Cecil Papers
1640

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Institute of Historical Research

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G. Dyfnallt Owen (editor)

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1971

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307-334

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'Cecil Papers: 1640', Calendar of the Cecil Papers in Hatfield House, Volume 22: 1612-1668 (1971), pp. 307-334. URL: http://www.british-history.ac.uk/report.aspx?compid=112535 Date accessed: 29 July 2014.


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1640

Elizabeth, Countess of Devonshire, (fn. 1) to the Earl of Salisbury.
[1639–40 or after] February 1."Gregorie being to send me some thinges hether, I dessirer (sic) you will be pleased to lett him have thosse thinges that your Lordship receaved from Mr Churchsell to send me by the carrier."—Feb. 1.
Holograph. Seal. (200. 100.)
The King to the Earl of Salisbury.
1639–40, March 17.The great care we have had of this our kingdom and the peace of our subjects hath been of late manifested unto them by the chargeable and warlike preparations we made to withstand the disloyal designs of ill affected persons who endeavoured the disturbance of both. Nor is it at present unknown to our subjects how just reasons we have to continue the same preparations and to be in like readiness as formerly. And therefore with the advice of our Privy Council we authorize and require you to cause six hundred and fifty able and serviceable men for the wars to be levied in that county of Hertford, and to observe in the choice and ordering of them such directions as you shall herewith receive from our Privy Council, which service we expect you cause to be performed with such care and diligence as the importance of the occasion for which these forces are to be levied doth require.—Palace of Westminster, 17 March, 16 Car. 1.
Sign manual. 1 p. (131. 69.)
The Privy Council to the Earl of Salisbury.
1640, March 26.Whereas the necessity of the defence of the realm at this time doth continually require from us a care by all fit means to provide for the strength and advancement of his Majesty's service and army now in raising for the Northern parts and all things incident thereunto, for which purpose there is nothing more necessary than fit provision of horse for the train of artillery and for the carriage of ammunition and other provisions; we have thought fit to require your Lordship that there be provided fifty strong horses and seventeen able carters to take care of them within the limits of your lieutenancy in places where they may be most conveniently had, to be ready at Newcastle on Tyne by 15th June next. The charge of sending the horses and carters to the rendezvous at Newcastle is to be borne by that county, but when they shall arrive there they shall enter into his Majesty's pay of twelve pence per diem for every horse and eight pence per diem for every carter, and shall be continued therein so long as they remain in his Majesty's service, and when they shall be discharged an especial care shall be had and a convenient allowance made for their return home. And, lastly, we require the justices of peace and other officers in their divisions to be aiding and assisting you and your deputy lieutenants in all this service as they are directed by his Majesty's letters of lieutenancy to you under the Great Seal, and as the practice hath been in former times. Whereof they are to take notice upon your imparting these letters unto them.—Whitehall, 26 March, 1640.
Eleven signatures. Seal. 2 pp. (131. 102.)
The Privy Council to the Earl of Salisbury.
1640, March 26.By his Majesty's letters sent herewith you will understand his Majesty's pleasure for levying 650 foot in that county for the necessary defence of the realm; by which your Lordship is referred to us for instructions requisite for that service. We pray you give effectual orders to your deputy lieutenants forthwith to meet and in the first place to distribute the numbers to be raised in the several hundreds of that county, and to take especial care a very good choice be made of the men out of the trained bands, that they be of able bodies and years meet for this employment. Where any freeholder have used to have his arms borne by another man, that other man is to be pressed to serve if he be of able body; and where a freeholder has served with his own arms and is not fit or willing to serve himself, he is to find another able man to serve in his place; and if he cannot procure another, you or your deputy lieutenants are to cause another able man to be pressed to serve. And where any man has used to bear the common arms of the parish, if he be fit and able of body he is to be taken; but if unfit a sufficient man is to be pressed in his stead. Your Lordship is especially to take care that in this liberty given to change men to serve in place of the trained soldiers, there be not any rewards or money taken (which was an abuse too much practised last year in some counties, and now in examination to receive condign punishment). As for the choice of the men the Earl of Northumberland, Lord General of his Majesty's army, will forthwith send into that county commanders to assist in the choice and listing of them. And when they be listed your Lordship is to take effectual order that there be no alteration of any of them without a particular warrant under the hand of your Lordship or two deputy lieutenants. The men to be raised are to meet in companies of one hundred apiece at particular rendezvous in that county most convenient for each hundred men, till they be brought to the general rendezvous of that county to be weekly exercised with false fire or no fire by such inferior officers as the Lord General shall send down to instruct them in their postures and the use of their arms, to which purpose you are to cause the arms of the bands to be lent unto them, which shall be redelivered when they march out of the county. You are likewise to take order there be pressed and sent with the soldiers one drum and drummer to every hundred men, who shall enter his Majesty's pay as soon as the soldiers march out of that county. Besides the said particular rendezvous you are to appoint one general rendezvous on the confines of that shire most convenient for the soldiers' march towards Harwich, to which general rendezvous the soldiers are to be brought the 20th of May and remain there till the last of the same month, to be there exercised and put in order for their march towards Harwich by such officers as shall be sent thither by the Lord General, to whom you are to send present advertisement what place you appoint for the general rendezvous of that county. The soldiers are to be allowed at the charge of the county eight pence per diem for every day they shall be exercised at the particular rendezvous from 20 May till the last of the same. The charge also of conducting the men to the general rendezvous of the county is to be borne by that county. Your Lordship or at least two of your deputy lieutenants are to be at the general rendezvous of the county by May 20, as well to assist in keeping the men in order as to take care for the receiving back from them the arms of the county, and to deliver the men over by indenture to the officers appointed to take charge of them; of which indentures one part is to be signed by your Lordship or two of your deputy lieutenants, and the other by the officers that receive the men, and duplicates of the indentures are to be sent by you, one to this Board and another to the Lord General. As his Majesty is pleased for the ease of that county that all the soldiers shall enter into his pay as soon as they march out of the confines of that shire towards Harwich, so he expects the more readiness and care in raising and keeping them together whiles they shall be there, and that they be sent away well clothed and coated at the charge of the county; all which charges and allowance, as well for coating as for entertainment of the men in their exercising and conducting, his Majesty's pleasure is you do cause to be levied in the county as has been usual heretofore in cases of less importance; and the county is to be repaid upon account thereof made out of his Majesty's Exchequer as in former times upon the like occasion. The justices of peace and other officers are to be aiding and assisting in this service—From Whitehall, 26 March, 1640.
Fourteen signatures. 3 pp. (131. 103.)
The Deputy-Lieutenants of Hertfordshire to the Earl of Salisbury.
1640, April 10.According to your strict commands to all your deputy lieutenants to meet at Hertford on Friday to give a speedy and effectual execution to the services of them required by his Majesty's letters of 17 March and the letters from the Privy Council of 26 March last to you directed, we whose names are subscribed having met at the time and place to that purpose, endeavouring to the utmost of our powers a real and ample accomplishment of those services, we find these difficulties which we conceive our duties faithfully and speedily to advertise you that this so important work receive of our part no avoidable delay. First, upon reflection upon our deputation we find no power given us to raise moneys for the pay, coating and clothing of the soldiers or to deliver them over to such commanders as shall be appointed to receive them out of the county, or to take or levy money to buy the horses or conduct them to Newcastel, or to impress the trained bands to this service if they shall refuse to take press money, which in the present distemper of this country they may be apt to do: and so if we should make a precipitate haste before other countries have settled the work by their example, we may not only trouble the service here, but from it may disaffect other places. We likewise beg your pleasure whether we shall communicate on Monday next at the Sessions these letters to the justices of the peace and other officers of the country commanded to be assistant to this and the like services.—Hertford, 10 April, 1640.
P.S. The whole debate and proceeding of this day and service is confined within ourselves, no clerk or other penman being admitted to any part of it.
Five signatures. Seal, broken. 1 p. (131. 105.)
Grievances in Parliament.
[1640, April 13]."Greivances voted and discussed in the House of Commons concerning matters of religion and those 5 in number.
(1) By the Commissions lately granted in the Convocation house.
(2) By the complaints ariseing from the petitions brought in by the severall countries by the members in the house against innovation in religion.
(3) Complaints of molestation and deprivements of conformable and godly ministers for not yeelding unto matters enjoyed without warrant of law.
(4) The complaints made for publishing of Popish tenents in licensed bookes, sermons and disputations contrary to the doctrine established in the Church of England.
(5) Complaints for restraining of conformable ministers for not preaching in their owne churches.
Secondly, concerning propertie of goods and that in six severall particulars.
(1) By monopolies and restraint of free trades.
(2) Complaints of the Shipp money.
(3) Complaint of the enlargement of fforrests beyond what they have been for some 100 yeeres last past.
(4) Complaints of millitary charge, coats, conduct mony and armes taken from the owners and forcing the country to buy and provide at their charges horses and carts by way of tax.
(5) Complaints of ffrequent imprisonment and vexations for non payment of unwarrantable taxes and not submitting to unlawfull monopolies.
(6) Complaints of the denyall of justice in the Courts of Westm[inster] to the subjects prejudice.
3dly, concerning liberties and privileges of Parliament.
Ffor punishing men out of Parliament for things done in Parliament in manifest breach of the liberties of Parliament.
All which being voted by the house that it hath been fitt that conference should be held with the Lords to desire them to joyne with us in proposeing a way for redressing of these greivances, and that a speciall Committee should be named to prepare these things with due proses for the presenting of them to the Lords, which is, and other things presented to the house but not yet voted, viz:
(1) The suddaine dissolving of Parliament without redressing of grievances as that which belong to all.
(2) The not houlding of Parliament according to Statute.
(3) The pressing of the traine band to goe out of their owne countries.—Undated.
Endorsed: "Greevances in the Parliament, April 13, 1640." 1 p. (General 131/15.)
The Deputy-Lieutenants of Hertfordshire to the Earl of Salisbury.
1640, April 17.Giving reasons for their delay in executing the King's commands by his letter of March 17 last for levying soldiers, etc, in co. Herts, and setting forth their proceedings.— 17 April, 1640.
Copy, but with the following original endorsement which is not printed as below: "This is a true copy of the answer of the Lord of Coleraine, Sir Richard Lucy, Sir John Boteler, Sir Thomas Dacres and Thomas Coningesby, Esq, to the letter of the Earl of Salisbury, Lord Lieutenant of the county of Hertford, dated the 12th of April, 1640, directed to the Deputy Lieutenants of the county of Hertford. Hertford, this May 19, 1640." Signed by all the above except Lord Coleraine. 1½ pp. (131. 106.)
[Printed in full in Cal. S.P. Dom., 1639–40, pp. 44, 45.]
The Earl of Salisbury to the Deputy-Lieutenants of Hertfordshire.
1640, May 1.I have received your letters dated April 28, by which I perceive that having called the trained bands of the hundreds of Cassio and Dacorum, instead of obedience to his Majesty's commands you find an obstinate denial and refusal of them, referring themselves to a scandalous and disobedient petition with which his Majesty is acquainted and much offended. I am therefore by his Majesty's express command to signify his pleasure that you forthwith call the constable before you that delivered you this petition, and by examination find out whence this petition came. It cannot be imagined that this petition was framed by those whom it concerns, but by some factious and indiscreet persons who desire nothing more than to disturb the quietness of the country, and to hinder a due obedience unto his Majesty's commands; and therefore you who, I have reason to believe desire nothing more than the quietness of the country, cannot but be sensible of these disobedient and disorderly courses, which makes me confident that you will not only be very careful in endeavouring to find out the truth and bottom of this that concerns so highly his Majesty's service, but that in the future you will be very careful to prevent the like. And because I find that in most countries the deputy lieutenants do in the first place send out their warrants for the levying of the coat and conduct money and all other charges incident to this service, and not receiving any intimation what you have done in this particular by your letters, I am by his Majesty's express commandment, if it be not already done, [to require that] you presently send your warrants out to that purpose and forthwith give me a speedy account of these his Majesty's commands. Wherein I hope I shall have no just cause but to find by the effects that you will with as much diligence yield obedience to his Majesty's commands as you have done heretofore, which I assure you will be very acceptable to his Majesty.—Salisbury House, 1 May, 1640.
Signed. Seal, broken. 12/3 pp. (131. 107.)
The Earl of Dorset to [the Earl of Salisbury.]
[? 1640] May 14.My wife has done herself and me the right to let me know my obligation to your Lordship's noble assistance in the preservation of my house at Knowle from the rapine of unconscionable men. I should be most ingrate if I returned you not my most humble thanks, with the assurance that whensover it lies in my power, I shall make a better return.— 14 May.
Holograph. Fragment. (197. 126.)
The Deputy-Lieutenants of Hertfordshire to the Earl of Salisbury.
1640, May 17.According to your commands by your letter of the 16th inst. to your deputy lieutenants and those of the Earl of Northumberland, Captain-General of his Majesty's army to you of the 15th inst., and the urgency of the service, we have this day instantly upon receipt of the said letters sent out our warrants for five of the next adjacent companies to [go to] Highgate, and the troop of horse for the county commanded for the present service; the two companies of Hertford and Braughing to appear before us at Hertford tomorrow, next the other 3 companies and the troop of horse on Tuesday next; so as we appoint the 80 horse shall be at Highgate on Wednesday night, and the foot with all possible speed. We think it our duty to advertise your Lordship that the country, especially about St. Albans, having taken notice that a new commission of lieutenancy is issued to your Lordship and Lord Cranborne, if there should be any so perverse and ill affected persons to this great duty as to dispute our authority to command him, it will we think be onim exceptione majus if Lord Cranborne vouchsafe to be present at their muster and march from hence on Tuesday next.—Hertford, Sunday, 17 May, 1640.
Four signatures. Seal. 1 p. (131. 108.)
The Deputy-Lieutenants of Hertfordshire to the Earl of Salisbury.
1640, May 18.Though yesterday we durst not fix any certain day for the rendering of our foot companies to Highgate, since omne agens agit ad modum recipientis, which depended upon others though our own hearts are absolute to obey his Majesty in all things we justly may to the utmost of his commands, yet having this present day listed and passed towards the rendezvous commanded 200 able men out of the hundreds of Hertford and Braughing which are upon their march before the writing of this; we thought it our duty instantly to advertise you that by the grace of God they shall be at Highgate tomorrow by twelve or one of the clock, the horse of this county on Wednesday next, and the rest of the 500 foot as soon as possibly we can.—Hertford, 18 May, 1640.
Four signatures. Seal. 1 p. (131. 109.)
The Earl of Northumberland to the Earl of Salisbury.
1640, May 18.Whereas for the suppressing of the tumultuous disorders lately committed about London, by my letter of the 15th inst, I did require you to cause 500 foot and 80 horse of the trained bands within your lieutenancy to be forthwith armed and brought to Highgate; his Majesty has this day signified unto me his express pleasure not to make use of those men at this time. Wherefore I am to pray you to forbear the execution of my former directions, and to take present order that such of the trained men as are drawn together do forthwith return to their own homes.— Queen Street, 18 May, 1640.
Signed. Seal. 1 p. (131. 110.)
The Deputy-Lieutenants of Hertfordshire to the Earl of Salisbury.
1640, May 19.The letter of the Lord General, together with your letter which came to us the 16th of this May (sic)—we thereupon the same day dispersed our warrants both for the 500 foot and 80 horse; and upon the 17th day we chose out and put into march according to those commands part of the soldiers under Sir John Watts and Captains Watts: and for the service of this day we appointed to set forward the rest of the foot and the horse required, the captains and soldiers making their ready appearance to be disposed to such commands as were directed. We upon the receipt of your Lordship's letter, our now warrant for their discharge, did by our letters to the captains then set forward recall those that were gone [and] likewise thereupon discharge the rest which were in readiness to advance forward this day. For the commands to the second part of your Lordship's last letter, we not yet having received from you any resolution to those doubts, nor in our own understandings any satisfaction to enable us lawfully to execute those commands, we beg leave to present in answer a true copy of our letter to you of the 17th of April last, (fn. 2) which we conceive comprehends all the questions now upon us.—At Hertford, this 19 May, 1640.
Four signatures. Seal. 1 p. (131. 111.)
The Privy Council to the Earl of Salisbury and Viscount Cranborne, Lords-Lieutenant of Hertfordshire.
1640, May 25.By our letters of the 6th inst, we did by his Majesty's command give you directions that the 650 men to be raised in that county should not be brought to the general rendezvous of that shire till June next, but be exercised once every week at their particular rendezvous until that day, and then repair to the general rendezvous of that county and remain there at the charge of that county till the 10th of the same, to be exercised by officers sent thither for that purpose by the Lord General till he should give order for their marching to Harwich. We now by his Majesty's special command require you to give present order that the men be not brought to the general rendezvous of that county till July 1 next, but be kept in readiness without exercising them till the Lord General give order for their marching towards Harwich under the charge of such officers as he shall send thither to receive them. The other parts of our instructions of March 26 last you are to pursue in all particulars.—From Whitehall, 25 May, 1640.
Seven signatures. Seal. 1 p. (131. 112.)
The Privy Council to the Earl of Salisbury and Viscount Cranborne.
1640, May 27.Whereas it imports very much his Majesty's service and the safety and defence of the realm in this time of action to have the trained bands well disciplined and in readiness upon all occasions, we have thought good by these our letters according to our yearly usual manner to require you to cause a general muster and view to be taken this summer, at such time as you think fittest and for the most ease of the country, of all the arms and trained bands both horse and foot within that county. For your proceedings therein we refer you to our former letters which have been so express and exact [that] nothing needs to be added for the present. We pray your Lordships to take effectual order that a perfect and exact muster roll be returned by you to this Board before the end of November next, with a certificate of the names of all such as make default in not appearing or in showing insufficient or unserviceable arms.—From Whitehall, 27 May, 1640.
Eleven signatures. Seal. 1 p. (131. 113.)
The Privy Council to the Earl of Salisbury and Viscount Cranborne.
1640, May 27.The 50 horse and 17 carters to be provided in co. Herts. for the train of artillery and carriage of ammunition, which by their letters of March 26 last were to be at Newcastleon-Tyne by June 13 next, by his Majesty's special command are not to be brought to the said rendezvous till July 15 next. All other particulars in their said letter are to be punctually observed. —From Whitehall, 27 May, 1640.
Ten signatures. Seal. 1 p. (131. 114.)
Petition of his Subjects of Scotland to the King.
[1640, June 6].That he would appoint English commissioners well affected to the true religion and the common peace to hear their humble desires and make known to them his Majesty's pleasure.
The King's answer to the above. Requiring the publishing of his proclamation assuring the Scots of the free enjoyment of their religion and laws; which done, he will graciously hear any supplication from his subjects.
Contemporary copy. 1 p. (131. 157.)
[Printed in Rushworth's Collections, III, 938. For another copy amongst the House of Lords Papers, see Hist. MSS. Commission, Report IV, App. p. 27.]
The King to the Earl of Salisbury and Viscount Cranborne.
1640, June 15.We by our former letters commanded that six hundred and fifty able men should be levied in co. Herts. for our present expedition in the North, which service we required you to perform according to instructions from our Privy Council. As we understand the men are not yet raised and that the year is so far spent as if there be any further delay in that business our service will much suffer, our will and command is that you forthwith repair in your own person into that county and by yourself and deputy lieutenants put in present execution with effect our said commands, so as the 650 men fail not all of them to be forthwith ready. You are also to take special care that convenient coat and conduct money be forthwith levied in that county for the said men, and fifty horse for the service of the train of artillery according to our Council's former letters. And therefore our further pleasure is that as soon as the said men be levied, you take order to billet them in such convenient places in that county as you think fit for the better performance of the service, and continue them to be exercised and made expert in their arms by such officers as shall be sent by the General of our army to take charge of them, until you have raised coat and conduct money sufficient for them by this or any other way which you shall find fit; whereby they may be fit to march out of that county towards our army, according to such directions as you shall receive from the General.—Palace of Westminster, 15 June, 16 Car. 1.
Sign manual. 1 p. (131. 115.)
Lord Clifford to [ ].
[1640 or before] June 28."My Lord of Corke upon the sealinge up the letters, upon my earnest perswasions to facillitate his busines the better in takinge the bill in the Starchamber of the file, hathe given me power to tell you that 60001 shall be redely payed when his Maty shall require it. I have toulde him longe that noethinge would be dun without it, and he woulde not have any livinge knowe of this but youre selfe, whome he trusteth to offer it; and the truthe is I woulde have had him made it up ten, but his hardeness spoyles all. For his cumminge over himselfe, it will doe rather hurte than good for sum reasons I will give you within a daye or two. Beleeve me, the Deputy is right, and beleeve noethinge concerning this busines but what you heare from your servant, H. Clifforde. (fn. 3) "—Dublin this 28 of June.
P.S. "For God sake let noe eye looke upon this letter but your owne, neither take notice of any I shall sende you in my Ld. Deps. packet by Raylton for I write with hazard because freelye."
Holograph. 1 p. (200. 124d.)
The Earl of Pembroke to the Earl of Salisbury.
1640, June 29."I adventure to present you with this petition moveinge from Sir Thomas Danby against Sir John Dalton, one of his Mats Gent. Pentioners, which I for my part conceive to be reasonable." Hopes that Salisbury will share his opinion and agree to it.—Whitehall, 29 June, 1640.
Signed. Addressed to: "The right Honble my very good Lord, William, Earle of Salisbury, Captne of his Mats Band of Pentioners." ¾ p. (200. 15.)
The Privy Council to the Earl of Salisbury.
1640, June 30.We understand your Lordship in co. Hertford has levied 650 soldiers and delivered them over to such commanders as the Lord General of his Majesty's army has appointed to receive them, and that it is convenient for the service that those men should for some time be quartered in that county until the rest of the men be drawn together and ready to march to some fit rendezvous. As we cannot but take notice of sundry outrages that the soldiers have of late committed and what inconveniences and losses several places have heretofore suffered by the disorders of soldiers, we have thought fit as the most likely course for preservation of the country from the usual inconveniences that happen where soldiers are quartered, to pray you to take effectual order that some of the ablest petty constables or some other fit persons known to the soldiers of the several divisions of the county which you shall think fit, may be sent to the several places where the soldiers shall be lodged to remain with them and to take notice of such soldiers or officers as shall misdemean themselves and of their misdemeanours, to make complaint unto some of the justices of the peace of that county; who are required to examine such complaints brought unto them, and by imprisonment or otherwise to punish such soldiers as shall misbehave themselves according to the quality of their offences. And we hold it expedient for the service and for the keeping good orders among the soldiers that they be quartered in several towns by companies as near together as may be, both for the ease of the country and for the convenience of the officers to exercise them.—From Whitehall, 30 June, 1640.
Eight signatures. 1 p. (131. 116.)
The King to the Earl of Salisbury.
1640, July 8.Whereas we are informed that the soldiers lately pressed in that county for our special service in this expedition to the Northern parts, have behaved themselves in a refractory and disobedient way refusing to go to the places where they are billeted; we taking into consideration of what evil consequence this may prove, and being resolved to have the same redressed for the future, authorize and command you by yourself or by your deputy lieutenants to raise such number of the trained bands in that county as you shall think fit to suppress any mutinies that may arise, and to force them to obedience in all points according to our royal intention. Given under our Signet at our Palace of Westminster, the eighth day of July in the sixteenth year of our reign.
Sign manual. Signet. 2/3 p. (131. 117.)
The King to the Earl of Salisbury and Viscount Cranborne.
1640, August 19.Informing them of the rebellion in Scotland, which with the indisposition of the Earl of Northumberland, Lord General, necessitates his repair in person to the Northern parts; and directing them to have in readiness the trained bands with such further horse and foot as they can possibly raise in co. Herts. —Palace of Westminster, 19 August, 1640.
Holograph by Secretary Windebank, with Sign manual. Signet. 2 pp. (131. 118.)
[Printed in Cal. S.P. Dom., 1639–40, p. 603, from the draft and other copies.]
The Earl of Strafford to the Earl of Salisbury.
1640, August 21.Whereas his Majesty has signified unto me that his pleasure is not to make use of the six hundred and fifty men levied within your lieutenancy and [that] now remain billeted in several places of the county; forasmuch as it is held necessary for his Majesty's service and the good of the country that your Lordships (fn. 4) or your deputy lieutenants do take care that these men be orderly disbanded, these are to acquaint you that for the disbanding of these men I have appointed the commanders and officers upon Monday next the 24th inst. to attend at such place as you or your deputy lieutenants shall appoint for dispatch of the service. But before these men are disbanded your deputy lieutenants are to take a muster of them, and of their numbers to make me a certificate under their hands. Care also is to be taken by your deputy lieutenants that the soldiers be conducted home to the several parishes from whence they were pressed, by the constables of each parish or other conductors by them to be appointed, that no offence or injury be done to the inhabitants as they pass. And whereas by directions from his Majesty and the Board coat and conduct money for these men was to be levied within your lieutenancy, his Majesty has directed me to let you know that if the same be received and not expended for those uses you are to see that it be restored, and if part thereof be expended you are to make restitution proportionably. And in case you have bought coats with part of the money and have not delivered them out to the soldiers, care is to be taken that the coats be preserved till his Majesty's further service shall require them.—Leicester House, 21 August, 1640.
Signed. 13/8 pp. (131. 119.)
The Earl of Dorset to [the Earl of Salisbury].
1640, August 21.Before Mr Blunt from your Lordship assured me you had received no return of your letter to me, I was confident that mine (which immediately after I sent to your Lordship) was safely come to your hands. I hope by this time it is. In these licentious times there are no common rules of honesty, and shameful rapes made even of letters between men and their wives, fathers and children, friends and friends. No traffic nor intercourse is safe, nor any man or woman secure whom malice, rape and fury subject to the unlimited actions of some too potent men to do evil. The world groans under the burden of the miseries it has suffered and everybody wishes it an end (though themselves determine with it), for to breathe under such an arbitrary government even on both sides, as we miserable subjects do, is to languish not live, and an honourable death ends all misery and is the known worst can happen. My Lord, there are more witnesses than myself how careful and solicitous I am to serve you here, and truly, my Lord, your language and behaviour since your departure have been from those parts represented with no disadvantage, nor do I perceive his Majesty otherwise incensed with your retirement than as it might by the example prove prejudicial to his service. And I do assure you the King is confident you will not be against him nor in person or purse contribute aught to his destruction. Self-preservation is to be allowed to all the world and so much your Lordship must pay unto yourself, but let no passion or evil counsel transport you beyond it, nor be not an actor or admirer in extreme courses that will set all on fire and burn the authors in their own flames first or last, be they whom they will, either on one side or other. For no doubt there are too many hot-headed people both here and at London that advise and persuade desperate ways. God reward everyone according to his works. The day of doom in my opinion approaches, and if the wisdom and temper of some above mediate not an accommodation speedily, one day of battle will decide under what power or person we must all hereafter breathe. I speak this with a heavy heart for neither my nature, condition, fortune or age affect alterations or business of so dangerous consequence. None but the desperate every way can hope for amelioration by the ruin of so many and so universal a change both in government and families as a victory must make, on which side soever it happens. The King prepares to try whether he can recover or must perish, and, my Lord, I believe he will be very speedily from all parts so enabled as it will be a hard day's work to destroy him, and a task of a more difficult nature to preserve a king and kill King Charles. It must be decided by a stronger pen than those made of goose's quill.
I would the Lords, for the honour of the Upper House, had not given way to the Commons, to open the King's own letters sealed with his own seal and superscribed with his own royal hand to his agent in Holland. It is a crime without a precedent and never to be pardoned the actor. I am sure this is far from an evidence of loyalty and duty which is in their mouths frequently. It was a bold act and no advantage to the cause. They will find it, doubt not, very speedily. If there is any human hope left bring what water you can yet to the quenching this conflagration, whence we shall all run extreme hazard to be consumed. Posterity will have cause to curse the memory of so just things denied. There is a God in heaven and therefore the best cause must prosper, and yet what must be must be. I will say no more: the Rubicon is past.—Yorke, this 4th August, 1640.
P.S. I humbly thank you for the warrant.
Holograph. 12 pp. (197. 127.)
[The Earl of Salisbury and Viscount Cranborne] to [? the Commander of the co. Herts. troop of Horse].
1640, August 27.The Scots are come into this kingdom, and we have received his Majesty's commands to have the foot and horse of this county in readiness to march upon knowledge of his pleasure. To prepare the country for such service, we have thought fit to appoint the musters for the horse troops on Tuesday, Sept. 8, at Hertford, where for that and other respects your presence will be very necessary. Yet if your indisposition of body be such that you can not without notable prejudice to your health give your personal attendance, we desire you forthwith to give notice to your officers to give their attendance at the time and place aforesaid, and hereby authorize you to nominate and appoint a sufficient person to undertake your place and command, not only in the present occurrent of the musters, but in all other exigents which the disorder of these times are likely to produce.— Hatfield, 27 August, 1640.
Unsigned. 1 p. (131. 120.)
The King to the Earl of Salisbury, Captain of the Band of Gentlemen Pensioners.
1640, August 31.To put in order the band of Gentlemen Pensioners with their servants and full number of horses for defence of the Queen, the royal children, the kingdon and city of London.—31 August, 1640.
Sign manual. 1 p. (131. 121.)
[Printed in Cal. S.P. Dom., 1639–40, pp. 651, 652 from the draft in Windebank's hand.]
Musters at Hertford.
1640, September 8.
Doctor Newman, Rector of Datchworth.New horse, new pistols back and breast to be showed before my Lord Salisbury on Saturday next.
Doctor Gossidge of Walkerne.
Perient Docwra, esq.To show horse and arms before my Lord within a week.
Jo. Hamond.New horse, longer bit, new pistols to be showed before your Lordship on Tuesday next.
Tho. Ansell, esq.New horse, pistols back and breast to appear on Tuesday next before your Lordship.
½ p. (131. 122.)
Sir Francis Fulford to John Fussell.
1640, September 12.The gentleman you mention in your letter is my uncle's father and lives at Martinstowne 2 miles off Dorchester, who I do now well remember upon your letters did sometimes live in Brownsey Island, but what estate he had therein I do not know. I hear he is a very old man, near a hundred years of age, and not able to ride to Poole, nor, I believe, able to write me an answer if I should send unto him, and my occasions are such by reason of my employments at this instant as I can by no means go unto him, which I would willingly do had I time for it. My advice to you is either to go yourself or to send your man unto him to discourse to him about it and to bring you answer, that so (if he can say anything material in the business) you may think of some course to examine him where he is. If your man use my name unto him I am confident he will discover the utmost of his knowledge in this business, and if it be to any purpose you may then make use of it as you shall think fit.— Whitechurch, 12 September, 1640.
Holograph. Seal. Addressed: "To my very good friend Mr John Fussell at his house in Blandford deliver these wt all speed." (197. 122.)
The Privy Council to the Earl of Salisbury and Viscount Cranborne, or in their absence to the DeputyLieutenants of Hertfordshire.
1640, September 16.As to the delays and difficulties in putting in readiness the trained bands and other forces of the county to march and serve in the common defence; showing it is required by the laws of the kingdom and of nature, and setting forth the forwardness of those in the Northern parts.—Whitehall, 16 September, 1640.
Annotated by the several Deputy-Lieutenants as received and sent on by each in turn.
Seven signatures. Council Seal. 2½ pp. (131. 123.)
[Printed in Rushworth's Collections, III, p. 1269, from the copy sent to the Lord Lieutenant of Dorset. See also Cal. S.P. Dom., 1640–41, p. 67.]
The Same to the Same.
1640, September 16.To have in readiness a sufficient number of pioneers and carts with men and horses; and spades, shovels, pickaxes, etc, for making defensive works; to store the county magazine with powder, shot and match, and make ready the beacons, and return a particular account of their proceedings to the Board or his Majesty's Captain-General.—Whitehall, 16 September, 1640.
Annotated as above.
Eleven signatures. Seal. 2½ pp. (131. 125.)
[Printed in Rushworth's Collections, III, p. 1268. See also Cal. S.P. Dom., 1640–41, p. 67.]
Wardship of Robert Gerrard.
1640, September 26.Agreement made on behalf of William, Earl of Salisbury, with John Walton, on behalf of Katherine Gerrard, of Samford Orcas, co. Somerset, with respect to the wardship of Robert Gerrard.—26 September, 1640.
1 p. (P. 2449.)
The Deputy-Lieutenants of co. Herts to the Earl of Salisbury and Viscount Cranborne.
1640, September 28.We have this day assembled here at Hertford with divers of the justices of the peace and the several high constables of this county, and having taken due consideration of both the letters directed to your Lordships from the Privy Council dated the 16th instant, have imparted unto the justices and constables and other able persons of the country here assembled both the said letters, which we find well received by them, and they promise to acquaint the inhabitants within their several divisions therewith; and we doubt not of a dutiful obedience and conformity thereunto. We have also before this time made out warrants for raising money for supply of the magazine with powder, match and bullet, and have now made out immediate warrants for the provision of pioneers with all needful instruments, and for carts, carters and other things as by the said letters are commanded in such proportions as were used in like cases in former times; whereof we expect a due account at the next sessions to be holden for this county on Monday next, whereupon we shall give you a perfect account. And we think it our duties to put you in mind that the trained bands of this county have been already mustered, trained and made ready in your Lordships' presence according to his Majesty's commands and the letters of the Earl Marshal, wherof we pray you to give an account as of an act of your own done with our assistance. What other forces of this county we should make ready in this time of apparent danger, besides the said trained bands, pioneers, carts and carters formerly mentioned, we do not understand.—Hertford, 28 September, 1640.
Four signatures. Seal, broken. 1 p. (131. 127.)
The Scottish Lords to the English Peers convened at York.
[1640] September 29.We have received a letter from your Lordships showing that it is not agreeable with the custom nor usage of the kingdom that subjects should join with his Majesty in granting of safe conducts and safeguards. Our desire was not for any distrust of his Majesty or diminution of his honour, which shall ever be more tender and dear to us than our lives and fortunes. What his Majesty and your Lordships have done in this we are very well satisfied therewith, and shall ever study not only to be what we profess, but also to give real proofs thereof at all the occasions shall be offered.—Newcastle, September 29.
Signed: Mareschal, Rothes, Cassilis, Kelly, Lothian, Dalhouse, J. Erskine and 15 others. Copy in the Earl of Salisbury's hand.
Endorsed: "Sept. 29, 1640." 1 p. (131. 128.)
Accounts.
1640, September 29 to 1641, ditto.Inter alia:
P. 19Paid for a levey for the visitted at St. Martins.2120
Paid for a new made leavey towards to collecting up of 7231 which ye parishe of St Martines was left in an arreare in ye last great sicknes.6100
P. 33The charges of my Lords 2 sonnes at Westmunster:
Paid to Doctor Whincope for a greater Lexicon which he bought for Mr Alg[ernon].1020
Paid to goe by water and sedans in the Christmas tyme to and from Salisb[ury House].0146
Paid to Mr Vincent his bill for schooleing and other occasions with Mr Algernoones admittance to be ye Kings scholler.3159
P. 35Paid to a nursse keeper att Westmynster for diatinge, washeing, houseing, fier and candle, and day and night attendance one [on] Mr William Cicill 3 weeks when he gott ye smalepoxe.7100
36 pp.(Box J/5.)
Treaty of Ripon.
1640, October 1.Instructions for the English Lords deputed from the Great Council at York to treat with the Commissioners of Scotland at Ripon.—1 October, 1640.
2¾ pp. (131. 129.)
[Printed in Rushworth's Collections, III, p. 1283.]
Treaty with the Scots.
1640, October 2.Propositions set down by the Scottish Commissioners as an introduction to the Treaty. Five propositions. —Ripon, 2 October, 1640.
Copied and certified by Mo. Eleis, Clerk to the Scottish Commissioners. 1 p. (131. 131.)
[Printed in Rushworth's Collections, III, p. 1287.]
Treaty with the Scots.
1640, October 8.Answer of the Scottish Commissioners to the English Lords Commissioners on the King's proposal to transfer the treaty from Ripon to York.—At Ripon, 8 October, 1640.
1⅓ pp. (131. 132.)
[Printed in Rushworth's Collections, III, p. 1292–3. See also Cal. S.P. Dom., 1640–41, p. 148.]
Accounts.
1640, October 9 to 1641, June 23.Accounts relating to (1) Old and new wheat sent to Hatfield; (2) seed wheat sowed at Quickswood; (3) coarse wheat fed to young turkeys; (4) sale of malt; (5) barley used to make malt, and to feed pigs, poultry and hounds; (6) pigs and poultry sent to London; (7) oats for horses, hounds and pigeons; (8) peas sowed at Quickswood, etc.
3½ pp. (200. 176.)
The [English Lords Commissioners] to the [Scottish Commissioners].
1640, October 10.The King has commanded them to repair to York to advise him on the Scots' proposition for maintenance of their army during the treaty and to expedite an answer thereto. His Majesty is personally answerable for their safety. If they mislike the removal to York the English Lords Commissioners are to remain at Ripon with them.—10 October, 1640.
1 p. (131. 133.)
[Printed in Cal. S.P. Dom., 1640–41, p. 156.]
(11) The Scottish Commissioners' answer to the above.
They are glad that his Majesty has at last taken into consideration the maintenance of their army. Are instructed by the Commissioners of the [Scottish] Parliament not to transfer the conference to York.—10 October, 1640.
1 p. (131. 133.)
[Printed in Cal. S.P. Dom., 1640–41, p. 159 under date 11 October, 1640.]
[Both the above are in the Earl of Salisbury's hand.]
Treaty at Ripon.
[1640, October 13]."Remembrances for my Lords the Commissioners to put them in mind of such things as have fallen into debate about the demands of the Scots for maintenance of their army during the Treaty."—Undated.
1½ pp. (131. 155.)
[Printed in Rushworth's Collections, III, p. 1297. See also Cal. S.P. Dom., 1640–41, pp. 166, 167.]
Additional Instructions for the English Lords Commissioners treating with the Scots.
1640, October 15."C.R. Additional Instructions for my Commissioners that treat with my Scots subjects."
(1) Concerning the first article of their demands, I refer you to my former instructions. Only I send you herewith the Index of the Acts, and those crossed with my own hand which I think not fit to grant.
(2) The second, being contained in the Acts, I refer you as formerly.
(3) To the third, having such a particular reference to the Crown of England (though in my former I have expressed my sense therein), I leave you to do in it as you shall judge best for my service at this time, trusting in your known integrities and judgments.
(4) For the fourth, I will have you declare in my name that I keep no incendiaries to my servants: therefore I judge the article to be formed out of spleen not truth. Yet as I mean always to protect all my servants from all sorts of injuries, yet that shall not hinder my justice. Wherefore when I shall see any informer capable and liable to such punishment as he shall deserve in case he fail to prove his accusation, and that he who is accused shall have a fair, equal and lawful trial: in that case I shall not hinder the course of justice, let it light where it will. In the meantime no slanderous report or accusation whatsoever shall anyway shake the good opinion I have of my servants.
(5) The fifth I refer you as formerly. Only I shall commend to your care those that have suffered for me in Scotland; and to that end have commanded the Earl of [blank] to give you particulars.
(6) The sixth I leave to you to do as you shall see cause for the reasons formerly expressed.
(7) The seventh; sublata causa tollitur effectus.
(8) The eighth I do recommend to your care as of great consequence for the Kingdom, and therefore the fitter to be trusted unto you as being so much the better expression of the confidence I have in your judgments and fidelities.—York, 15 October, 1640.
Copy. 1⅓ pp. (131. 134.)
The English Lords Commissioners to the Scottish Commissioners.
1640, October 16.As to the 8501 per diem for maintenance of their army, coals and forage, opening of the ports, etc.
Endorsed: "Copie of the paper delivered to the Scottish Commissioners 16 October, 1640, being a replie to their demaund touching the maintenance of their army." 1 p. (131. 135.)
[Printed in Rushworth's Collections, III, p. 1298, though this copy ends at "settled in all particulars". See also Cal. S.P. Dom., 1640–41, p. 173.]
Treaty with the Scots.
1640, October 16."Articles for the Cessation of arms agreed on the 16th of October, 1640, betwixt the English and Scottish Commissioners at Ripon."
Endorsed: "Articles for the Cessation of arms bearing date the 16th of October, but delivered in the 22 of October." In the Earl of Salisbury's hand including endorsement. 3 pp. (131. 140.)
Printed in Rushworth's Collections, III, p. 1295, with only verbal differences except Articles 12 and 13, which in this copy are as follows:
12. That certain bounds be fixed to both the armies over which they shall not pass in any hostile manner, and that those bounds be set down with certain cautions for keeping the limits prescribed.
13. As for the securing the sum of 8501 per diem above specified, there is a committee appointed by the Great Council of the Peers who have power to treat with Northumberland, the Bishopric of Durham, Newcastle, and if need require with other adjacent counties, that there may be a real performance of what is agreed on by us.
The Scottish Commissioners to the English Lords Commissioners.
1640, October 19.Express their dissatisfaction at not having yet received security for the provision for maintenance of their army, etc.—Ripon, 19 October, 1640.
1 p. (131. 136.)
[Printed in Rushworth's Collections, III, p. 1296. See also Cal. S.P. Dom., 1640–41, pp. 180, 181.]
The English Lords Commissioners to the King.
1640, October 21.For the removal of the treaty with the Scots to London and for the opening of the ports.
Copy or draft in the Earl of Salisbury's hand. Endorsed: "Ripon, 21 October, 1640, from the Lords Commissioners to his Majesty." 2 pp. (131. 138.)
[Printed in Rushworth's Collections, III, p. 1303. See also Cal. S.P. Dom., 1640–41, pp. 187, 188.]
(11) Lord Keeper Finch to the English Lords Commissioners, in answer to the above.
1640, October 21.To conclude a cessation of arms with the Scots, upon which the ports shall be opened. The Scots to deliver their demands clearly, then the King will consider the adjourning the treaty to London.—York, 21 October, 1640.
Copy or draft in the Earl of Salisbury's hand. 1 p. (131. 137.)
[Printed in Rushworth's Collections, III, p. 1304.]
The English Lords Commissioners at Ripon to Lord Keeper Finch.
1640, October 22.We conceive that both our letter and the paper of the Scots have not been rightly understood, for in our letter we signified that the Scots Commissioners were not fully and finally satisfied with the security which we have been yet able to perform (sic) unto them of 8501 per diem. [But] finding they were clearly dealt withal and that all possible endeavours were used for their satisfaction in this point, they thought it fit to represent the true estate of the business to them at Newcastle, and in the interim, although their instructions be not to enter into the main treaty until the competency for the maintenance of the army be fully secured, yet for the gaining of time they were contented to enter upon the debate of their demands and so to prepare them, as they may be in a readiness for a conclusion when they shall receive powers. And your Lordship will find the Scottish paper of 20th October to speak to the same tenor, so that his Majesty cannot expect any resolution in the point of the main treaty until the return of the Scottish powers which they have sent for. In the meantime we go preparing all things for the expediting and facilitating of the treaty as we conceive may most conduce to his Majesty's service, as hitherto we have in all things done. And we are all of an unanimous opinion that nothing will so solidly settle and bring the main treaty to a perfect and happy conclusion as that the treaty be transferred to London, that we may be near to his Majesty's direction; and we conceive that the unnecessary keeping of the treaty at first from York which was by his Majesty and the Peers assented unto and hindered upon other reasons, has wholly retarded and put his Majesty's affairs and the treaty into this disorder that it now stands. And we are likewise all of opinion that the continuance of these counsels may bring the business into a more irrecoverable condition, the evil consequence whereof we all with one consent do wish may rather fall upon the advisers than upon his Majesty or ourselves. We had also reason to have hoped that his Majesty would have willingly agreed to our humble advice, since from the hands of Mr Se[cretary] Vane these words have been delivered in a letter to the Earl of Essex to be reported unto us from his Majesty, that he does not intend to hold the Lords longer in this treaty at Ripon than they shall advise to be for his service, the safety of the kingdom and their own content. We do therefore still pursue our former advice, that so we may have a convenient time for our repair to the Parliament, that there the whole kingdom may receive an account of our endeavours both in what condition we found things at our coming to York and how we left them at our parting from Ripon. God have your Lordship in his keeping.—Undated.
Draft or copy in the Earl of Salisbury's hand and endorsed by him. Endorsed: "An answer to My Lo. Keepers letter of the 21 of Oct. from the Lords the Commissioners the 22 of the same from York." 2 pp. (131. 139.)
[Printed in Cal. S.P. Dom., 1640–41, p. 189, where however only half the document is printed though that copy is complete; and in Treaty of Ripon, ed Camden Soc. O.S., Vol. C, app. no. VII.]
Lord Keeper Finch to the English Lords Commissioners treating with the Scots.
1640, October 23.Upon his Majesty's receipt of your Lordships' letters by Sir Peter Killigrew, I had present command to wait on him and have received the powers and directions for the adjourning of the treaty from Ripon to London signed with his Majesty's hand, which I send you herewith. His Majesty leaves the circumstances to your wisdoms, only he recommends two things to your care; one the cessation of arms, and the other the procuring [from] the Scottish Commissioners as full and clear a setting forth of their demands as you can possibly. This his Majesty commanded me to signify unto your Lordships.—York, this 23 of October, 1640.
Copy entirely in the Earl of Salisbury's hand. Endorsed: "A letter from the Lord Keeper to the Commissioners at Ripon about the adjourning of the treaty to London." 2/3p. (131. 141.)
The King to the Great Council at York.
1640, October 23.In accordance with their unanimous advice to transfer the treaty with the Scots from Ripon to London, authorizes them to settle all particulars of the said removal.— York, 23 October, 1640.
Copy. Endorsed by the Earl of Salisbury: "His Majesty's letter about adjourning of the treaty to London, ye 23 of Oct. 1640." 2/3 p. (131. 142.)
[Printed in Rushworth's Collections, III, p. 1305.]
Treaty with the Scots.
1640, October 27."The reasons of the Lords Commissioners for giving of their advice to his Majesty for the confirmation of the Treaty of Ripon the 27th day of October, 1640."
Copy. 7½ pp. (131. 143.)
[Printed in Rushworth's Collections, III, pp. 1307–10.]
The Irish Remonstrance.
[1640, November 7]."The humble and just Remonstrance of the Knights, Citizens and Burgesses in [the Irish] Parliament."
4 pp. (131. 195.)
[Printed in Journals of the Irish House of Commons, I, p. 162, under date 7 November, 1640. The Lord Deputy's Answer to this Remonstrance is printed in Cal. S.P. Ireland, 1633–47, pp. 252–6.]
The English Lords Commissioners to the Scottish Commissioners.
1640, November 23.We are commanded by his Majesty to propound unto you, whether all your demands are contained in your letter to the Lord [blank] bearing date the 8 of September, 1640.
And whereas you seem to have reference to your printed papers, we are commanded by his Majesty to desire that if there be anything more contained in them than is specified in the said letter, that they may be particularly set down in writing to the end the whole subject of your demands may be laid before his Majesty. —23 November, 1640.
½ p. (131. 147.)
Treaty with the Scots.
1640, November 23."Declaration and Proposition of the Scotch Commissioners concerning their demands, 23 Nov. 1640."
We do in all loyalty as becomes humble and dutiful subjects acknowledge our dependency upon his Majesty as our dread Sovereign, whether his Majesty live in Scotland or England, and shall always and in all things witness our high respects and best affections to the kingdom and Parliament of England, according to the strong bands of nature and religion by which the two kingdoms are joined under one head and monarch. Yet as we are fully assured that the kingdom and Parliament of England is for the present far from any thought of usurpation over the kingdom and Parliament of Scotland or their laws and liberties, so for preventing the misunderstanding of posterity and of strangers, and for satisfying the scruples of others not acquainted with the nature of this treaty and the manner of our proceeding, which may arise upon our coming into England and our treating in time of Parliament, we do by these declare and make known that neither by our treaty with the English nor by seeking our peace to be established in Parliament, nor any other action of ours, do we acknowledge any dependency upon them or make them judges to us or our laws or anything that may import the smallest prejudice to our liberties, but that we come in a free and brotherly way by our informations to remove all doubts that may arise concerning the proceedings of our Parliament, and to join our endeavours in what may conduce for the peace and good of both kingdoms, no otherwise than if by the occasion of the King's residence in Scotland commissioners in the like exigence should be sent thither from England. Ad. Blair.
This our necessary Declaration premitted, our demand concerning the Acts of the Parliament is the same with that which was expressed in the conclusion of the late Parliament, and in our letters to the Earl of [blank]; That his Majesty would be graciously pleased to command that the late Acts of Parliament may be published in his Highness's name as our Sovereign Lord with consent of the Estates of Parliament convened by his Majesty's authority.
Copy. 1 p. (131. 148.)
Treaty with the Scots.
1640, November 26."Paper of the Scotch Commissioners given in the 26 Nov. 1640 for justifying their 30th Act of Parliament, and refusal of an Act of Oblivion, etc."
To that which is objected against the Act anent bands and meetings, we answer that in our proceedings we had before our eyes the laws of the kingdom, and particularly these laudable Acts against unlawful leagues and bands; and that the last Parliament was far from any intention to destroy or repeal any such Acts. But because by our adversaries aspersions were put upon our proceedings and actions, that they were seditious and savoured of rebellion, to which purpose these Acts were wrested and misapplied against us, the late Parliament convened by his Majesty's authority did wisely take the matter which is so important to their consideration, and did by their Act declare that the meetings, proceedings and actions of the kingdom which was so necessary for the preservation of religion, of the King's honour and of the laws and liberty of the kingdom, could not fall within the compass of these Acts; but on the contrary was justified and allowed by them, being soundly interpreted and applied according to their right meaning. And therefore as we conceive that the said Acts of Parliament may very well agree with an Act of pacification and preparation unto it, so shall we be also willing to an Act of Pacification, which will follow in order in the last of our demands, as we are unable to do anything against the Act of Parliament which was found so just and necessary.— Ad. Blair, 26 November, 1640.
Copy. 1 p. (131. 149.)
[The English Lords Commissioners] to the [Scottish Commissioners].
1640, November 28.His Majesty has commanded us to signify unto you that he is graciously pleased (although many things might well admit of debate in this your demand, yet out of his desire to have satisfaction given unto his subjects of Scotland and to have all misunderstanding removed betwixt him and his people for the good and peace of both kingdoms), to grant the first demand concerning the Acts of Parliament: his Majesty no ways doubting but as he in the matter has graciously come unto your desires, so in the manner of publishing you will take it into your cares that it may be so done as may not be derogatory to his prerogative or dignity royal.—28 November, 1640.
Copy. Endorsed: "Paper of his Majesty's ratifying the Scotch Acts of Parliament." ¾ p. (131. 150.)
A Speech in Parliament [by Sir Benjamin Rudyard].
[1640, November].Mr Speaker. We are here assembled to do God's business and the King's, in which our own is included, as we are Christians, as we are subjects. Let us fear God, then shall we honour the King the more, for I am afraid we have been the less prosperous in Parliament because we have preferred other matters before Him. Let religion be our primum querite, for all things else are but dross to it, yet may we have them too, sooner and surer, if we give God His precedence.
We all know what disturbance has been brought upon the church for vain petty trifles, how the whole church, the whole kingdom, has been troubled where to place a metaphor, an altar. We have seen ministers, their wives and children, undone against law, against conscience, against all bowels of compassion, about not dancing on Sundays. What do this sort of men think will become of themselves when the Master of the house shall come and find them thus beating their fellow servants ? These inventions were but sins made on purpose to winnow the best men, and that's the devil's occupation.
They have a mind to worry preaching, for I never yet heard of any but diligent preachers that were vexed with these and the like devices. They despise prophecy, and as one said they would fain be at some thing that were like the mass, that will not bite, a muzzled religion. They would evaporate and dispirit the power and vigour of religion by drawing it out into solemn specious formalities, into absolute antiquated ceremonies, newly furbished up. And this, belike, is the good work in hand which Dr Hyling so often has celebrated in his bold pamphlets; all these acts and actions are so full of mixtures, involutions and complications as nothing is clear, nothing sincere in any of their proceedings. Let them not say that these are the perverse, suspicious, malicious interpretations of some few factious spirits amongst us when a Romanist has bragged and congratulated in print that the face of our church begins to alter, the language of our religion begins to change, and Sancta Clara has published that if a Synod were held non intermixtis Puritanis, setting Puritans aside, our Articles and their religion would soon be agreed. They have brought it to pass that under the name of Puritans all our religion is branded, and under a few hard words against Jesuits all Popery is countenanced. Whosoever squares his actions by any rule either divine or human is a Puritan; whosoever would be governed by the King's laws, he is a Puritan; he that will not do whatsoever other men will him [to] do, he is a Puritan. Their great work, their masterpiece now, is to make all those of the religion the suspected party of the kingdom. Let us further reflect upon the ill effects these courses have wrought, what by a defection from us on the [one] side, a separation on the other; some imagining whither we are tending have made haste to turn or declare themselves Papists beforehand, thereby hoping to render themselves the more gracious, the more acceptable. A great multitude of the King's subjects striving to hold communion with us, but seeing how far we are gone and fearing how much further we would go, were forced to flee the land, some into other inhabited countries, very many into savage wildernesses because the land would not bear them. Do not they that cause these things cast a reproach upon the Government? Mr Speaker, let it be our principal care that these things never continue, nor return upon us. If we secure our religion, we shall cut off and defeat many plots that are now on foot by them and by others. Believe it, Sir, religion has been for a long time and still is the great design on this kingdom. It is a known and practised principle that they who would introduce another religion into the church must first trouble and disorder the government of the state, that so they may hide and work their own ends in a confusion which now lies at the door.
I come next to the King's business more particularly, which indeed is the kingdom's: for one has no existence, no being without the other, their relation is so near. Yet some have subtilly laboured a divorce, which has been the very bane both of King and kingdom.
When foundations are shaken it is high time to look to the building. He has no heart, no head, no soul that is not moved in his whole man to look upon the distresses, the miseries of the commonwealth, that is not forward in all that he is and has to redress them in a right way. The King likewise is reduced to great straits, wherein it were undutifulness beyond inhumanity to take advantage of him. Let us rather make it an advantage for him, to do him best service when he has most need, not to seek our own good but in him and with him, else we should commit the same crimes ourselves which we must condemn in others. His Majesty has clearly and freely put himself into the hands of this Parliament, and I presume there is not a man in this House but feels himself advanced in so high a trust. But if he prosper no better in our hands than he has done in theirs who have hitherto had the handling of his affairs, we shall for ever make ourselves unworthy of so gracious a confidence. I have often thought and said that it must be some great extremity that must recover and rectify this State, and when that extremity did come it would be a great hazard whether it might prove a remedy or a ruin. We are now upon that vertical turning point, and therefore it is no time to palliate, to foment our undoing.
Let us set upon the remedy. We must know the disease. But to discover the diseases of the State according to some is to traduce the Government; yet others are of opinion that this is the half way to the cure. His Majesty is wiser than they that have advised him, and therefore he cannot but see and feel their subverting destructive counsels, which speak louder than I can speak of them, for they ring a doleful deadly knell over the whole kingdom. His Majesty best knows who they be; for us the matters boult out the men, their actions discover them. They are men that talk largely of the King's service, have done none but their own and that is too evident. They speak highly of the King's power, but they have made it a miserable power that produces nothing but weakness to the King and kingdom. They have exhausted the King's revenue to the bottom, nay through the bottom and beyond.
They have spent vast sums of money wastefully, fruitlessly, dangerously, so that more moneys without other counsels will be but a swift undoing.
They have always peremptorily pursued one obstinate pernicious course. First they bring things to an extremity, then they make that extremity of their own making the reason of their next action seven times worse than the former, and there we are at this instant.
They have almost spoiled the best instituted government in the world for sovereignty in a King, liberty to the subject; the proportionable temper of both which makes the happiest state for power, for riches, for durance. They have unmannerly and slubberingly cast all their projects, all their "maginations" upon the King, which no wise or good ministers of state ever did, but would still take all harsh distasteful things upon themselves to clear, to sweeten their master.
They have not suffered his Majesty to appear unto his people in his own native goodness, they have eclipsed him by their interposition; although gross condense bodies may obscure and hinder the sun from shining out, yet he is still the same in his own splendour, and when they are removed all creatures under him are directed by his light, comforted by his beams. But they have framed a supercilious seeming maxim of state for their own turn, that if a King will suffer men to be torn from him he shall never have any good service done him; when the plain truth is that this is the surest way to preserve a King from having ill servants about him.
Mr Speaker, now we see what the sores are in general, and when more particulars shall appear let us be very careful to draw out the cores of them, not to skin them over with a slight suppurating festering cure, lest they presently break out again into greater mischiefs. Consider of it, consult and speak your minds.
It has heretofore been boasted that the King should never call a Parliament till he had no need of his people. These were words of division and malignity: the King must always (according to his occasion) have use of his people's hearts, hands and purses. The people will always have need of the King's clemency, justice and protection; and this reciprocation is the strongest, the sweetest union.
It has been said too of late that a Parliament will take away more from the King than they will give him; it may well be said that these things which will fall away of themselves will enable the subject to give him more than can be taken away else. Projects and monopolies are but leaking conduct pipes, the Exchequer itself is but a cistern and now a broken one. Frequent Parliaments only are the fountain. And do not doubt but in this Parliament as we shall be free in our advices, so we shall be the more free of our purses, and his Majesty may experimentally find the real difference of better counsels, the true solid grounds of raising and establishing his greatness, never to be brought again (by God's blessing) to such dangerous, such desperate perplexities.
Mr Speaker, I confess I have now gone in a way much against my nature, and something against my custom heretofore in this place; but the deplorable, dismal condition both of the Church and State have so far wrought upon my judgment as it has convinced my disposition. Yet am I not vir sanguinum, I love no man's ruin. I thank God I neither hate any man's person nor envy any man's fortune, only I am zealous of a thorough reformation in a time that exacts, that extorts it; which I humbly beseech this House may be done with as much lenity, as much moderation as the public safety of the King and kingdom can possibly admit.
Endorsed in a modern hand "1603", but it belongs to November, 1640. Most of the speech is printed in detached portions according to the subject each deals with, in Rushworth's Collections, III, pp. 1341–58. 5¾ pp. (102. 145.)
Trial of the Earl of Strafford.
1640, December 16."The Scots Commissioners' charge against the Earl of Strafford"; presented to the Lords Commissioners to treat with the Scots.—16 December, 1640.
Copy. 7 pp. (131. 151.)
[Printed in Rushworth's Trial of Strafford, pp. 769–772. See also Lords' Journals, IV, p. 112.]
The Earl of Strafford.
[1640].Act for the Attainder of Thomas, Earl of Strafford, of high treason.
17th-century hand. 3¼ pp. (253. 5.)
Elections at Hertford. (fn. 5)
[? 1640].Bill for dinner.
There dieted at my Lords table, 26 at 4s a man.
And there dieted at youre table, 21 at 3s a man.
And at there table where Mr Keelings sonnes satte, 8 at 3s a man.
And there dieted of the free men and others, 162 at 2s a man.
One hogshead of sacke, 16–0–0.
One hogshead of claritt, 08–0–0.
4 hogsheads of beere, 04–16–0.
Fieringe, 00–08–0.
Ffor potts when they drew out the beere under the town house, 00–02–0.
Ffor horse meate, for hay and oates, 00–15–6.
Endorsed: "Payd att Election of Burgess Hertford lvl vis vid." In a later hand, "? 1650" (sic). 1 p. (General 11/9.)
Accounts.
1640–44.Inter alia: expenses of the Earl of Salisbury's journey to Ripon and York, September 1640; charges of keeping a race horse, Raynebow, at Newmarket; legal expenses for suits brought against tenants and others; "charges for passing a warrant under the greate Seale of England for securing 100001 lent by the said Earle unto the Kings Matie and for repayment of the same with interest out of the revenues of the fforrest of Deane"; "paid in the Crown office for putting in a disclaymer and entring a discharge for the said Earle being a patentee for the plantation in New England". Other entries include, "Paid by his Lordships appointment for the extraordinary expense of Mr Robert Cecyll, esq, when he was chosen captaine of the Trained Bands of St Martins parish in Ffeb. 1641 [–42]"; and, "Paid to Richard Busby for the diet of William and Algernon Cecil who went to Westminster school, 1641."
(Accounts 148/11.)
Christopher Keighley to Richard[ ].
[Before 1641].Sends him enclosed two letters, one for Mr Covell at Sir Miles Fleetwood's (fn. 6) house in Wood Street, and the other to Mr Briscoe, Lord Barrett's steward, at "the dutchie house". Gives instructions what to do with them if the persons named are not at home. Also sends some papers dealing with business "in the burse" and directs that they be conveyed to the housekeeper there.—Undated.
? Copy. Unsigned, but in Keighley's hand. 1 p. (General 102/15.)

Footnotes

1 Elizabeth, 2nd daughter of the Earl of Salisbury, married William Cavendish, 3rd Earl of Devonshire, on 4 March, 1638–39.
2 See supra, p. 311.
3 Succeeded as 5th Earl of Cumberland in January, 1641.
4 i.e., the Earl of Salisbury and Lord Cranborne.
5 A possible reference to the elections for the Long Parliament, when Charles Cecil, Viscount Cranborne, was one of the MPs returned for Hertford Borough on October 26, 1640.
6 Died in 1641.


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