House of Lords Journal Volume 7: 28 July 1645

DIE Lunæ, 28 die Julii.

PRAYERS, by Mr. Spurstoe.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Mr. Serjeant Fynch and Mr. Page returned this Answer from the House of Commons to the Message on Saturday last:

That they will send an Answer to the Message concerning adding some Lords to the Committee for the Revenue; and to the Ordinance concerning adding the Lords to be of the Committee for ordering the War in the Northern Association.

A Letter was read, as follows:

Letter from the Scots Commissioners, with a Complaint from the Earl of Leven, &c. that their Army is not supplied with Victuals, &c. on their March.

"My Lord,

"The Comittee of both Kingdomes not sitting this Morning, we intreate your Lordship to procure the reading of the inclosed in the House of Peeres; and afterwards to send it to the House of Commons. We rest

"Your Lordship's Affectionate Freinds and Servants,

Derby House, 28 July, 1645.

"A. Johnston.
Heu. Kennedy.
Ro. Barclay.

"For the Right Honorable the Speaker of the House of Peeres."

Next, a Copy of the Letter from the Earl of Leven and Committee of Estates with the Scottish Army, to the Scotts Commissioners, was read; shewing, "That the Committees do not provide them Victuals nor Draughts for their Army, &c." Divers others Letters were also read. (Here enter them.)

Message to the H. C. for an Enquiry to be made into the Cause of it.

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

To deliver the Letters now received from the Scotts Commissioners, and desire that Care may be taken, that the Scotch Army may be better provided with Victuals and other Provisions for the future; and that the Business may be enquired into, why they have not been provided.

Message from thence, with an Order, &c.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight:

To desire their Lordships Concurrence in an Order for paying One Hundred Pounds to Mr. Peters, out of Haberdashers Hall. (Here enter it.)

Agreed to.

2. To desire Expedition to the adding of the Names to the Committees in the Eastern Association.

and that they agree to the Instructions for the Commissioners going to Scotland.

3. To let their Lordships know, that the House of Commons have agreed to the Instructions to be given to the Commissioners that go to the Parliament of Scotland, with the Alterations sent down from this House at the last Conference. (Here enter them.)

The Answer returned was:

Answer.

That this House agrees to give One Hundred Pounds to Mr. Peters; concerning the adding Names to the Committees of the associated Counties, their Lordships will send an Answer by Messengers of their own.

Impeachment against the E. of Stamford & al.

Ordered, That the Business of the Earl of Stamford and others shall be heard on the First Friday after Michaelmas.

Lords Leave to be absent.

Ordered, That the Earl of Northumb. Earl of Essex, Earl of Pembrooke, and the Lord Robertes, have Leave to be absent, for some little Time, from their Attendance on this House.

Petition of Sutton's Hospital.

Upon the reading of the Petition of the Poor of Sutton's Hospitall: It is Ordered, to be recommended to the House of Commons.

Election of Elders.

Ordered, That the Business concerning the Election of Elders shall be taken into Consideration To-morrow Morning.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Henry Mildmay Knight, &c.

To desire Concurrence in an Ordinance [ (fn. 1) for taking] of Accompts in the Northern Counties.

The Answer returned was:

Answer.

That this House will send an Answer by Messengers of their own.

Dunmow Bowling Alley not to be put down.

The House was informed, "That the Committee of Essex do go about to put down a Bowling Alley of his Lordship's in Essex, at Dunmowe:"

It is (fn. 2) Ordered, That an Order of this House be sent to the said Committee, not to put it down.

Ly. Tracy's Order for coming to London revoked.

The House was informed, by a Letter from the Committee of Gloucester, "That since the Lady Tracy had an Order of this House to come up to London, but since hath been in the King's Quarters at Worcester, and did likewise give Information to the Enemy at Evesham, that Colonel Massie had an Intent to storm it:"

Upon this, the House Ordered, That the said Order for her coming up to London is hereby revoked and annulled.

Order for 100l to Mr. Peters.

"Ordered, by the Lords and Commons in Parliament, That One Hundred Pounds shall be bestowed upon Mr. Peters; and that the said Hundred Pounds be forthwith advanced and paid by the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall."

Letter complaining of the Hardships that the Scots Army suffers, for Want of Provisions and Draughts on their March;

"My Lord,

"Upon Thursday the 17th of this Instant, the Army marched from Droitwich to Bewdly, where they were forced to stay upon Sonday all Day, for Want of Provisions to the Souldiers, and Draughts for the Cannon and Ammunition: It had bin the much neerer Way

and that Cannon Frome is taken.

to have gone by Upton; but the Committee of Worcester made us beleeve that Bridge could not bee easily repaired, perswaded us to come this Way to ease their owne Quarters, and made many faire Promises for Assistance; but, though they have continued with the Army a Fortnight, they have never provided One Draught; but, on the contrary, such as they imployed to that Purpose did take Money from the Country People, to free them from sending their Teemes, as was declared before the Generall in Presence of that Committee, when the Country People were demaunded the Reason of their refuseing to furnish Draughts to the Army. Upon Saterday the Army marched to Temberry, and stayed there on Sonday, beinge advertised that the Enemy was aboute Bi'pps Froome. Towards Night, the Earle of Callender, (fn. 3) Lieutenant Generall Leseley, and Major Generall Middleton went out, with a Party of 4500 Horse, Foote, and Dragoones; they marched all that Night, and Monday all Day, in Pursuite after them; but the Enemy still retreated before them. Upon Tuesday, they came to Cannon Froome, by which they intended only to have passed; but the Earle of Calender, haveinge viewed the Place upon all Quarters, sent Summons to the Governor, Colonell Barnold, to surrender it, for the Use of the Kinge and Parliament. He retourned a verball Answere, by my Lord's owne Drummer, "That the Commaund of it was intrusted to him by His Majesty, and that he would keepe it for His Use as long as he had a Dropp of Blood in his Body." Calender sent backe the Drummer, and desired he would retourne his Answere in Writinge, which he did accordingly, the Coppy whereof is here inclosed. After Receipt of his Letter, the Leiuetenant Generall haveinge caused provide such Necessaryes as could bee had in soe short a Tyme, gave Order for storming the Place. The Graffes were aboute Nyne Foote deepe, and as broad, and in most Places full of Water. The Works above the Graffes were soe high, that all the Ladders wee could gett were too short. The Enemy behaved themselves valorously; but it pleased the Lord to give our Souldiers soe much Courage, that, after a hott Dispute, they were beate from their Works; after which, they fled to the House, where they fought desperatly, till a greate Part of them were killed. Woe lost aboute 16, and 24 are wounded. Of the Enemy, wee killed aboute 70; Colonell Barnold deadly wounded; Captaine Briscoe, Captaine Houke, and Thirty others, taken Prisoners. The Generall and Committee hath written, to knowe the Parliament's Pleasure, for a Governor and Garrison to put in it; and, till Order bee taken for that Purpose, have put into it 120 Foote, and 20 Horse. The Place hath bin very hurtfull to the Country, and may bee of good Use now for their Preservation. The Enemy holted aboute Rosse, to which Place our Party is marched after them; but they are now further retreated to Monmouth. The Army is now advanced from Bradyeard and Luddberry with much Difficulty; the Wayes are exceedinge straite and hard to passe on this Side Severne, soe that the Army is not able to march above Eight Miles a Day, though they begin to march at the Sun-riseinge, and continue till 10 at Night; and the Carriadges are soe long in provideinge, that they are forced to drive all Night. The Country is unwillinge to afford us any Thinge, and the Committees give us noe Assistance. When the Generall had sent Letters to the Committee of Gloucester, for Provisions and Accommodations to the Army; they wrote backe that they had presumed soe much upon his Excellencye's Patience, as to send to the Committee of both Kingdomes, to desire some other Course might bee taken for their Accommodation, as if his Excellencye's Patience could have sattisfyed the hungry Bellyes of soe many Thousand Souldiers: At this Instant, they have had noe Meate for Two Dayes together; and, if their Patience were not extraordinary, it were impossible to gett them kept in a Body; and I am very much troubled to consider what Way they shall bee provided, when they advance further into these Welch harrased Countyes, after an Enemy that spoyles and wasts all where they come. When the Parliament's Commissioners shall come hither, I hope they will represent the Necessityes of this Army, their Willingnes and Readines to doe Service, and the Oppertunityes that are lost for Want of necessary Meanes of Subsistance; and then I doubt not but Care shall bee taken for their Maintenance, if there bee a reall Desire that their Endeavors should bee effectuall, and of Advantage to the Kingdome.

"The Governor of Hereford sent Yesterday a Letter to the Generall, with other Two Letters from Sir William Fleming, one to his Excellency, and the other to the L. Generall the Earle of Calender; which, with the Answers, were sent to bee communicated to the Parliament. I have sent you the Copies here inclosed; and remaine

"Your Lordship's most humble Servaunt."

Ludbury, the 23 Julii, 1645.

Col. Barnold's Letter to the E. of Calendar, refusing to surrender Cannon Frome.

"SIR,

"You demand this House, for the Use of the King and Parliament. My Commission is by the King alone; and, if I may see a Command under HisMajesty's Hand, I shall with all Willingness obey it. Until then, I cannot give that Account as is expected from me; nor will I resign it upon any other Conditions, so long as I shall have Life. Only I rest,

"Your Servant, John Barnold.

Cannon Froome, 22 July, 1645.

"For the Lord Calendar."

Letters between the Governor of Hereford, Sir W. Fleming, the E. of Leven, and the E. of Calendar, about Sir W. Fleming's Desire of speaking with the Two Earls.

"My Lord,

"I am required, by my old Friend Sir William Fleming, to send my Trumpeter, with these open Letters, desiring a safe Conduct to your Lordship; the which I could not deny, not doubting of his safe Return to me. So I remain

"Your Lordship's humble Servant,

"B. Skudmoore.

"For his Excellency the General of the Scottish Army."

"SIR,

"I received, by your Trumpeter, a Letter from your selfe, and annother from Sir William Fleminge, desireing a safe Conduct to this Army, which I could not graunt, as I have shewed to himselfe; and with the Answers of both retourne your Trumpeter, remayninge

"Youre loveinge Freind,

Ludbery, 23 July, 1645.

"Leven."

"My Lord,

"Being very desirous to speak with my Uncle the Earl of Calender about some private Business of mine own, and conceiving also that I may be able to say somewhat to your Lordship worth your Consideration, in relation to the Public Good; I shall esteem myself obliged, if your Lordship please to favour me with a safe Conduct to wait upon you; resting,

"My Lord, Your Lordship's humble Servant,

Hereford, the 21th July, 1645.

"Wm. Fleminge.

"For his Excellency the

"Earl of Leven."

"SIR,

"I received your Letter, wherein you desire a safe Conduct, to speake with the Earle of Calendor aboute some private Busines of your owne, and with myselfe aboute the Publique. Whereto I retourne this Answere: That, upon good Considerations, I cannott yeild to your Desires; nor doe I thinke it fittinge, that you, or any of your Party, should repaire to this Army, to speake with myselfe or any else here, aboute the Busines of the Publique; wherein if you have any Thinge to say worthy the Consideration, you may followe the straite and publique Way, applying yourselfe to the Parliaments or Committees of both Kingdomes; and not make your Addresse to me, who am not to speake or heare any Thinge of Publique Concernment, but what shal bee recommended to me by them. I shall adde nothinge; but remaine

"Your loveinge Freind,

Ludberry, 23 July, 1645.

"Leven."

"My Lord,

"Having the Honour of so near Relation to your Lordship; and being persuaded that, over and above some private Business of mine own, I can impart somewhat to your Lordship, which, if timously considered, might very much conduce jointly to the Good of my Country, the King's Service, and the Honour of our Nation: I have obtained Permission to come over and speak with your Lordship, if you shall be pleased to procure me a safe Conduct, wherein you shall much oblige,

Hereford 22th July, 1645.

"My Lord,

"Your Lordship's humble Servant,
Wm. Fleminge.

"For the Right Honourable the Earl of Calender."

"Nephew,

"I received yours; and shall bee ever willinge to wittnesse my Interest to you, wherein I can bee steadeable, in your owne particuler and private Busines; but, for these Matters of Publique Concernment which you would comunicate to me, though your Affection and Judgment in these Affaires hath not hitherto beene such as I would have desired, yet if now God hath given you better Thoughts towards the Good of His Cause, and the Peace of these Kingdomes, and that you doe really apply yourselfe that Way, I wish your Discretion had carryed you to have made your Addresse to those to whome Matters of that Kinde doe belong, namely, to the Parliaments of both Kingdomes, or their Committees, who will bee very willinge to heare of you what may tend to the Glory of God, Honnor of the Kinge, and Peace of the Kingdomes; all which, I am confident, are the Desires of honest Men; soe of none more then

"Your loveinge Uncle,

Ludbury, 23 Julii, 1645.

"Calender.

"For his loveinge Nephew Sir "William Fleming."

"An Ordinance of Parliament, to the present Commissioners, to treat and conclude with the Parliament of Scotland, or the Commissioners of Estates of Scotland, according to such Instructions as shall be given them from both Houses of the Parliament of England.

Instructions for the Commissioners going to Scotland.

"1. You shall forthwith repair into the Kingdom of Scotland; and you shall make your Addresses to the Parliament there, or any deputed by them, as shall have Power and Authority to treat with you, upon such Matters as you have received, or shall receive in Charge; and to negociate in that Kingdom, as Committees or Commissioners of and from the Parliament of England; and, having performed the Things wherewith you are intrusted, you are to return and repair to the Parliament of England, to render an Account of your Employment.

"2. You are to let them know the Two Houses good Acceptance of that Brotherly Assistance they have received from that Kingdom, and return them Thanks.

"3. You are to let them know, that a good and mutual Correspondency between the Two Kingdoms, united in this great Cause by Solemn League and Covenant, is very earnestly desired by both Houses; and you are, to that Purpose, to use your best Endeavours for the continuing thereof, and to give the best Satisfaction you can in all Things that may seem to have given any Occasion of Difference, and to desire the like from them.

"4. To acquaint them with the great Streights we are in, for Want of Money; and that whatsoever Payments from hence have not been made in Pursuance of the Treaty, it hath not proceeded from any Want of Affection, or Want of Intention to make good our Engagements.

"5. You shall propose, that the Works about Carlile may be slighted, and the Place dismantled; and that the Scottish Garrison now in Carlile, put in there without the Consent of the Parliament of England, be forthwith removed; in Pursuance of the large Treaty of both Kingdoms.

"6. You shall demand the several Garrisons in Workeworth Castle, Tynmouth Castle, Newcastle upon Tyne, Hartpoole, Stockdon Castle, and Thurlewall Castle, may be removed; being placed there without the Consent of both Houses of the Parliament of England, or their Committees.

"7. You shall insist upon it, that all Protections already given to the Persons, Goods, or Estates, of any Delinquents, without the Consent of the Parliament of England, or their Commissioners, be limited to their just Intentions, which is only for restraining of the Soldiers from all Acts of Violence against the Persons so protected, and not extended to the Prejudice of any Ordinance of Parliament, or Order of both or either House of Parliament; and that no Protections be granted, or Capitulations made, without the Consent of the Parliament of England, or their Committees; and that, if any Protections have or shall be granted or made otherwise, that they shall be held void and null.

"8. That a Commission be granted, under the Great Seal, as in 1641, for the taking and adjusting the Accompts of Yorkesheir, of the City and County of the City of Yorke, Northumberland, the Borough of Berwick upon Tweede, Cumberland, Westmerland, the County of Durham, and County of Newcastle, between the Scotts Army and the said several Counties, arising either by Assessments, Free Quarter, Billeting, or any other Way you shall offer, to the Parliament of Scotland, or their Committees, that they may send some Commissioners, if they please, to be present at the adjusting of the Accompts in the several Counties abovementioned.

"9. You shall take Care that all the Articles of the several Treaties between the Two Kingdoms be observed and kept.

"10. You shall represent to the Parliament of Scotland, or their Committees or Commissioners in that Behalf, all Oppressions, Wrongs, and Injuries, offered contrary to the said Articles; and desire such Remedy as to Justice shall appertain."

Ordinance for the Commissioners to go to Scotland.

"An Ordinance of the Lords and Commons in Parliament, for the nominating, appointing, and authorizing, John Earl of Rutland, Phillipp Lord Wharton, Sir Henry Vane Knight, Sir William Armyne Baronet, Thomas Hatcher Esquire, and Robert Goodwin Esquire, to be Committees and Commissioners of both Houses, to be sent to the Kingdom of Scotland, to treat and conclude divers Matters, concerning the Safety and Peace of both Kingdoms.

"It is Ordained, by the Lords and Commons in Parliament, That John Earl of Rutland, Phillip Lord Wharton, Sir Henry Vane Knight, Sir William Armyn Baronet, Thomas Hatcher Esquire, and Robert Goodwin Esquire, be authorized and appointed Committees and Commissioners, of and from both Houses of Parliament, to repair into the Kingdom of Scotland; and there they, or any Three of them, to treat, negociate, contract, conclude, and agree, with the States of that Kingdom, and all others thereunto authorized, of all such Matters, concerning the Good of both Kingdoms, as shall be committed and referred to them by the said Lords and Commons, according to such Instructions as are herewithall delivered to them, and such other Instructions as they shall from Time to Time receive from both Houses of Parliament; and for their so doing, they shall be warranted, justified, secured, and saved harmless, by the Authority and Power of both Houses of Parliament."