DIE Veneris, 10 die Aprilis.
PRAYERS, by Mr. Delmy.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this
Answer from the House of Commons:
That they agree to the Alterations in the Ordinance
for Martial Law for Trial of Mr. Murray; and to the
Ordinance to enable such as shall buy the broken Brass
Tomb at Windsor, for the paying that Garrison, to
transport it beyond Seas: And to the other Things, that
House will return an Answer by Messengers of their
Porter and Wetcombe, in Error.
Upon the Petition of Jo. Porter Esquire: It is Ordered, That the Errors depending in this House, concerning the Petitioner and James Wetcombe, shall be
argued, at this Bar, on Tuesday next, at Nine of the
Clock in the Morning; and that the said Whetcombe shall
have speedy Notice of this Order, that he may prepare
for the said Argument accordingly.
Answer to the Scots Paper concerning the Propositions.
The Answer to the Scotts Paper concerning the Propositions was read. (Here enter it.)
And afterwards the House was adjourned during
Pleasure; and the Business was discussed in the House.
The House was again resumed; and the Question was
"That as many of their Lordships as are of Opinion to agree to this Paper to be given as an
Answer to the Scotts Paper to say ["Content"]?"
Passed in the Affirmative.
Message to the H. C. that the Lords agree to it.
Sir Edward Leech and Mr. Page to the House
of Commons, to acquaint them with this Vote; videlicet,
"That their Lordships have agreed to that Paper
you sent unto them, as an Answer to the Scotts Commissioners; and have appointed their Members that
are of the Committee of both Kingdoms, and desire
that you will appoint your Members of that Committee, to acquaint the Scotts Commissioners with
Message from thence, with an Order to punish some of Major Babington's Troopers.
A Message was brought from H. Commons, by Sir
Rob'te Pye & al.
That the House of Commons have sent up an Order,
for the finding out and punishing of certain Troopers
under Major Babington, that have committed a most notorious Murther, and desire their Lordships Concurrence; and also a Letter, signifying the great Barbarism
committed by the said Troopers.
The said Letter was presently read at the Table.
(Here enter it.)
Order H. C. for the apprehending of several Troopers
under Major Babington, was read, and passed.
(Here enter it.)
The Messengers were called in, and answered, "That
the Lords had passed the said Order."
Paper about establishing a French Congregation at Dover.
Report was made by the Earl of Warwicke, from the
Committee of Lords and Commons of the Admiralty
and Cinque Ports. (Here enter it.)
Ordered, That an Ordinance, to the same Effect as
the Report is, shall be brought into this House.
Ld Cromwell, Leave to take the Air without the Lines.
Ordered, That the Lord Cromwell is hereby permitted to go Seven Miles without the Line of Communication, to take the Air, for his Health's Sake: And
it is farther Ordered, That the several Courts of
Guard about the Works do permit the said Lord Cromwell, and his own Servants and Horses, to pass in and
out, as he shall have Occasion, without Lett or Hindrance: And this to be, &c.
Answer to the Paper from the Scots Commissioners, concerning the Propositions to the King.
"The Lords and Commons assembled in Parliament, having taken into Consideration your Paper of the Sixth of April, concerning the Propositions to be sent to the King, do return this
"That we having communicated to you some of the
Propositions which we desired for the present should
be sent to His Majesty for a safe and well-grounded
Peace; and finding, upon Perusal of your Paper of the
Sixteenth of March, your Lordships have not consented that those should be sent that are desired by
us, for the Good and Security of the Kingdoms of
England and Ireland, with your Reasons for the
"After serious Consideration thereof, we thought fit
to adhere to our First Resolutions, and again to desire your Concurrence for the sending them unto the
King; and although we clearly satisfied our own
Judgements therein, yet, out of our earnest Desires
to carry on all Business in a brotherly Way, we did
appoint our Committees to communicate those our
Resolutions, to shew the Grounds thereof, and to remove any Doubts that might stick therein with your
Lordships: All which being considered, and that we
have never denied our Consent that such Propositions
should be presented to the King as your Lordships
conceived to be for the Good and Security of the
Kingdom of Scotland; the Matter in your Paper of
the Sixth of April we did not expect, wherein you do
desire that the Resolutions of both Houses (after so
long and mature Deliberation) should be subjected to
the Debates and Alterations of a Committee of both
Houses, to be joined with you for that Purpose, and
that upon Grounds which we can by no Means admit of; in regard that, by the Treaty, both Kingdoms are not bound to a joint Advice and Judgement
in framing the Propositions, as is affirmed in your
Paper; but that no Cessation, nor any Pacification or
Agreement for Peace whatsoever, is to be made by
either Kingdom, or the Armies of either Kingdom,
without the mutual Advice and Consent of both Kingdoms, which is all in this Particular they are obliged
to by the Treaty: And therefore, out of our earnest
Desires to make Use of the present Opportunity for
settling the Peace of the Kingdoms, and that we
may clear ourselves before God and the World that
we have neglected no Means which may procure the
same, especially since, as your Lordships well remember, we have so often declared to the King that
they are speedily to be sent, and the granting of
them will be an effectual Means to give Satisfaction
to both Kingdoms; we do again desire your Consent,
that those Propositions, as we have sent them to your
Lordships, may be sent to His Majesty; and we shall
speedily communicate to your Lordships the Two
other Propositions concerning Delinquents and the
City of London, that they may be sent with the
"Die Martis, 17 Martii, 1645.
"At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
Report from the Committee of the Admiralty, about erecting a Walloon or French Congregation in Dover.
"Whereas the House of Peers have, by their Order
of the Second of this Instant March, referred to the
Consideration of this Committee a Petition presented to
their Lordships, in the Name of the Walloone or French
and other Strangers, professing the true Protestant Religion, residing at Dover: This Committee, having
debated the same, do conceive it meet, that, by an
Ordinance of Parliament, the Petitioners be authorized to erect a Walloone or French Congregation in
the Town and Port of Dover, with the same Discipline and Immunities as are granted to the several
Foreign Congregations of this Kingdom, and with
such Cautions as the Parliament shall in their Wisdom
think fit; which Opinion of the Committee the Earl
of Warwick is desired to report to their Lordships.
"W. Jessop, Secretary."
Letter concerning the great Barbarities committed by Major Babington's Troopers upon the Townsmen of Medborne in Leicestershire.
"Upon Friday the 3d April, 1646, about Eleven in
the Forenoon, there came Nine or Ten Men into
Medborne, and inquired for the Constable: He (fn. *) being not at Home, they demand of his Wife Provender
and Quarter for Ten Horses and Men. She answered,
"They should have it;" and called for her Son to
accommodate them: But One of them, impatient of
the least Delay, says to the Woman, "Come, come,
we must not stay; we'el take some of these Things
(in the House), and sell them to pay our Quarters
elsewhere;" and bending his Pistol at her, added,
"We have been at Holt this Morning; and had we
found any Cavaliers there without Tickets, we would
have put them all to the Sword." The Woman, affrighted, delivers them what Provender they demanded, and offered them Tickets for several Houses; but
they said, they would quarter together at the Alehouse, and the Constable should pay for it; and so
"Anon One of them returns to the Constable's House,
and demands a Horse out of the Stable, swearing
they would have Horses ere they went out of the
Town; and spake of firing the Town. With that,
she sent privately to the Minister, Mr. T. Doughtey, to
persuade them. The Soldier ran after the Man that
was sent, who hardly escaped through a Barn, which
the Soldier searched diligently for him. The Minister,
when he came, found the Troopers horsed at the
Stable's Door; and saluted them, asking if there
were any Officer amongst them. With insolent Language and Behaviour, they began (fn. *) to handle their
Arms; saying, "We'el know who made you an Examiner." But being a little calmed with fair Words,
they yet refused to give any other Account of themselves than "That they were for King and Parliament; and perhaps belonged to Rossiter, and had
been to convey prest Men: What was that to anybody?" He desired to know, "if they quartered
hereabouts last Night, and where the rest of their
Party was?" They answered, "They scorned to be
accountable to every one in these Things."
"A while after, News was brought to the Minister,
That a Horse was taken out of his Team in the Field
at Plow, by the Troopers that quartered in the Town;
whereupon he, with his Youngest Brother and Two
Men, took some Arms, and ran out to rescue the
Team (being near the Town); and recovering the
Horse which they were driving away, they took the
Quarter-master Prisoner, with his Horse and Arms,
without any Bloodshed on either Side; the rest, escaping, seized upon One whole Team in the Field,
and Part of another, and were driving them apace
towards Rockingham; whereupon the Town generally
rose, and pursued them, and in Drayton Feild overtook them, where by Parley they came to Agreement,
they to have their Prisoner, the Townsmen their
Horses; they having now (and none of them till now)
declared that they belonged to Major Babington, and
that their Lieutenant and Troop quartered at Calent.
Hitherto there had been some few Guns fired and
Stones thrown, but no Blood drawn on either Side;
and marching friendly together towards Midborne
(for now divers called one another to Mind, as having
been formerly acquainted), within a Quarter of a Mile
of the Town a Party of Twenty Troopers more or
thereabouts overtook them, and fell in amongst Medborne Men; and the Troopers, which upon Agreement came back from Drayton Feild, drew their Swords,
and, joining with the said Twenty that came last up,
fell to hewing and wounding of Medborne Men, who
now expected nothing less; and without any more
ado wounded about Twenty of them in the Field,
divers were thrust through the Body, as they made
away to the Hedges and Ricks; some had their Guts
let out of their Bellies, some both their Hands almost
cut off, and made inserviceable as long as they shall
live; some beaten and bruised almost to Death, and
many wounded and cut on the Head and Arms less
dangerously; of these One died the same Night, and
divers others (the Surgeons say) mortally hurt; and
leaving divers for dead in the Field, and others Prisoners, they followed the rest of Medborne Men into
the Town, cutting and wounding all they overtook,
swearing that they would kill them every Man; and
when some cried out they had their Death's Wounds
already, they made them unbutton their Cloaths, and
shew their Wounds, before they would spare them,
cursing after a horrid Manner, and pulling One off
the Horse that he was set upon to be carried into the
Town (being deadly wounded) bidding him "go on
Foot, or the Plague rot him in the Ditch."
"Being in the Town, they came to the Parsonagehouse, swearing and railing after a savage Manner,
with such Confusion as one could not be heard for
another; demanded Entrance, and their Prisoner.
The Minister, who staid with the Prisoner in the
House whilst his Brother and Servants went out with
the Townsmen, and not knowing what was done
abroad, desired them "to declare who they were for,
and to whom they belonged, that our Complaints
might be heard; and they should have their Prisoner." They said, "They would have their Man and
him too, or they would fire the House and Town,
and put all they found to the Sword;" and withall
One of them rode to the other Side of the Town, and
fetched a Burning Firebrand, which he attempted to
put into a Hovel of Straw near the House; but it fell
down into the Dirt, and quenched. In the mean Time,
the rest brake open the Gates, and beset the House.
All this while the Minister, destitute of sufficient Help
for the Guard of the Prisoner, brought him to a
Window, that he might persuade them to be quiet,
desiring that they might understand one another; and,
if Friends, why fight; if otherwise, they might know
what to do. But the Prisoner encouraged them rather to release him by Force; and then they cried
out, "No Parley nor Quarter; but they would have
Submission to meer Mercy, and have his Blood."
With that, he presented a great scattering Gun at
Four or Five of them close together, within Distance,
with which some of them shrunk; desperately swearing, "That if he made One Shot, they would go fire
the Town, and put the Minister's Brother and the
rest of the Prisoners to the Sword, whilst the rest
stormed the House." In the mean Time, divers Windows being broken, and the House entered, the Minister slipt out at a Postern into the Garden, and escaped.
"When they had entered the House, they brake
open every Door they found (fn. *) locked (save One which
they could not), dreadfully swearing they would cut
the Maids in Pieces if they told not where their
Master was; and having plundered the House at
their Pleasure, at length they departed with the Minister's Brother Prisoner, together with Arms and
Plunder, to their Quarters; swearing often by the
Way, "That they were sorry they had given him
Quarter; and that, if they had met his Brother,
they would have cut him in Pieces;" and some of them
threatened afterwards, in their Quarters, to kill Mr.
Doughty when or wheresoever they met him alone.
"The same Evening, Notice was given to the Governor of Rockingham of what had passed, with Desire to
apprehend them; who prevailed to have the Minister's Brother set at Liberty, and some few Arms
brought into Rockingham the next Day; to whose
tender Care of sparing innocent Blood, and to avoid
the Danger of apprehending Soldiers (so severe in
their Executions) in their Quarters, the said Party
owe their Safety and Repose within a Mile of Rockingham for about Twenty-fours after; but several
Towns beginning to stand upon their Guard, they are
now marched away to seek the like Service elsewhere.
"The Lieutenant of this Troop was not with them,
who is very sorry for what his Soldiers have done.
"John Innocent, Bailiff to Mr. Nevill of Holt, is
"James Barrett, desperately hurt, thrust through the
Body in at his Left Shoulder, and out at his Right Pap.
"John Payne, cut on the Head.
"John Walter, dangerously bruised.
"Thomas Goodman, his Hands almost cut off.
"Edward Goodman, sorely hurt in his Arm.
"John Catlin, the Minister's Servant, lies a-dying of
his Wounds; and many more, to the Number of
Twenty, or thereabouts.
"Attested by in Part,
"John Goodman de Blaston Esquire.
"Mauritius Bohemus Minister of Halterton.
"Thomas Doughty Minister of Medborne.
"Nathaniell Doughty Gentleman.
"John Payne, and many others."
Order for apprehending these Troopers.
"Forasmuch as the Lords and Commons in Parliament assembled are informed of horrible Murthers and
Outrages committed by sundry disorderly Troopers,
under the Command of Major Babington, at or near
Medbourne, in the County of Leicester, upon the Inhabitants of the said Town, the which Offenders are
not yet discovered: It is Ordained, by the Lords and
Commons aforesaid, for the better Discovery of the
said Offenders, and bringing them to Punishment,
That the respective Sheriffs, Mayors, Constables, and
all Colonels, Captains, and other Officers Military
whatsoever, within the respective Counties of Leicester,
Rutland, Lincolne, and Northampton, and elsewhere, do
seize on and apprehend, and cause to be apprehended, all Troopers whatsoever under the Command of
the said Major Babington, and them cause to be imprisoned and put in safe Custody, and with all Speed
to give Notice to One or both Houses of whom they
shall apprehend; the Lords and Commons declaring,
that if any Officer whatsoever Civil or Military shall
not do their utmost Endeavours herein, they shall be
severely punished for their Contempt, and a strict
Account had of their Neglect in this Behalf: And it
is further Ordered, That Major Babington do his
utmost Endeavour for the bringing of his Troop together, and for the Discovery of the said Offenders;
and that he do forthwith give in a List of the Names
of his Troopers to the Committee of Examinations;
and if any Person shall do any Act wilfully to prevent
the Execution of this Ordinance, he shall be proceeded
against as guilty of an Endeavour to conceal such high
Order for trying Mr. Murray by Martial Law.
"Whereas William Murray Esquire is apprehended
upon Suspicion of being a Spy, and since committed
to The Tower of London: It is Ordained, by the Lords
and Commons in this present Parliament assembled, That
Sir Thomas Fairefax Knight, General of the Forces
raised by the Houses of Parliament, Serjeant Major
General Skippon, Colonel Rowland Wilson, Colonel
Owen Rowe, Colonel Edward Hooker, Colonel Ralph
Harrison, Colonel Zachary, Colonel Hardwick, Colonel
Thomas Gower, Colonel George Langham, Colonel
George Paine, Colonel Thomas Randall, Colonel William Willoughby, Colonel John Bradley, Lieutenant
Colonel Francis Rowe, Lieutenant Colonel Lawrence
Bromfeild, Major Rich'd Wollaston, Sir Nathaniell
Brent Knight, Doctor Walker, Mr. John Miles, Sir
James Harrington Knight, Colonel Francis West Lieutenant of The Tower, Colonel Charles Fleetwood, Colonel Humphreyes, Colonel Richard Turner, Colonel
Randolph Manwaring, Colonel Edmond Harvey, Colonel Robert Manwaring, Colonel Mathew Shepp'de,
and Lieutenant Colonel Thomas Buxton, Colonel Whichcott, Colonel Pinder, Lieutenant Colonel Welden, Colonel William Underwood, Colonel Thomas Player, Colonel Prince, Colonel Samuell Harsnett, Lieutenant
Colonel Nathaniell Camfeild, William Mollins, Colonel
John Owen, Colonel Webb, Colonel John Bradley,
John Bradshawe and William Steele Esquires, or any
Twelve or more of them, be and are hereby constituted and made Commissioners, and shall have full
Power and Authority, to hear and determine whether
the said William Murray be a Spy, according to any
Law, Article, or Ordinance of War, at any Time allowed by both Houses of this present Parliament;
and if in case they shall find him guilty of the same
upon his own Consession without Constraint, or upon
Proof of Two sufficient Witnesses, then to proceed to
the Condemnation and Execution of him according to
the Course and Custom of War, and according to
the Laws and Articles aforesaid: Provided, That no
Execution of Sentence as to Death shall be had upon
this Ordinance until Six Days after Notice given of
the said Sentence unto both Houses of Parliament:
And it is hereby further Ordained, by the Authority
aforesaid, That the said Commissioners, or any Twelve
or more of them, shall be authorized from Time to
Time, for the Purpose aforesaid, to sit within some
convenient Place within the Line of Communication
as they shall think fit, and to appoint an Advocate
and Provost Marshal, and all other Officers needful for
the Trial and Execution aforesaid; and the said Advocate is hereby authorized and enabled to receive
all Accusations, Articles, Complaints, and Charges,
against the said William Murray, concerning the Premises, and to examine him; and to administer Corporal Oaths to all Witnesses not being Peers of this
Realm, or Members of the House of Commons, or
Assistants of the House of Peers, or Attendants or Officers of either of the Houses of Parliament, and
them to examine upon Oath at the Trial, as the Case
may require; and the said Commissioners, or any
Two or more of them, are hereby enabled to send
their Warrant for any Witnesses, not being Peers of
this Realm, or Members of the House of Commons,
or Assistants of the House of Peers, or Attendants,
or Officers of either of the Houses of Parliament, in
any Place whatsoever: And it is hereby further Ordained, That all Mayors, Bailiffs, Sheriffs, Justices of
Peace, and other Officers whatsoever, shall be aiding
and assisting to the said Commissioners, and every of
them; and all and every other Person and Persons
that shall be aiding and assisting to them in the Execution of the Premises shall be protected, and for
ever saved harmless, by the Power and Authority of
both Houses of Parliament: Provided, That none of
the Commissioners named in this Ordinance shall fit
and act by virtue hereof, except they have taken the
National Covenant, or shall take the same before their
respective Sitting, or executing any Thing by virtue
Persons who buy the Brass Statues at Windsor may export them.
"Ordered, by the Lords and Commons assembled in
Parliament, That such Person or Persons as shall buy
the Brass Statues at Windsor Castle, and the Images
there defaced, and the other broken Pieces of Brass,
shall have Liberty to transport them beyond the Seas,
for making their best Advantage of them."