your Lordships) being given at the same Tyme for the Assurance that One Hundred Thousand Pounds shal bee delivered at Durham within Two Dayes after Surrender of the Garrisons; upon Performance whereof, that Part of the Army which is quartered on the South Side of Tyne shall, within Eight Dayes to bee allowed for Distribution, march, One Regiment after annother, through Newcastle, to the North Side of Tyne, where the other 100,000£. shal bee delivered at Morpeth, and your Hostages shall retourne; and upon the comeing of the last 100,000£. out of Newcastle, Hostages to the Halfe of the Number of yours shal bee given, for Assurance that the Fortifications of the Garrisons of Berwicke and Carlile shal bee demolished and slighted; after which, our Hostages are to retourne.
"It is to bee remembred, that, before any Thing bee agreed upon, wee are to receive Sattisfaction concerning the Termes of Payment, and Security of the last 200,000£."
(fn. 2) Second Paper of the Lords and Commons.
"6. We desired that the Money should be told in the City of London; and have received your Lordships Answer that you cannot consent to the Telling of it here, unless you may send to Edinburgh, to have some Tellers from thence appointed by the Treasury; for the Telling here would not else prevent another Telling; whereupon we proposed that the Money might bee told at Yorke: And your Lordships demanding to have One Hundred Thousand Pounds before your Forces on this Side Tyne could march over, we, to supply you with some Money for the present for those Forces that were South of Tyne, did propose the Payment of Forty Thousand Pounds to you, for your Forces on this Side Tyne.
"But your Lordships insisting for One Hundred Thousand Pounds as the least Sum that could remove your Forces on this Side Tyne to the North of that River, the greatest Part of your Army being on this Side Tyne; we propose, that after the Money is told at Yorke, that your Forces do quit Newcastle and Tynmouth Castle, and all the other Garrisons on this Side Tyne; and that our Forces be possessed of all those Places, and Carlile left to be slighted, according to the large Treaty:
"That then One Hundred Thousand Pounds be paid at North Allerton, and sufficient Hostages for the Payment thereof accordingly within Six Days; and that, within Ten Days after the Payment of the said Hundred Thousand Pounds, all your Forces on this Side Tyne march over Tyne by a Bridge for that Purpose, or by single Regiments through our Garrison of Newcastle; and the same Hostages to continue, for your safe marching to and through Newcastle; but your March over a Bridge or through Newcastle, as aforesaid, to be at our Election.
"For the other Hundred Thousand Pounds, we propose that it shall remain at Yorke till your Army and Forces be on the North Side of Newcastle, and then to be brought to Newcastle, and there to remain till your Army and all your Forces be out of the Kingdom of England; and the Garrison of Berwicke and the Garrisons of Scotland, according to the large Treaty, to be also slighted, which is to be done within Ten Days; and all other Garrisons in the Kingdom of England delivered into our Hands: And then we shall pay the other One Hundred Thousand Pounds within Two Miles of Berwicke in Scotland, within Six Days; and our Hostages, which are likewise to continue with you for Performance hereof, are then to be returned to us.
(fn. 2) Scotts Second Paper.
"7. Wee are extreamly sorry that this Debate is drawne to soe greate a Length, whilest wee have omitted nothinge which was in our Power to give your Lordships all possible Sattisfaction; for, soe soone as your Lordships produced an Authority from both Houses to treate with us, though wee might have excepted against the Want of Power in severall Perticulers wherein wee ought in Reason to have beene sattisfyed, yet wee were soe desireous to come speedily to a Close, as wee layd such Considerations aside; and, further to wittnesse our Readines herein, did leave it wholly to your Lordships to appoint the Tyme for Payment of the Money, and Delivery of the Garrisons; and notwithstanding that, according to the Treaty betwixt the Kingdomes concerning Berwicke, a Scotts Garrison is to remaine there untill the Peace of the Two Kingdomes shal bee setled, yet, that all Jealousyes on our Part may bee removed, wee declared, That, receiveing Sattisfaction in other Things, our Forces should alsoe remove out of that Garrison, and that the Works thereof should bee slighted, and the Place dismantled, according to the Treaty.
"Upon Tuesday at Night last, wee received a Paper from your Lordships, and upon Wednesday wee retourned thereunto a verball Answere, and afterwards in Writinge, wherein wee shewed the Reasons for which wee could not consent thereunto, and made such a reasonable Offer as wee conceived would give your Lordships Sattisfaction; upon Consideration whereof, your Lordships did, late Yesternight, offer the Payment of 40,000£. before our Forces should remove to the other Side of Tyne, and before the Surrender of Newcastle and Tynmouth, and, upon the Surrender of them, to give such Hostages as should bee desired (which now seemes to bee declyned) for Payment of the Remainder of the 200,000£. on the North Side of the Works of Newcastle. This Morninge wee came full of Expectation that wee should speedily agree; especially haveing cleerly shewed unto your Lordships that it could not give Sattisfaction to the Army, but would occasion a Mutiny, if any lesse Summe then 100,000£. were divided amongest the Officers and Souldiers which are quartered on this Side of Tyne: But, upon Perusall of your Lordships Paper delivered to us this Afternoone, wee finde that your Lordships and wee are further from Agreement then wee have bin since the Begininge of this Conferrence.
"And first wee must observe, That, in your Lordships former Paper, you did desire the Money to bee tould at Hartlepoole, wherewith wee were content; but when afterwards your Lordships desired it to bee tould in London, amongest other Inconveniencyes, wee shewed your Lordships that this would cause a greate Losse of Tyme, in regard the Treasurer of the Army could not bee required to answere for any Failer of the Money unlesse it were tould by Persons appointed by his Order; and to stay untill he were advertised, being now in Scotland, would take upp more Tyme then the Condition of the Army and Pressures of the Northerne Parts could well admitt of; whereupon it was moved by your Lordships that the Money should bee tould at Yorke, and wee assented.
"And whereas, before, your Lordships offered to bringe the Money to Hartlepoole before the Surrender of Newcastle and Tynmouth; now your Lordships desire, that soe soone as the Money is tould at Yorke, not only Newcastle and Tynmouth and all other Garrisons on this Side Tyne may bee surrendred, but alsoe that Carlile may bee left to be slighted, and then 100,000£. shal bee paid at North Allerton within Six Dayes, whereas wee desired it within Two Dayes, and at Durham as a more convenient Place; and Ten Dayes after that, it is desired, that all our Forces on this Side Tyne should march over that River by a Bridge, if it shal bee thought fit; to which wee shall give noe other Answere, butt that, though wee should agree unto it, yet, when wee deliver a Garrison which is in our Possession, and bring a Passe over a River, wee suffer One Part of our Army to bee divided from the other, Forraigne Nations and Posterity may justly thinke it a groundlesse Distrust on your Part, or worse upon ours, that our Forces shal bee desired to march over the River by a Bridge, and not bee permitted to march through the Garrison that was the other Day in their Possession, considering that amongest us formerly there was soe greate Trust, and soe many mutuall Obligations.
"Wee must likewise remember your Lordships, that, in all our Conferrences hitherto, though there were Debates whether wee should first deliver the Garrisons to your Lordships, or the Money should bee first delivered to us; yet wee never imagined that it should bee called into Question, whether the Money due to the Army should bee paid before their Removall out of the Kingdome, notwithstandinge the Garrisons were surrendred; nor can it bee expected that the Army will march out of England before they receive Sattisfaction.
"The Security of Hostages, offered by your Lordships for Performance of these Things, cannott sattisfy the Army; nor can a few Men any Wayes countervaile the greate Losse and Prejudice may bee sustayned by the Army, in case there were any Intention to make Use of the Surrender of the Garrisons to their Disadvantage, which wee shall never suspect from the Parliament; wee might with farre greater Reason offer Hostages to your Lordships for Performance of what is required from us: Such as Affaires now stand, all the Danger which can be feared on your Part is the Losse of 200,000£.
"Wee further observe, that by the Way proposed by your Lordships there would bee a greater Expence of Tyme (and consequently greater Inconveniences to the Country as well as to the Army) then by what wee doe offer; wherefore, since that which is proposed by your Lordships cannott give Sattisfaction to the Army, wee doe adhere to our former Paper, as that which proposeth the most sattisfactory and expeditious Way; to which wee further add, That, upon Receipt of the First 100,000£. Order shal bee given to the Scottish Forces forthwith to slight and demolish the Works of Berwicke and Carlile, with whome the Country People would bee appointed to concurre.
(fn. 2) Third Paper of the Lords and Commons.
"8. We have been so sensible of the Miseries of the Northern Parts, and so far desirous to relieve the same, and to abate the Charge of the Kingdom, that we have neglected no Time for expediting this Business, wherein this Kingdom is so much concerned; and as to the Offer you make concerning Berwicke, it is no more but what you made in your Paper of the 11th of August, which was agreeable to the Treaty, and is in these Words:
"We do, their in Name, (videlicet) in the Name of the Kingdom of Scotland, declare, That they are willing forthwith to surrender the Garrisons possessed by them in this Kingdom, which they did keep for no other End but the Safety and Security of their Forces, and without Delay to re-call their Army, reasonable Satisfaction being given for their Pains, Hazards, Charges, and Sufferings, whereof a competent Proportion to be presently paid to the Army before their Disbanding, and Security to be given for the Remainder at such Times hereafter as shall be mutually agreed on."
"For the Proposal or Offer of Forty Thousand Pounds, we still offer it as before, if your Lordships shall accept thereof; and also sufficient Hostages; which we cannot question but will be satisfactory to your Lordships.
"And whereas we have not re-called the former Offer, but given you the Choice of another, if you should like it better; we cannot conceive why you should say, we were further off from Agreement than before, your Choice remaining to either: As to your Observation concerning the Bridge of Boats, it was first moved and often repeated by your Lordships, before it was ever mentioned or offered by us; and therefore have given no Occasion for that Construction of Distrust which is put upon it by your Lordships.
"And to manifest that our Intentions are to avoid all Delays, and to come as near to your Desires as possibly we can; we further propose, That, your Lordships agreeing with us for the Payment of the First Hundred Thousand Pounds, according to our Paper Yesterday delivered to your Lordships,
"That our Hostages shall continue with you, for Assurance of the Payment of the other Hundred Thousand Pounds on the North Side, within a Mile of Newcastle, within Eight Days after all your Forces are on the North Side Newcastle and Tynmouth Castle, and our Forces are possessed of Newcastle, Tynmouth Castle, and the other Garrisons on this Side Tyne; and upon your Forces quitting the Garrisons of Berwicke and Carlilc, and the other Garrisons North of Newcastle, at the same Time as you march out of Newcastle.
"That, upon the Delivery of the other Hundred Thousand Pounds on the North Side of Newcastle as aforesaid, our Hostages are to be delivered to us; and, upon the coming of the Money out of Newcastle, sufficient Hostages, to the Half Number of ours, are to be delivered to us from the Kingdom of Scotland; that your Army and all your Forces do march out of the Kingdom of England; and Barwick and Carlile, and the Garrisons in Scotland, slighted, according to the large Treaty, within Ten Days after the Payment of the latter Hundred Thousand Pounds; which Hostages are to be delivered back as soon as your Army and Forces are marched out of the Kingdom, and Berwicke and Carlile, and the Garrisons in Scotland slighted, as aforesaid, according to the large Treaty.
"We further desire to confer with your Lordships, concerning the Preservation and Ease of the Country, in the Passage of your Armies and Forces out of this Kingdom, according to the Order of both Houses of Parliament.
"And we also propose, that the Forces in Westmerland and Cumberland, which cannot be said to be of the South or North Side of Tyne, because that River riseth not so far, should be paid off at the same Time the Forces on the South Side are; and that those may march out of those Countries when these march from the South Side of Tyne.
"And for that it hath been now a Week that we have been in Treaty about this Particular, and the Houses are in continual Expectation of a Report from us of our Proceedings; if your Lordships shall not accept what hath been offered by us, we hold it fit to report how far we have proceeded.
(fn. 2) Scotts Third Paper.
"9. Your Lordships and wee agree in our Sence of the Pressures of the Northerne Parts; and wee cannott but expresse how sorry wee are, that for many Moneths together noe Money hath bin sent to supply the Necessityes of the Army, whereby the Country might have beene releived.
"The Words of our Paper of the 11th of August doe not extend to the Garrison of Berwicke, which by Treaty is to have a Scotts Garrison until the Peace bee setled, but to those Garrisons which were demaunded from the Kingdome of Scotland by the Houses of Parliament, as is intimated in that Paper, and fully expressed in our subsequent Papers, and although those Words did comprehend the Garrison of Berwicke, yet the Argument doth inferre noe more but that wee have formerly offered that to the Honnorable Houses presently, which wee might by the Treaty have reserved in our Hands untill the Peace had bin setled.
"Your Lordships did at first offer unto us such Hostages as should bee desired; but the Word ["sufficient"] is soe ambiguous, and subject to Contest, as it may bee alleadged your Lordships are to bee Judges of our Security and Sattisfaction.
"Wee have perused your Lordships former Paper, and doe not finde that your Lordships gave us the Choise of the Two Offers; and the last Offer haveing more Inconveniencyes then any other, and it being to bee supposed that your Lordships offer in the last Place that which will give best Sattisfaction; wee finding it to give the least, conceived that wee had just Reason to thinke that your Lordships were further from Agreement then before.
"Wee did propose unto your Lordships the Marching of our Forces through Newcastle by single Regiments; and this being objected against, wee said, by Way of Argument, that either this must bee graunted, or otherwise our Forces must passe by a Bridge, supposing that your Lordships would never require the last, and whilest wee are in Capitulation deny us Passage through the Towne that is yet in our Possession; and therefore wee did not at all thinke fitt to speake of a Bridge in the Paper delivered to us by your Lordships.
"Wee. cannott agree to the Offer of 40,000£. for Payment of our Forces on this Side Tyne, because it is not enough to divide amongest the Souldiers; neither can wee agree to the First 100,000£. as was proposed in your Lordships former Paper; in perticuler, wee cannott assent to the Delivery of the Garrisons of Newcastle and Tynmouth until the Money come to Hartlepoole or Stockton, to which your Lordships did once agree, and whereunto wee are possitively lymitted by our Instructions: If therefore the Honnorable Houses shall thinke sitt to accept of the Offer made in our First Paper, receiveing Sattisfaction in other Things, wee shall presently conclude upon it; but if this shall not bee accepted, and if your Lordships have noe other Expedient to offer, to the End nothing may bee omitted which is in our Power to doe for accelerating a speedy Agreement, the Two Propositions made by your Lordships being qualifyed as followes, wee shall make Choise of One of them, and signify our Election to the Honnorable Houses, or such Committees as shall bee by them appointed, before the Money bee tould at Yorke.
"The First Proposition.
"That, the 200,000£. being told and sealed at Yorke by some appointed on both Sides, and brought to Hartlepoole or Stockton, and 40,000£. thereof delivered at Durham, all our Forces shall march to the other Side of Tyne, and deliver upp Newcastle and Tynmouth, and all other Garrisons on this Side of Tyne, receiveing at the same Tyme such Hostages as shall bee desired for Payment of the Remainder of the 200,000£. on the North-side of the Works of Newcastle; upon Performance whereof, your Hostages are to retourne; and upon the coming of the Remainder of the 200,000£. out of Newcastle, Hostages to the Halfe of the Number of yours shal bee given, for Assurance that the Garrisons of Berwicke and Carlile shal bee slighted, and our Army and Forces shall march out of this Kingdome within Ten Dayes after the Payment of the Remainder of the 200,000£.; after which, our Hostages are to retourne.
"That, the 200,000£. being tould and sealed at Yorke by some appointed on both Sides, and brought to Hartlepoole or Stockton (which shal bee quitted by our Forces upon the Approach of the 200,000£.), the Garrisons of Newcastle and Tynmouth, and all other Garrisons on this Side of Tyne, shal bee surrendred, wee receiveing at the same Tyme such Hostages as shall bee desired, for Payment of 100,000£. at Hartlepoole or Stockton within Four Dayes after the Surrender as aforesaid; and immediatly after the Receipt of the said 100,000£. Order shal bee given for the slighting of the Works of Berwicke and Carlile; and within Ten Dayes after the Payment of the said 100,000£. all our Forces on this Side Tyne shall march through New Castle by single Regiments (not above Six Hundred at One Tyme to bee in Newcastle); and the same Hostages to continue for their safe marching to and through Newcastle, and for Payment of the other 100,000£. on the North Side, within a Mile of Newcastle, within Fower Dayes after all our Forces are on the North Side of Newcastle, and the Garrisons of Newcastle and Tynmouth, and all other Garrisons on the South Side of Tyne, are quitted by our Forces; and, after Payment of the last 100,000£. your Hostages shall bee delivered backe; and, upon the coming of the Money out of Newcastle, Hostages to the Halse of the Number of yours shal bee given, for Assurance that the Garrisons of Berwicke and Carlile shall bee slighted, and that our Army and Forces shall march out of this Kingdome within Ten Dayes after the Payment of the last 100,000£. after which our Hostages shal bee retourned.
"Whereas your Lordships propose that the Forces in Cumberland and Westmerland should bee paid off at the same Tyme the Forces on the South Side of Tyne are; wee cannott determine any Thing concerninge them, not knowing how farre the 100,000£. may extend, nor how it may stand with the Accommodation of the rest of the Army, that they doe at the same Tyme march out of those Countyes into Northumberland; but they shall assuredly march out of the Kingdome as soone as the rest; and as to your Lordships Desire, that all Places fortifyed on this Side The Firth in Scotland since these Troubles bee slighted, wee shall willingly agree, provided your Lordships doe slight all Places in England as sarre distant from the Borders of Scotland, which in Reason wee conceive cannott bee denyed.
"Wee are ready to conferre with your Lordships concerning the Preservation and Ease of the Country in the Passage of our Army, as alsoe concerning the Sattisfaction to bee given to us in the Dayes of Payment, and Security for the last 200,000£. which is to bee agreed upon before the Conclusion of this Treaty; and wee shall then give in our Desires for the Ayde and Assistance wee expect from this Kingdome upon the marching away of our Army, for opposing the Rebells of Ireland, who, being Subjects of the Crowne of England, have for a long Tyme, and doe still, infest Scotland, and who are expected in farre greater Numbers, and (if not vigorously opposed and suppressed there) may prove very dangerous to both Kingdomes.
"This wee certainly promise to ourselves from the reciprocall Kindnes of this Kingdome; to which they are alsoe obliged by the late Treaty, as wee touched in our Paper of the 11th of August."
Adams's Petition, for a Pardon, who was convicted of Man-slaughter in Sussex.
"To the Right Honourable the Lords and Commons in the High Court of Parliament assembled.
"The humble Petition of John Adams and Susan his Wife;
"That whereas, at the General Affizes and Gaol Delivery holden of and at East Grimsted, for the County of Sussex, the 21th Day of July last, 1646, before Mr. Justice Bacon and Mr. Serjeant Turner, Justices of Assize and Gaol Delivery for the said County, your Petitioner Susan Adams was found guilty of Man-slaughter, for the killing of Hester Pride her Maid Servant, and had Judgement of Death accordingly: And whereas the Jury for Life and Death then and there impanneled conceiving the said Susan might have the Benefit of the Clergy, and also the Evidence not being full, and the Blow that she gave her Servant was but with a Stick, and for Correction, they did find her guilty of Man-slaughter, whom otherwise they would have freed, had they known that the said Statute had not extended to Women in such Kind: But however, Mr. Justice Bacon, more seriously considering the Case, did in Mercy reprieve her from the Pains of Death, under which Mercy she yet lives. The Particular of the Passages are attested under the Hands of divers of the Justices of the Peace and Members of the Honourable House of Commons for the said County, and the said Jury, which are hereunto annexed.
"Wherefore your poor Petitioners most humbly beseech your Honours, that you would be pleased, the Premises considered, and in regard also that your poor Petitioner Susan is now in the Gaol, and is ready to starve, having Four small Children, to grant a Warrant, that your poor Petitioner may have her Pardon under the Great Seal of England, whereby your poor Petitioner may be acquitted and pardoned of and from the said Judgement, and of and from all Pains of Punishment by reason of the same.
"And your Petitioners shall ever pray, &c.
Justices Certificate in her Favour;
To the Right Honourable the Commissioners, Keepers of the Great Seal of England.
"Whereas, at the General Assizes and Gaol Delivery holden at East Grimsted, for the County of Sussex, the 21th Day of July last, 1646, before Mr. Justice Bacon and Serjeant Turner Justices of Affize and Gaol Delivery for the said County, one Susan Addams, the Wife of John Addams, of Berkly, in the said County, Blacksmith, was found guilty of Man-slaughter, for killing of Hester Pride her Maid Servant, and had Judgement of Death according to Law; yet nevertheless reprieved by the said Mr. Justice Bacon, and the Execution staid: And whereas also, the Jury of Life and Death then and there impanneled, conceiving the said Susan Adams might have had the Benefit of Clergy as Men in the like Case have, did find her guilty of the said Man-slaughter, which otherwise they would not have done, as by a Certificate under the Hands of the said Jury hereunto annexed may appear: We, whose Names are hereunder subscribed, Justices of the Peace within the said County of Sussex, being credibly informed that the said Susan Addams to be a Woman of honest Life and Conversation, zealous and religious, and never detected or suspected of any Crime; and for that it doth manifestly appear that the said Blow or Stroke given by her upon her said Maid Servant was with a small Stick, by Way of Correction, without any Shew of Malice:
"We humbly desire your Honours to grant to the said Susan Addams His Majesty's most Gracious Pardon, under the Great Seal of England, whereby the may be acquitted and pardoned of and from the said Judgement, and of and from all Pains of Punishment by reason of the same. All which we leave to your Honourable Considerations; resting
"Your humble Suppliants,
and of the Jury.
"To all those whom these Presents may concern.
"Whereas, at the Affizes holden at East Grimsteed, the One and Twentieth Day of July last, 1646, before Mr. Justice Bacon and Mr. Serjeant Turner Justices of Affize and Gaol Delivery for the County of Sussex, one Susan Addams, the Wife of John Addams, of Beckley, in the said County, Blacksmith, was indicted of Manslaughter, for the killing of Hester Pryde her Maid Servant:
"We, whose Names are hereunder subscribed, being then and there impanneled in the Jury of Life and Death, to enquire of the said Fact, did find the said Susan Adams guilty of Man-slaughter, not doubting but that she might have the Benefit of Clergy as others in the like Case; or else, the Evidence being not full, and the Blow given to her Servant with a small Stick, by Way of Correction, we had not found her guilty of the said Manslaughter, but freed her from the same: All which we shall be ready to testify, whensoever we shallbe thereunto required; and to the Truth thereof we have hereunto subscribed our Names, this 25th Day of July, 1646.
"William Draper, his Mark.
Tho. Kenard his Mark.
Ordinance to amend the Oath for the Surveyors of Bishops Lands.
"Ordered, by the Lords and Commons assembled in Parliament, That these Words, (videlicet,) ["except the Salary, to be appointed to the said Surveyors by the Trustees named in the said Ordinance, or the major Part of them, for their Travel and Pains in the Execution of the said Service"] be added to the End of the Oath appointed to be taken by the Surveyors of the Bishops Lands by the Ordinance of the Ninth of October last."