House of Lords Journal Volume 10: 19 May 1648

Die Veneris, 19 die Maii.

PRAYERS, by Mr. Good.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Mason, a Pass.

Ordered, That Mr. Richard Mason shall have a Pass to transport Three Nags into France, and to go with them himself.

Report concerning the intended Insurrection.

The Report from the Committee at Derby House, concerning the Design of listing of Men under an Oath of Secrecy. (Here enter them.)

Answer from the H. C.

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

That they agree that Prince Phillip and Sir James Bannatyne do transport the Number of Men desired into Italy; (Here enter them.) to the Ordinance concerning uniting the Two Churches in Devonshire; and to the Proviso to the Ordinance for Kent; and to the sending a Committee to the Common Council of the City of London; and also they agree to give a Conference this Morning, as is desired: To all the rest, they will send an Answer by Messengers of their own.

Letters from the Commissioners in Scotland.

Letters from the Commissioners in Scotland, were read.

(Here enter them.)

Message from the H. C. with Orders, &c.

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

1. Some Heads to be communicated, by the Committees, to the Common Council of the City of London.

(Here enter them.)

Agreed to.

2. A Letter to be sent to the Commissioners in Scotland.

(Here enter it.)

Agreed to.

3. An Order for Mr. Kempe to be satisfied a Debt, out of the Estate of Thomas Mills Esquire.

(Here enter it.)

Agreed to.

4. An Order to pay One Hundred Pounds to Captain Nicholetts. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up.

E. of Stamford, Leave to be absent.

Ordered, That the Earl of Stamford shall have Leave to be absent for a Month.

The Earl of Manchester reported a Paper from the Committee at Derby House; which was read, as followeth:

Papers from the Commissioners at Derby House, concerning Transactions at Bury and Exeter, and concerning the Disposal of the Forces.

"Die Veneris, 19 Maii, 1648.

"By the Committee of Lords and Commons, at Derby House.

"Ordered, That the Letter from the Lord General, and the Letter from Captain Markham inclosed, and also the List how his Forces are disposed, be reported to both Houses.

"That the Transaction of the Affair at Bury, by the Commissioners sent thither, and Colonel Desborow, be reported to both Houses.

"That the Letter of the Lord General, concerning the Business at Exeter, together with Letters from Exeter to the General about that Business, be reported to both Houses."

The aforesaid Papers and Letters were read. (Here enter them.)

Message from the H. C. for the Design of the intended Insurrection to be communicated to the City.

A Message was brought from the House of Commons, by Mr. Wheeler, &c.

To desire that those Papers which were reported from the Committee at Derby House, concerning the Design against the Parliament and City, may, by the Committee, this Afternoon, (fn. 1) be communicated to the Common Council of London.

The Answer returned was:

Answer.

That this House agrees to have the Papers of Information to be communicated to the City this Afternoon, by the Committees.

Heads for the Conference about the King's Children.

The Earl of Manchester reported the Heads of the Conference with the House of Commons, concerning the King's Children; which were approved of.

(Here enter them.)

The House was adjourned during Pleasure; and the Lords went to the Conference with the House of Commons.

Which being ended, the House was resumed.

Sir. Theod. Mayerne, a Pass.

Ordered, That Sir Theodore Meyherne shall have a Pass, for himself, Family, and Horses, to be transported into Holland.

Ordered, That the Earl of Warwicke is added to the Committee that is to go to the Common Council this Afternoon in London.

Earl of Warwick disclaims the Engagement of Essex.

The Earl of Warwicke acquainted the House, "That he lately saw a Pamphlet, printed, being called An Engagement of the County of Essex, wherein his Name is mentioned; but he knew nothing of the Business, and would be ready to obey any Commands which their Lordships should employ him in."

P. Philip to raise 1000 Men for Italy.

"Upon the Desire of the Prince Elector, in the Behalf of Prince Phillip his Brother;

(fn. 2) Passed H. C. 18° Maii, 1648.

"It is Ordered, by the Lords and Commons assembled in Parliament, That Prince Phillip shall have Power to entertain and transport such Persons as shall willingly go, not exceeding the Number of One Thousand, upon the Conditions tendered in the Prince Elector's Letter; and that it be referred to the Committee for Prisoners, to take Care that the said Cautions and Conditions may be observed."

Letter from the Commissioners in Scotland, with the following Papers.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore. These.

"My Lord,

"We, staying a Week in Expectation of an Answer to our Paper concerning Berwicke, and not receiving any, did send the inclosed, to second our former Demands. Since, we have received both the Answers herewith sent; and however One of them do bear Date the 2d of May, yet we had it not till the 10th. The next Day we did receive the other Answer; but the Parliament here adjourning that Night till the First of June, and a Committee of Estates established in the mean Time, who having yet sitten but Once, we could not hitherto send Replies to them; which we intend to do with the First Opportunity, as also to deliver them the Vote of the 6th of May, according to the Order of both Houses which we did receive upon the 13 of this Month; wherein, and in all other Things, shall endeavour to approve myself,

"My Lord,

Edinburgh, May 14th, 1648.

"Your Lordship's

"Most humble Servant,

"C. Nottingham."

Paper from them to the Parliament of Scotland, about the Surprizal of Berwick and Carlisle by Malignants who had resorted to Scotland.

"Edinburgh, May 9th, 1648.

"By our Paper of the Second of this Month, we did declare, That those who had seized the Town of Berwicke upon Tweede, and kept it as a Garrison, were Enemies and Traitors to the Parliament and Kingdom of England, and all others of the English Nation who were any Ways aiding or assisting to them; and the like for the City of Carlile: And forasmuch as what they have done herein was against the large Treaty and Act of Pacification, passed by the King and the Parliaments of both Kingdoms; and considering the great Mischief that might follow upon it, if they should be furnished with Arms, Ammunition, and Provisions, out of this Kingdom; we did, for Prevention thereof, demand that your Lordships would likewise speedily declare against them, and all of this Nation that should aid or assist them: But we are very sorry, in a Business of so great Concernment to the Peace and Good of both Kingdoms, we should have Cause to complain, after a Week's Expectation, that we have not received any Answer from your Lordships; especially now, being informed that several Loads of Arms, Ammunition, and Provisions, have, since the Second of this Month, been conveyed out of this Kingdom into the said Town of Berwicke, which we hope was only done by some particular Malignants and disaffected Persons of this Kingdom, and not by any Allowance or Connivance from your Lordships; it being so directly against. not only the Treaty betwixt both Kingdoms, but against the solemn League and Covenant, wherein we have sworn not to suffer ourselves, directly nor indirectly, by whatsoever Combination, Persuasion, or Terror, to be divided or withdrawn from the blessed Union and Conjunction of these Kingdoms, either by making Defection to the contrary Party, or by giving ourselves to a detestable Indifferency or Neutrality in this Cause: And therefore all those who have taken the Covenant must needs engage God against them, if they any Ways engaged with or assist those Men in Berwicke and Carlile, who (as we are informed) have many Papists come daily to join with them; and themselves are of the Popish and Prelatical Party, who have been in Arms against both Kingdoms, and against that Cause wherein we have been happily united, and to which God hath given a Blessing of Victory and Success. And as we are most confident, that not only the Parliament of England, but also all the religious Persons, and those who have been faithful to this Cause in England, will still be united against those in Berwicke and Carlile, and all other our common Enemies; so we cannot doubt but that your Lordships Actions and Determinations will be such, as shall speak you to have the same Affections and Resolutions to the Preservation of the Union betwixt these Kingdoms, and to the Maintenance of this Cause against the common Enemies of it, that ever you had; from which if either Kingdom do recede, it can only be an Advantage to the Rebels of Ireland, and the Popish and Prelatical Party of England and Scotland; but must be a Reproach, Loss, and infinite Hazard to all the rest, which we are well assured the Kingdom of England will no Ways be guilty of; and we hope the same of your Lordships, that your Proceedings will be such, as we shall never hereafter have Cause to remember how many of our English Delinquents did lately resort hither; how long they had Shelter and Freedom here; how often we did, by Directions and in the Name of the Parliament of England, demand some of the chief of them to be delivered to us, and had them not; how many Meetings and Consultations they had in this City; how they went from hence when they did take Berwicke and Carlile, some of those Soldiers (as we are informed) having for divers Weeks before had Free Quarter in this Kingdom, and divers of them Pay (as themselves affirmed); that those who are now Chief Commanders in them were here, and demanded by us; and that since (in the Time of the Delay of your Lordships Answer to our last Paper) they have (as we are credibly informed) been furnished with Arms, Ammunition, and Provisions, out of this Kingdom. We do therefore earnestly press your Lordships, to take our Paper of the Second of this Month into Consideration, that so all such Mischiefs for the future may be prevented (until it please God, by His Blessing upon the Forces of the Kingdom of England, to give those Persons in Berwicke and Carlile into their Hands); and, by your Lordships Actions and Resolutions, tending to Peace and Union of the Kingdoms, there may be a further declared and manifest Confidence and good Understanding betwixt both Kingdoms; which, for our Parts, we shall not only heartily desire, but earnestly and faithfully endeavour.

"By Command of the Commissioners of the Parliament of England.

"Tho. Reade."

Answers from the Parliament of Scotland.

"Edinburgh, 2d of May, 1648.

"The Estates of Parliament have considered the Two Papers, bareing Date the 19th and 29th of Aprill, presented to them from the Commissioners of both Houses of the Parliament: To which they retourne this Answere, That the Persons remaunded not being, as they are informed, in this Kingdome, they thinke it not necessary to insist upon giveinge the Reasons of their former Answer; but, if the Commissioners of both Houses shall thinke it fittinge, they will appoint a Committee to conferre with them annent those Articles of the large Treaty mentioned in your Papers, and how farre either Kingdome stands ingaged thereby, wherein they are confident to give all just Sattisfaction.

"Extract forth of the Bookes of Parliament, by me, Sir Alexander Gibson, of Dueri, Knight, and Cler. of His Majesty's Registers, Concells, and Rolls, under my Signe and Subscription Manuell.

"Alex. Gibson, Cleric. Regis.

"Memorandum, Received this the 10th of May, 1648, in a Letter from the Lord Chancellor, of the said 10th of May."

"Edinburgh, 10th May, 1648.

"Answere of Parliament to the English Commissioners their Papers, given in to the Parliament, of the 9th of May, 1648.

"Whereas your Lordships mentioned, by your Paper of the 2d of May Instant, that you formerly had given us Notice of a Designe some English Delinquents, had to seize upon the Towne of Berwicke upon Tweede; by the same Addresse, you informed us that Guards were kept there, for preventinge any such Designe. And as to your Demaunds concerning the Delivery of Captaine Wogan and his Troope, and Sir Thomas Glemmon, Sir Marmaduke Langdale, Sir Phillip Musgrave, Colonell Wray, and Sir Lewis Dives, wee gave you such Answers thereunto as wee conceived agreeable to the Treatyes, which, by our Paper of the 2d Day of May Instant, wee offer'd to assert by Conferrence. And whereas you give us Notice, that the Townes of Barwicke and Carlile are seized upon, contrary to the severall Treatyes betwixt both Kingdomes; and, by virtue of the large Treaty, your Lordships, in Name of both Houses of the Parliament of England, doe declare all those who have seized and taken the said Townes, or doe now hold and keepe the same in a hostill Way as a Garrison, to be Enemyes and Traytors to the Parliament and Kingdome of England, and in Armes against them, and likewise all Englishmen who shall any Wayes be aydinge, assisting, or abettinge to them; and doe, in their Name, alsoe demaund that, in order to the Repressing of them, wee should declare them Enemyes to this Kingdome, and likewise any of this Kingdome who shall ayde or assist them: To this, and your Paper of the 9th relateing thereto, wee retourne this Answere, That, as wee have bin alwayes most carefull to preserve unviolated, on our Parts, all the Articles of the Treatyes betwixt the Kingdomes, soe when wee shal be certainly informed by what Persons, and by what Power and Authority, these Places are seized upon and garrisoned, your Lordships may bee confident that this Kingdome will doe thereupon what is just and fitt, and agreeable to the solemne Covenant and Treatyes; and upon this, and any Thing else you have in Commaund from the Houses, wee are ready to appoint some to conferre with you.

"Extract forth of the Bookes of Parliament, by me, Sir Alexand'r Gibson, of Dury, Knight, Cleric. of His Majesty's Registers, Councell, and Rolls, under my Signe and Subscription Manuell.

"Alex. Gibson, Cleri. Regi'r'."

"Heads to be communicated to the City, for preserving a good Agreement and Correspondence between the Parliament and City.

Heads to be communicated to the City, for preserving a good Agreement, &c.

"1. That the Committee express the Experience of those Advantages the Parliament and whole Kingdom had, in carrying on the Public Cause, during the late Wars, whilst a good Correspondence continued between the Parliament and City; and that they acquaint them with the Dangers threatening the Cause we are engaged in, by the Encouragement the common Enemy hath taken, since the former Compliance hath been interrupted.

"2. And, that they may not be misled by the malicious Endeavours and Aspersions of such as are Enemies to Peace, you are to acquaint them with the following Particulars:

"1. The Vote for continuing the fundamental Government of this Kingdom, by King, Lords, and Commons.

"2. The Resolution of Conjunction with our Brethren of Scotland in the Propositions lately presented to His Majesty at Hampton Court, and such further Proceedings thereupon as shall be thought fit for the Settlement of the Peace of both Kingdoms.

"3. To signify, That the Houses of Parliament, as they have been ready to satisfy the Desires of the City for their Security; so they expect that the City be careful so to dispose of the Militia, that the Safety of the Parliament and Kingdom be provided for."

Letter to the Commissioners in Scotland, about the Desires of the Parliament of Scotland.

"My Lords and Gentlemen,

"The Houses of Parliament received a Letter from the Lord Chancellor of Scotland, with a Paper of Desires of the Parliament of Scotland therein inclosed, upon the Third of May Instant. We send you here inclosed the Answer returned thereunto by their own Messenger; in Pursuance whereof, you are to acquaint the Parliament of Scotland, or the Committee or Convention of Estates if the Parliament be not sitting, That, before the Houses received the Lord Chancellor's Letter and Paper, they were in Debate of those Resolutions which they have lately sent to be communicated to the Parliament of Scotland, for the Preservation of a good Correspondency and Brotherly Union betwixt the Kingdoms, by that their real Offer of Conjunction, which their Brethren of Scotland, in the Propositions formerly agreed on by both Kingdoms, presented to the King at Hampton Court; wherein Religion, the Covenant, and Treaties, and other Things necessary for the Peace of both Kingdoms and Preservation of the Union, are provided for. And you are further to acquaint the Parliament of Scotland, or, if they be not sitting, the Committee or Convention of Estates, That, when the Parliament of England shall receive their Answer concerning their Conjunction therein, they shall then be ready to give Satisfaction in those Things which shall be judged necessary for the Peace of both Kingdoms, and which shall not intrench upon the particular Interest of this Kingdom, and Privileges of Parliament. This being all we have in Command from the Houses, we rest.

"To the Right Honourable the Commissioners of the Parliament of England residing in Scotland."

Kemp to be paid a Debt out of Mills's Estate.

"Ordered, by the Lords and Commons assembled in Parliament, That the Estate of Thomas Mylles Esquire be liable to pay the Debt of Mr. Kempe, as the Estate of Sir John Mylls his Father was liable to the Payment thereof by former Order of this House."

Order for 100£. to Captain Nicholetts.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred Pounds be bestowed upon Captain Nicholetts; and that the same be charged upon the Receipts at Habberdash'rs Hall, and forthwith paid to the said Captain Nicholetts, by Order of the Committee of Lords and Commons usually sitting there."

Letter from L. Fairfax, about the Disposal of the Forces, to suppress the Insurrections in Suffolk, Lancashire, and S. Wales; and for Belvoir Castle to be secured.

"Received 19 May.

"My Lords and Gentlemen,

"I have herewith sent your Lordships the Transcript of a Letter I received from Major Disbrow (who commands my Regiment of Horse), concerning the Issue of the Business at Bury, and some other Passages in those Parts; by which your Lordships may see the Temper of them, and what Necessity there is both of exemplary Punishment upon some Offenders in this Kind, and of some Force to be fixed in those Parts for Prevention of the like in future: And I know (fn. 3) no Way whereby a small Force can be capable to suppress such Insurrections (in a Time and Place of so general Distemper and Disposition to rise), but by fixing of them in a Garrison Posture, whereby they may quarter secure, and be ready, as Occasion happens, to march out upon their best Advantage. I know no Town lying more advantageously in that Kind, for an Influence upon all those Parts, than that of Bury, being near the Center of them, and of large Receipt.

"And I must further acquaint your Lordships, That, considering the great Occasions calling your present Forces other Ways (for the resisting of further Invasions, the subduing of those Forces, and reducing those Garrisons that already appear against you, in the North, Lancasheire, and South Wales, and for suppressing of Insurrections in other Parts), there is no Part of the small Force you have left for the Field can be spared to be fixed in Garrison (for that other Purpose aforementioned) in such a Corner as that Association is; so that, if such a Thing be judged necessary (as it seems to be), it must be done by a particular Force, to be raised for that Purpose, out of the Well-affected in those Parts, which (I presume upon the Experience they have of the Necessity of it) they would be ready to do for their own Security.

"I have Intelligence lately, that Sir Marmaduke Langdale's Forces are come down into Lancasheir, where they are said to have possessed Warrington, and to be raising more Strength, and increasing daily, and like to incroach further; upon which Occasion, I am now sending Colonel Harrison, with his Regiment of Horse, and some others, into Chesheir, to oppose their further Proceeding, and, with what Assistance he can gain from the Gentry and Well-affected to those Parts, to endeavour the clearing of them from those adverse Forces. Colonel Whalleye's Regiment of Horse, and those of my own which were about Bury, are of those that are to march with me into the North, whither I have ordered Colonel Twisleton's Regiment to march before; so that, for the Service and Security of all the Midland Parts, from Trent to Thames, there will be no Horse left (unengaged for present other Ways) but Five Troops of Colonel Fleetwood's Regiment now about Bury, One Troop thereof being assigned to Lyn, and necessarily to continue there.

"For your further Satisfaction wherein, I have inclosed a particular Account how the other Horse are disposed of.

"I hear that Lieutenant General Cromwell, out of his own Regiment and Colonel Thornagh's, hath sent Five Troops of Horse, together with some Dragoons, to the Confines of Shropshire, Cheshire, and North Wales, to whom I shall now send Orders to join with Colonel Harrison against the Enemy in Lancashire.

"For Foot, until some of those that are in Wales be disengaged thence (the Regiment at Whitehall being continued there), I shall have none free to march into the North, save my own Regiment and Half of Colonel Hewson's, Five Companies thereof being already assigned to several Garrisons, and the other Five being indeed more requisite to be left for the Strengthening of Garrisons in these Parts, and to draw out upon Occasion, than to be withdrawn further off.

"I have newly received a Letter from Major Markham (whom I lately appointed, with a Party of Forty Horse out of Colonel Twisleton's Regiment, to possess Belvoyer Castle, which otherwise had been surprized by a Combination of Malignants thereabouts, discovered to Major Markham, as the Bearer hereof can inform you). I have here sent your Lordships his Letter, wherein he desires some Foot to be added; but I have none to assign to him, that can be spared to continue with him; and indeed those Horse he hath (being but a Party of Colonel Twisleton's Regiment) had need shortly to march after the Regiment; so that I conceive it very necessary that he have Power given him to raise some Force, both of Horse and Foot, for the Security of that Place, and Safety of those Parts.

"All which I leave to your Lordships Consideration; and remain

"Your Lordships

Windsor, May 18, 1648.

"Humble Servant,

"T. Fairfax.

"For your Lordships."

Letter from Major Markham, that he has secured Belvoir Castle; and desiring some Foot to garrison it.

"To the Right Excellent and Honourable Thomas Lord Fairefax. Most humbly present.

"May it please your Excellency,

"Since my securing Belvoyere Castle, according to your Excellency's Commands, I find the Country thereabouts, who were formerly very malignant, to be much more exasperated, and give out daily Threatenings to dispossess me. I have Forty Horse by your Excellency's Designment; but the Duty of this Place most proper to Foot (though the Horse are absolutely necessary to awe the Malignants, who were never so high) make most humbly beseech your Excellency to appoint me Forty Foot, by which I may become enabled to discharge my Trust, and evidence myself the Kingdom's and,

SIR,

Belvoire, 16th May, 1648.

"Your Excellency's

"Most humble and faithful Servant,

"Hen. Markham."

Disposition of the Remainder of the Forces in England and Wales.

"An Account how all the Horse and Dragoons are disposed of, not mentioned in the Letter.

"In the North, there are already the Two Northern Regiments under Colonel Lambert, besides Colonel Twisleton's, which is lately sent, as in the Letter.

"In the Southern Parts, Three Troops of Commissary General Ireton's Regiment, engaged for present, Part at Chichester, and the rest at Winchester, to secure the Town and Castle there from being possessed by Malignants, till some other Course be taken to secure or demolish the Castle: The rest of that Regiment are engaged at Bristoll, until the Quiet of that Place be otherwise provided for. Colonel Thomlinson's Regiment, and Two Troops of Dragoons, are, with Sir Hardresse Waller, in Devonsheir and Cornwall, whereof he is forced to employ a Troop of Horse and One of Dragoons to secure Bridgewater.

"Three Troops of Colonel Scroope's Regiment lie in Dorsetsheir, for the Security of the Garrisons there, which are very weakly manned, and for suppressing Insurrections in that County, Som'sett, and Wilts: The rest of that Regiment (fn. 4) who were with Colonel Horton at the Engagement in Wales, yet continue there, where there are also Colonel Horton's Regiment of Horse, and Six Troops of Dragoons, all there before the late Engagement.

"There went also with Lieutenant General Cromwell his own Regiment of Horse, and Two Troops more of Dragoons.

"Colonel Thornhagh's Regiment lay then upon the Passes of Severne, in Worcester and Shrop Sheires, and was appointed to have an Eye to North Wales, save One Troop thereof, which is assigned to Coventry: But whither that Regiment is now ordered by the Lieutenant General, is not here known, otherwise than as in the Letter."

"Instructions for Sir William Playter and Sir Thomas Barnardiston, appointed to go to Bury, in the County of Suffolke.

Instructions for a Committee going to Bury, to suppress the Insurrection there.

"You are to make your Repair, with what convenient Speed you can, to Bury St. Edmond's, in the County of Suffolke.

"You, or either of you, are there to inform yourselves of the Grounds and Causes of the late Insurrection; and, upon the Knowledge of them, you are to endeavour by all fair and peaceable Ways to persuade them to a peaceable and quiet Submission.

"You, or either of you, are to let them know, that if in case they will lay down Arms, and restore the Magazine which they seized upon, and submit themselves to the Houses of Parliament, that they shall be indemnified for seizing the Magazine, or any other Act done in the late Tumult.

"If you find that, after the using of all fair Means, you cannot prevail with them to make an absolute Submission, you are not to capitulate with them; but immediately to send to such of the Horse of Colonel Whalley's Regiment as are nearest quartered unto you, who have Order to follow such Directions as they shall receive from you, for the suppressing of the said Tumult.

"You are to send to such Deputy Lieutenants and Justices of the Peace as you shall think fit, for your Assistance in this Service.

"You are to use all possible Expedition in this Business, it being of that Nature that it admits of no Delay; and you are to give Notice to this Committee of your Proceedings in this Business."

Letter and Papers from the Committee there, about it.

"Right Honourable,

"The Account we shall give to your Lordships, to your Command, touching the Affairs at Bury St. Edmond's, will be best represented by these inclosed Papers, which were in Agitation before your Instructions came down, and concluded within some few Hours after. We are now in quiet Possession of the Town, upon such Conditions as therein are expressed. We had the Assistance of Two Troops of my Lord General's Regiment, and Three of Colonel Fleetwood's, with Three of the Trained Bands of Sir Thomas Barnardiston's Regiment, who were very ready to do Service therein. We cannot yet discover the Bottom of this Design. There was not much Blood shed; but, upon Skirmish in a Sally out, there were Two of the Town killed, and none of ours, only Two Horses. There were Drums beat up last Saturday at Thettford in Norffolke, and many tumultuously assembled; but were soon suppressed by the Mayor's Power. We hear this Day of the like at Stow Markett, in this County; which we have taken Care of, and hope to render a good Account therein. And, not further to be troublesome, shall ever rest

"Your Lordships faithful Servants,

Bury St. Ed'ds, May 15, 1648.

"Wm. Playters.
"Tho. Barnardiston.
"Wm. Soame.

"To the Right Honourable Committee of Lords and Commons for the Safety of the Kingdom, at Derby House. Haste. These."

"May 14, 1648.

"That the Magistrates of the Town find themselves unable to appease the Tumult; and therefore have written to Mr. Wrindue, to come over and treat with Sir Thomas Barnardiston and Major Disbourough Tomorrow about Noon; and therefore are humble Suitors to Major Disborough, that Acts of Hostility may be forborn till that Time be expired; and before that Time happily the Messenger may be returned from Parliament sent by us.

"Mr. Burrough presents his Service to Major Disborough and Captain Blessett."

"For preventing the Effusion of Blood, I send this, to let you know, that if you who are in Arms in the Town do deliver up your Arms, to be disposed of by myself and the Magistrates of the Town, and depart every Man to his own House, I will not suffer any Man's Person to be hurt, or his Estate plundered; but if any do refuse this Offer, they must expect to be dealt withal according to their Demerit. I expect your positive Answer within One Hour, being resolved to lose no Time in compelling such as are obstinate.

May 14, 1648.

"Tho. Barnardiston."

"Maii 14, 1648.

SIR,

There are many Gentlemen that came out of the Country, to assist us from the ill Usage that we might have received from the Original of this Occasion; they being in Defence for the Good of the Town, we shall desire that they may be permitted, if they please, either to stay in Town upon their Occasions, or depart at their Pleasure, and take their own private Arms with them, and be secured from any Danger for the future, for any Act done since this Occasion; and that each Man desiring to pass to any Place may have yours and the Commander's Hand in Chief, to pass quietly. This being confirmed by Sir Thomas Barnardiston, Major Disborough, and the Aldermen of this Town, we do engage ourselves, that they shall lay down their Arms, except their own allowed by their Passes to be carried with them. This to be effected To-morrow Morning, by Ten of the Clock, with a Release of all Prisoners of either Side.

For these in Arms belonging to the Town, your own Conditions propounded, with this Addition of Security for the future; (videlicet,)

1. Horses, Pistols, and Swords, to be allowed: Whereof Pistols are denied.

2. No Violence upon Person or Estate in future: Granted.

3. That no Officer nor Gentlemen, whether Stranger or Townsmen, shall be forced to leave his Sword, Horse, or Pistols, or be imprisoned. All this denied.

"This was delivered by Two, in the Name of Eight of the Town of Bury remaining of the Twelve."

May 14, 1648.

As to the Gentlemen that came into the Town to assist in the Prevention of Disorders there (the Number (as we are informed) not exceeding Five), we do agree shall have Passes, to go peaceably to their own Dwellings, and there abide free from Violence to Persons or Estates for the future, offered by us, or any under our Commands, and to have their Swords and Horses with them; they behaving themselves peaceably, and obediently to Authority of Parliament.

The Prisoners we shall leave in the Town with the Aldermen, upon your Delivery of our Prisoner.

As to the Inhabitants of the Town, according to our former Offer, we agree they shall be protected from Violence to their Persons or Estates, nor shall not be injured by us, nor any under our Commands for the future; they behaving themselves peaceably, and being obedient to the Authority of Parliament.

To these Particulars we agree, upon Condition that we may quietly enter the Town To-morrow Morning, by Nine of the Clock; and that all the Arms and Ammunition (except the Swords allowed to the Strangers) be at that Time laid down in the Market House, and be at the Dispose of Sir Thomas Barnardiston and the Chief Magistrates of the Town. We except to know your Resolutions, in order to these Particulars, this Night by Eleven of the Clock.

Tho. Barnardiston.
"John Disburrow."

To the Constables of the Parish of Nowton, and every of them.

By virtue of His Majesty's Commission to us directed, for securing the associated Counties, and the Maintenance of His Majesty's Rights and Privileges, the Liberties of the Subject, and the Laws of the Land: These are, in His Majesty's Name, to will and require you, forthwith upon View hereof, to send Twenty serviceable Horse to the Town of Bury, for the said Service, with Arms and Men to as many of them as you can furnish; for which, you shall receive the Benefit of His Majesty's Declaration on this Behalf. Hereof fail you not.

14 Maii

Marmaduke Langdale.

Barker.

"Ro. Stenton."

Letter from L. Fairfax, concerning the following One to him.

My Lords and Gentlemen,

I received a Letter from Sir Hardresse Waller, concerning a late very ill Carriage at Exon towards him and his Soldiers, to the Effect as you will see in the Papers inclosed. I thought fit to transmit the whole Business to your Lordships; desiring it may be so far taken into Consideration, as that some timely Course may be taken, to prevent the putting of the Soldiery to the like Extremities, where the Parliament finds Cause to continue any; and to take away Occasions of the like Discouragement to the Soldiery, or Danger of the like Trouble betwixt the People and them, in that or other Places. It is a Time that there are so many Endeavours of several Parties to disaffect the Soldiery from the Parliament Service, or (at least) to make them stagger and scruple their Persistence in it, as there had need be no such further Discouragements as these, whereby to give Advantage to those evil Spirits the more (fn. 5) Work. I remain,

Windsor Castle, 16 May, 1648.

"Your Lordship's

"Humble Servant,

"T. Fairfax.

"For the Right Honourable the Committee of Lords and Commons for Safety, fitting at Derby House."

Letter from Sir H. Waller to L. Fairfax, complaining of the Disaffection of Devon and Cornwall, and of his Forces being ill used and refused Quarter in Exeter, owing to the Influence of the Mayor and Mr. Clarke.

"May it please your Excellency,

"The Times are so full of Distempers, and Mens Hearts so big with Mischief, that I cannot hope to free your Lordship from Advertisements of that Nature. These Two Counties are so generally either for the King's Party, or (if possible) worse Enemies, that I admire they are not all in One Flame; and Providence is infinitely seen, that they are not: And intolerable ill Payment of the Soldiers makes their Temper little better. The Committees (except some few) are such, as either they do not appear to act, or else seen to insinuate with the Cavaliers; and besides these generally, there hath a late Particular hap pened, of that high Concernment, that I think it my Duty to hasten Notice thereof: Finding all these Parts in such a Distemper, I sent as civil a Letter as I could pen, to the Mayor and Aldermen of Exon, that I had sent Men to secure that City, and withal marched the Men into the Town; at which, the Town was put into such a Rage, by the ill Carriage of the Magistrates, that it is even a Miracle how we escaped Cutting of Throats; and although the whole Body of Mayor and Aldermen were combined in the Business, yet only the Mayor and Mr. Clarke (a Member of the House of Commons) expressed their Violence, the Particulars whereof appears in the several Attestations of Officers herewithal sent your Excellency; I being once fully resolved to send up the Mayor and Mr. Clarke as Prisoners, and so to desire that both they and the several Informations might be presented by your Excellency to the Parliament: But we desire rather to fit down with Suffering and Wrong, than give the least Occasion of Offence on my Part, made me to forbear until I had sent first to your Lordship, to know your Pleasure and Directions therein; it being a Matter (as I conceive) of very great and near Concernment. The Foot I sent to Town were, by the Appointment of the Magistrates, kept out of the Houses from Monday until Thursday, till I came with Troops of Horse; and so were fain at last to force Quarters, and break open Doors to let the Soldiers in, and principally Mr. Mayor and this Mr. Clarke, who were the Chief of all. And thus being desirous that these may not be filled with too many Particulars that savour thus ill, although I have very many of that Kind to write of, I shall only sue for some Advice touching these; and so remain

Exon, May 13th, 1648.

Your Excellency's

Most entirely devoted Servant,

Har. Waller.

"Letter from Sir Hardresse Waller, to his Excellency."

Informations concerning this Business.

Monday, Maii 8, 1648.

On the Day abovesaid, I rendezvoused at Eede Six Companies of Foot of Sir Hardresse Waller's Regiment, which Six Companies I was commanded to conduct to Exon, to the End I might secure the said City against any Surprize, or other Attempt; as also to hinder any Tumult or Insurrection: From the Rendezvous, I sent the Quarter-master to take up Quarters in Exon; and (not long after him) I came to the said City, where I delivered a Letter to the Mayor and Aldermen, from my Colonel Sir Hardresse Waller; at which Time I also acquainted them with the Order for my marching thither, and desired that Quarters might be provided for the said Six Companies under my Command: Whereupon the said Mayor and Aldermen desired me to withdraw; and soon after (calling me in again) they desired "Two Hours Time to consider of it, and (during that Time) that the Soldiers might be stayed without the City:" To which I replied, "The Soldiers were already coming in, or very nigh the City." Upon which they said, "I had surprized them, and that they would not appoint us Quarters;" but said, "They looked upon us as Enemies, and Men not to be trusted; and that (if they had received more timely Notice of our marching in) they would have shut the Gates against us, and have kept us out:" And further said, "That, except we would march out again, they would return no other Answer to me than formerly." Whereupon, I repairing to the Companies, and acquainting the Officers with the aforesaid Passages, desiring to know whether they were willing to march out again or no; who answered negatively. After which Answer, I instantly went again to the Mayor, accompanied with divers of our Officers, and acquainted the Mayor and Aldermen, "That (by reason of their long March) the Officers and Soldiers were unwilling to march out of the Town; but were willing to stay in the Church Yard, until their Quarters should be appointed." Whereupon Mr. Mayor replied, "He would not appoint us any Quarters." At which Conference, Mr. Clarke Junior, of Exon, said, "That we of the Army had done no Service for the Parliament; and that the additional Ordinance touching Billeting and Quartering was not an Ordinance of Parliament." After which Discourse, we returned to our Companies, acquainting them that we could not quarter them that Night without Disturbance, and Hazard of much Bloodshed; I having received Intelligence that Mr. Mayor had commanded the Citizens to shut up their Shops and Doors, to prevent their Quartering; and that if we should offer to force into their Houses for Quarter, or make any Stir, that the Bell should be ringed, that so the Town might rise against us. After the hearing of which, I again returned to Mr. Mayor, and certain other Officers with me; and, coming to his House, found the Door shut, where I knock'd, desiring to speak with Mr. Mayor; who (coming to the Door) demanded what my Business was; and said, "If it was for quartering Soldiers, he would keep the Doors against us." But (I replying that I came only to speak with him) he opened the Door; where (after Entrance) I acquainted him, "That I heard he had commanded the Citizens to shut their Shops and Doors against us; and that if our Men should make any Stir for getting Quarters, that the Bell should be ringed out, that the City might generally rise against us:" Who told me, "It was true, he had given that Command." Whereupon I told him, "That I was sorry to hear it; and that, notwithstanding his harsh Commands, I should endeavour to preserve the Peace of the City; and therefore did desire that he would be pleased to appoint me some Churches, or Outhouses, where my Soldiers might be sheltered from the Weather." Whereupon he gave me the Key of a Church, too little to contain Half my Men; I desiring that he would appoint some other Places or Churches more for the Men to lie in, which he utterly refused: Insomuch that I was constrained to quarter One Company where Hogs usually lay, another Company in a Church Porch and Yard, a Third in the little Church appointed by the Mayor, the Fourth and Fifth in an open Place under Part of the Common Hall; and I persuaded the Sixth Company to seek out a Quarter, who, after diligent Enquiry, found out and lodged in the Hospital and Yard. Thus having from Time to Time acquainted the Mayor with the Misery of our present being without Quarters, and having thus lyed Three Nights, I was constrained to quarter my Men without the Assistance of the Magistrates, they still refusing to give me any Assistance or Directions in it.

All this I am ready to depose; and much more, to this Purpose, will be testified by others.

"Ed. Salmon."

Exon Castle, the 11th of May, 1648.

We having been often (fn. 6) with the Mayor of this City for Money to pay our Soldiers, which was ordered to be paid us by the Committee for the Army out of the Assessment of this City, were still delayed from Time to Time. Sometimes we had fair Language, other Times very harsh; which so much provoked our Soldiers, so that at several Times we doubted the Soldiers would mutiny; and this we urged to prevent Danger, and to stir up the Mayor and Commissioners to provide for us. He answered, "That if the Soldiers should not demean themselves well, he would order them;" and withal commanded, "That they should wear no Arms in the City; if they did, they must arm themselves also;" though they have been so backward, that to this Day little more than Half of the first Six Months is paid to us, though there be more than the whole Nine Months due to us, since the 15th of January last; and for the other Three Months, there is not any Thing done in it. They still thus delaying us, we desired (being unwilling to act without them) that they would join with us, to distrain the respective Landlords to credit them, before they could get the Money collected; which they promised to do: But when we came to desire them to make it good, Mr. Mayor then denied it; replying, "They had better considered of it." And withal he told divers of the aforesaid Landlords, "That they were not to trust them; if they did, they shewed an ill Example." And further told us, "The Soldiery was quartered by a particular Order from the General." It was answered, "Did the General act any Thing without the Order of Parliament?" He replied, "He would not now dispute that with us;" and also said, "He did wonder what Design we had, to keep so many Soldiers in this Place;" though there were none here but what belong to this Garrison.

All which will be testified by us, the Officers hereof.

"S. Larks. William Joyce. David Owen. Tho. Sand'rs."

"Monday, 8 May, 1648.

Lieutenant Colonel Salmon, with other Officers under the Command of Sir Hardresse Waller, came to Mr. Mayor's-House of Exon, to desire his Assistance, for the Quartering of the Soldiers, then in or near the Town, commanded thither by Sir Hardrese Waller for those Ends; which were then demonstrated to the abovesaid Mayor, in a Letter from Sir Hardresse Waller to the said Mayor: And, amongst many other Speeches of the like following Nature, Mr. Mayor did answer to the abovesaid Desire of Lieutenant Colonel Salmon, "That we, videlicet, (the Officers and Soldiers) came hither to surprize the City; and if he had known of our coming sooner, he would have kept us out." And moreover said, "That (fn. 7) we were not to be trusted; and that he looked upon us as Enemies, &c." And also Mr. Clarke Junior, a Man of the Parliament, did say as the Mayor abovesaid. The said Mr. Clarke did further say, "That we, meaning the Army under the Command of his Excellency the Lord Fairefax, had done no Service for the Parliament." He did further say to Captain Ezbro, then present, "That if he were a Member of the Army when the Remonstrances (fn. 8) were made at Hammersmith, that then he was One of them which would have pulled the Parliament out by the Ears." The Mayor abovesaid did further say, "That he cared not for Sir Hardresse Waller's Order concerning Quartering." Mr. Clarke abovesaid did further say, "That if the Lord General himself did come to the City to quarter as we did, they would (fn. 9) have opposed him." Mr. Clarke did further say, "That the late Ordinance of Parliament about Quartering was no Ordinance of Parliament, but the General and Army's." This is a true Information of some observable Passages which was then spoken; and all which I shall make good (if called to it) upon Oath.

"John Lane."

May the 12th, 1648.

"The Testimony of Captain Richard Hodden, which he is ready to make good by Oath when he shall be hereunto required, as followeth.

"On Monday the 8th Day of this Instant May, coming with Lieutenant Colonel Salmon, and other Officers, to the Mayor's House of Exon, where we desired Directions and Assistance from him for quartering of the Six Companies then come into the City with us; at which Time and Place the said now Mayor of Exeter said, "That he had appointed the Gates to be shut when he heard of our Coming; and would have kept us forth, had he heard more timely of our Coming;" and said, "That he looked upon us as Enemies, and would not yield that we shall have any Quarters in the City;" but, commanding the Shops and Doors to be shut, said, "We should have no Quarter."

"There was (amongst others) one Mr. Clarke, a Member of Parliament, who said, "That we came to surprize Mr. Mayor; that we of the Army never did Service for the Parliament; and that the last additional Directions for Quartering was not the Parliament's Ordinance, but was made by the General and Army, or some factious Party."

"At a Second going to Mr. Mayor, with the said Lieutenant Colonel Salmon, to desire Room to keep the Soldiers dry that Night, saying, "We would suffer very much rather than be any Cause of Disturbance to the City; [ (fn. 10) for we] came to quarter there according to Ordinance of Parliament, being desirous to preserve and keep the Peace wherever we come;" Lieutenant Colonel Salmon told the Mayor, "That he heard that the Bells should be rung, to raise the City against the Soldiers." To which Mr. Mayor answered, "That it was true, he had commanded the Market Bell to ring out if any Disturbance should happen to be, and thereby to cause the City to rise upon the Soldiers."

"Notwithstanding, to prevent Blood-shedding or other Inconveniencies, we lay on Guards and in the Streets to this present Day, without any Quarters.

"R. Hodden."

"May the 10th, 1648.

"The Testimony of Captain Ebzery and Captain Chase, which they are ready to make good upon Oath when they shall be thereunto required.

"On Thursday, May the 9th, being commanded by Lieutenant Colonel Salmon to go to Mr. Mayor's House of Exon, to desire an Answer concerning his Resolution of quartering our Soldiers; and the Mayor answered us, "That the Aldermen and Common Council had agreed with himself, that he should not assist us in Quartering." He further said, "We were not fit to be trusted; and that we had done more Hurt to the Kingdom than Good." He also told us, "That there were Inns, Alehouses, and Taverns enough to give us Quarters." To which Answer of his, we desired his Directions and Assistance to quarter there; but he answered in the Negative. Then we desired him, "That he would be pleased to appoint any of the Constables to assist us." But the said Mayor answered us as formerly. Then we further desired him, "That, if any Tumult or Insurrection should happen by means of our Quartering, we being Strangers in the City, whether or no he would be pleased to assist us in the Preservation of the Peace of the City?" But he answered, "He would not."

"Phill. Ebzery.
"Nath. (fn. 11) Chate."

Adjourn.

House adjourned till 10^a cras.