Die Sabbati, 28 die Junii.
Prayers, by Dr. Burges.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Message to the H. C. about removing the Prisoners from Tuthill Military Yard;
A Message was sent to the House of Commons, by
Sir Edw. Leech and Mr. Page:
To desire them to take into their speedy Consideration,
[ (fn. *) how to dispose of the Prisoners] in Tuthill Military
Yard; both to avoid the Infection of the Plague, which
they will assuredly bring amongst us; as also the Inhumanity of keeping them Abroad in the Weather, and
where they lie so nastily.
and for Lord Savile to have Leave to sell his Jewels, formerly taken from him.
And whereas there were certain Jewels and Monies
of the Lord Savile seized, by a Messenger of the Committee of Examinations, after his Examination before
the Lords upon his last coming from Oxon, and after
the Discharge of his Restraint under the Gentleman
Usher of the Black Rod; and now, having lately been
under a new Restraint in the same Place, and having
no Means to discharge his Duties and Diet of the said
Gentleman Usher other than by the Sale of the said
Jewels; his humble Desire is, "That the said Jewels
and Monies may be delivered unto him, until such
Time as Satisfaction be made unto him.
Which Desire of his was thought reasonable by this
House; and the House of Commons Concurrence was
Message from the H. C. with an Impeachment against the Earl of Stamford & al. for assaulting Sir A. Haselrigge.
A Message was brought from the House of Commons,
by Mr. Lisle, a Member of that House, with an (fn. †) Impeachment against the Earl of Stamford and others;
which was read at the Bar by the said Mr. Lisle; and
afterwards at the Table; videlicet,
"The Impeachment of Henry Earl of Stamford,
and of Henry Polton and Mathewe Patsall his
Servants, by the Commons of England assembled in Parliament, for Breach of their
Privileges, and for an Assault upon, and
other Injuries done unto, a Member of their
"The said Commons shew, That the said Earl of
Stamford, Henry Polton, and Mathewe Patsall, upon
the 20th Day of May, in the Year of our Lord
God, 1645, in the Common Highway leading from
Perpoole Lane to Clerkenwell, in the County of Midd.
(without any Injury, Offence, or Provocation to them
given, and for Matters and Things done in Parliament) did forcibly and unlawfully make an Assault
upon Sir Arthur Haslerigg Baronet, a Member of the
House of Commons (then riding, in a peaceable
Manner, from the said House of Commons, unto his
own Dwelling-house in Islington, in the said County;
and being then well known by them, the said Earl,
Henry Polton, and Mathewe Patsall, to be a Member
of the said House of Commons); and then and there
the said Earl, Henry Polton, and Mathewe Patsall, did
suddenly and unexpectedly several Times thrust and
strike the said Sir Arthur Haslerigg, with a drawn
Sword, and other offensive Instruments, against the
Public Peace of this Kingdom, to the high Breach of
the Privilege of the said House of Commons, and to
the great Damage of the said Sir Arthur Haslerigge.
"For which Offences and Misdemeanors, the said
Commons pray, the said Earl, Henry Poulton,
and Mathewe Patsall, may be put to their
Answers; and that such Proceedings may be
had thereupon as shall be agreeable to Justice."
Next, the Remainder of the Letters brought up from
the House of Commons, were read.
The Earl of Manchester reported divers Papers from
the Committee of both Kingdoms, and from the Commissioners of Scotland:
1. A Letter from the Earl of Leven was read:
Letter from the Earl of Leven, that he is advanced to Nottingham.
"My Lords and Gentlemen,
"I did formerly signify to your Lordships, &c. beeing here in this Place where we doe not desire to lye
improfitable (though our Provisions were both sufficient and sure), but to undertake what may be of
most Advantage for the Publique Good, and waite
to heare from your Lordships what you shall thinke
to propound unto,
Your Lordships humble Servant,
Nottingham, 25 June, 1645.
Directed, "For the Right Honorable the Comittee of both Kingdoms."
Papers about Carlisle, and the Accusation against Messrs. Barwis, &c.
Also a Paper was read, of the Scotts Commissioners,
setting forth the Grounds which moved them to present
formerly to this House a Paper concerning Carlile.
(Here enter it.)
A Second Paper from the Scotts Commissioners, was
read. (Here enter it.)
Next, (fn. *) a Letter was read, written from the Lord
Fairefax, &c. to General Leven; and his Answer to it,
concerning Carlile. (Here enter it.)
Letter from the Gloucester Committee to Sir T. Fairfax, and his Answer.
A Letter from the Committee at Glo'ster to Sir Tho.
Fairefax, was read. (Here enter it.)
Next, the Letter of Sir Tho. Fairefax, in Answer to
it, was read. (Here enter it.)
The Earl of Manchester further reported, "That
the Committee of both Kingdoms have written to Sir
Thomas Fairefax, to (fn. †) do what he shall think fit upon
the Place to be best for the Good of the Kingdom;
and the said Committee hath written to the Scotch,
to desire them to march Southward."
Petition of Mrs. Degennis & al. Widows of Persons who were killed in the Parliament's Service, for Relief.
Upon reading the Petition of Grace Degennis, Bridgett
Ferrer, Gertrude Bringhurst, Francis Leighton, Elizabeth
Hudson, Mary Wood, Barbara Ballard, and Joanna
Morgan; shewing, "That their Husbands have lost
their Lives in the Parliament's Service; desiring some
proportionable Allowance, suitable to the Debentures
of their Husbands, and their Necessities."
It is Ordered, That this Petition be recommended
to the House of Commons.
Walker, Quarter-master to Sir S. Luke, Petition to be freed from an Arrest, by Sir A. Smithes.
Upon reading the Petition of John Walker, Quartermaster to Sir Sam. Luke; shewing, "That, upon Action
of Debt charged against him by Sir Arthur Smithes
Knight, desires he may (fn. *) be discharged by a Habeas
It is Ordered, That Sir Arthur Smithes shall have
a Copy of this Petition, and then return his Answer
within Ten Days.
Col. Vermuden freed from an Arrest.
Colonel Vermudyn was brought to this Bar, by a Habeas Corpus, and discharged from his Imprisonment; because this House received certain Information from the
Treasurer of the associated Counties, that the State owes
Colonel Vermuden more Money than Five Hundred
Pounds, which is the Sum he is arrested for.
E. of Denbigh against Capt. Stone & al. Committees for Stafford.
This Day the Exceptions to the Charge of the Earl
of Denbigh, against some of the Committee of the
County of Stafford, were read; being delivered in by
the Parties themselves.
The said Exceptions were read; and Ordered, That
the Earl of Denbigh and Sir Edward Leech may have a
Copy of them; and that, because the Public may not
suffer, they shall have Liberty to appoint One of themselves to follow this Cause here; and the rest may go
down to their Charges in the County.
Message from the H. C. to fit a while.
A Message was [ (fn. †) brought from] the House of Commons, by Sir Rob't Pye Knight, &c.
To desire their Lordships would please to fit a while.
The Answer returned was:
That their Lordships are content to fit a while, as is
Ordinance concerning Surrey.
The Ordinance for putting the County of Surry into
a Posture of Defence, was read the First Time.
Message from the H. C. with a Letter to be sent to the E. of Leven, to march towards Worcester.
A Message was brought from the House of Commons,
by Mr. Nicolls, &c.
To desire their Lordships Concurrence in a Letter to
General Leven, and in certain Votes:
"1. That this House doth approve of the Desires
of the Committee of both Kingdoms, for the Scotch
Army to march towards Worcester and those Parts, to
prevent the King's recruiting of His Army there."
"2. That a Letter shall be sent, from both Houses,
to General Leven, to desire that the Scotts Army may
with all Speed advance Southwards, and march towards Worcester and those Parts, according to the
Desires of the Committee of both Kingdoms, to prevent the King's recruiting of His Army there."
3. Next, the Letter to the Earl of Leven was read,
and Agreed to. (Here enter it.)
The Answer returned was:
That this House agrees to the Votes and Letter now
L. Savile to be brought before the Committee.
Ordered, That the Gentleman Usher bring the
Lord Savill this Afternoon before the Committee appointed to examine him.
Letter from the Gloucester Committee, to Sir T. Fairfax, to pursue the King.
"The Intelligence brought in to us here is, That the
King is certainly at Hereford; that Gerrard is there;
and that they do with all Earnestness intend and endeavour (fn. ‡) for great Levies both of Men and Money
in those Countries; so as unto us it appeareth most
evident, that they purpose, if they be not disturbed
in those Parts, to raise and form a new Army, which,
if raised, must needs prove most dangerous to these
Parts especially, and unto the whole Kingdom in
general. We cannot, therefore, but humbly represent our Sense and Apprehensions of these Things
unto you; and earnestly desire that it may be taken
into Consideration, whether it may not be the greatest
Service that your Army may undertake, to prosecute
the King, and endeavour to break those Levies, and
so to keep Him stirring, that He may never have any
resting fixed Place or Rendezvous for His new Forces."
25 June, 1645.
Letter from Sir T. Fairfax, for Directions how to act; for his Army to be recruited with Men and Horses; and for some Means to be taken to prevent his Soldiers from deserting.
"My Lords and Gentlemen,
"I desire to hear from you about my last Letters,
being very unwilling to neglect any Service which
is before me; but should be glad of the Addition of
your Commands or Approbation, which gives Life to
my Undertakings: And indeed, until I hear from
you, I am not a little troubled, because I have Two
Ways of necessary Service, to both which I am not
able to apply myself, and yet both call for my Help,
as will appear by these inclosed; that from Mr. Stevens and Mr. Hodges, concerning the King's acting
about Hereford, together with Sir Marmaduke Langdale's Brigade sent to the most Westerly Part of Wales,
to levy Men, and probably to meet with such Irish as
shall come over, together with the Country's Unwillingness (about Hereford) to come in, seems to be
of great Consideration; and those that are unwilling
to serve them, to deserve Countenance. The other
from Colonel Massey, from whom as I formerly received a Doubt of his Ability to perform that Service with so small a Force, so now I perceive he is
informed of the Enemy's Advance towards him, and
that the Enemy is able both to carry on the streightening our Men in and about Taunton, and either to
force the Colonel, with a Party too strong for him
to withstand, to retreat, or run the Hazard of an
unequal Engagement. I am marching on towards
Marleborough, expecting your Answer to my former
Letters. I hear Colonel Massey is this Night between
Blandford and Salisbury, from whom, and from other
Places, I expect frequent Intelligence. If your Lordships command me to advance forwards, I hope (there
being so good Forces in other Parts) you will hasten
them to the other Service, which undoubtedly will
have the easier Work, if their March be with Expedition. I have often humbly represented the State
of the Army since the Fight; and truly, my Lords,
it cannot be expected but there will be a Loss and
Lack of many Things after such an Engagement as
that was. It grieves me to see Men not at all armed,
badly horsed, after so many tedious Marches, Horses
spoiled for Want of Saddles, many Men a-foot who
had their Horses killed, and yet all so willing and
ready to serve you to the uttermost. I hope your
Lordships will not take it ill, that I am a little importunate for the Supply of these Things, because I
do it only out of a Desire to serve you. A Particular
of my Wants I have sent to the Committee of the
Army, hoping it shall have your Lordships Favour
and Furtherance to quicken a Supply. My Horse
are much weakened; many Men who got rich Booty
being gone to bestow it in Places of Safety, and
many Men lie wounded in the Garrisons. It is so with my
Foot, of whom I believe I have not Half the Number
according to the Establishment. The Difficulty of raising Recruits in the associated Counties, which are so
populous, and their suffering Men that run from the
Army to return and continue unquestioned amongst
them, and unsent up to the Army, as they seem
strange, so the latter (if no Course be taken to redress
it) will certainly be such an Encouragement to those
in the Army to quit it, that it will be impossible for
me to keep it up, though I should be recruited every
Day. I desire, therefore, that some Course may be
taken there, by inflicting an exemplary Punishment
upon some of those that do thus return, in the Places
where they are found. I remain
"Your Lordships most humble Servant,
"I have sent Colonel Hamond with this Letter,
who will be ready to give your Lordships such
further Account concerning the Army as you
shall please to require of him. I humbly desire your Lordships speedy Answer by him,
whom I expect to be again with the Army on
the next Lords-day in the Evening, not being
willing to spare any of my Officers to remain
any Time at London. I have writ to Colonel
White, to wait upon your Lordships about the
Leechelade, 26 Junii, 1645.
Letter to the E. of Leven, to march towards Worcester.
"Your Letters, sent to the Committee of both
Kingdoms since you came into Nottinghamsh'r, have
been read in both Houses of Parliament, wherein
they find you are most willing, with all Chearfulness, to undertake whatsoever may conduce most to
the improving the late Victory; for which, and your
other Expressions to employ your Armies to the best
Advantage of the common Cause, the Houses do
return unto you their most hearty Thanks; and understanding from the Committee of both Kingdoms,
that, by their Letters of the 25th and 27th Instant,
they have desired the speedy Advance of your Army
into Worcestersh'r, the Houses do approve thereof;
and do also desire your speedy March accordingly,
which they conceive most necessary, in regard Sir
Thomas Fairfax with his Army is gone far Westward,
for the Relief of Taunton and our Forces there,
whose Necessities were so pressing as we could not
stay Sir Thomas Fairfax till you were acquainted;
assuring ourselves you will therefore make the greater
Expedition, lest the King, who is yet weak, may recruit Himself to a considerable Army, and in the
mean Time plunder and destroy all the neighbouring
Counties. The Houses do take especial Care for the
Month's Pay for your Army: Thirteen Thousand
Pounds of it is ready; the rest will be provided in
few Days, and sent to meet you."
Paper from the Scots Commissioners, concerning the Garrison of Carlisle.
"At the Conference this Day with your Lordships
and these Gentlemen, an Instruction from both Houses
of Parliament to their Commissioners sent to Scotland,
was read; wherein it is desired, that the Townes of
Barwick and Carlile, whensoever they should be secured from the Papists and Malignants, be delivered
over into the Hands of such as shall be appointed to
receive them by the Two Houses of Parliament;
which Instruction was never comunicated to the
Convention of Estates of Scotland, nor their Committees: But as the Grounds of those Instructions
were layde aside, and other Propositions presented to
both Kingdomes, and agreed upon, so contrary to that
Instruction, a Scottish Garrison was placed in Berwick,
by the mutuall Advise and Consent of both Kingdomes, as that which did most conduce to the mutuall Interest of both Nations, and is expressed in
the Narrative of the Treaty concerning that Garrison.
"Wee presented a Paper to both Houses, concerning the Busines of Carlile, the 24th of this Instant;
and shall now give an Accompt of our whole Proceedings therein to the Committee of Estates of the Kingdome of Scotland residing with the Army, to whome
properly the Consideration of Matters of that Nature doth belonge, and who have much more to say
in that Busines then is knowne to us. In the meane
Time, wee thought fitt to communicate to both Houses
of Parliament a Copy of the Letter from the Lord
Fairfax and Committee of Yorke to his Excellency
the Earle of Leven, with his Answer, concerning that
Busines; and do earnestly desier that the Houses
would in their Wisedome be pleased to delay their
Resolution therein (beinge the Subject of a Treaty
betweene the Kingdomes) till the Retorne of the Answer of the Committee of Estates; or, which wee
rather desier, that, according to the earnest Request
of the Earle of Leven and that Committee, in their
Letters reported to the Houses, a Committee may be
speedily sent to the Scottish Army, according to the
Treaty, whereby the Busines of Carlyle and all other
Things concerning that Army may be carryed with
the greater Unanimity and faire Correspondence betweene the Kingdomes.
"By Comaund of the Commissioners for the
Parliament of Scotland.
26 June, 1645.
Letter from the Committees at York to the E. of Leven, about a Proposal from Sir T. Glenham, to surrender Carlisle.
"For his Excellency the Earl of Leven.
"This Day came a Messenger from Sir Thomas
Glenham, with a Message of so strange a Nature as
we never yet received, or heard to be offered to any
before this Time. It was to know, in case he be
compelled to surrender the Town (which, as he faith,
is in a good Condition to defend themselves), to whom,
or what Conditions will be offered him, that he may
safely rely. on: To which we know not what Reply
to make, but refer it to your Lordship's Wisdom and
great Experience in Business of this Kind. We offered
the Messenger Directions and a Convoy for his Attendance on your Lordship; but he refused, in regard we would not return to Sir Thomas Glenham an
Answer in Writing to his verbal Message.
Your Excellency's most humble Servants,
Yorke, the 21th of June, 1645.
E. of Leven's Answer, that he has sent Gen. Leslie to treat about it.
"For the Lord Fairfax and the Comittee at
"I wish the Messenger that came from Sir Thomas
Glenham had come forward to this Place, by whome
I might have knowne the Perticulers of the Message
more cleerely then I can understand by your Lordship's
Letter, which mentioneth a strange Offer; whereunto
if your Lordship knew not what Reply to make, I
can farr less know. However, I have sent Liuetenant
Gennerall Lesley, with Power from me concerning
that Treaty and Capitulation with the Towne of
Carlile, trustinge there shall be such Complyance and
Agreement betweene him and the Comissioners of
Parliament upon the Place as shall give Satisfaction
to all that are concerned in the Busines.
"And so I remaine
Your humble Servant,
Nottingham, 23 June, 1645.
Paper from the Scots Commissioners, concerning their Information against Sir Wilfred Lawson, Messrs, Barwis, Lamplugh, &c.
"Accordinge to the Desier of the House of Commons,
that wee should acquaint the Members of that House
that are of the Committee of both Kingdomes upon what Grounds wee delivered in the Informations
wee received concerning a Member of that House
and other Persons; wee retorne this Answer:
"That these Informations were delivered to us by
John Osmontherly, a Member of the Committee of
Cumberland, and John Musgrave Gentleman, under
their Hands, who declared they were ready to justisie
and make them appeare.
"That they shewed to us these Articles under the
Hands of about Seaven Score of the Gentlemen and
Inhabitants of the Country.
"That they had Recomendations from Collonel
Cholmley, a Member of the Committee of Cumberland, and a Collonel of a Regiment of the Parliament's Forces there, who is a religious and worthy
Gentleman; of whose Affection and Forwardnes in
the Cause, the Kingdome of Scotland hath much Experience.
"That Collonel Cholmley, in his Recommendation,
approves of the Articles, and engages his Life for
the Fidelity of the said Mr. Osmontherly and Mr.
"That wee have received diverse Testimonies from
Persons heere in Towne, to whome wee give much
Creditt, of the Fidelity of the said Mr. Osmontherly
and Mr. Musgrave; as,
"1. That, before the coming in of the Scottish
Army into this Kingdome, John Osmontherly
raised for the Service of the Parliament, of
his Freinds, Tennants, and Servants, 500 Men,
and opposed the Commissioners of Array, till
they were betrayed by Sir Wilfured Lawson,
and Sir Patricius Curwyn, neere Kinsman
also to Mr. Barwis, who, beinge chosen Comaunders by the County, joyned with the
Enemy; whereupon they were all unexpectedly seized on and disarmed, and the said Mr.
Osmontherly was forced to fly for his Life.
"2. That Mr. Musgrave suffered much under the
Tyranny of the Earle of Strafford, was made
Use of as a Wittnes by the Parliament against
the Earle of Strafford; and, in the Beginning of these Troubles, was 26 Weekes imprisoned by the Commissioners of Array, and
afterwards was banished his owne Country.
"3. That the said Mr. Musgrave is of a different
Judgement from the Church of Scotland in
Matter of Church Government, and stands
for the Independency of perticuler Congregations; and therefore his Information is the
less to be suspected of Partiality towards the
"Concerninge the Matter of the Informations:
"1. Wee finde them agree with the Informations
wee received from the Scottish Army.
"2. That it was no new Busines, that they had
attended the House of Commons 13 Weekes in Winter, with Articles against those Persons; and in February last were referred to a Committee by the House
of Commons, but nothing don thereupon.
"3. That they were now returned with further Articles and Informations against those Persons; were
attending the House, but, by reason of the Multiplicity of Busines, could not bee heard; and therfore intreated for our Assistance, which, in Matters
of that Consequence, that did so much conduce to
the preventinge of Misunderstandings betweene the
Kingdomes, and the Vindication of the Scottish Army,
wee could not deny: These were the Grounds upon
which wee delivered in those Informations; and upon
the whole Matter wee desire, That the Busines, in
so farr as concernes the Scottish Army, may be examyned by a Committee upon the Place, authorised
by both Kingdomes for that Purpose, accordinge to
the Ninth Article of the late Treaty betweene the
"That all Matters of Difference that shall happen
to arise, betweene the Subjects of the Two Nations,
shall be resolved and determyned by the mutuall Advise and Consent of both Kingdomes, or by such
Committees as for this Purpose shall be by them
appointed, with the same Power as in the precedent
"By Comaund of the Commissioners
for the Parliament of Scotl.
26 June, 1645.
House adjourned till 9a, Monday.