House of Lords Journal Volume 6: 3 January 1644

DIE Mercurii, videlicet, 3 die Januarii.

PRAYERS.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Earl and Countess of Sunderland's Petition, to take off the Sequestration of the late Earl's Estate.

Upon reading the Petition of the Lady Dorothy Countess Dowager of Sunderland, and Robert Earl of Sunderland her Son; shewing, "That Henry Earl of Sunderland, Husband to the said Countess, and Father to the said now Earl, did about Four Years since, for good and valuable Consideration, upon his Marriage to the said Countess, by Conveyances (ready to be shewed forth), settle on himself for Life, the Remainder either to her for Life for her Jointure, with Remainder over to the said now Earl, or the Remainder over immediately to the said now Earl, the greatest Part of all his Lands, or Real Estate, and some Part thereof on himself and the Heirs of his Body begotten, and some Part also on Trustees, for raising Portions for his Sisters and Daughters, and left no Part of his Estate Real, otherwise than as aforesaid settled; all which, consisting of divers Manors, Lands, Tenements, and Hereditaments, are lying in the several Counties of North'ton, Bedford, Bucks, Warwicke, and Leycester; notwithstanding which Conveyances and Settlements as aforesaid, all or some Part of the Rents and Profits of them, upon the Death of the said late Earl, being at or upon the 20th of September last, are by the Committees for Sequestration, in the respective Counties aforesaid, stayed in the Hands of Tenants or others, upon Supposition that, for Delinquency (fn. 1) in him, they are sequestrable within the Ordinances of Parliament made for Sequestration of Delinquents Estates.

"The Petitioners, therefore, humbly pray, that, in regard it appears by the said Conveyances, that the Estate and Interest of the said late Earl so determined with his Life, or was so as aforesaid disposed by him before his Death, that the whole Estate aforesaid belongs clearly either to the said now Earl or Countess, or to the said Trustees, your Lordships will be pleased to Declare (as the Petitioners humbly conceive to Justice appertains), That the Hands of the several Committees for Sequestration as aforesaid, and of all Officers in all and every the said Counties, ought to be taken off from all and every the Premises; and that the Petitioners and the said Trustees ought respectively to enjoy their Right and Interest accordingly, notwithstanding any Pretence as aforesaid whatsoever."

Committee to consider of it.

Hereupon this House Ordered, That the Earl of Northumb. Lord General, Earl Pembrooke, Earl Sarum, Earl Lyncolne, Lord Viscount Say & Seale, Ds. Howard, or any Three of them, are hereby appointed to meet To-morrow in the Afternoon, at Three of the Clock, in the Prince's Lodgings, to see whether there are such Conveyances, and to see their Contents, whether they are according to the Contents of the Petition; and then to make Report to this House.

Impeachment against the Queen.

Next, was read the Impeachment of High Treason against the Queen, brought up formerly from the House of Commons. (Here enter it.)

Ordered, These Lords Committees following,

Are hereby appointed to consider of what Way of Proceeding, for the bringing of the Queen to her Trial, is most agreeable to a Parliamentary Way, and to peruse Precedents for settling of a sure Course therein, for others of the like Nature. Their Lordships, or any Five, to meet on Friday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings, and afterwards when they please; and have hereby Power to call such Persons to assist them, as they shall think fittest to give them the best Assistance herein.

Mr. Clement Walker Leave to go upon Bail, till the Trial of Major Langrish about the Surrender of Bristol is over.

Upon reading the Petition of Clement Walker Esquire; shewing, "That whereas the Petitioner obtained from this House Two several Orders, one of the 20th, the other of the 26th October last, both to this Effect, That the Lieutenant of The Tower should take Security of the Petitioner for his Imprisonment, and rendering himself again to the said Lieutenant after the Business of the Surrender of the City of Bristoll should be ended at the Council of War; and that, upon the said Security, your said Petitioner should be permitted to go abroad, to prepare himself for the said Hearing; upon which Security so given, the Petitioner was accordingly permitted to go upon Bail.

"And whereas the said Business of the Surrender of Bristoll (for so much as concerns Colonel Nathaniell Fynes, Governor thereof) is ended, and yet Articles of Impeachment exhibited by the Petitioner against Hercules Langrish, Serjeant Major of Horse to the said Governor, are still depending for the same Cause, in the Court Martial;

"Therefore the Petitioner (the better to enable him to prosecute this Public Business for the Good of the Kingdom) humbly desireth hemay still be permitted to go at Liberty, upon his aforesaid Bail, until the said Business against Major Langrish be ended, without Prejudice or Forfeiture of his Bond, to himself or to any of his Sureties."

Ordered, That this House grants the Prayer of this Petition, as is desired.

Message to the H. C. to hasten the Proceedings against the Archbishop of Canterbury;

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire them to hasten the Proceedings against the Archbishop of Canterbury, upon his Impeachment of High Treason.

and the Relief of Aylsbury.

And likewise to desire them to expedite the Relief of the Garrison of Alsebury.

Agreement with Scotland.

Next, the Lord Wharton reported, "That the Committee have examined the Difference between the Agreement signed by the Commissioners of the Parliament and the Commissioners of the Kingdom of Scotland, and they find some few Alterations."

The Alterations were read. (Here enter them.)

And this House taking the same into Consideration;

Ordered, That this House doth approve of what the Commissioners of both Houses of Parliament now residing in Scotland have done in the Articles of the Treaty signed by them and the Commissioners of Estates of the Kingdom of Scotland; and do agree and consent to the said Articles.

Agreement about Berwick.

Ordered, That this House doth approve of, and agree and consent unto, the Articles of the Treaty signed by the Commissioners of both Houses of the Parliament of England now residing in Scotland, and the Commissioners of the Convention of Estates of the Kingdom of Scotland, 9 Novembris, 1643, touching the Town and Garrison at Barwicke.

Ordered, That this House doth Declare, That the Garrison at Barwick is to be paid from the Time that the Fifty Thousand Pounds last sent into Scotland was received there by their Brethren of Scotland, as Part of the Army that is to be raised for the Assistance of the Kingdom of England.

Message to the H. C. for Colonel Davies to be Lieutenant of the Ordnance, in the room of Mr. Pym.

It was moved, "That Lieutenant Colonel Wm. Davies, who hath been employed in the Service of the Parliament, and hath done them faithful Service therein, and is maimed, and destitute of Means to maintain him, may be made Lieutenant of the Ordnance in Mr. Pym's Place, he being a Gentleman very able for that Place:" Hereupon this House Resolved, To send to the House of Commons, to recommend him to them for that Place; which accordingly was done, by Message, by Serjeant Whitfeild and Doctor Aylett.

Message from thence, with an Ordinance for nominating Sheriffs for several Counties.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight; which consisted of divers Particulars, wherein they desire their Lordships Concurrence:

1. An Ordinance for nominating Sheriffs of several Counties.

Read, and committed to the Consideration of these Lords following, to consider what Names are fit to be left out, in regard they are Officers in the Army; and to present the Names of such as they think fit Persons in their Place to this House:

Committee to consider of it.

Any Three, to meet when the House sits next.

To appoint a Time for the Archbishop of Cant's Trial;

2. To desire their Lordships will please to appoint a Time when the Archbishop shall be tried; and the House of Commons will be ready to give Evidence against the said Archbishop of Cant.

Ordered, That this House appoints Monday Morning next for the Trial of the Archbishop of Canterbury, upon the Impeachment of High Treason brought up against him from the House of Commons.

with an Order for 4000 l. for Sir William Waller;

3. An Order, That Four Thousand Pounds be assigned to Sir Wm. Waller, and forthwith furnished and sent unto him, out of the Monies coming in upon the Excise.

Agreed to.

with Names of Deputy Lieutenants;

4. To desire Concurrence for nominating and (fn. 1) adding these Names following, to be Deputy Lieutenants of the several Counties;

George Newnam Esquire, to be Deputy Lieutenant of the County of Kent.

Agreed to.

and with an Order.

5. An Order to send Three Hundred Pounds to Colonel Norton. (Here enter it.)

Agreed to.

The Answer returned was:

Answer to the H. C.

That this House hath appointed Monday next, to proceed against the Archbishop of Canterbury.

That their Lordships will send an Answer, by Messengers of their own, to the Order for nominating Sheriffs.

To all the rest of this Message, their Lordships do (fn. 1) agree.

Committee to draw up an Answer to the King's Proclamation, for a Parliament to meet at Oxford.

Ordered, That these Lords following are appointed to consider of drawing up a Declaration, in Answer to His Majesty's Proclamation to invite the Members of Parliament to come to Oxford; wherein to set forth the Jesuitical Counsels as have been given, in the fomenting the War of England and Ireland; and to invite such as will come in by a certain Time, and submit themselves to the Parliament, that they shall be received; and present the same to this House:

Their Lordships, or any Three, to meet on Friday Morning next, in the Prince's Lodgings; and after, have hereby Power to adjourn from Time to Time, as they shall appoint.

One of the of the Assembly of Divines to attend this House.

"It is this Day Ordered, by the Lords in Parliament assembled, That the Assembly of Divines be desired to appoint One of their Assembly, to attend Weekly this House, to pray with them before the Sitting of the House:" And the Lord Wharton is desired to acquaint them herewith.

Answers from the H. C.

Sir Rob't Rich and Mr. Page return with this Message from the House of Commons:

That they were upon the Business concerning Alsebury; and concerning the Archbishop of Cant. they will send an Answer by Messengers of their own.

Mr. Serjeant Whitfeild and Doctor Aylett return with this Answer from the House of Commons:

That they will send an Answer concerning Lieutenant Colonel Davies to be Lieutenant of the Ordnance, by Messengers of their own.

Earl of Essex added to the Assembly.

Ordered, That the Lord General shall be added to the Assembly; and to send to the House of Commons, to desire their Concurrence therein.

Pitchley released.

Ordered, That Pitchley, committed to Bridewell for stealing and selling Wood out of Engfeild Chace, shall be released.

Message to the H. C. that the Lords agree to the following Treaties.

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

To let them know, that this House agrees to Agreements signed by the Commissioners of the Parliament and the Kingdom of Scotland, touching their Assistance, and the Town of Berwicke; and to desire their Concurrence for adding the Lord General to be of the Assembly.

(fn. 1)

"Articles of the Treaty agreed upon betwixt the Commissioners of both Houses of the Parliament of England, having Power and Commission from the said Honourable Houses, and the Commissioners of the Convention of the Estates of the Kingdom of Scotland authorized by the Committee of the said Estates, concerning the Solemn League and Covenant, and the Assistance demanded in Pursuance of the Ends expressed in the same.

Articles of Agreement between the Commissioners of the Two Houses of Parliament of England, and the Commissioners of the Convention of Estates of Scotland.

"Whereas the Two Houses of the Parliament of England, out of a just and deep Sense of the great and imminent Danger of the true Protestant Religion, in regard of the great Forces of Papists, Prelates, Malignants, and their Adherents, raised and employed against the constant Professors thereof in England and Ireland, thought fit to send their Commissioners unto the Kingdom of Scotland, to treat with the Convention of Estates and General Assembly there, concerning such Things as might tend to the Preservation of Religion, and the mutual Good of both Nations; and, to that End, to desire a more near and strict Union betwixt the Kingdoms, and the Assistance of the Kingdom of Scotland, by a considerable Strength to be raised and sent by them into the Kingdom of England: and whereas, upon a Consultation held betwixt the Commissioners of the Parliament of England, the Committees of the Convention of Estates and General Assembly, no Means was thought so expedient to accomplish and strengthen the Union, as for both Nations to enter into a Solemn League and Covenant, and a Form thereof drawn, and presented to the Two Houses of the Parliament of England, the Convention of Estates and General Assembly of Scotland, which hath accordingly been done, and received their respective Approbation; and whereas the Particulars concerning the Assistance desired by the Two Houses of the Parliament of England from their Brethren of Scotland were delivered in by the English Commissioners, August 19th, to the Convention of Estates, who did thereupon give Power to their Committee, to consider and debate further with the English Commissioners of what other Propositions might be added or concluded, whereby the Assistance desired might be made more effectual and beneficial; and in Pursuance thereof these Propositions following were considered of and debated by the Committee and Commissioners aforesaid, to be certified with all convenient Speed to the Two Houses of the Parliament of England, and the Convention of Estates of Scotland, by their respective Committees and Commissioners, to be respectively taken into their Consideration, and proceeded with as they should find Cause; which being accordingly done, and these ensuing Propositions approved, agreed, and concluded of, by the Houses of the Parliament of England, and the Committee of the Estates of Scotland respectively, and Power by them given to their respective Committees and Commissioners formally to agree and conclude the same, as may appear by the Votes of both Houses dated the First of November, and the Order of the Committee bearing Date the 17th November; we, the said Commissioners and Committee, according to their Votes and Orders, do formally conclude and agree upon these Articles following, and, in Confirmation thereof, do mutually subscribe the same:

"It is Agreed and Concluded, That the Covenant represented to the Convention of Estates and General Assembly of Scotland, and sent to both Houses of the Parliament of England, in the same Form as it is now returned from the Two Houses of the Parliament of England to their Brethren of Scotland, and allowed by the Committee of Estates and Commissioners of the General Assembly, be sworn and subscribed by both Kingdoms, as a most near Tie and Conjunction between them, for their mutual Defence against the Papists and Prelatical Faction, and their Adherents, in both Kingdoms, and for Pursuance of the Ends expressed in the said Covenant.

"2. That an Army to this Purpose shall be levied forthwith, consisting of Eighteen Thousand Foot effective, and Two Thousand Horse, and One Thousand Dragooners effective, with a suitable Train of Artillery, to be ready at some general Rendezvous near the Borders of England, to march into England, for the Purposes aforesaid, with all convenient Speed; the said Foot and Horse to be well and compleatly armed, and provided with Victuals and Pay for Forty Days, and the said Train of Artillery to be fitted in all Points ready to march.

"3. That the Army be commanded by a General appointed by the Estates of Scotland, and subject to such Resolutions and Directions as are and shall be agreed and concluded on mutually between the Two Kingdoms, or by Committees appointed by them in that Behalf, for Pursuance of the Ends above-mentioned.

"4. That the Charge of levying, arming, and bringing the said Forces together furnished, as also the fitting the Train of Artillery in Readiness to march, be computed and set down according to the same Rates as if the Kingdom of Scotland were to raise the said Army for themselves and their own Affairs; all which for the present is to be done by the Kingdom of Scotland upon Accompt, to be delivered to the Commissioners of the Kingdom of England; and when the Peace of the Two Kingdoms is settled, the same to be re-paid or satisfied to the Kingdom of Scotland.

"5. That this Army be likewise paid as if the Kingdom of Scotland were to employ the same for their own Occasions; and towards the defraying thereof (it not amounting to the full Month's Pay) shall be Monthly allowed and paid the Sum of Thirty Thousand Pounds Sterling, by the Parliament of England, out of the Estates and Revenues of the Papists, Prelates, Malignants, and their Adherents, or otherwise; and in case the said Thirty Thousand Pounds Monthly, or any Part thereof, be not paid at the Time when it shall become due and payable, the Kingdom of England shall give the Public Faith for the Payment of the Remainder unpaid with all possible Speed, allowing the Rate of Eight Pounds per Cent. for the Time of the Forbearance thereof; and in case that, notwithstanding the said Monthly Sum of Thirty Thousand Pounds paid as aforesaid, the States and Kingdom of Scotland shall have just Cause to demand further Satisfaction of their Brethren of England, when the Peace of both Kingdoms is settled, for the Pains, Hazard, and Charges, they have undergone in the same, they shall, by Way of Brotherly Assistance, have due Recompence made unto them by the Kingdom of England; and that out of such Lands and Estates of the Papists, Prelates, Malignants, and their Adherents, as the Two Houses of the Parliament of England shall think fit; and, for the Assurance hereof, the Public Faith of the Kingdom of England shall be given them.

"6. And to the End the said Army, in Manner aforesaid, may be enabled and prepared to march, the Kingdom of England is to pay in ready Money to their Brethren of Scotland, or such as shall have Power from the Estates of that Kingdom, the Sum of One Hundred Thousand Pounds Sterling, at Leith or Edenburgh, with all convenient Speed, by Way of Advance before-hand; which is to be discounted back again unto the Kingdom of England by the Kingdom of Scotland, upon the First Monthly Allowance which shall grow due to the Scottish Army, from the Time they shall make their First Entrance into the Kingdom of England.

"7. That the Kingdom of Scotland, to manifest their Willingness to their utmost Ability to be helpful to their Brethren of England in this common Cause, will give the Public Faith of the Kingdom of Scotland, to be jointly made Use of with the Public Faith of the Kingdom of England, for the present taking up Two Hundred Thousand Pounds Sterling, in the Kingdom of England or elsewhere, for the speedy procuring of the said One Hundred Thousand Pounds Sterling as aforesaid; as also a considerable Sum, for the satisfying in good Proportion the Arrears of the Scottish Army in Ireland.

"8. That no Cessation, nor any Pacification or Agreement for Peace whatsoever, shall be made by either Kingdom, or the Armies of either Kingdom, without the mutual Advice and Consent of both Kingdoms, or their Committees in that Behalf appointed, who are to have full Power for the same in case the Houses of the Parliament of England, or the Parliament or Convention of Estates of Scotland, shall not fit.

"9. That the Public Faith of the Kingdom of Scotland shall be given to their Brethren of England, that neither their Entrance into nor their Continuance in the Kingdom of England shall be made Use of to any other Ends than are expressed in the Covenant, and in the Articles of this Treaty; and that all Matters of Difference, that shall happen to arise between the Subjects of the Two Nations, shall be resolved and determined by the mutual Advice and Consent of both Kingdoms, or by such Committees as for this Purpose shall be by them appointed, with the same Power as in the precedent Article.

"10. That, in the same Manner, and upon the same Conditions, as the Kingdom of Scotland is now willing to aid and assist their Brethren of England, the Kingdom of England do oblige themselves to aid and assist the Kingdom of Scotland, in the same or like Cases of Streights and Extremities.

"11. Lastly, it is Agreed and Concluded, That, during the Time that the Scottish Army shall be employed as aforesaid for the Defence of the Kingdom of England, there shall be fitted out, as Men of War, Eight Ships, whereof Six shall be of Burthen betwixt One Hundred and Twenty and Two Hundred Tons, the other between Three and Four Hundred Tons, whereof Two shall be in Lieu of the Two Ships appointed by the Irish Treaty; all which shall be maintained at the Charge of the Kingdom of England, to be employed for the Defence of the Coast of Scotland, under such Commanders as the Earl of Warwicke, for the Time of his being Admiral, shall nominate, with the Approbation of the Committees of both Kingdoms; which Commanders shall receive from the said Earl General Instructions, that they do from Time to Time observe the Directions of the Committees of both Kingdoms.

"Signed at Edenburgh, the 29th of November, 1643.

"Articles of the Treaty agreed upon betwixt the Commissioners of both Houses of the Parliament of England having Power and Commission from the said Honourable Houses, and the Commissioners of the Convention of the Estates of the Kingdom of Scotland authorized by the Committee of the said Estates, concerning the Settling of the Town and Garrison of Berwick.

Articles of Agreement concerning Berwick.

"Whereas the Commissioners of both Houses of the Parliament of England have received Authority from the said Houses, to treat with the Convention of Estates of Scotland, or those that should be appointed by them, concerning such Things as might tend to the mutual Peace and Benefit of both Kingdoms, in this common Danger of Religion and Liberty; and conceiving it necessary thereunto, that some speedy Course should be taken for the Security of the Town of Berwicke upon Tweede for the present, and settling it in such a Way for the future as may give Satisfaction to both Kingdoms, and may best conduce to their mutual Interest, as appears by their Paper of the 4th of Sep tember, delivered to the Committee; and forasmuch as it hath been thought fit, by the Honourable Committee of Convention of Estates, for this Purpose to authorize their Committee to treat and debate with the Commissioners of the Parliament of England, concerning the same; whereupon the said Commissioners and Committees, taking it into their serious Consideration, consented and agreed the several Propositions following should be with all Speed represented by them respectively unto the Two Houses of the Parliament of England, and to the Honourable Committee of the Convention of Scotland, as an effectual Means for the future settling and securing the said Town; which Representation being accordingly made, and these ensuing Articles agreed and concluded on, by the Houses of the Parliament of England, and the Committee of the Estates in Scotland respectively, and Power by them given to their respective Committees and Commissioners to settle that Town and Garrison according to the said Articles, as may appear by an Order of the said Houses dated October 27th 1643, and an Order of the said Committee dated the 17th November; we the said Commissioners and Committee do formally conclude and agree upon these following Articles, to which we mutually subscribe:

"1. It is Agreed and Concluded, That there shall be placed forthwith in the Town of Berwicke, by the mutual (fn. 1) Advice and Consent of both Kingdoms, a Garrison of the Scottish Nation, the Governor and Prime Officers thereof to be approved by the Two Houses of the Parliament of England, or their Commissioners in that Behalf appointed; this Garrison to consist of Six Hundred Foot, and Troops of Horse, Sixty in a Troop, besides the Officers, or less or more as shall from Time to Time be thought fit by the Two Kingdoms, or their Committees appointed in that Behalf; the which Garrison is to be Part, and paid as Part, of the Scottish Army, which, according to the Grounds of the Covenant and Treaty, being mutually agreed unto, they are to bring into England, for the Aid and Assistance of their Brethren: And because it is intended that the said Army shall be (besides the said Garrison) the full Number at least which is proposed in the Treaty, and that these Men, Foot and Horse, will be an Over Burthen, in respect that the Thirty Thousand Pounds is not a full Monthly Pay of the Army, and the Charge of the aforesaid Garrison by Estimate will arise unto Fifteen Hundred Pounds Monthly or thereabouts, it is therefore Agreed and Concluded, as just and reasonable, That, in regard of this new Charge, the said Thirty Thousand Pounds Monthly, to be allowed for the said Army, should be made up Thirty-one Thousand Pounds.

"2. The Public Faith of the Kingdom of Scotland shall be given to the Kingdom of England, that, when the Peace of the Two Kingdoms shall be settled, there shall be no Garrison in Barwick, but the Works slighted, and the Places dismantled, so as all Monuments, Tokens, and Shews of Hostility be taken away, according as is especially Provided and Agreed to between the Two Kingdoms by the Articles of the large Treaty; and that, during the Time the Garrison aforesaid shall be and remain in the said Town, the Liberties, Properties, and Privileges of the said Town, in their Persons, Estates, or Politic Government, shall be maintained and preserved inviolably to them, without any Molestation or Infringement; and if any Difference shall happen to arise in and about the same, they shall be settled and determined by the Advice of both Kingdoms, or their Committees in that Behalf appointed: And to the End that in the mean Time the said Town may not be surprised by the said Papists and their Adherents, it is further Agreed, that the Committees of both Kingdoms shall mutually employ their Care and Endeavours to secure the said Town, till it shall be settled in Manner aforesaid.

"Signed at Edenburgh, the 29th of November, 1643.

Order for 300 l. to Colonel Norton, for Defence of Southampton.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons at Haberdashers Hall with all convenient Speed do cause Three Hundred Pounds to be sent to the Treasurers on the Propositions in Guildhall, out of the deposited Monies on the Twentieth Part; and that they pay the same over to Sir Gilbert Gerrard Treasurer at Wars; who is hereby Required and Ordered forthwith, upon Receipt of the whole, or any Part thereof, to pay the same to Colonel Norton Governor of South'ton, or to such as he shall appoint to receive the same, for and towards the providing of Arms and Necessaries for the Garrison of Soldiers at South'ton."