Historical Collections of Private Passages of State: Volume 6, 1645-47. Originally published by D Browne, London, 1722.
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A CONTINUATION of Historical Collections.
Chap. I. Containing the Proposals, Debates, and perfecting of the New Model of the Parliament's Army under Sir Thomas Fairfax, Commander in Chief: And the State of the King's Affairs and Strength, as also the Parliament's, at that time.
The first Remarkable Affair which presents itself to Consideration in the Year 1645, is the Matter of the Self-denying Ordinance (as it was called) and New-Model of the Parliament's Army; which they designed and struggled for, during some Months before; but was not compleatly agreed upon and consented unto by both Houses, till about the beginning of this Year. And to give the Reader a perfect deduction of this Business, we must look back to the 9th. of Decemb. 1644. (when it was first started in the House) and thenceforth sum up the particular proceedings therein.
The Province I have undertaken is to consign to Posterity Overt-Acts, (Facta, Scripta, Dicta, Prout facta, scripta vel dicta sunt) without either judging of their Qualities, or diving after the secret Reasons of them, in assigning which, Authors many times relate their own Conceits, rather than the true Motives which induced the Actors to such Resolutions. Yet it appears in our Collections before going, that the two Houses had taken notice of the bad success of their Armies on several occasions, and at divers places; more especially of late at Dennington Castle, which was generally attributed to the ill Conduct of certain eminent Commanders, (the General Essex not being then present) of whom some were thought too fond of a Peace, and others over-desirous to spin out the War, and others engaged in such particular Feuds, that there was little vigorous Action to be expected from such disagreeing Instruments. And yet to search too deep into past Miscarriages, or determine in favour of either of those that mutually Recriminated each other, might (under their then present Circumstances) prove the next danger to suffering a Continuance of the same Inconveniencies. Besides, there were of the Army-Officers (especially since the coming in of the Scots) two apparent Parties, the first zealous for letting up Presbytery the other (called Independents) endeavoured to decline that Establishment; and of this latter Party Lieutenant General Cromwell was esteemed one of the Chief; and as on that score he was little beloved by the Scots, so by reason of his Popularity, General Essex began to entertain some Jealousies of him, and therefore with the Scotch Commissioners had a Consultation (about the end of November or beginning of December 1644.) touching the means how to remove him. Which by Mr. Whitlock (a Person present and concern'd) is related to this effect.
One Evening very late Maynard and Whitlock were sent for by the Lord General to Essex-House, where they found with him the Scotch Commissioners, and Mr. Hollis, Sir Philip Stapleton, Sir John Meyrick, and divers others of his special Friends. After Civilities pass'd, the Lord Loudon Chancellor of Scotland spake to them, as followeth.
I Can assure you of the great opinion both my Brethren and my self have of your Worth and Abilities, else we should not have desired this meeting with you; and since it is his Excellency's Pleasure, that I should acquaint you with the matter upon whilke your Counsel is desired, I shall obey his Commands, and briefly recite the Business to you.
You ken vary weele that General Lieutenant Cromwell is no Friend of ours, and since the Advance of our Army into England, he hath used all underhand and cunning means to take off from our Honour and Merit towards this Kingdom; an evil Requital of all our Hazards and Services: But so it is, and we are nevertheless fully satisfied of the Affections and Gratitude of the gude People of this Nation in the General.
It is thought requisite for us, and for the carrying on of the Cause of the Twa Kingdoms, that this Obstacle or Remora may be removed out of the way, whom we foresee will otherwise be no small Impediment to us, and the gude Design we have undertaken. For he not only is no Friend to us, and to the Government of our Church, but he is also no wellwiller to his Excellency, whom you and we all have cause to love and honour; and if he be permitted to go on in his ways, it may, I fear, endanger the whole Business; Therefore we are to advise of some Course to be taken for prevention of that mischief.
You ken vary weele the Accord twixt the Twa Kingdoms, and the Union by the solemn League and Covenant, and if any be an Incendiary between the Twa Nations, how he is to be proceeded against: Now the matter is, (wherein we desire your Opinions,) what you take the meaning of this word Incendiary to be? And whether Lieutenant General Cromwell be not like an Incendiary as is meant thereby? And whilk way wud be best to tak to proceed against him, if he be proved to be sike an Incendiary, and that will clepe his Wings from soaring to the prejudice of our Cause. Now you may ken, that by our Law in Scotland we clepe him an Incendiary, whay kindleth Coals of Contention, and raiseth Differences in the State to the Publick Damage, and he is tanquam publicus Host is Patriq: Whether your Law be the same or not, you ken best who are Mickle Learned therein, and therefore with the favour of his Excellence we desire your Judgments in these Points.
"That the Word Incendiary is not much conversant in our Law, nor often met with in our Books, but more a term of the Civil Law, or of State, and so is to be considered in this Case: For the sense of the word it was the same with us as his Lordship had expressed to be by the Law of Scotland, and which ex vi Termini it beareth, viz. one that raiseth the Fire of Contention in a State, or that kindles the Coals of Contention, and so it is taken in the Accord between the Two Kingdoms. Whether Lieut. General Cromwell be such an Incendiary between these Two Kingdoms cannot be known but by proofs of his particular words or actions, tending to the kindling this Fire of Contention betwixt the Two Nations, and raising of Differences between us. If it can be made out by proofs, that he hath done this, then he is an Incendiary, and to be proceeded against for it by the Parliament, upon his being there accused for those things: That it was not sit Persons of so great Honour and Authority as the Lord General and Commissioners of Scotland, should appear in any Business, especially of an Accusation, but such as they should see before-hand will be clearly made out, and brought to the effect intended, since if they should be soil'd in a business of this weight, it would reflect upon their Honour and Wisdom: That the Person against whom this Accusation is, was to be considered in his present Condition and Parts, and Interest, touching which as to the Parliament, they were the more able to give their Lordships an Account by their constant Attendance in the House of Commons; and as for his Interest in the Army, his Excellency, and other Gentlemen present, could best judge: That for their own parts they take Lieutenant General Cromwell to be a Gentleman of quick and subtle parts, and one who hath (especially of late) gained no small Interest in the House of Commons; nor is he wanting of Friends in the House of Peers, nor of Abilities in himself to manage his own part or defence to the best Advantage, therefore it would be requisite to be well prepared against him before he be brought upon the Stage. That in their private Observations they do not know of any Particulars, as will amount to so clear a proof as will satisfy the House of Commons in the Case of Lieutenant General Cromwell (according to our Law, and in the course of proceedings in Parliament) that he is an Incendiary, and to be punished accordingly. And therefore they advised to defer the Accusation, and in the mean time collect what proof might be had of Particulars, and when the same were prepared they should be the better able to advise, and their Lordships to judge, what will be sit to be done in this matter.
Which Advice, after some Debate, was followed, and the business laid by. But Mr. Whitlock adds, That there was cause to believe, that some present at this Debate were false Brethren, and informed Cromwell of all that passed, which might make him carry on his designs more actively for his own Advancement. And indeed it may Well be presumed he was not like to be behind-hand in Artifices for removing of those that would have removed him.
But from whatever Grounds or Motives it sprang, so it was, that on the 9th of December 1644, (the Parliament's Forces being then settled in their Winter Quarters, and most of the Commanders in Chief, who were Members of either House of Parliament, being in Town) the House of Commons took into consideration the sad Condition of the Kingdom in reference to its Grievances by the Burthen of the War in case the Treaty for a Peace, which was then propounded (and of the successless Issue of which we have before in the former Volume given an account) should not take effect, nor the War be effectually prosecuted. After a long Debate of this matter, the House Voted themselves into a Grand Committee, where there was a general silence for a good space of time, many looking one upon another, to see who would break the Ice, and speak first in so tender and sharp a Point: Amongst whom Oliver Cromwell stood up, and spake shortly to this effect.
That it was now a time to speak, or for ever to hold the tongue: The important occasion being no less than to save a Nation out of a bleeding, nay, almost dying condition, which the long continuance of the War had already brought it into; so that without a more speedy vigorous and effectual prosecution of the War, casting off all lingering proceedings like Soldiers of Fortune beyond Sea, to spin out a War, we shall make the Kingdom weary of us, and hate the Name of a Parliament. For what do the Enemy say? Nay, what do many say that were Friends at the beginning of the Parliament? Even this, that the Members of both Houses have got great Places and Commands, and the Sword into their hands, and what by Interest in Parliament, and what by power in the Army, will perpetually continue themselves in Grandeur, and not permit the War speedily to end, left their own power should determine with it. This I speak here to our own Faces, is but what others do utter abroad behind our Backs. I am far from reflecting on any, I know the worth of those Commanders, Members of both Houses, who are yet in power; but if I may speak my Conscience without reflection upon any, I do conceive if the Army be not put into another Method, and the War more vigorously prosecuted, the People can bear the War no longer, and will enforce you to a dishonourable Peace. But this I would recommend to your Prudence not to insist upon any Complaint or Over-sight of any Commander in Chief upon any occasion whatsoever; for as I must acknowledge my self guilty of Over-sights, so I know they can rarely be avoided in Military Affairs; therefore waving a strict inquiry into the Causes of these things, let us apply our selves to the Remedy which is most necessary: And I hope, we have such true English Hearts, and zealous Affections towards the General Weal of our Mother-Country, as no Members of either House will scruple to deny themselves and their own private Interests for the Publick Good, nor account it to be a dishonour done to them whatever the Parliament shall resolve upon in this weighty matter.
Whatever is the matter (which I list not so much to inquire after) two Summers are past over, and we are not saved: Our Victories (the price of Blood invaluable) so gallantly gotten, and (which is more pity) so Graciously bestowed, seem to have been put into a Bag with holes; what we won one time, we lost another: The Treasure is Exhausted, the Country's Wasted: A Summers Victory has proved but a Winter's Story; the Game however shut up with Autumn, was to be new play'd again the next Spring; as if the Blood that has been shed, were only to manure the Field of War for a more plentiful Crop of Contention. Mens hearts have failed them with the Observation of these things; The Cause whereof the Parliament has been tender of Ravelling into. But Men cannot be hinder'd from venting their Opinions privately, and their Fears, which are various, and no less variously express'd; concering which I determine nothing, but this I would say, 'tis apparent that the Forces being under several great Commanders, want of good Correspondency amongst the Chieftains, has oftentimes hindered the Publick Service.
But the first that moved expressly to have all Members of Parliament Excluded from Commands and Offices was Mr. Zouch Tate; wherein he was seconded by Sir Henry Vane Jun. and others. The Debate lasted long, but in conclusion the Grand Committee came to this Resolution, "That no Member of either House of Parliament shall during the War Enjoy or Execute any Office or Command Military or Civil, and that an Ordinance be brought in to that purpose.
Decemb. the 11th, The said Ordinance was reported to the House by the Committee appointed to draw up the same: And the same day a Fast for imploring a Blessing on the intended New Model of the Army, appointed by the Commons, (and next day agreed unto by the Lords,) to be held on the Eighteenth of that Month, by both Houses in Lincoln's-Inn Chappel; no Strangers, nor so much as their own Attendants to be admitted. And in further relation to this Business of New Moulding the Armies, the House of Commons Ordered, That Letters be sent from that House to all the Associated Counties forthwith to make payment of their Forces, and to give an Account of what Monies have come into the hands of their respective Treasurers, and how disbursed.
The 12th of December a Petition was presented to the Commons from many that stiled themselves Well-affected Citizens and Inhabitants within the Lines of Communication, London, taking notice of the great Care that House had of the Common-wealth, and of the City in particular, expressing their Resolution to assist them to the utmost of their Power in prosecution of the Vote of Monday, December the 9th.
The House of Commons on the 14th took again the aforesaid Ordinance into Consideration, and for the freer Debate turn'd themselves into a Grand Committee, wherein the same was canvassed very seriously on both sides: The several Speeches of those who were for promoting it, centering in the following Reasons.
1. That upon passing this Ordinance the Proceedings of their Armies would be more quick both in Determination and Action, when Commanders upon any discontent arising, shall have the less power to Sway and Bandy one against another.
2. If there be at present Differences between Commanders that are Parliament men, and perhaps of several Houses, by this Ordinance equal Justice is done, they are both recalled from Command, and by consequence from further dispute of difference, thereby preventing Divisions in the Army, administring Advantages to the Enemy.
3. The Commanders will be the less able to make Parties to secure themselves when they have no Interest in the Houses, and so become more easily removable or punishable, for their Neglects and Offences committed in the Army.
4. His Majesty, by his late Message, having acknowledged this to be the Parliament of England, both Houses had need to be as full as they can; and by this Vote the Members taken off from other Imploys will be better able to attend the publick Affairs in Parliament, to which they are called by Writ; and so the frequent Objection of the Paucity of Members at the passing of Votes will be prevented.
5. That by the New Model designed, the former Weights that obstructed being taken off, the Progress of the Army upon new Wheels will be more swift, and a speedy Period put to the War, which is the general desire of the Nation.
I Am one of that Number of your Servants, who have no Office or Imployment but such as you are about to except out of this Ordinance, nor have Ambition for any; and therefore may the more freely and indifferently, yet with all Submission, humbly offer my Reasons against it, as that which I apprehend may prove prejudicial to your Service.
It hath been Objected, That your House, and the House of Lords is thin and empty, and you the less esteemed having so few Members here, many of them being imployed in Offices that they cannot attend the Houses; but that by this Ordinance they will be at leisure and liberty to attend the Service of the Parliament here, and the Houses be much fuller than now they are.
I confess, Sir, this is fit to be remedied; but I apprehend you have a fitter way, than by this Ordinance to do it; that is, by issuing out new Writs for Electing new Members in the Places of those who are dead, or expelled, and this will satisfy the Objection, and engage divers of Interest and Quality the more immediately in your Service; whereas this Ordinance will discontent many, and the Houses will be little the fuller by the passing of it.
Another Objection is, That if this Ordinance doth not pass, the Treaty of Peace will not so well proceed, but the particular Interests of Members of Parliament may retard the same, but will all be taken away by this Ordinance.
I am to seek how this can be materially objected, when I suppose, whether this Ordinance pass or not, yet you intend Members of Parliament to be your Commissioners for that Treaty, and in case some of them be Officers, they will the better understand your Businesses, on which the Treaty will be grounded.
Another Objection is, That unless this Ordinance pass, the great Work intended of New Modelling your Armies will not be so well carried on, for that by putting all out, there will remain no exception.
I should rather have argued, that by putting out all Members out of their Imployment, the exception and discontent would be the more general, and by leaving them still in their Imployments, there would be the less Competition and Solicitation for new Officers in their Rooms.
Another Objection or Argument is, That the Members of Parliament, who are Officers, being of equal Power in Parliament, will not be so obedient to your Commands as others who have smaller Interests, and would not so much dispute one with another.
Surely, Sir, those whose Interest is the same with yours, have the more reason to obey your Commands than others, and have more to hazard by disobedience, than others can have, and in your Commands all your Members are involved, and it is strange if they should be backward to obey their own Orders.
Our Noble Generals, the Earls of Denbigh, Warwick, Manchester, the Lords Roberts, Willoughby, and other Lords in your Armies, besides those in Civil Offices not excepted; and of your Members the Lord Grey, Lord Fairfax, Sir William Waller, Lieutenant General Cromwell, Mr. Hollis, Sir Philip Stapleton, Sir William Brereton, Sir John Meyrick, and many others must be layed aside is you pass this Ordinance.
But to do a Business of this nature (as hath been well said) by a side wind, is in my humble opinion, not so becoming your Honour and Wisdom, as Plainness and Gravity, which are Ornaments to your Actions.
I shall conclude with the Example of the Grecians and Romans, amongst whom, Sir, you know that the greatest Offices of War and Peace were conferred upon their Senators, and there Reasons were, because they having greater Interests than others, were the more capable to do them the greatest Service. And having the same Interest with the Senate, and present at their Debates, they understood their Business the better, and were less apt to break that Trust, which so nearly concerned their private Interests which was involved with the Publick, and the better they understood their Business the better Service might be expected from them.
Sir, I humbly submit the Application to your Judgment. Your Ancestors did the same, they thought the Members of Parliament fittest to be imployed in the greatest Offices: I hope you will be of the same Judgment, and not at this time to pass this Ordinance, and thereby to discourage your faithful Servants.
But after several Debates the Ordinance pass'd the House of Commons Decemb. 19. and on the 21st the same was sent up to the Lords by Mr. Pierpont. But there it met with many delays, and much opposition, for their Lordships fell not into Debate of it till Decemb. 30. and then committed the Consideration thereof to eight Lords to report their Opinion thereof, and their Reasons for the same; which being reported to that House, they on the 7th of January had a Conference with the Commons, and delivered in Reasons in Writing against the passing that Ordinance, especially for that the Honour of Peerage was (as they conceived) so much concerned therein; upon which the Commons appointed a Committee to prepare Reasons to satisfy their Lordships concerning the same. And Jan. the 13th the whole House of Commons with their Speaker went up to the Lords about the same Business. But the Lords the same Day taking it into Debate, Rejected the Ordinance.
In the mean time, the Commons went on in forming a New Model of the Army, which they agreed should consist in the whole of one and twenty thousand Men effective, viz. 6000 Horse, 1000 Dragoons, and 14000 Foot; That the 6000 Horse be divided into ten Regiments: The Dragoons into ten single Companies: Every Regiment of Foot to consist of at least 1200 Men, and the whole Charge of this Army to be 44955/. per Month, to be raised by Assessment proportionably throughout the Kingdom. On the 21st of January, the Commons proceeded to Nominate Commanders for their new Army, and appointed Sir Tho. Fairfax to be General, and Major Shippon to be Major-General. And on the 28th of January the Ordinance for raising and maintaining of Forces under the Command or Sir Tho. Fairfax being compleated and passed by the Commons was sent up to the Lords for their Concurrence; who read it twice and committed it, Febr. 1. and on the 4th of the same Month returned; It passed their Houses, but not without Additions, viz. That all Colonels, Majors, Captains, and other Officers in the Army be nominated and approved of by both Houses of Parliament: That all Officers and Soldiers shall take the National Covenant, and upon refusal there of to be for ever incapacitated: That the Lord Lieutenant of every County be of the Committee of that County as to this Ordinance, &c. These Proviso's occasioned several Conferences between the Houses, the Commons consented, That Sir Tho. Fairfax should nominate all the Officers in his Army to be taken out of any the Armies under the Command of the Parliament, and to be approved by both Houses. As also that no Commanders should be admitted, but such as should within twenty days take the Covenant. But could not agree with the Lords, That those Persons in the Army that make a scruple of Conscience to take the Covenant (not out of any disaffection to it, or to the Parliament) should therefore by a Law be for ever made incapable of serving in this Army, since it may happen they may hereafter be satisfied and take the said Covenant. Whereupon the word Incapable was left out, and that Ordinance on the 15th of February was pass'd as followeth.
Be it Ordained, and it is Ordained by the Lords and Commons in Parliament assembled, That there be forthwith raised and formed for the Defence of the King and Parliament, the true Protestant Religion, and the Laws and Liberties of the Kingdom, an Army consisting of Six thousand six hundred Horse, to be distributed into eleven Regiments, and of One thousand Dragoons to be distributed into ten Companies; and of Fourteen thousand four hundred Foot, to be distributed into twelve Regiments, each Regiment of Foot is to consist of Twelve hundred, and each such Regiment to be distributed into and to consist of ten Companies: Which said Army small be paid according to the Establishment hereafter to be made by both Houses of Parliament; and shall be under the immediate Command of Sir Thomas Fairfax Knight, who is hereby Constituted and Ordained Commander in Chief of all the Forces raised, or intended to be maintained, by virtue of this present Ordinance, and shall from time to time be subject to such Orders and Directions as he shall receive from both Houses of Parliament, or from the Committee of both Kingdoms.
III. And it is further Ordained by the said Lords and Commons, That the several Sums hereafter herein mentioned, shall from the first Day of February, One thousand six hundred forty four, be taxed, levied and paid for the maintenance and payment of the said Army, and Charges incident in manner and form following, viz.
V. And that the said several Sums of Money may be duly Taxed, Levied and paid as is hereafter directed: Be it further Ordained by the said Lords and Commons, that the several and respective Committees hereby appointed for the several and respective Cities, Counties and Places aforesaid, shall within Eight Days next ensuing the Publication hereof, meet together at some convenient Place, in every of the said Cities, Counties and Places respectively, and afterwards Seven of them at the least, shall twice every Week at least, meet at such convenient Places as they shall think fit and appoint for the more speedy Execution of this Ordinance, and the said respective Committees are hereby required, and authorized at the Days and Places of their first Meetings, to divide and apportion the several Sums of Money appointed by this Ordinance to be Levied for the Maintenance of the said Army, upon the several and respective Wards, Divisions, Hundreds, Lathes and Wapentakes within the several Cities, Counties and Places aforesaid, according to the usual Proportions and Divisions of Rates in the said Places, and likewise shall and may there agree to divide, and sever themselves for the better Execution of this Ordinance, into such Wards, Hundreds, Places and Divisions within their respective Cities, Counties and Places, as to them shall seem expedient, and to take to their Assistance for the more speedy Execution of the said Service in the several Divisions, such able and sufficient Persons as they shall think fit, and to assemble and meet as often as to them shall seem good; and forthwith the said Committees or any two or more of them respectively are hereby authorized and required to direct their Warrants to such number of Persons as they shall think fit within their several and respective Divisions to be Assessors of the said Rates, which said Persons are hereby authorized and required to assess all and every Person and Persons, having any Real or Personal Estate within the Limits, Circuits and Bounds of their respective Divisions. according to the Rate and Proportion in this Ordinance mentioned.
VI. And be it further Ordained, That the several and respective Committees in each of the several Counties, Cities and Places shall have Power to assess and levy the several Sums before-mentioned upon the Lands, Goods, Annuities, Rents, Offices, or other Estate, Real or Personal, in such manner and form, and according to the most equal and usual Rates for Levying of Money, for maintenance of the Forces for the Defence of the King and Parliament, or by a certain Rate upon the true yearly Values of Lands, Rents, Annuities, Offices, Hereditaments, and according to the true value of Goods, Chattels, Debts, or other Estate Real or Personal within the said several Counties, Cities, Limits or Places respectively.
And to the end, the said Rates be equally and indifferently Assessed, and the Moneys duly collected, and true Accompt thereof made: The said Assessors are hereby required within six Days after such Assessment, made, to deliver one Copy of their respective Assessments fairly written and subscribed by them unto the said respective Committees; and the said respective Committees are hereby Ordained and required to Sign and Seal three Duplicates of the said respective Assessments, whereof one Duplicate the said respective Committees are to deliver to the respective Collectors with Warrant to them to collect the said Assessments; and one other Duplicate to such Person or Persons as the Houses of Parliament shall afterwards appoint for the receiving of the Moneys to be Levied by virtue of this Ordinance; and the third Duplicate unto the Committee of Accompts of the Kingdom, who are hereby authorized to administer an Oath to the Person that shall bring the said Duplicates to the Committee for the Accompts, as hath been accustomed in the Court of Exchequer in case of the Estreats of Subsidies.
VII. And the said several Committees, or any two of them, are hereby respectively authorized from time to time to nominate one or more sufficient and honest Persons in every Division or Allotment, to be Collectors of the said Moneys so Assessed and Rated, which said Collectors are hereby authorized and required to collect the said Moneys so Assessed, and the said Committee or any Six of them are hereby authorized to allow and pay to the said respective Collectors, and their Sub-Collectors, one Peny apiece in the Pound for their pains in Collecting the said Moneys, and one half Peny in the Pound to their Clerks for their pains in fair Writing the said Assessments. And if any Person shall refuse or neglect to pay any Sum of Money whereat he mould be Rated or Assessed, that then it shall and may be lawful to and for the said Collectors or any of them to Levy the Sum so Assessed by Distress and Sale of the Goods of such Persons so refusing or neglecting to pay, deducting the Sum Assessed, and the reasonable Charges of Distraining, and restore the Overplus to the Owners thereof; and to break open any House, Chest, Trunk, Box, or other Thing, where any such Goods are, and to call to their assistance any of the Trained Bands, or any other Forces within the Cities, Counties or Places where any resistance shall be made, or any other Person or Persons whatsoever; which said Forces and Persons are hereby required to be aiding and assisting in the Premisses as they shall answer the contrary at their Perils. And if any question or difference happen upon the taking such Distress between the Parties distrained, or distraining, the same shall be ended and determined by the said Committees, or any two or more of them: And the said several Committees, or any two or more of them, are hereby authorized to use such other lawful ways or means for the speedy Levying of the said Assessments, as to them shall be thought fit. And if any Person or Persons shall neglect or refuse to pay his Assessment, and convey his or their Goods, or other Personal Estate, whereby the Sum of Money so Assessed cannot be Levyed according to this Ordinance; then the said respective Committees, or any two or more of them, are hereby authorized to imprison the Persons, and Sequester the Estate of any such Person, for the advancement of the said Service; and the Tenants of all Houses and Lands, which shall be Rated by Virtue of this Ordinance, are hereby required and authorized to pay such Sums of Money as shall be Rated upon such House and Lands, and to deduct out of their Rents so much of the said Rates, as in respect of the Rents of every such House and Lands, the Landlords should or ought to pay and bear, and the Landlords both mediate and immediate, according to their respective Interests are hereby required to allow such Deductions and Payments upon the receipt of the residue of their Rents. And be it provided, That every Tenant paying the said Assessment shall be acquitted and discharged for so much Money as the said Assessment shall amount unto, as if the same had been actually paid, unto such Person or Persons, unto whom his Rents should have been due and payable.
VIII. Provided also, and be it Ordained, That all Fee-Farm Rents due to his Majesty, all Rents and other Sums reserved by the Court of Wards, out of any Wards, Infants, or Lunaticks Estates, and all other manner of Rents, Payments, and Sums of Money, and all Annuities issuing out of any Lands within any City or County, shall be lyable towards the Payment of any Sum by this Ordinance to be Taxed and Levied. And all the Tenants of any Fee-Farm Rent, other Rent, Sums of Money, or Annuities as aforesaid, are hereby directed and authorized to pay them proportionably, according to the Rates, and Assessments by this Ordinance appointed and Ordained. And all such Tenants shall be hereby saved and kept harmless by Authority of both Houses of Parliament from any further payment of such proportion of any such Rent, Rents, Sums or Annuities, either to the Exchequer, to the Committee of the Revenue, to the Court of Wards, or to any other Person, or Persons, to whom any such Rent, Rents, Payments, Sums of Money, or Annuities as aforesaid, shall or ought to be paid, to all intents and purposes whatsoever as fully, and as amply, as if they had paid the same into the Exchequer, to the Committee of the Revenue, the Court of Wards, or to any Person or Persons, to whom the same is reserved, and become due
IX. And if any difference shall arise between Landlord and Tenant, or any other concerning the said Rates; the said several Committees, or any two or more of them, in their several Divisions, have hereby power to settle the same, as they shall think fit.
X. And it is further Ordained, that if any Person, or Persons, shall find him or themselves aggrieved, that he or they, is or are over-rated, and shall within six days after demand, make complaint to the Committees who Signed, or allowed his or their Assessment; The major Part of the said Committees shall have power upon Examination, within eight days after the Demand as aforesaid, to relieve such Person or Persons as they shall see cause. And the said Collectors and every of them are hereby required from time to time, to pay such Sum and Sums of Money as shall be by them collected by virtue of this Ordinance, to such Person or Persons as the Houses of Parliament shall afterwards appoint for receiving of the Moneys to be Levied by Virtue of this Ordinance.
And be it further Ordained by the said Lords and Commons, That if any Person or Persons shall wilfully neglect or refuse to perform his Duty in the due and speedy Execution of this present Ordinance; the said respective Committees, or any five or more of them, have hereby power to impose upon such Person or Persons so refusing or neglecting their Duties, such Fine or Fines, as to them shall be thought fit; and cause the same to be Levied by Distress and Sale of Goods in manner and form aforesaid. Provided, That no Fine to be imposed by any of the said Committees, shall for any one Offence exceed the Sum of Twenty Pounds, to be paid for the Forces raised by virtue of this Ordinance. And that no Fine to be imposed upon any Assessor, Collector or other Person to be employed by the said Committees in the said Service, shall for any Offence exceed the Sum of Forty Shillings: And that no Privilege, Place, or Person within the Cities, Countries and Places aforesaid shall be exempted from the said Assessments and Taxes.
XI And be it further Ordained, That the said several and respective Committees, and every of them, shall from time to time give a true and perfect account of all their doings and proceedings in the Execution of this Ordinance, to the Two Houses of Parliament; or to such Persons as they shall appoint.
XII. And be it further Ordained by the said Lords and Commons, That every Captain both of Horse and Foot, and every other Inferior and Superior Officer, or other, in the said Army, whose Pay comes to Ten Shillings a day, or above, shall take but half the Pay due to him, and shall respite the other half upon the Publick Faith, until these unnatural Wars be ended. And every Officer or other that is to have Five Shillings a day, or above, and under Ten Shillings, shall accept of the two thirds of the Pay due to him, and shall respite one third part upon the Publick Faith, until these Unnatural Wars shall be ended. And when there is three Months Pay due to any of them, or more, a Certificate thereof from such Person or Persons as the Houses of Parliament shall afterwards appoint for the receiving of the Moneys to be Levied by virtue of this Ordinance, shall be sufficient to demand the said Moneys owing upon the Publick Faith as aforesaid.
Provided always, That such Rates and Assessments that shall be made by virtue of this Ordinance, upon any Peers, Members, Assistants or Attendants upon either of the Houses of Parliament, for any Rate or Tax made within the Cities of London and Westminster or Lines of Communication, shall before the same be Levied, be presented to the respective Houses, where any Peer, Members, Assistants, or Attendants shall be concerned therein respectively, and by such respective House allowed and approved of; any thing in this Ordinance to the contrary notwithstanding.
XIII. And it is further Ordained, That the Persons hereafter named respectively shall be Committees for the several and respective Cities, Counties and Places hereafter mentioned, to put this Ordinance in Execution, in the several and respective Counties, Cities and Places, for which they are hereby respectively appointed Committees. Viz.
XIV. Provided, That from and after the first of February 1644, no more Money shall be raised upon the respective Counties of Sussex, Surry, and Kent, by virtue of any former Ordinance of Association, than what the Committees of the said Counties respectively shall raise, for paying of Arrears due upon any former Ordinance for paying the respective Garrisons in the said Counties, according to the Establishment of the said Garrisons, and for paying such Forces for the defence of their Counties, as the respective Committees and Deputy Lieutenants or the major Part of them shall think fit.
XV. Provided, That the Commander in Chief nominated in this Ordinance shall have power to nominate all Colonels, Lieutenant Colonels, Serjeant Majors, and Captains out of any of the Forces under the Command of the Parliament to be approved of by both Houses of Parliament.
Provided further, That all Commanders and Officers that shall be imployed in this Army, and to be approved of by both Houses of Parliament as aforesaid, mail take the National League and Covenant of both Kingdoms within twenty days after they shall be Lifted in the said Army which Solemn League and Covenant shall be tendered as aforesaid unto all the Officers before mentioned by some Minister whom the Commander in Chief shall choose in the Presence of him the said Commander in Chief, or the Major-General: And a Return to be made by them unto the Two Houses of Parliament from time to time of the Names of all such as shall take the same; and all such as shall refuse to take the Solemn League and Covenant, shall upon their refusal be displaced, and shall not be admitted to any Office or Command in the said Army, until they shall have taken the said Solemn League and Covenant, in manner and form as aforesaid, and such their Conformity certified and approved of by both Houses of Parliament.
XVII Provided also, That every Lord Lieutenant, who is not disabled by Ordinance of Parliament to sit in the House of Peers, shall in their several and respective Counties, be of the Committee now appointed by this Ordinance.
XVIII. Provided further, That all Arrearages due upon the several Ordinances of Weekly Assessments for the Seven associated Counties of Norfolk, Suffolk, Lincoln, Cambridge, Essex, Hertford, and Huntington, which are yet Unlevied shall be Levied according to the said several Ordinances, notwithstanding the Expiration of the said Ordinances by which they were due, and notwithstanding this Ordinance, or any thing therein contained to the contrary.
An Express being sent to Sir Tho. Fairfax to invite him to come up to the Parliament; He on Febr. 18. came to London in a private manner, accompanied only with Col. Sir William Constable, Col. Rigby, Col. Sandys, Col. Alured, and some few other Officers. And next day the House of Commons sending Four of their Members to him, he was by them Conducted into the House, where a Chair was placed for him, but he modestly refused it, and stood bare whilst the Speaker told him what he had in Command from the House to deliver unto him, which was,
"That that House, out of the great Experience and Confidence they had of his Valour, Conduct, and Fidelity, had thought fit to confer the great Trust of Commanding their Armies in Chief upon him: And giving him Thanks in the Name of the House for his many and great Services past, encouraged him to go on as he had begun, assuring him of the Care and Protection of the Parliament in the discharge of that weighty Trust which the Kingdom reposed in him.
But in the approving the List of Sir Thomas's Officers there was like to be a difference between the Two Houses, but after several Conferences the Peers, March 18. concurred without making any Alteration at all, which was so acceptable to the Commons, that they sent a Congratulatory Message to the Lords, and to assure them of the real Affection and Endeavours of the House of Commons to support their Lordships in their Honours and Privileges.
The List of the Officers of the New-Model'd Army.
March the 24th, The Commons Reassumed the Debate of an Ordinance (the same in effect with that before Rejected by the Lords, but with some alterations) for calling in the Members of both Houses from Military and Civil Places and Offices, which was Read a first and second time, and Committted.
The same day they took into Consideration the Commission to be given to Sir Tho. Fairfax, and to that purpose an Ordinance in the nature of a Commission was also read the first and second time, and Ordered, That some Members of the House should presently withdraw, and make some Alterations in a Clause therein, and to Report before the Rising of the House, which being done accordingly, it was Read the third time, and passed the same Morning, and ordered to be sent up to the Lords for their Concurrence.
Likewise a Message was sent to the Lords to desire a Conference, which being agreed to, Sir John Evelyn Jun. in the Name of the Commons House declared to their Lordships to this effect: That when the Commons received the last Message, and Satisfaction from their Lordships, in passing the List of the Officers for Sir Thomas Fairfax's Army, the House of Commons took special notice that their Lordships desired that all united Correspondency might be between both Houses, and that he was now commanded by the House of Commons to express their desire of an happy Concurrence, being very sensible, that it was the greatest Endeavour of some Persons ill affected to foment discontents, and to Report that the House of Commons aimed to undermine their Lordships Privileges, which Intention they disclaimed and abhorred. Also that they did acknowledge the many Noble and Renowned Actions performed by their Lordships Ancestors in defence of the Liberty of the Commons, and did take notice of the Labours and unwearied Endeavours of their Lordships in assisting them in the present great Affairs of the Kingdom, for the safety of it, without respect to themselves, or their particular Safeties, and wished that punishment might be inflicted on those that endeavour to raise up such a confusion as must ensue the disjoining or putting variance between the Two Houses, against which the Commons did protest, and therefore desired, That their Lordships would concur with them to find out the Raisers and Spreaders of such false and mischievous Reports.
That whereas many disaffected Persons had endeavoured to foment Jealousies and Divisions, by raising a Report, That the House of Commons had an intention to subvert the Peerage of England; The House of Commons do declare, that they do so far detest any such design or intention, that they will use all possible means for the discovery of the Authors of such Report, and to bring them to condign punishment. And do further declare, That as they have bound themselves by several Protestations, so they will ever be as tender and careful to maintain the Honour and Rights of the Peerage of England, as their own.
Apr. 1. At a free Conference of both Houses, Reasons being given by the Commons for the speedy passing the Ordinance Commissionating Sir Thomas Fairfax, the Lords returned to their House, and passed the same without any Alterations: The purport of which Ordinance was to Constitute Sir Thomas Fairfax Commander in Chief of the Army, and them to lead against all Rebels, Traytors, and other common Enemies, and them to kill and stay, &c. Also giving him power to Exercise Martial Law, according to the Rules of War, and the Laws and Ordinances confirm'd this present Parliament, which were to be read in the Head of his Army. Likewise that he should have Command over all Castles, Garrisons, or Towns Fortified, or to be Fortified, not removing or displacing the Governours. That he should have power to nominate a Provost Marshal, or Marshals for the Executing his Commands, and to Command Waggons, Carts or Boats, for the Carriage of his Ordinance, Ammunition or Provisions, as there shall be Occasion, &c.
Furthermore, The Commons took into Consideration the Officers not Imployed under Sir Thomas Fairfax, and Ordered that all such Officers, upon Certificate of their good Carriage from Major General Skippon, shall have their Arrears Audited, allow'd and paid.
April 2. The Lord General Essex, the Earl of Manchester, and the Earl of Denbigh in the House of Peers offered to Surrender their respective Commissions, which was accepted and approved of by that House, who thereupon desired a Conference with the Commons, where a Paper was read presented by the Earl of Essex to this Effect: That he having been imployed for almost three years past as Lord General of all the Parliament's Forces raised for the Defence of the King, Parliament and Kingdom; which Charge he had endeavoured to perform with all Fidelity and Sedulity; yet considering by the Ordinances lately brought up to the House of Peers, that it would be advantagions to the Publick, he desired to lay down his Commission, and freely to render it into the hands of those from whom he received it, and desired that such of his Officers as have been faithful in their Places, and should now be left out, might have a considerable Part of their Arrearages paid unto them in as convenient time as both Houses of Parliament should think fit, and Security by the Publick Faith for the Payment of the rest. And whereas there were three of the Officers fallen into the ill Opinion of the Honourable Houses, he moved that they might be brought to a speedy Trial, that so either their Innocency might be manifested, or they might suffer condign Punishment according to their Demerits.
That whereas the Earl of Essex, Earl of Manchester, and the Earl of Denbigh, had this day in the House of Peers laid down their Commissions, the said House doth declare, That they do esteem it an acceptable Service in this Conjuncture, and an evident Demonstration of the Fidelity and Care these three Honourable Lords have to the Publick, and therefore this House does desire the House of Commons to concur with them therein, for that as they had received their Commissions from both ' Houses of Parliament, so they laid down their Power into those hands from which they received it: And they likewise moved, That a course may be taken for the Payment of their Officers Arrears.
Die Jovis 3. Aprilis 1645.
Be it Ordained by the Lords and Commons Assembled in Parliament, that all and every of the Members of either House of Parliament shall be, and by Authority of this Ordinance are Discharged at the end of forty days after the passing of this Ordinance, of and from all and every Office or Command Military or Civil, granted or conferred by both or either of the said Houses of this present Parliament, or by any Authority derived from both or either of them since the 20th day of November 1640.
And be it further Ordained, That all other Governours and Commanders of any Island, Town, Castle or Fort, and all other Colonels and Officers inferior to Colonels in the several Armies, not being Members of either of the Houses of Parliament, shall according to their respective Commissions continue in their several Places and Commands, wherein they were imployed and intrusted the 20th day of March 1644 as if this Ordinance had not been made. And that the Vice-Admiral, Rear-Admiral, and all other Captains, and other inferior Officers in the Fleet, shall according to their several and respective Commissions continue in their several Places and Commands, wherein they were imployed and intrusted the said 20th day of March, as if this Ordinance had not been made.
Provided always, and it is further Ordained and Declared, That during this War, the Benefit of all Offices, being neither Military nor Judicial hereafter to be granted, or any way to be appointed to any Person or Persons by both or either House of Parliament, or by Authority derived from thence, shall go and inure to such Publick Uses as both Houses of Parliament shall appoint. And the Grantees and Persons executing all such Offices shall be accountable to the Parliament for all the Profits and Perquisites thereof, and shall have no Profit out of any such Office, other than a competent Salary for the Execution of the same in such manner as both Houses of Parliament shall Order and Ordain.
Provided that this Ordinance shall not extend to take away the Power and Authority of any Lieutenancy or Deputy-Lieutenancy in the several Counties, Cities or Places, or of any Custos Rotulorum, or of any Commission for Justices of Peace or Sewers, or any Commission of Oyer and Terminer, or Goal-delivery.
Provided always, and it is hereby declared, That those Members of either House, who had Offices by Grant from his Majesty before this Parliament, and were by his Majesty displaced sitting this Parliament, and have since by Authority of both Houses been restored, shall not by this Ordinance be Discharged from their said Offices or Profits thereof, but shall enjoy the same; Any thing in this Ordinance to the contrary thereof notwithstanding.
The same third of April Sir Thomas Fairfax went from London to Windsor, where he appointed his General Rendezvous, having caused Proclamation to be made throughout London, for all Officers and Soldiers under his Command to give their Attendance there on. Monday the 7th; and there he continued till the last of that Month, diligently busie in Modelling his Army, wherein he was to Encounter the Discontents of those that were reduced under New Commanders, and of those that wholly went off from Imployment. And besides fitting the Train for the Field, and the Attendance of the Recruits from London, an intire New Form was to be introduced into the whole Army, the Forces that remained of the Old Army being not only to be Recruited, but reduced into New Companies and Regiments, as if they had been newly raised.
In this Work Major General Skippon did much assist him, who on Saturday the 6th of April, being come to Reading, where were Quartered five Regiments of the Earl of Essex's Forces, late Lord General, and five Companies of the Lord Roberts, he caused them to be drawn out into the Field, and in the Head of that which had been his Excellency's Regiment, first made the Speech following,
Gentlemen and Fellow-Soldiers all,
I Am now to acquaint you with the Commands of Parliament, to which in Conscience to God, and Love to our Country, we are bound to give all chearful and ready Obedience. There is a Necessity lies upon us (since three Armies are to be reduced into one) that some Commanders and Officers must go out of their Imployments wherein they now are; it is not out of any Personal Disrespect to any of you that shall now go off, therefore I hope you will behave your selves accordingly. I have received Order from the House of Commons to take Notice what the Comportment shall be of those who must now go off, and to certify unto them: I know you will behave your selves like Men of Honour and Honesty (as indeed you are,) and that I shall have no Cause, but to make a good Report of you, which I shall do according to your Carriage in this Reducement, both to the Speaker of the Honourable House of Commons, and the Committee of both Kingdoms, and that particular Committee which are appointed to take you into Consideration, and to take in your Accompts, and pay you part of your Arrears at present, and for the rest, you are to have a Debentur upon the Publick Faith of the Kingdom. But if there shall be any among you, who out of any Personal Respect or private Discontent shall make any disturbance in this Reducement, so as to obstruct or hinder a Work of so Publick Concernment, I shall not fail to give him his true Character to the State, without Personal Respect to any: And therefore let no Man deceive himself, for although he may perhaps occasion some Trouble in the present Business, yet in the Issue, the greatest Mischief will fall upon himself: But I hope I shall find none such here. There is (at present) a Fortnight's Pay to be paid to such Officers as shall go off, which they shall presently have upon their Muster: And as for the Officers and Soldiers that are continued, (as soon as they shall be Mustered and Listed) they also shall have a Fortnight's Pay; and there are Clothes come down for the Soldiers already in part, and 1 assure you, that upon my Life and Honour there are more providing, and you shall be all furnished with Coats, Breeches, Stockings, Shoos, and such Arms as you shall stand in need of, with all good Usage and constant Pay. And that as I have been with you hither-to, so upon all Occasion of Service to my God and Country, I shall by the help of God, be willing to live and die with you.
This Speech, and the great Esteem the Officers and Soldiers in general had for Skippon, had such Influence, that all freely submitted, and those five Regiments and five Companies were reduced into three Regiments; which Work being happily affected on that Regiment which was the late General's, and so like to prove most refractory, especially for that they were Quartered in a Frontier Garrison so near the King's Quarters, which made the matter more hazardous; They, I say, being so quietly reduced, set an Example to the rest in other Places, so that in a short time the whole Army was brought into the New designed Model, notwithstanding that at this time Dalbeer with eight Troops of Horse, stood at a distance, insomuch, as he and they were expected at Oxford, but at last submitted to the Parliament.
The State of the Kingdom as to the Strength of his Majesty, and that of the Parliament in the Beginning of May 1645, Exhibited in Two Tables: The one shewing unto what Counties, Cities, Towns, Castles and Places of Strength, the King's forces reached and Garrisoned, as also the Field-Forces his Majesty had to maintain the same, and to Enlarge his Quarters.
The First Division.
The King's Field-Forces for the WEST.
The King's Field-Forces for the securing these Western Counties and Garrisons even from Oxford to the Mount in Cornwall, under the Command of the Lord Goring, the Lord Hopton, Sir Richard Greenvile, and Major General Sir John Digby, Brother to George Lord Digby, may modestly be computed to be in Number above 100000 Horse and Foot, besides their several Garrisons secured; as may easily be credited, if it be considered, the great Force they had before Taunton, during the two strait Sieges thereof, and the many Men they lost in both those Services, and yet with what a considerable Army they were at Lamport, when they were Beaten there, and at the same time also maintaining the Siege before Plimouth with a considerable Force.
Besides, His Highness Prince Charles was then in Person in the West, raising New Forces, whose Presence had such Influence in those Parts, especially on the Club-men, (who were thereby made bold in their Meetings, and receiv'd Commission under his Hand and Seal, to form themselves into Regiments) that it was no small Addition of Reputation to that Army.
The Parliament's Field-Force for the WEST.
The Parliament (not thinking it safe to spare the New raised Army under his Excellency Sir Thomas Fairfax, to attend the Great Business of the West, and leave the Parliament, City and Association, without a Guard, and the Royal Army about Oxford unattended:) designed only the remaining Regiments of the Earl of Essex's and Sir William Waller's horse, which were not reduced into the New Model to busie the Enemy in the great West, viz. of Sir William Waller's, Col. Cook's, Col. Fitz James, Col. Popbam and the Plimouth Regiment; of the Earl of Essex's Forces, the Relicts of Col. Bears, and Col. D' Albiers Regiments, under Lieutenant Colonel Buller, Assigned over to Major General Massey, Which Regiments were formed into a Brigade, and designed under the Command of Major General Messey for the Western Parts, but a little before the Battle at Naseby.
The Second Division.
The King's Field-Forces for the Midland-Counties.
1. The Royal Army, Countenanced by the King's own Presence in it, commanded by Prince Rupert and Prince Maurice, which was that Army which sought his Excellency Sir Thomas Fairfax his Army at Naseby, the King in Person at that Fight.
4. And likewise had strong Parties of Horse, attending the Garrisons of Chester, Ludlow, Bridge-North, Lichfield, Worcester, Dudley, Newark, and Hereford, which upon any Design met together, and were a formidable Force.
The Parliament's Field-Forces for the Midland-Counties.
The Parliament had to Ballance this Royal Army in the Midland-Parts, the New Model, far short of its intended Number of 21000 under the Command of his Excellency Sir Thomas Fairfax (part whereof were, as soon as they marched into the Field, sent to Taunton) the only Inland Garrison the Parliament had in the West of England, to raise the Siege there, and relieve that Place, that other-wife had been lost) which was no sooner done, but Goring, Hopton, and Greenvile, joyn all their Forces together, made a great Army, and Besieged the Town again, and therein that Brigade that relieved it, distressing them much for Forage and Provisions. The rest of the Army, after the relief of Taunton, were allotted to his Excellency to Guard the Parliament, City and Association, and therewith to attend the Motions of the Royal Army; and our Besieged Friends and Brigade in Taunton must not be neglected neither. There were some other Forces belonging to Garrisons, which upon Occasion might be assisting to the Parliament, viz. those under Major General Langhorne in South-Wales, Sir Thomas Middleton in North-Wales, those under Major General Mitton in Shropshire, Sir William Brereton in Cheshire, the Staffordshire, Warwickshire, and Northamptonshire Horse, and the Horse of this Army under Col.
Rossiter in Lincolnshire, Sir John Gell in Derbyshire, and Col. Norton in Hampshire.
The Battel at Marston-Moor divided those Parts for the Parliament; yet there remained of Garrisons, belonging to the King unreduced, Skipton-Castle, Pontfract-Castle, Scarborough-Castle, Sandal and Bolton-Castles in Yorkshire, (before all which Places some of the Forces raised under the Lord Fairfax were Engaged) besides Latham-House, Greenbaugh-Castle in Lancashire, besieged by the Lancashire Forces, and Carlisle in Cumberland, besieged by the Scotish Forces; and in case The King had attempted a Conjunction with Montross, the Scotish Army being far North, Was in a convenient Post to interrupt that or any such like Design.