House of Lords Journal Volume 8
23 March 1646

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1767-1830

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'House of Lords Journal Volume 8: 23 March 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 226-233. URL: http://www.british-history.ac.uk/report.aspx?compid=33986 Date accessed: 30 August 2014.


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Contents

DIE Lunæ, 23 die Martii.
E. of Newport, Leave to take the Air. His Bail. Baron Trevor and Alderman Chambers. Porter to be Judge of the Admiralty for Devon, &c. Message to the H. C. about it; to expedite the Letter to the Prince; with Mr. Norton's Ordinance; and for a Conference about the Propositions. Committee for St. Paul's and Parishioners of St. Gregory's. Le Cæur versus Legay and Fairfax. Chamberlain and Nicholls. Doughty's Ordinance, to be Minister of Medborne. Wright to be instituted to Green's Norton. Message to the H. C. with Passes for Horses to be sent to France. Dr. Bastwick's Damages, for Sentences against him in the Starchamber, &c. Nisbet's Order to be Minister of Kirtlington. Petition from the Assembly of Divines, about Church Government, &c. Answer to them. Message from the H. C. with the Articles for disbanding Ld. Hopton's Army; with Letters from Sir W. Brereton, &c. that they had taken Sir J. Ashley; with Orders for Thanksgiving, &c. for Committees to acquaint the City with these Matters, &c. with a Letter to Sir T. Fairfax; and an Ordinance, &c. Answer. Letter from the Scots Commissioners. Ordinance concerning Leicester Hospital. Articles for disbanding Ld. Hopton's Army in Cornwall, between Commissioners named by Ld. Hopton and Sir T. Fairfax. Letter from Sir T. Fairfax about them, and that St. Mawes Castle had surrendered. Order for a Thanksgiving for the disbanding of the King's Army in the West, under Sir R. Hopton. Letter from Colonel Birch, that he had routed Sir Jacob Ashley's Forces, and taken him Prisoner. Letter from Sir W. Brereton, on the same Subject. Order for Thanksgiving for this Success. Preachers at the Thanksgiving. Order to continue the Ordinance for the Northern Association. Letter of Thanks to Sir T. Fairfax. Paper from the Scots Commissioners, for Discovey of Wright, &c. who aspersed the Scots. Paper from the Admiralty Committee, for the Shipwrights Company to pay Keeling, their Clerk, his Wages, House rent, &c. Petition from the Assembly of Divines, concerning Church Government, and for excluding improper Persons from the Sacrament. Footnotes

DIE Lunæ, 23 die Martii.

PRAYERS, by Dr. Burges.

Comes Manchester, Speaker.

Comes Essex.
Comes Pembrooke.
Comes Sarum.
Comes Suffolke.
Comes Warwicke.
Comes Kent.
Comes Bolingbrooke.
L. Viscount Say & Seale.
Comes Denbigh.
Comes Lyncolne.
Comes Midd.
Ds. North.
Ds. Robertes.
Ds. Willoughby.
Ds. Howard.
Ds. Wharton.
Ds. Grey.
Ds. Bruce.
Ds. Maynard.
Ds. Dacres.

E. of Newport, Leave to take the Air.

Ordered, That the Earl of Newport shall have Liberty to go abroad, and take the Air, within Four or Five Miles from London, for his Health's Sake.

Hereupon the Earl of Newport was called in, with his Sureties; and, at the Bar, entered into Recognizance as follows:

His Bail.

£.
"Mountjoy Comes de Newport recognovit se debere Domino Regi. 2000
Nic. Leeke Esquire recognovit se debere Domino Regi. 500
Rob'tus Christopher Esquire recognovit se debere Domino Regi 500

"The Condition of the aforesaid Recognizance is, That Mountjoy Earl of Newport shall be a true Prisoner to this House, and shall not go further than Five Miles from the Lines of Communication about London."

Ordered, That the former Recognizance entered into by the Earl of Newport and his Sureties is vacated.

Baron Trevor and Alderman Chambers.

Ordered, That no Proceedings in this House shall be against Mr. Baron Trevor, upon the Petition of Alderman Chambers, wherein he desires Reparations against him and others.

The Earl of Warwicke reported from the Committee of the Admiralty Two Papers; videlicet,

Porter to be Judge of the Admiralty for Devon, &c.

"Die Sabbati, 21th of March, 1645.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"Ordered, That Roger Porter Gentleman be recommended to both Houses of Parliament, by the said Committee, for their Approbation in admitting of the said Mr. Porter to be Judge Admiral for the Counties of Devon and Cornwall."

Agreed to.

Another Paper was read, and Ordered accordingly.

(Here enter it.)

Message to the H. C. about it;

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

1. To desire Concurrence in the Order for Mr. Porter to be Judge of the Admiralty for the Counties of Devon and Cornwall.

to expedite the Letter to the Prince;

2. That whereas this House sent down to them a Letter, for to invite the Prince to come into the Parliament Quarters, concerning which this House hath heard no Answer; therefore (fn. *) desire them to give Expedition therein.

with Mr. Norton's Ordinance;

3. To desire Concurrence in the Ordinance concerning Mr. Norton, Minister, to have the Parsonage of Harlaxton in Lynconshire.

and for a Conference about the Propositions.

4. To desire a Conference To-morrow Morning, in the Painted Chamber, by a Committee of both Houses, concerning the Propositions.

Committee for St. Paul's and Parishioners of St. Gregory's.

Upon reading the Petition of the Inhabitants (fn. †) and Parishioners of Gregorie's Parish: It is Ordered, That the Committee of this House concerning that Business shall meet To-morrow in the Afternoon peremptorily; and the Petitioners to give Notice to the other Parties to attend accordingly.

Le Cæur versus Legay and Fairfax.

Upon reading the Petition of Monsieur Le Cœur against Legay and Fairefax: It is Ordered, That it is referred to the same Committee as is appointed for Gregorie's Parish, to meet To-morrow in the Afternoon, and hear both Parties; and afterwards to make Report thereof to this House: In the mean Time, the Defendants are to be served with this Order, and to have a Copy of the Petition.

Chamberlain and Nicholls.

The House taking into Consideration the Business between Chamberlaine and Nicolls, formerly heard by Counsel on both Sides at this Bar: It is Ordered, That it be referred to all the Judges, or any Two of them, to consider whether the Sixteen Hundred Pounds which Mr. Chamberlaine, One of the Executors to Nic. Ashwith Testator, owes to the Estate, be liable either in Law or Equity, as be Assets for Payment of Legacies; and the Parties, with their Counsel, to attend the Judges, and to report their Opinions to this House with all convenient Speed.

Doughty's Ordinance, to be Minister of Medborne.

The Ordinance for presenting Tho. Doughty to be Minister of the Rectory of Medborne, in the County of Leycester, was read the Third Time, and Agreed (fn. *) to; and Ordered to be sent down to the House of Commons, for Concurrence.

Wright to be instituted to Green's Norton.

Ordered, That Dr. Heath do give Institution and Induction to James Wright, to the Rectory of Greene's Norton, in the County of North'ton; he having a Presentation by the Broad Seal.

Message to the H. C. with Passes for Horses to be sent to France.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To desire Concurrence in Three Passes, for Horses to be transported into France, for the Use of Three French Noblemen:

1. For Monsieur De Muii, for Twelve Horses, Custom-free.

2. For Monsieur Vericheirs of Buillon, for Ten Horses, Custom-free.

3. For Monsieur Charrott Governor of Calice, for Ten Horses, Custom-free.

Dr. Bastwick's Damages, for Sentences against him in the Starchamber, &c.

This Day the Counsel of Dr. Bastwicke was heard; and it appeared to this House, by Proof upon Oath, That his Estate in Land was worth in Essex Two Hundred Pounds per Annum, which he sold; and his Practice as Doctor of Physic was as much; of all which he was utterly deprived, by reason of Two Sentences unjustly (fn. *) and illegally given against him; as, in the High Commission Court One Thousand Pounds, in the Star-chamber Five Thousand Pounds, only for writing of a Book, The Supremacy of the Romish Bishops; and for this he desired Damages."

The House, taking the Particulars into Consideration, gave Judgement, "That Dr. Bastwicke shall have Four Thousand Pounds paid him, by Way of Damages, for his Losses sustained by those unjust and illegal Sentences against him."

And it is Ordered, To be referred to the same Committee as is appointed for Lieutenant Colonel Lilborne's Business, to call the Persons before them that have had the greatest Hand in the Business, and to consider how to raise the said Four Thousand Pounds.

Nisbet's Order to be Minister of Kirtlington.

An Order was brought in, and read Twice, for presenting Philip Nisbett to the Parsonage of Kirtlington, in the County of Yorke.

Petition from the Assembly of Divines, about Church Government, &c.

A Petition was this Day presented, by Mr. Marshall, from the Assembly of Divines; which was received by this House, and commanded to be read.

Upon which, the Ministers of the Assembly withdrew.

(Here enter it.)

Ordered, That this Petition shall be taken into Consideration on Friday Morning next.

Answer to them.

The Ministers of the Assembly were called in; and the Speaker gave them this Answer, "That this House hath appointed a particular Day, when they will take this their Petition into Consideration."

Message from the H. C. with the Articles for disbanding Ld. Hopton's Army;

A Message was brought from the House of Commons, by Sir John Evelyn Knight;

To deliver divers Particulars to their Lordships:

1. Sir Tho. Fairefaxe's Letter and the Articles.

(Here enter (fn. †) them.)

2. An Order for Thursday come Sevennight for a Day of Thanksgiving, for the good Success in the West.

(Here enter it.)

Agreed to.

with Letters from Sir W. Brereton, &c. that they had taken Sir J. Ashley;

3. A Letter from Colonel Birch,
and
concerning the Taking of
Sir Jacob Ashly, and routing
the Forces under
his Command.
A Letter from Sir Wm. Brereton,

(Here enter them.)

with Orders for Thanksgiving, &c.

4. An Order for Thanksgiving for this good Success.

(Here enter it.)

Agreed to.

5. That Mr. Peters and Carryll do preach at the Thanksgiving for the Western Success. (Here enter it.)

Agreed to.

for Committees to acquaint the City with these Matters, &c.

6. To desire to name a Committee, to join with a Committee of the House of Commons, to go to the Common Council of the City of London, to acquaint the City with the General's Letter, and the Articles for disbanding of the Forces of the Enemy in the West; and also with the several Successes of the Army under the Command of Sir Tho. Fairefax this last Year.

Agreed to.

Ordered, That the Committee of Twelve which formerly went into the City is appointed to go into the City about this Business on Thursday next, in the Afternoon; and to meet with the Committee of the House of Commons this Afternoon.

with a Letter to Sir T. Fairfax;

7. A Letter to Sir Thomas Fairefax was read, and Agreed to. (Here enter it.)

and an Ordinance, &c.

8. An Ordinance for continuing the Ordinance for the Northern Association, was read, and Agreed to.

(Here enter it.)

9. An Order for Thursday next come Three Weeks, for a Thanksgiving-day, for the Western Success, in the Counties within Ten Miles of London.

Respited.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their own, to the Order concerning Thursday come Three Weeks to be Thanksgiving; and that this House agrees to send a Committee into London, to acquaint them with the Letters of the Successes of Sir Tho. Fairefaix; and have appointed the Committee of Twelve Lords, to join with a Committee of the House of Commons, to go into London, to the Common Council, as is desired, on Thursday next; and to meet this Afternoon: As to all the rest of the Particulars of this Message, this House agrees.

Letter from the Scots Commissioners.

A Letter from the Scotts Commissioners was read, and Ordered to be sent to the House of Commons.

(Here enter it.)

Ordinance concerning Leicester Hospital.

The Ordinance concerning the Hospital of Leycester was Agreed to, with an Alteration; which is to be sent to the House of Commons, for their Concurrence therein.

"Truro, March 14, 1645.

"Articles of Agreement, concluded betwixt Commissary General Ireton, Colonel John Lambert, Colonel John S. Aubin, Commissary General Stane, Captain Edward Herle, and Richard Deane Comptroller of the Ordnance, Commissioners appointed on the Behalf of his Excellency Sir Thomas Fairefax Knight, General of the Parliament's Army, of the one Part; and Colonel Charles Goreing, Colonel Marcus Trevor, Colonel Thomas Panton, Colonel Jordan Bovill, Sir Richard Prideaux Knight, and Major Goetree, Commissioners appointed in the Behalf of the Right Honourable the Lord Hopton, General of His Majesty's Army, on the other Party; as followeth:

Articles for disbanding Ld. Hopton's Army in Cornwall, between Commissioners named by Ld. Hopton and Sir T. Fairfax.

"1. It is concluded and agreed, that no Person in the Lord Hopton's Army, not formerly by Name excepted by the Parliament from Pardon, shall be excluded from the Privilege of this Treaty, either as being a Foreigner, or for having formerly served the Parliament, but shall equally have the Benefit of what shall upon the Treaty be granted to other Persons of that Quality that they are of in the Army; and for any Persons by Name excepted by the Parliament, they shall have present Liberty (if they desire it) to go beyond Seas, with like Recommendation and Equipage as others of like Quality; or, if they desire it, to live at Home in England, to make their Addresses to the Parliament for that or other Purpose, they shall have Leave, and reasonable Time so to do, and the General's Protection to live quietly and at Liberty in any Place they shall nominate and chuse, within the Parliament's Quarters, until they have received the Parliament's Resolution; and if the Parliament shall not think fit to grant such their Desires, they shall then have Leave and Passes to go beyond Sea as before, or to any of the King's Armies or Garrisons as they shall think fit.

"2. That the Army and Forces under the Command of the Lord Hopton shall, within Six Days after the Date hereof, be wholly disbanded and discharged, by the Lord Hopton, and the General Officers, Colonels, and other Officers under his Command, according to the several Charges in Manner hereafter expressed:

"3. That all Common Troopers, Corporals of Horse, Farriers, and Sadlers, that are mounted, being of or belonging to the Forces under the Command of the Right Honourable the Lord Hopton, shall bring in and deliver up their Horses, with their Bridles and Saddles, and all their Arms, unto his Excellency Sir Thomas Fairefax, or unto whom he shall appoint to receive them, in Manner, Time, and Place, as is hereafter expressed: Provided, That all Corporals, and such Common Troopers as shall appear Gentlemen of Worth, and such other Troopers as shall go beyond Sea, shall be allowed to keep and carry away with them their Swords.

"4. That, upon Performance hereof, they shall receive Twenty Shillings a Man, or keep their Horses; and shall have their Passes to go to their Homes in England, or beyond Sea, with their Bag and Baggage, which they shall have Leave to carry with them, or dispose of them as they please; and to those to whom Swords are allowed as before, to pass with their Swords.

"5. That the Commission Officers of Horse under the Lord Hopton, for their several Troops respectively, shall cause the said Horses and Arms to be duly delivered in, without Changes, Spoiling, or Embezzlement among themselves, according to the Effect of the First Article, before going.

"6. That, this being performed, all the said Commission Officers of Horse in present Command, and all Trumpeters belonging to them, shall have Liberty to go away, either to their Homes in England, or beyond the Seas, with their Bag and Baggage; and also they shall have such Number of Horses and Equipage as is hereafter allowed, according to their several Qualities; that is to say,

"1. For those that shall chuse to go beyond the Seas, the full Number of Horses and Fire Arms, if they have so many of their own.

"To Trumpetes, One Horse apiece, and their Trumpets.

"To Quarter-masters, Two Horses, and One Case of Pistols.

"To Cornets, Three Horses, and Two Case of Pistols.

"To Lieutenants, Four Horses, and Three Case of Pistols.

"To Captains, Majors, and Lieutenant Colonels, Six Horses, and Four Case of Pistols.

"To Colonels, Eight Horses, and Six Case of Pistols.

"To the Adjutant General, Six Horses, and Four Case of Pistols.

"To the other Adjutant of Brigades, Three Horses apiece, and One Case of Pistols.

"To the Scout-master General, Six Horses, and Two Case of Pistols.

"To the Quarter-master General, Six Horses, and Two Case of Pistols.

"To the Marshal General, Four Horses, and One Case of Pistols.

"To the Deputy Quarter-master General, Two Horses.

"To the Deputy Scout-master, One Horse.

"To the Major General, Twelve Horses, and Six Case of Pistols.

"To the Commissary General of Horse Provisions, Three Horses, and a Case of Pistols.

"To the Commissary General of Victuals, Three Horses, One Case of Pistols.

"To the Chirurgeon General, Three Horses.

"To Quarter-masters of Brigades, Three Horses, One Case of Pistols.

"To Chirurgeons of Regiments, Two Horses.

"To all these, except Chirurgeons, their desensive Arms and Swords, for themselves and their Servants; and unto every Field Officer, One Carbine; and Chirurgeons, their Swords.

"2. 2ly, To (fn. *) those that shall chuse to abide in England, with the General Sir Thomas Fairefax's Protection, and to live at Home, shall have their Proportions as followeth:

"The Trumpeters, One Horse apiece, and their Trumpets.

"To Quarter-masters, One Horse apiece.

"To Cornets and Lieutenants, Two Horses apiece, and One Case of Pistols.

"To Captains, Three Horses apiece, and One Case of Pistols.

"To Majors, Four Horses apiece, One Case of Pistols.

"To Lieutenant Colonels, Five Horses apiece, One Case of Pistols.

"To Colonels, Six Horses apiece, and Two Cases of Pistols.

"To the Major General, Ten Horses, and Three Cases of Pistols.

"To the Adjutant, Six Horses, One Case of Pistols.

"To the Adjutants of Brigades, One Horse apiece, and One Case of Pistols.

"To the Quarter-master General, Six Horses, and One Case of Pistols.

"To the Marshal General, Three Horses, and One Case of Pistols.

"To the Deputy Quarter-master General, Two Horses.

"To the Scout-master General, Four Horses, and One Case of Pistols.

"All these to have Swords for themselves and their Servants.

"To the Commissary of Horse Provision, Two Horses, and a Case of Pistols.

"To the Commissary of Victuals, Two Horses, and a Case of Pistols.

"To the Deputy Scout-master, One Horse.

"To the Quarter-masters of Brigades, Two Horses.

"To the Chirurgeon General, Two Horses.

"To Chirurgeons of Regiments, One Horse.

"To Chaplains, Two Horses.

"All these, except Chaplains, to have Swords for themselves and their Servants.

"7. That the precedent Articles, concerning the Surrender of Troopers Horses, &c. being performed, if any Officer in Command, that useth to live at Home, shall appear to have more Horses of his own than what he is before allowed by the last precedent Article, the Commissioners of Sir Thomas Fairefax's Part will recommend it to his Excellency's Favour, that they may enjoy the Benefit of such Horses of their own, to the same Number as Officers of like Quality as are to go beyond Sea.

"8. That of the Reformado Officers that use to live at Home in England, Reformado Quarter-masters shall have the same Conditions as Corporals in Command; Cornets and Lieutenants shall go away with One Horse apiece; Captains, Majors, and Lieutenant Colonels, with Two Horses apiece; and Colonels with Three Horses apiece; if they have so many of their own, and One Case of Pistols. Those Reformadoes that desire to go beyond Seas to have Half the Proportions of Horses and Arms allowed in that Case to Officers of the like Quality in present Command, if they have them of their own; and all of them to go with Swords, Bag, and Baggage, or dispose thereof at Pleasure.

"9. That all Gentlemen of Quality in Arms, or not in Arms, but living under the Protection of the said Army, shall have Liberty either to go unto their own Houses, or beyond the Seas, with Bag and Baggage, and Equipage, according to their several Qualities, as followeth; that is to say,

"1. A Knight, with Four Horses, Three Servants, One Case of Pistols, and their Swords.

"An Esquire, with Three Horses, Two Servants, One Case of Pistols, and their Swords.

"A Gentleman, with Two Horses, One Servant, One Case of Pistols, and their Swords.

"A Gentleman of lowest Rank, with One Horse for himself, and a Sword.

"Scholars and Clergymen to have One Horse at the least, or more according to their different Degrees, at the General's Discretion.

"10. That all those who, according to the Effect of these Articles, shall choose to go beyond the Sea, Passes shall be granted from the General Sir Thomas Fairefaxe accordingly; and to those who, being English, shall choose to live at Home, Passes for that Purpose, and Protection for their Liberty of their Persons, and also for the Freedom of their Estates from all Plunder or Violence of Soldiers; and that such Gentlemen or others that have considerable Estates may have the General's Letters of Recommendations to the Parliament (if desired) for their moderate Composition.

"11. That, after the Performance of these Articles so far to disbanding and delivering up of what is to be delivered, all Officers and Soldiers that shall, according to these Articles, choose to go beyond the Seas shall have sufficient Quarters assigned them, by Sir Thomas Fairefax, near convenient Forts for their Transportation; and that they shall have Twenty-eight Days allowed to stay in England, from the Day of their several Disbanding; and that the Charge of Quartering their Horses be discharged by themselves, after the First Fourteen Days, for the Time of their further Stay; that the General will appoint Men to take Care that Shipping shall be provided, for transporting the Persons, Arms, Bag, and Baggage, they paying the accustomed Rates.

"12. That a certain Number, Officers of the Lord Hopton's Army, not exceeding Forty, upon the Lord Hopton's Commissioners Request, shall be permitted to have Passes, for themselves and their Servants, Horses, and Necessaries, to go to Oxford: Provided, That their Servants exceed not the Number of Two, their Horses Three, to every One respectively.

"13. That the Lord Hopton shall be allowed, for his own Use, all his Horses provided that they exceed not the Number of Forty, and Arms for himself and Twelve Men; and that the Lord Wentworth shall have all his Horses provided that they exceed not Twenty-five, and Arms for himself and Eight Men; and Places assigned them for Conveniency of Quarters.

"14. That such Englishmen as shall choose to abide in England at their Houses, and all Foreigners of the said Army, shall engage themselves by Promise, in such Form as is herewith agreed on, not to bear Arms any more against the Parliament of England, not to act any Thing wilfully prejudicial to the Parliament Affairs, without first rendering themselves Prisoners to the Parliament; and likewise all such English as shall choose to go beyond the Sea shall engage themselves in the like Promise, for Three Years next ensuing the Date hereof, or otherwise shall lose the Benefit of these Articles; excepting the Lord Hopton and Lord Wentworth, and the Number of Officers allowed to go to Oxford in the Twelfth Article before going, who are, by the Intention of these Articles, left free from such Engagement.

"15. That all Horses, Arms, and Furniture of War, belonging to, or in the Hands of, any Person in the said Army, not allowed in the precedent or subsequent Articles to be carried away, shall be delivered up, to such Persons, and at such Places, near Truro, or Sir Thomas Fairefaxe's Head Quarters, as his Excellency shall appoint, within Six Days after the Date hereof, without Spoil or Embezzlement, at the Care as well of the General Officers of the said Army, and all Commanders in their several Charges as by the Persons themselves to whom such Arms or Furniture of War do belong, or in whose Custody they were.

"16. That whosoever shall, after the Conclusion of this Treaty, purposely break, spoil, or embezzle, any of the Arms, Horses, or Furniture, agreed and concluded to be delivered up in this Treaty, shall forfeit the Benefit due unto him by any Article in the Treaty; and if any of the said Army, after the Conclusion of this Treaty, shall plunder or wilfully do any Violence unto any Inhabitants of the Country, he shall give Satisfaction unto the Party so wronged, or lose the Benefit of the Treaty; and that the Commissioners of both Parties, or any Three of them, whereof One or more to be of Sir Thomas Fairefax's Party, and One or more to be of the Lord Hopton's, shall have Power to hear and determine all such Cases accordingly.

"17. That the said Army and Forces under the Command of the Lord Hopton, from the Time of the Conclusion of this Treaty until the Time of their drawing out to be disbanded, as in the ensuing Articles, shall be quartered in such Places Westward from Truro as Sir Thomas Fairefax shall appoint, which shall be large enough for their Accommodation; and that the Cessation of Arms, and of all Acts of Hostility betwixt the Two Armies, shall continue until the Time of the complete Disbanding of the Lord Hopton's Army.

"18. That, for the Disbanding of the said Forces, and Delivering-up of Horses, Arms, &c. in Performance of the precedent Articles, every Brigade and Regiment under the Lord Hopton's Command shall, by the respective Commanders, be drawn out into such Places of Rendezvous, within Two Miles of Truro, or Sir Thomas Fairefax's Head Quarters, and upon such Days, as Sir Thomas Fairefax shall for them jointly or severally appoint; Notice of the Time and Place being given to his Excellency in Writing Sixteen Hours before-hand, under the [ (fn. *) Hands of the] Commissioners of the Lord Hopton's Part, or any of them, Two or more of whom shall, for that and other Purposes, continue at Sir Thomas Fairefax's Head Quarters until the Disbanding be finished; and that the Quarter-master General or Adjutant of the Lord Hopton, with One Horseman from every Brigade, shall also be there with them; and that none of the said Brigades or Regiments shall be drawn out of the Quarters (which shall be assigned to them as before) otherwise than upon and according to such Notice from Sir Thomas Fairefax as before, except to and for their ordinary Guards.

"19. That (fn. †) on or before the drawing out of the several Brigades or Regiments unto such Rendezvous as before, the Chief Commanders of them respectively shall deliver, unto whom Sir Thomas Fairefax shall appoint, a true and perfect List of the Regiments and Troops in the several Brigades, and of all Officers and Soldiers in their several Troops; expressing by Name which of them do choose to go beyond Sea, and which do go to live at Home, and also who are Reformadoes, and in what Degree of Command they have served in; and that, at the same Times and Places, the Horses, Arms, and Furniture, by virtue of the precedent Articles to be delivered up, shall be delivered up accordingly, and all the Officers and Soldiers disbanded and discharged; and there shall receive their Passes, with Warrants for Quarters by the Way for One Night in a Place, and be conveyed towards their several Homes as far as Chard if they go so far, or unto Quarters assigned them for their Transportation, according to the preceding Articles.

"That, for the further Performance of these Articles, Two Colonels of each Army shall be mutually delivered and kept as Hostages.

"H. Ireton.
"Jo. Lambert.
Jo. S. Aubin.
Wm. Stane.
Edward Herle.
Rich'd Deane.
Charles Goreing.
Marcus Trevor.
Thomas Panton.
Jordan Bovill.
Rich'd Prideaux.
Jean. Goteere."

Letter from Sir T. Fairfax about them, and that St. Mawes Castle had surrendered.

"SIR,

"Whilst I lay at Bodman for the necessary Refreshment of the Army, and to block up the Passages from Bodman to the North and South Sea, I sent a Summons, with Propositions to Sir Ralph Hopton and the Army under his Command, a Copy whereof I have here inclosed; being encouraged hereunto by some of the Enemy's Officers and Soldiers, who came in to me, and informed of their Inclinableness to Conditions, and hoping thereby either to bring them to such Terms as should be to your Advantage, or would distract and weaken them; and withall understanding, by the intercepted Letters I sent you, that an Irish Infantry was ready to beshipped for England; I thought fit to try all Means which in Probability might break their Body of Cavalry upon the Place. When I had dispatched these Propositions to the Enemy, I advanced upon Monday with all the Army from Bodman towards Truro, Truro being then the Enemy's Head Quarters, and to Treg'ny, where I quartered that Night.

"Sir Raph Hopton sent a Trumpeter to me, with a Letter, desiring to have Commissioners appointed on both Sides, to meet at Tresilian Bridge the next Day, with Power to treat and conclude; which I assented unto. The Treaty accordingly began, the Commissioners meeting about Four of the Clock in the Afternoon; and I in the mean Time advancing the Quarters of the Army to Truro and St. Allan. After some Time spent between the Commissioners, this Agreement was made, a Copy whereof I have here also inclosed; and, in Execution thereof, this Day we began to disband the French Brigade under Colonel Lapland: To-morrow we proceed with Three other Brigades, they having Nine in all; and shall endeavour to shorten this Work as much as may be. Truly, Sir, this must needs be acknowledged for an admirable Mercy from the same gracious Hand of Providence that hath hitherto gone along with you, that so considerable a Force as this should be so baffled first at Torington, and afterwards should put themselves as it were into a Net, whereby they were necessitated to take Terms, to the utter Ruin of so great a Body of Cavalry, which, according to all our Informations and the Confessions of our Enemies, was not less at the Time of the Treaty than Four Thousand Five Hundred Horse. The Articles of Agreement will speak the Mercy, and need no Comment; yet I hope I may make this Observation upon them, that hereby not only so great a Body of Cavalry is broken, but so many both Officers and Soldiers disobliged from taking Arms against you; and this at such a Season, when a Foreign Aid's ready, as the Earl of Glamorgan's Letters sent up formerly (and now sent you) speak at large. The timely freeing of us for other Service that remain, with Discouragement put upon the Enemy's Garrisons in these Parts, which we hope will cause them the more speedily to come in, we trust will be good Consequences of this Work. It's the Desire of us all, the Praise of all may be returned to God, to whom it is only due. The Reputation of this hath already produced a Surrender of St. Mawes Castle, wherein we found about Thirteen Guns and good Proportion of Ammunition, which Place gives you a better Interest into Falmouth Harbour than the Enemy hath; for, by the Advantage hereof, you may bring in Shipping without Hazard, which they cannot. It hath also occasioned the coming in of between Three and Four Hundred Foot of the Enemy's, with their Arms, to me; and given the Country such Heart against them, that Peryn (a Town formerly not very well-affected) and in St. lve they stand upon their Guard against the Enemy. For further Particulars concerning this Business, I refer you to Mr. Peters, who, since he came into this County (where he was born), hath very much furthered the Service, in the bringing of the Country in so freely to the Protection of the Parliament.

"I remain

"Your most humble Servant.

"T. Fairefax.

"For the Honourable William Lenthall Esquire, Speaker of the Honourable House of Commons."

Order for a Thanksgiving for the disbanding of the King's Army in the West, under Sir R. Hopton.

"Ordered, by the Lords and Commons assembled in Parliament, That Thursday Sevennight be set apart for a Day of Public Thanksgiving to Almighty God, for the great Success of the Army under the Command of Sir Thomas Fairefax, General against the Enemy in the West, in breaking and destroying their Armies, and giving them up into the Hands of the Parliament; to be observed and kept in all the Churches and Chapels within the Cities of London and Westm. and Liberties thereof, and Lines of Communication, and Ten Miles about; and that the Lord Mayor be desired to take Care that the respective Ministers within the Limits aforesaid may have timely Notice hereof."

Letter from Colonel Birch, that he had routed Sir Jacob Ashley's Forces, and taken him Prisoner.

"Honoured Friend,

"According to the Command I received from the Right Honourable the Committee of both Kingdoms, I drew out from Hereford Six Hundred Horse and Foot, with which I joined on the Lord's-day last with Colonel Morgan and Evesham Forces. I led my own Men in Person; and so we lay waiting about Evesham the Enemy's Motion for Six Days together, and every Day expecting to be engaged; and the last Day the Enemy came over the River Avon very strong (as it was reported Three Thousand), and so came before us to Stow this Morning: But we followed him close all Night; and this Morning, about Break of Day, we joined Battle; and, after an Hour's Dispute very hard and dubious, we routed them, took Prisoners the General himself, with divers Colonels, Captains, and other Commission Officers (the Certainty whereof I cannot yet send you up); slew about Two Hundred upon the Place, with very little Loss of ours. We give God the Glory for all. Sir, I beseech you excuse my Brevity at present, being upon our March back. Be pleased to continue me

Stow, this 21th March, 1645, at 5 of the Clock in the Evening.

"Your most real Servant,

"John Birch.

"For my Truly-honoured Friend Thomas Pury Esquire, Member in the Honourable House of Commons. These."

"For the Truly-honourable Wm. Lenthall Esquire, Speaker in the Honourable House of Commons. These. Haste.

"Truly Honourable,

"That wonderful Success the Lord hath given us here this Day, this Gentleman, who commanded the Forlorn of Firelocks very active, will give your Honours an Account of, with the Manner of it; which I do not here relate, because, in our joint Letter, we have presented you therewith. I humbly desire your favourable Thoughts for those great Wants which my Regiment is in, which I have formerly made bold to present you withall; which is the humble Request of,

Stow, this Saturday, 21th March, 1645, at 4 a Clock.

"Sir,

"Your Honour's

Most faithful Servant,

"Jo. Birch."

Letter from Sir W. Brereton, on the same Subject.

"SIR,

"God (blessed be His Name) hath rescued us as gloriously and graciously this Day as in many of our former great Mercies. After Two Nights and a Day's March, I came up to Colonel Morgan and Colonel Birch about Three of the Clock this Morning (near Stowe, on Cotscole Hills). We fell on between Four and Five. It was carried on somewhat doubtfully, and almost dangerously at first; but God renewed (fn. *) our Courage, gave us the Day, Sir Jacob Ashley Prisoner, some Colonels, Lieutenant Colonels also, and all the Foot with their Arms. Leisure will give the Particulars. God, that hath done all, must have all the Glory. The Lord increase our Thankfulness more and more.

Stow, March, 21th 7 a Clock Morning.

"Sir, I am

"Your humble Servant,

"Wm. Brereton.

"The Bearer, an Eye-witness, and can say more; and myself testify the most gallant and valiant Behaviour of our Two above-named Colonels, Colonel Morgan and Birch.

"For the Honourable William Lenthall Esquire, Speaker of the Honourable House of Commons."

Order for Thanksgiving for this Success.

"Ordered, by the Lords and Commons in Parliament assembled, That on Thursday Sevennight, and on Thursday Three Weeks, being the Days appointed to be set apart for Days of Public Thanksgiving in the Cities of London and Westm. and in the other Parts of the Kingdom, for the Success of the Army in the West, under the Command of Sir Thomas Fairefax General, the several Ministers do, on the said Days respectively, take Notice of the great Blessing of God upon the Forces of the Parliament, in taking of Sir Jacob Ashley Prisoner, and total Routing and Defeating the Forces under his Command, near Stow, in the County of Gloucester."

Preachers at the Thanksgiving.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Mr. Carrill and Mr. Peters be desired to preach before the Houses upon Thursday Sevennight, being the Day of Public Thanksgiving; and that the Place be Christchurch, in London."

Order to continue the Ordinance for the Northern Association.

"Ordered, by the Lords and Commons assembled in Parliament, That the Ordinance formerly passed for the Northern Association be continued for One Month from this Time; and all Powers and Clauses therein, except those that concern the receiving and making Use of any of the Revenues of the Crown."

Letter of Thanks to Sir T. Fairfax.

"SIR,

"We are commanded, by both Houses of Parliament, to express the great Sense they have of your active, vigorous, and faithful Discharge of that Trust which they reposed in you. They do observe how happily you have timed, and how prudently you have carried on, all your Designs and Actions; and do very much approve your Judgement in the Way of gaining the Enemy's Army and the Country of Cornwall under your Power in so short a Space, and with so little Loss of English Blood; which, added to your former Endeavours and Successes, hath put the Affairs of the Parliament in this Beginning of the Year into such a Condition as was beyond their Hopes or Expectations; for which we are commanded to return you their hearty Thanks: And as they are resolved to give ample Testimony to the World of the high Esteem they have of your Person and Merit, so they desire you to let all the Officers and Soldiers under your Command to know, they shall not forget their unwearied Labours and Sufferings in this great and glorious Cause. Thus we rest

"Your very loving Friends,

"Manchester, Speaker of the House of Peers, pro Tempore.

"Wm. Lenthall, Speaker of the Commons House in Parliament.

"For the Right Honourable Sir Tho. Fairefax General of the Forces under the Command of the Parliament."

Paper from the Scots Commissioners, for Discovey of Wright, &c. who aspersed the Scots.

"My Lord,

"It is aboute Two Moneths since wee acquainted the Houses with the false Informations of Robert Wright and the unknowne Knight; and desired the Name of the one to be discovered, and speedy Examination concerning the other: In Pursuance whereof, the earnest Desires of the Kingdome of Scotland have beene made knowne to the Houses, and ours have beene renewed from Tyme to Tyme; wee beinge most confident that Justice would never bee denyed by the Houses to the Kingdome of Scotland in a Matter wherein they were soe highly concerned: And now, for Discharge of the Trust committed unto us, wee hould ourselves in Duty bound once againe to presse a speedy Answere from the Honnorable Houses to our just Desires; expectinge that it shall bee such as all the World may receive Sattisfaction that those Informations are base Eyes and Calumnyes. Wee are

Worcester House, 23d March, 1645.

"Your Lordships

Most affectionate Freinds

and humble Servaunts,

"Loudoun.

Balmerin.

"Hew Kennedy.

Lauderdaill.

W. Johnston.

Ro. Barclay.

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

"Die Martis, 17 Martii, 1645.

Paper from the Admiralty Committee, for the Shipwrights Company to pay Keeling, their Clerk, his Wages, House rent, &c.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"Whereas, on the Petition of Edward Kelinge, Clerk to the Corporation of Shipwrights, complaining of the said Company's detaining several Years Wages due to him for his Execution of that Place, as also of their not securing him from the Rent of their Common Hall, where the Petitioner lives as their Officer, this Committee did, in June last, order the said Corporation to certify the Wages due, and how he should be paid his Arrears, and secured from the House Rent; and whereas the Master, Wardens, Assistants and some Members of the said Corporation, have certified under their Hands, that there was due to him, at Midsummer last, Ninety-four Pounds, Eight Shillings, and Two Pence, besides Twenty-eight Pounds, Six Shillings, and Four Pence, since incurred; and that the said Company was then also indebted for Rent and Interest One Hundred and Forty Pounds, for Payment whereof, and of other Duties chargeable on the Corporation, an Assessment had been agreed on among themselves, which would defray the same if the Arrears thereof could be got in from some of their Members; and forasmuch as, by their Charter, the said Corporation is particularly commended to the Care of the Lord High Admiral for the Time being, the Navigation and Trade of the Kingdom having so special a Dependance thereupon; and for that, although this Committee conceives it most just that the Wages and Rent so due should be satisfied and secured, yet that they have not Power to compel the Members thereunto: This Committee doth therefore specially recommend it to the House of Peers, to give Order to the said Corporation, to pay the Petitioner his said Wages, and to secure him of the said House Rent; as also to authorize the Master, Wardens, and Assistants, to compel the several Members of the Corporation to contribute proportionably thereunto, and in Order to the rest of the Debts, and for Support of the Government to pay the Duties formerly established.

"W. Jessop, Secretary."

Petition from the Assembly of Divines, concerning Church Government, and for excluding improper Persons from the Sacrament.

"To the Right Honourable House of Peers assembled in Parliament.

"The humble Petition of the Assembly of Divines now sitting by Ordinance of Parliament at Westm.

"Humbly sheweth,

"That your Petitioners cannot but with Joy remember the marvelous Goodness of God, in calling and continuing this Parliament in the Time of this Nation's greatest Trouble and Danger, and in making it singularly useful towards the saving of these Three Nations from the Bondage of Tyranny and Idolatry, by taking off many Yokes and Burthens, both in Matters of Religion and of Civil Concernment, by laying the Foundations and Beginnings of a positive Reformation, and by engaging this Kingdom in that Solemn and Sacred League and Covenant which with our Hands lifted up to the Most High God we have sworn; and, as we esteem ourselves always bound to acknowledge these and many other Blessings which the God of Heaven hath made this Honourable Parliament His Instruments to convey unto these poor Kingdoms, with all affectionate Thankfulness to God and to the Honourable Houses, so we profess ourselves the more obliged hereby to shew all active Readiness to promote all the Commands of Parliament tending to Reformation of Religion; and that nothing but Conscience of our Duty to God, to yourselves, and the Souls of the rest of our Brethren the People of the Lord, could excuse in us any seeming Backwardness to act according to your Vote and Ordinances leading thereunto.

"Yet are we, to our Grief, constrained at this Time, in all Humility and Faithfulness, to represent to the Honourable Houses, That there is still a great Defect in the Enumeration of scandalous Sins, very many scandalous Sins ordinarily committed in all Places, and formerly presented by your Petitioners, being still omitted; and that the Provision of Commissioners to judge of Scandals not enumerated appears to our Consciences to be so contrary to that Way of Government which Christ hath appointed in His Church, in that it giveth a Power to judge of the Fitness of Persons to come to the Sacrament unto such as our Lord Christ hath not given that Power unto; and also layeth upon us a Necessity of admitting some scandalous Persons to the Sacrament even after Conviction before the Eldership, and to be so differing from all Example of the best Reformed Churches, and such a real Hindrance to the bringing of the Churches of God in the Three Kingdoms to the nearest Conjunction and Uniformity, and in all these respects so disagreeable to our Covenant, that we dare not practise according to that Provision; and we do evidently foresee, that such Commissioners will not only be offensive to the Reformed Churches Abroad, but a Discouragement to those amongst ourselves who are or shall be chosen Elders, and a Stumbling-block to very many of our best and most conscientious People, who have long waited for Reformation, and are endangered to be cast upon the Snare of Separation, and no Way left to reduce them or others who are already fallen into it; insomuch as we cannot forbear to profess our Fears of God's sad Displeasure if this should be continued, and the just Imputation of Sin unto us, if we who have been held worthy by the Honourable Houses to be called to give them Advice in Matters of Religion, should altogether hold our Peace at this Time.

"Wherefore your Petitioners, in Discharge of their Fidelity to God, to His Church, and to your Honours, do humbly pray, that the several Elderships may be sufficiently enabled to keep back all such as are notoriously scandalous from the Sacrament of the Lord's Supper, of which we must, as formerly in our Petition we have done, say expressly belongeth to them by Divine Right, and by the Will and Appointment of Jesus Christ, which, with the Help of superior Assemblies in Cases of Appeal or Mal-administration, will prevent (through the Blessing of God) all the feared Inconveniences; and the Magistrate (to whom we profess the Church to be accountable to their Proceedings in all their Elderships and Church Assemblies, and punishable by him with Civil Censures for their Miscarriages) may be so abundantly satisfied of the Righteousness and Equity thereof, as we still hope God will inspire the Honourable Houses with such Wisdom and Zeal, as by their Authority to strengthen the Hands of his Officers in their Duties herein, and even to command them to act zealously and faithfully in them.

"And your Petitioners shall pray, &c.

Cornelius Burges, Prolocutor pro Tempore.

John White, Assessor.

Henry Roborough, Scriba.

Adoniram Byfeild, Scriba.

Footnotes

* Deest in Originali.
Origin. of the.
* Deest in Originali.
Origin. it them.
* Bis in Originali.
* Deest in Originali.
Origin. to.
* Deest in Originali.