House of Lords Journal Volume 10
28 September 1648

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1767-1830

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'House of Lords Journal Volume 10: 28 September 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 515-520. URL: http://www.british-history.ac.uk/report.aspx?compid=32908 Date accessed: 27 August 2014.


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DIE Jovis, 28 Septembris.
May, a Pass. Killegrew, D°. Judkin, E. of Stamford's Servant, D°. Ordinance for Major Poe & al. to have the Benefit of Delinquents Estates, for their Arrears. White, a Pass to the King. Halke and James. Ordinance to remove Obstructions in the Sale of Bishops Lands. Answer from the H. C. Message from thence, with a Vote about the Treaty;- a Pass for Sir J. Carmichael; -with Ordinances;- and to remind the Lords of Wheeler's Order. Answer. Howard, Leave to stay in Engl. Ordinance to continue the Assessments for the Army. No Proposition to be binding, of the Treaty breaks off. Pass for Sir J. Carmichael, from Scotl. to the King. Ordinance for Sequestrations in Yorkshire to be applied for paying the new Militia and Forces raised there. Ordinance for an Addition of 120 l. per Week to the former Allowance, for Relief of wounded Soldiers and Widows. Pass to be granted for Persons from Scotl. to go to the King. Owen to be instituted to Remenham. Letter from Gen. Cromwell, that he has entered Scotland;-and his Reasons for it;-and with the following Papers. His Summons to the Governor of Berwick, 10 surrender the Town to him. Governor of Berwick's Answer. Letter from Gen. Cromwell to the Committe of Estates, with his Reasons for entering Scotland, and desiring the Restitution of Berwick and Carlisle. Letter from the L. Chane. of Scotl. in Behalf of those who dissented from the late Engagement against England; declaring against that Engagement, and promising to restore Berwick, &c. to the English. Instructions for Commissioners appointed by them to treat with Gen. Cromwell, &c. Treaty between the Two Scots Armies. Letter from Gen. Cromwell to the L. Chancellor. &c. of Scotland about it. Extracts of Letters from the Committee at Derby House to Gen. Cromwell, directing him how to act. Gen. Cromwell's Services approved of, and may enter Scotl. to assist the Opponents of the D. of Humilton. These Letters, &c. to be printed. Footnotes

DIE Jovis, 28 Septembris.

PRAYERS, by Mr. Rayner.

Domini præsentes fuerunt:

Comes Manchester, Speaker.
Comes Lyncolne.
Comes Kent.
Comes Suffolke.
Comes Mulgrave.
Comes Denbigh.
Ds. Grey.
Ds. Hunsdon.
Ds. North.
Ds. Howard.

May, a Pass.

Ordered, That Mr. Adrian May shall have a Pass, to go into the Isle of Wight.

Killegrew, D°.

Ordered, That Mr. Tho. Killegrewe shall have a Pass, to come out of Holland.

Judkin, E. of Stamford's Servant, D°.

Ordered, That Mr. Edward Judkin, Servant to the Earl of Stamford, shall have a Pass, to go (fn. *) to Callice, or elsewhere in France.

Ordinance for Major Poe & al. to have the Benefit of Delinquents Estates, for their Arrears.

Upon reading the Petition of Major Wm. Poe and other Officers; desiring, "to have the Benefit of the Discovery of such Delinquents Estates as are not discovered, towards their Arrears:"

And an Ordinance to this Purpose was read, and passed; and ordered to be sent to the House of Commons for their Concurrence.

White, a Pass to the King.

Ordered, That John White, Yeoman Warder in The Tower, shall have a Pass, to go into the Isle of Wight, to attend the King, in the Place appointed him by the Committee for the Revenue.

Halke and James.

Ordered, That the Cause between Halke and James shall be heard, by Counsel on both Sides, Tuesday come Fortnight; and then to make Proof of the Orders made at the Committee of Plundered Ministers in this Cause.

Ordinance to remove Obstructions in the Sale of Bishops Lands.

The House was adjourned during Pleasure, to take into Consideration the Ordinance of removing some Obstructions in the Sale of Bishops Lands

The (fn. *) House being resumed;

The said Ordinance was read the Third Time, with the Addition of the Committee of Lords.

And the Question being put, "Whether to agree to this Ordinance with the Addition now read?"

It was Resolved in the Affirmative.

Answer from the H. C.

Doctor Heath and Doctor Bennett return with this Answer from the House of Commons:

That they agree to the Two Votes concerning Lieutenant General Crumwell, and to the safe Conduct to be given for the Persons to come out of Scotland to the King.

Message from thence, with a Vote about the Treaty;- a Pass for Sir J. Carmichael; -with Ordinances;- and to remind the Lords of Wheeler's Order.

A Message was brought from the House of Commons, by Mr. Wheeler, &c.; who brought up divers Particulars, wherein they desire their Lordships Concurrence:

1. A Vote concerning the Treaty. (Here enter it.)

The Question being put, "Whether to agree to this Vote, as it is now brought up from the House of Commons?"

It was Resolved in the Affirmative.

2. A safe Conduct for Sir James Carmichell Knight, to come out of Scotland. (Here enter it.)

Agreed to; and ordered to be signed by the Speakers of both Houses.

3. An Ordinance concerning Sequestrations in the County of Yorke. (Here enter it.)

Read, and Agreed to.

4. An Ordinance for adding the Sum of One Hundred Twenty Pounds per Week to the former Allowance formerly made for Relief of the wounded Soldiers and the Widows. (Here enter it.)

Read, and Agreed to.

5. To put their Lordships in Mind of an Order formerly brought up, concerning Mr. John Wheeler.

The Answer returned was:

Answer.

That concerning the Order touching Mr. Wheeler, their Lordships will take it into Consideration, and will send an Answer by Messengers of their own: To all the rest of the Particulars, their Lordships agree to.

Howard, Leave to stay in Engl.

Ordered, That Mr. Thomas Howard shall have Three Months longer to stay in England.

Ordinance to continue the Assessments for the Army.

Ordered, That the Ordinance for Assessment of the Army shall be taken into Consideration the First Business To-morrow Morning.

No Proposition to be binding, of the Treaty breaks off.

"The Lords and Commons assembled in Parliament do declare, That nothing that shall be put in Writing, concerning any Proposition, or Part of a Proposition, shall be binding, prejudicial, or in any Manner made Use of, if the Treaty break off upon any other Proposition, or Part of any Proposition, unless it shall be otherwise especially agreed."

Pass for Sir J. Carmichael, from Scotl. to the King.

"Whereas Sir James Carmichell Knight, upon His Majesty's Desire, is permitted by the Lords and Commons in Parliament assembled to attend His Majesty in the Isle of Wight: These are therefore to will and require you, to permit and suffer the said Sir James Carmichell, with his menial Servants, Horses, Necessaries, and Travelling Arms, freely and peaceably to pass, through your respective Forces, Guards, and Places, to the Isle of Wight aforesaid, without any Lett, Molestation, or Interruption. And for so doing, this shall be your sufficient Warrant.

"Dated at Westm'r, the 28th Day of September, 1648.

"To all Commanders in Chief, Officers, and others whom these Presents may concern."

Ordinance for Sequestrations in Yorkshire to be applied for paying the new Militia and Forces raised there.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sequestrations of the Lands and Estates, within the County of Yorke, of all and every such Person and Persons as already are, or hereafter shall be, sequestered upon their or any of their new Engagements against the Parliament, and all and every Fine and Fines that shall be set upon such Person or Persons for his or their Delinquency as aforesaid, upon any Composition to be hereafter had with them, or any of them; and it is also further hereby Ordered and Ordained, That all the Arrears of the old Compositions of Papists in the County of Yorke, for their Popish Recusancy; shall be, and are hereby, assigned and employed for and towards the Maintenance of the new Militia and Forces newly raised aforesaid, in the said County of Yorke, and for and towards the Maintenance of the new Militia in the City of Yorke, and for carrying on and defraying of other Charges in the City of Yorke and County of the same: Provided always nevertheless, and it is further Ordered and Ordained, by the said Lords and Commons, That this Ordinance continue in Force only until the Sum of Twelve Thousand Pounds be raised, for the Payment and Maintenance of the said Forces in the County of Yorke, and the Sum of One Thousand Pounds for the Payment and Maintenance of the new Militia and Forces, and for discharging and carrying on other Charges in the said City of Yorke and County of the same, and no longer; any Thing in this present Ordinance contained to the contrary thereof in any Wise notwithstanding: Provided, That this Ordinance shall not extend to any such Delinquents as Colonel Rosseter shall nominate for his Two Thousand Pounds, according to former Order."

Ordinance for an Addition of 120 l. per Week to the former Allowance, for Relief of wounded Soldiers and Widows.

"Be it Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred and Twenty Pounds per Week be added to the Allowance formerly allowed for Relief of the sick and maimed Soldiers and Widows; and that the same Weekly Sum of One Hundred and Twenty Pounds be charged upon the Sequestrations at Guildhall, London, the same to be paid Weekly, from the 4th of July, 1648, to the Treasurers for the sick and maimed Soldiers, whose Acquittances, or the Acquittances of any Two of them, shall be a sufficient Discharge to the Treasurers for Sequestrations in that Behalf; and that the Sum of One Hundred Pounds per Week, charged upon the Receipts of the Excise, the 4th of July, 1648, for Relief of the sick and maimed Soldiers and Widows, be, and is hereby, discharged: Provided, and it is hereby Declared and Ordained, by the Authority aforesaid, That if any Person, Widow, or others, that are provided for, either by this or former Ordinances, by Weekly Pensions or otherwise, shall, notwithstanding, solicit the House with their Clamours, and frequent the Doors and Passages to the Houses, to the Dishonour and Disturbance of them in their Proceedings, all such Persons so offending shall, from such Time as they shall be taken Notice of so doing, have all Pension or other Relief afforded them by the Parliament surceased, and taken from them; and, upon Notice thereof to the Treasurers, they are hereby required to forbear the Payment of any further Allowance to any such."

Pass to be granted for Persons from Scotl. to go to the King.

"Ordered, by the Lords and Commons assembled in Parliament, That a safe Conduct be granted to Sir James Carmichell; and that Mr. Richard Parsons may have a Pass, to go with it into Scotland, and return; and that if the Committee of the Parliament of Scotland shall desire safe Conducts for Two or Three Persons not liable to Exceptions, to come and attend the King, that, upon Return of the Names of such to the Houses, safe Conducts shall be granted, according to former Order."

Owen to be instituted to Remenham.

Ordered, That Doctor Aylett give Institution and Induction to William Owen Clerk, to the Rectory of Remenbam, in Com. Berks, now void; salvo Jure, &c.: Presentation under the Great Seal of England.

(fn. *) "The Transactions of several Matters between Lieutenant General Cromwel and the Scots, for surrendering the Towns of Berwick, Carlisle, and all other Garrisons belonging to the Kingdom of England: Together with the Reasons of Lieutenant General Cromwel's entering the Kingdom of Scotland, to assist the Marquis of Argyle.

Letter from Gen. Cromwell, that he has entered Scotland;-and his Reasons for it;-and with the following Papers.

"To the Right Honourable the Committee of Lords and Commons, at Derby-House.

"My Lords and Gentlemen,

"I did from Alnwick write to Sir William Armyn an Account of our Condition, and recommended to him divers particular Considerations about your Affairs here in the North, with Desire of particular Things to be done by your Lordships Appointment, in order to the carrying on of your Affairs. I send you here inclosed a Copy of the Summons that was sent to Barwick, when I was come as far as Alnwick; as also of a Letter written to the Committee of Estates of Scotland; I mean, those who we did presume were convened as Estates, and were the Men that managed the Business of the War: But there being (as I hear since) none such, the Earl of Roxbrough and some others having deserted, so that they are not able to make a Committee, I believe the said Letter is suppressed, and retained in the Hands of Colonel Bright and Mr. William Rowe, for whom we obtained a safe Convoy, to go to the Estates of that Kingdom with our said Letter; the Governor of Barwick's Answer to our Summons leading us thereunto: By Advantage whereof, we did instruct them to give all Assurance to the Marquis of Argyle, and the honest Party in Scotland (who we heard were gathered together in a considerable Body about Edenburgh, to make Opposition to the Earl of Lanerick, Monro, and their Armies), of our good Affection to them; wherewith they went the Sixteenth of this Month.

"Upon the 17th of this Month, Sir Andrew Car and Major Straugban, with divers other Scottish Gentlemen, brought me this inclosed Letter, signed by the Lord Chancellor of Scotland, as your Lordships will see. They likewise shewed me their Instructions, and a Paper containing the Matter of their Treaty with Lanerick and Monro; as also an Expostulation upon Lanerick's Breach with them, in falling upon Argyle and his Men contrary to Agreement; wherein the Marquis of Argyle hardly escaped, they having Hold of him; but Seven Hundred of his Men were killed and taken. These Papers also I send here inclosed to your Lordships. So soon as these Gentlemen came to me, I called a Council of War; the Result whereof was the Letter directed to the Lord Chancellor, a Copy whereof your Lordships have also here inclosed; which I delivered to Sir Andrew Car and Major Straughan, with which they returned upon the Eighteenth, being the next Day. Upon private Discourse with the Gentlemen, I do find the Condition of their Affairs and their Army to be thus: The Earl of Lanerick, the Earl of Crawford Lindsey, Monro, and their Army, hearing of our Advance, and understanding the Condition and Endeavours of their Adversaries, marched with all Speed to get the Possession of Sterling-Bridge, that so they might have Three Parts of Four of Scotland at their Backs, to raise Men, and to enable themselves to carry on their Design; and are above Five Thousand Foot, and Five and Twenty Hundred Horse, or Three Thousand. The Earl of Leven, who is chosen General, the Marquis of Argyle, with the honest Lords and Gentlemen, David Lesley being the Lieutenant General, having about Seven Thousand Foot, but very weak in Horse, lie about Six Miles on this Side the Enemy. I do hear that their Infantry consists of Men who come to them out of Conscience, and generally are of the godly People of that Nation, which they express by their Piety and Devotion in their Quarters. And indeed I hear they are a very godly and honest Body of Men.

"I think it is not unknown to your Lordships, what Directions I have received from you for the Prosecution of our late Victory; whereof I shall be bold to remember a Clause of your Letter, which was,

"That I should prosecute the remaining Party in the North, and not leave any of them (where-ever they shall go) to be a Beginning of a new Army; nor cease to pursue the Victory, till I finish and fully compleat it, with their Rendition of those Towns of Barwick and Carlisle, which most unjustly, and against all Obligations and the Treaties (then) in Force, they surprized and garrisoned against us.

"In order whereunto, I marched to the Borders of Scotland, where I found the Country so exceedingly harrassed and impoverished, by Monro and the Forces with him, that the Country was in no sort able to bear us on the English Side; but we must have necessarily ruined both your Army, and the Subjects of this Kingdom, who have not Bread for a Day, if we had continued amongst them. In Prosecution of your Orders, and in Answer to the Necessity of your Friends in Scotland, and their Desires, and considering the Necessity of marching into Scotland, to prevent the Governor of Barwick from putting Provisions into his Garrison on Scotland Side (whereof he is for the present in some Want, as we are informed), I marched a good Part of the Army over Tweed Yesterday about Noon, the Residue being to come after as conveniently as we may.

"Thus have I given to your Lordships an Account of our present Condition and Engagement; and, having done so, I must discharge my Duty, in remembering to your Lordships the Desires formerly expressed in my Letters to Sir William Armyn and Sir John Evelyn for Supplies; and in particular, for that of Shipping to lie upon these Coasts, who may furnish us with Ammunition or other Necessaries, wheresoever God shall lead us; there being extreme Difficulty to supply us by Land, without great and strong Convoys, which will weary out and destroy our Horse, and cannot well come to us, if the Tweed be up, without going very far about.

"Having laid these Things before you, I rest,

"My Lords,

Norham, this 20 of Sept. 1648.

"Your most humble Servant,

"O. Cromwel.

"Whilst we are here, I wish there be no Neglect of the Business in Cumberland and Westmerland. I have sent Orders both into Lancashire and the Horse before Pontefract. I should be glad your Lordships would second them, and those other Considerations expressed in my Desires to Sir William Armyn thereabouts.

"O. C."

His Summons to the Governor of Berwick, 10 surrender the Town to him.

"Lieutenant General Cromwel's Summons to the Governor of Berwick.

"SIR,

"Being come thus near, I thought sit to demand the Town of Berwick to be delivered into my Hands, to the Use of the Parliament and Kingdom of England, to whom of Right it belongeth. I need not use any Arguments to convince you of the Justice hereof: The Witness that God hath borne against your Army in their Invasion of this Kingdom, which desired to sit in Peace by you, doth at once manifest His Dislike of Injury done to a Nation that meant you no Harm, but hath been all along desirous to keep Amity and Brotherly Affection and Agreement with you. If you deny me in this, we must make a Second Appeal to God, putting our selves upon Him, in endeavouring to obtain our Rights; and let Him be Judge between us. And if your Aims be any Thing beyond what we profess, He will require it; if further Trouble ensue upon your Denial, we trust He will make our Innocency to appear. I expect your Answer to this Summons this Day, and rest

"Your Servant,

"O. C.

"For the Governor of Berwick."

Governor of Berwick's Answer.

"For the Right Honourable Lieutenant General Cromwel.

"Much-honoured and Noble Sir,

"I have received yours, wherein ye desire the Delivering-up of this Town, which I was put in Trust with by the Committee of the States of Scotland; wherewith I am immediately to acquaint them, and expects their Order; and in the mean Time rests,

"Noble Sir,

Berwick, 15 Sept. 1648.

"Your humble Servant,

"Lo. Leslie."

Letter from Gen. Cromwell to the Committe of Estates, with his Reasons for entering Scotland, and desiring the Restitution of Berwick and Carlisle.

"The Letter to the Committee of Estates of Scotland.

"Right Honourable,

"Being upon my Approach to the Borders of the Kingdom of Scotland, I thought fit to acquaint you with the Reasons thereof: It is well known how injuriously the Kingdom of England was lately invaded, by the Army under Duke Hamilton, contrary to the Covenant and our Leagues of Amity, and against all the Engagements of Love and Brotherhood between the Two Nations. And notwithstanding the Pretences of your late Declaration, published to take with the People of this Kingdom, the Commons of England in Parliament assembled declared the said Army so entering as Enemies to the Kingdom, and those of England who should adhere to them as Traitors. And having received Commands, with a considerable Part of their Army, to oppose so great a Violation of Faith and Justice; what a Witness God, being appealed to, hath borne upon the Engagements of the Armies, against the Unrighteousness of Man, not only yourselves, but this Kingdom, yea, and a great Part of the known World, will I trust acknowledge, how dangerous a Thing it is to wage an unjust War; much more to appeal to God, the Righteous Judge therein. We trust, He will persuade you better, by this manifest Token of His Displeasure, left His Hand be stretched out yet more against you, and your poor People also, if they will be deceived. That which I am to demand of you is, the Restitution of the Garrisons of Berwick and Carlisle into my Hands, to the Use of the Parliament and Kingdom of England. If you deny me herein, I must make our Appeal to God, and call upon Him for Assistance, in what Way He shall direct us; wherein we are, and shall be, so far from seeking the Harm of the Well-affected in the Kingdom of Scotland, that we prosess, as before the Lord, That what Difference an Army necessitated in an hostile Way to recover the ancient Rights and Inheritance of the Kingdom under which they serve can make, we shall rejoice, and use our Endeavours to the utmost, the Trouble may fall upon the Contrivers and Authors of this Breach, and not upon the poor innocent People, which have been led and compelled into this Action, as many poor Souls now Prisoners to us confess. We thought ourselves bound in Duty thus to expostulate with you, and thus to profess; to the End we may bear our Integrity out before the World, and may have Comfort in God, whatever the Event be. Desiring your Answer, I rest

"Your Lordship's

"Humble Servant,

"O. C."

Letter from the L. Chane. of Scotl. in Behalf of those who dissented from the late Engagement against England; declaring against that Engagement, and promising to restore Berwick, &c. to the English.

"For the Right Honourable the Commander in Chief of the Forces of the Parliament of England, near Berwick and Carlisle, or in any other Part within the Northern Counties.

"Right Honourable,

"Hearing that some Forces of the Parliament of England are come Northward, near the Borders of Scotland, to reduce Berwick and Carlisle; the Desire we have to preserve a right Understanding between the Kingdoms hath moved us to signify to you, That, as we did dissent from, and protest against, the late unlawful Engagement against England, carried on by a prevalent Party and Faction, against the Declaration of this Church and their Commissioners, and against the Desires and Supplications of the most considerable Shires of this Kingdom; so shall we be ready to co-operate, by contributing our best Endeavours with you, that the Garrisons of Berwick and Carlisle be reduced, and the Towns delivered to the Houses of Parliament, or such as are, or shall be, by them authorized.

"Those who command the Forces returned from that Army which went into England, and their Adherents, have made Applications to us for a Treaty: We have desired them to disband their Forces and Garrisons, and deliver those Towns, that they may be surrendered to the Houses of Parliament; assuring you, that, in any Transaction of Peace with them, or Pursuance of War against them, we shall be as careful and tender of the Interest and Good of the Kingdom of England as of our own Nation; and our Actions, in this and in every Occasion, shall be real Evidences of our sincere Resolutions to observe inviolably the Covenant and Treaties between the Kingdoms, and to be mutually aiding to each other against the common Enemy, till it please God to grant both Kingdoms the great Blessing of a safe and well-grounded Peace.

"By Warrant, and in the Name, of the Noblemen, Gentlemen, and Burgesses, now in Arms, who dissented in Parliament from the late Engagement against the Kingdom of England.

Fallirk, 15 Sept. 1648.

"Loudoun, Canc."

Instructions for Commissioners appointed by them to treat with Gen. Cromwell, &c.

"Instructions to the Laird Grambeat, and Major Straugban.

"1. You shall shew, That the Remainder of that Army that went into England in the last wicked Engagement, with the Forces with George Mouro and their Adherents, being returned into this Kingdom, are very active to raise new Forces, and strengthen themselves to carry on the former Designs.

"2. You shall shew, That we are resolved to oppose them; and that we shall agree to no Desire of that Army, without disbanding of their Forces, and denuding themselves of all Power; that the Power of Peace and War may be intrusted to such as have dissented from the late Engagement, and desire to preserve the Union between the Kingdoms.

"3. You shall shew, That, if they lay not down their Arms, but persist to pursue their Engagements against the Kingdom of England, and disturb the Peace of this Kingdom, we are confident that the Houses of Parliament and their Armies will be ready to assist us with their Forces, to pursue them as common Enemies to both Kingdoms, as we were and are willing to assist the Houses of Parliament against the Malignants in England.

"4. That we desire and expect they will be in Readiness to concur with us, when we shall give them a Call; and that we are to send to the Honourable Houses of Parliament, to desire their Assistance; and that, by joint Counsels and Forces, the Disturbers of the Peace of both Kingdoms may be brought to Trial, and condign Punishment."

Treaty between the Two Scots Armies.

"Falkirk, 15 Septemb. 1648.

"Articles in Treaty between the Two Armies.

"The Members of Parliament who dissented in Parliament, and the Gentlemen and Burgesses chosen by the several Shires and Burghs, now in Arms for the Covenant, do propound to those in Arms against us, That all their Forces in the Field be forthwith disbanded, and the Garrisons of Berwick and Carlisle, and other Garrisons in their Power, within the Kingdom of Scotland and England, be forthwith delivered; that we may surrender to the Kingdom of England their own Garrisons and Forts, and for continuing the Union betwixt the Two Kingdoms, and dispose of our Garrisons for securing the Peace of this Kingdom.

"That all these of their Number who have been employed in Public Place or Trust in the Kingdom (in respect they have, by manifest Abuse of their Power and Trust, so exceedingly endangered Religion, and brought the Kingdom to the very Brink of Despair and Ruin) shall forbear the Exercise of all Place, Power, or Trust, until a Free Parliament, or Convention of Estates, consisting only of Persons free from the late unlawful Engagement; and that the Benefit of their Places be sequestered, to be disposed of by the Parliament, or Convention of Estates. And they giving Assurance that in the mean Time they shall not disturb the Peace of the Kingdom, we shall not challenge them for their Lives or Estates; being always understood, that nothing herein contained shall prelimit the Parliament of this Kingdom to the Kingdom of England, according to the Treaties and Covenant.

"It is to be remembered, that the Persons abovewritten, nominated and authorized for the Treaty, shall not have any Power to conclude; but, after Debate of all Matters in Writing, to make a Report thereof to us."

"Woodhouse, 14 Septemb. 1648.

"The Expostulation between the Two Armies.

"Upon Tuesday Morning, about Five of the Clock, the Lord Humby and the Lord Lee, your Commissioners, presented a Letter, subscribed by the Earl of Crawford Lindsey, the Earl of Lanerick, and Colonel Geo. Monro, wherein they did agree, That a Treaty should begin, at Eight of the Clock in the Morning, at Wenchborow; with this Limitation, that the Treaty should only continue till Twelve at Noon; promising, that the Army under your Command should march no further than they were at present, our Army doing the like; and that, during the Treaty, there should be a Cessation from all Acts of Hostility. Though this Letter came late to our Hands, about Three Hours after the Time appointed, and so it was in our Choice to have marched presently, or to have embraced a Treaty; yet we resolved to stay, and were content to send some of our Number to treat at Wenchborow with the like Number from you; provided, that the Treaty might endure until Wednesday, at Four of the Clock in the Morning, and all Marching of Forces and Acts of Hostility on either Side should cease during that Time: Whereupon your Commissioners, the Lord Humby and the Lord Lee, did undertake, that either your Lordships should agree to prorogate the Time of the Treaty until Wednesday, Four of the Clock in the Morning, the Forces of both Sides not marching further than they were at present, and the Marquis of Argyle not coming with his Forces to St. Nynyans Kirk, about a Mile on this Side of Sterling; or otherwise, if you did not agree to this, that then none of your Forces should march before Eleven of the Clock at the soonest. Two from us were sent along with your Commissioners, to receive your Answer; which was delivered, by the Earl of Crawford and Glencarn, at the Town End of Lithgow, in these Words:

"That it was impossible for you to consent to prorogate the Time of the Treaty until Four of the Clock on Wednesday Morning; and that you resolved to fight that Night for the Pass at Sterling, though it were with Twenty Thousand:

"But withal promised to make good what your Commissioners had undertaken; videlicet,

"That none of your Forces should march before Eleven of the Clock out of your Quarters; particularly, That they should not before that Time cross the River of Evarn, near Lithgow.

"All which notwithstanding, we were credibly informed, Part of your Forces marched through Falkirk, which is about Six Miles distant from Lithgow, betwixt Nine and Ten of the Clock in the Forenoon, and about Two of the Clock in the Afternoon marched into Sterling, which is distant Twelve Miles from Lithgow; and so, under Trust and fair Pretences to treat, your Lordships did take an Opportunity to surprize the Forces of the Marquis of (fn. *) Argyle, killing some, and taking others Prisoners when they were in Security, being advertised by us of a Treaty betwixt your Lordships and us; which we cannot esteem to be a fair Way of Proceeding: And therefore we desire, that all those of the Marquis of Argyle's Forces detained Prisoners by your Lordships may be forthwith released and set at Liberty; and for the Blood of those that have been killed under Trust, we know not how it can be expiated."

Letter from Gen. Cromwell to the L. Chancellor. &c. of Scotland about it.

"For the Right Honourable the Earl of Loudoun, Chancellor of Scotland; to be communicated to the Noblemen, Gentlemen, and Burgesses, now with the Army, who dissented from the late Engagement against the Kingdom of England.

"Right Honourable,

"We received yours from Falkirk, of the 15 of Septem. Instant. We have had also a Sight of your Instructions, given to the Laird of Grambeats and Major Straughan; as also Two other Papers, concerning the Treaty between your Lordship and the Enemy; wherein your Care of the Interest of the Kingdom of England, for the Delivery of their Towns unjustly taken from them, and Desire to preserve the Unity of both Nations, are dearest; by which also we understand the Posture you are now in, to oppose the Enemies of the Welfare and Peace of both the Kingdoms; for which we bless God for His Goodness to you, and rejoice to see the Power of the Kingdom of Scotland in a hopeful Way to be invested in the Hands of those who, we trust, are taught of God to seek His Honour, and the Comfort of His People. And give us Leave to say, as before the Lord, who knoweth the Secret of all Hearts, That, as we think one especial End of Providence, in permitting the Enemies of God and Goodness in both Kingdoms to rise to the Height, and exercise such Tyranny over His People, was, to shew the Necessity of the Unity amongst His of both Nations; so we hope and pray, that the late glorious Dispensation, in giving so happy Success against your and our Enemies in our Victory, may be the Foundation of the Union of the People of God, in Love and Amity; and, to that End, we shall, God assisting, to the utmost of our Power, endeavour to perform what may be behind on our Part: And when we shall through any Wilfulness fail herein, let this Profession rise up in Judgement against us, as having been made in Hypocrisy; a severe Avenger of which, God hath lately appeared, in His most righteous Witnessing against the Army under Duke Hamilton, invading us under specious Pretences of Piety and Justice: We may humbly say, we rejoice with more Trembling than to dare to do so wicked a Thing.

"Upon our Advance to Alnwick, we thought fit to send a good Party of Horse towards the Borders of Scotland, and therewith a Summons to the Garrison of Berwick; to which having received a dilatory Answer, I desired a safe Convoy for Colonel Bright and the Scout-master General, to go to the Committee of Estates of Scotland, who, I hope, will have the Opportunity to be with your Lordships before this come to your Hands; and, according as they are instructed, let your Lordships in some Measure (as well as we could in so much Ignorance of your Condition) know our Affections to you; and understanding Things more fully by yours, we now thought fit to make this Return.

"The Command we received upon the Defeat of Duke Hamilton was, "to prosecute the Business until the Enemy might be put out of a Condition or Hope of growing into a new Army, and the Garrisons of Berwick and Carlisle were reduced;" Four Regiments of our Horse, and some Dragoons, having followed the Enemy into the South Parts, being now come up, and this Country not being able to bear us, the Cattle and old Corn thereof having been wasted by Monro and the Forces with him, the Governor of Berwick also daily victualling his Garrison from Scotland Side, and the Enemy yet in so considerable a Posture as by these Gentlemen and your Papers we understand, still prosecuting their former Design, having gotten the Advantage of Sterling-Bridge, and so much of Scotland at their Backs to enable them thereunto; and your Lordships Condition at present not being such as may compel them to submit to the honest and necessary Things you have proposed to them for the Good of both the Kingdoms; we have thought fit, out of the Sense of our Duties to the Commands laid upon us by those who have sent us, and to the End we might be in a Posture more ready to give you an Assistance, and not be wanting to what we have made so large Professions of, to advance into Scotland with the Army; and we trust, by the Blessing of God, the common Enemy will thereby the sooner be brought to a Submission to you, and we thereby shall do what becometh us, in order to the obtaining our Garrisons; engaging ourselves, That, so soon as we shall know from you the Enemy shall yield to the Things you have proposed to them, and we have our Garrisons delivered to us, we shall forthwith depart out of your Kingdom, and in the mean Time be more tender towards the Kingdom of Scotland, in the Point of Charge, than if we were in our own Native Kingdom. If we shall receive from you any Desire of a more speedy Advance, we shall readily yield Compliance therewith; desiring often to hear from you how Affairs stand.

"This being the Result of the Council of War, I present it to you as the Expression of their Affections and my own, who am,

"My Lord,

"Your most humble Servant,

"O. Cromwel."

Extracts of Letters from the Committee at Derby House to Gen. Cromwell, directing him how to act.

"An Extract of Letters from the Committee of Derby House, of 24 Augusti and 19 Septembr. to Lieutenant General Cromwel.

"SIR,

"We doubt not but God will so direct and assist you in doing what remains, as both those that are come Southward will be destroyed, and that you then will prosecute the remaining Party in the North, and not leave any of them (where-ever they shall go) to be a Beginning of a new Army; nor cease to pursue your Victory, till you finish and fully compleat it, with their Rendition of those Towns of Berwick and Carlisle, which most unjustly, and against Obligations, and the Treaties (then) in Force, they surprized and garrisoned against us."

Derby House, 24 Aug. 1648.

"By the Postscript of your Letter of the 11th, we conceive you will be advanced as far as the Borders before these come to you; and that you will lose no Time nor Opportunity for the regaining of the Towns of Berwick and Carlisle; and desire you to use the best Means that you in your Judgement shall think most conducing to that End; the regaining of them being a Thing of so great Concernment to the Honour of this Kingdom, and Safety of those Northern Parts."

Derby House, 19 Septem. 1648.

"Die Jovis, 28 Septemb. 1648.

Gen. Cromwell's Services approved of, and may enter Scotl. to assist the Opponents of the D. of Humilton.

"Resolved, upon the Question,

"That the Lords and Commons assembled in Parliament do approve of the Actions of Lieutenant General Cromwel, in Pursuance of the Orders he received from the Committee sitting at Derby House; which they likewise approve of.

"Resolved, upon the Question, &c.

"That in case those Noblemen and others, that dissented against the Invasion of the Kingdom of England by the Army under the Command of Duke Hamilton, shall desire the Assistance of Lieutenant General Cromwel, that he be ready to afford them all seasonable Relief and Assistance.

"H. Elsynge, Cler. Parl. D. Com."

"Die Jovis, 28 September, 1648.

These Letters, &c. to be printed.

"Ordered, by the Commons assembled in Parliament, That the Extracts of the Letters of the Committee at Derby House to Lieutenant General Cromwel, and the whole Dispatch from Lieutenant General Cromwel now reported, and the Votes thereupon, be forthwith printed and published.

"H. Elsynge, Cler. Parl. D. Com."

Footnotes

* Deest in Originali.
* This and the following Papers to the End of this Day are printed, and bound in with the Original.
* Argye.