House of Lords Journal Volume 8: 31 January 1646

DIE Saturni, 31 Januarii.

PRAYERS, by Mr. Corbett.

Comes Manchester, Speaker.

Dr. Bennett and Broderick to be confined, on account of a Challenge passed between them.

The House being informed, "That there is a Challenge passed, between Allen Broadirick and Doctor Bennett:" For preventing of Mischief, this House Orders, that the said Persons shall be (fn. 1) presently attached, and brought (fn. 2) to this House; and that Allen Broadricke shall be confined to the Lady Villiers' House where now he is, until Doctor Bennett be apprehended.

Letter from Sir T. Glemham, with One from the King.

The Speaker acquainted this House with a Letter he received this Morning by a Trumpeter; which was read, as follows:

"My Lord,

"By His Majesty's Command, I have here inclosed sent your Lordship His Majesty's Letter, to be communicated to both Houses of Parliament, and the Commissioners of the Parliament of Scotland. And so I rest,

Oxford, the 29th of January, 1645.

"My Lord,

"Your Lordship's humble Servant,

"Tho Glemham.

For the Right Honourable the Speaker of the House of Peers pro Tempore."

The King's Message follows:

King's Letter, disclaiming any Knowledge of the E. of Glamorgan's Treaty with the Rebels, in Ireland; and about a Personal Treaty with the Houses at Westm.

"For the Speaker of the House of Peers pro Tempore.

"CHARLES R.

"His Majesty having received Information from the Lord Lieutenant and Council in Ireland, That the Earl of Glamorgan hath, without his or their Directions or Privity, entered into a Treaty with some Commissioners on the Roman Catholic Party there, and also drawn up, and agreed unto, certain Articles with the said Commissioners, highly derogatory to His Majesty's Honour and Royal Dignity, and most prejudicial unto the Protestant Religion and Church there in Ireland; whereupon the said Earl of Glamorgan is arrested, upon Suspicion of High Treason, and imprisoned, by the Lord Lieutenant and Council, at the Instance, and by the Impeachment, of the Lord Digby, who (by reason of his Place and former Employment in those Affairs) doth best know how contrary that Proceeding of the said Earl hath been to His Majesty's Intentions and Directions, and what great Prejudice it might bring to His Affairs, if these Proceedings of the Earl of Glamorgan's should be any ways understood to have been done by the Directions, Liking, or Approbation, of His Majesty.

"His Majesty, having in His former Messages for a Personal Treaty offered to give Contentment to His Two Houses in the Business of Ireland, hath now thought fitting, the better to shew His clear Intentions, and to give Satisfaction to His said Houses of Parliament and the rest of His Subjects in all His Kingdoms, to send this Declaration to the said Houses, containing the whole Truth of the Business; which is,

"That the Earl of Glamorgan, having made Offer unto Him to raise Forces in the Kingdom of Ireland, and to conduct them into England for His Majesty's Service, had a Commission to that Purpose, and to that Purpose only.

"That he had no Commission at all to treat of any Thing else, without the Privity and Directions of the Lord Lieutenant; much less to capitulate any Thing concerning Religion, or any Propriety belonging either to Church or Laity.

"That it clearly appears, by the Lord Lieutenant's Proceedings with the said Earl, that he had no Notice at all of what the said Earl had treated, and pretended to have capitulated, with the Irish, until by Accident it came to his Knowledge.

"And His Majesty doth protest, That, until such Time as He had Advertisement that the Person of the said Earl of Glamorgan was arrested, or restrained, as is abovesaid, He never heard, nor had any Kind of Notice, that the said Earl had entered into any Kind of Treaty or Capitulation with those Irish Commissioners; much less that he had concluded or signed those Articles, so destructive both to Church and State, and so repugnant to His Majesty's Professions and known Resolutions.

"And for the further Vindication of His Majesty's Honour and Integrity herein, He doth declare, That He is so far from considering any Thing contained in those Papers or Writings framed by the said Earl, and those Commissioners with whom he treated, as He doth absolutely disavow him therein; and hath given Commandment to the Lord Lieutenant and the Council there, to proceed against the said Earl, as One, who, either out of Falseness, Presumption, or Folly, hath so hazarded the blemishing of His Majesty's Reputation with His good Subjects, and so impertinently framed those Articles of his own Head, without the Consent, Privity, or Directions of His Majesty, or the Lord Lieutenant, or any of His Majesty's Council there: But true it is, that, for the necessary Preservation of His Majesty's Protestant Subjects in Ireland (whose Case was daily represented unto Him to be so desperate), His Majesty had given Commission to the Lord Lieutenant, to treat and conclude such a Peace there, as might be for the Safety of that Crown, the Preservation of the Protestant Religion, and no Way derogatory to His own Honour and public Professions.

"But to the End that His Majesty's real Intentions in this Business of Ireland may be the more clearly understood, and to give more ample Satisfaction to both Houses of Parliament, and the Commissioners of the Parliament of Scotland, especially concerning His Majesty's not being engaged in any Peace or Agreement there; He doth desire, if the Two Houses shall resolve to admit of His Majesty's Repair to London for a Personal Treaty, as was formerly proposed, that speedy Notice be given thereof to His Majesty; and a Pass, or safe Conduct, with a Blank, sent for a Messenger, to be immediately dispatched into Ireland, to prevent any Accident that may happen to hinder His Majesty's Resolution of leaving the managing of the Business of Ireland wholly to the Houses, and to make no Peace there but with their Consent; which, in case it shall please God to bless His Endeavours in the Treaty with Success, His Majesty doth hereby engage Himself to do.

And for a further Explanation of His Majesty's Intentions in His former Messages, He doth now declare, That if His Personal Repair to London as aforesaid shall be admitted, and a Peace thereon shall ensue, He will then leave the Nomination of the Persons to be intrusted with the Militia wholly to His Two Houses, with such Powers and Limitations as are expressed in the Paper delivered by His Majesty's Commissioners at Uxbridge, the 6th of February, 1644, for the Term of Seven Years, as hath been desired, to begin immediately after the Conclusion of the Peace, the disbanding of all Forces on both Sides, and the dismantling of the Garrisons erected since these present Troubles; so as, at the Expiration of the Time before-mentioned, the Power of the said Militia shall entirely revert and remain as before.

"And for their better Security, His Majesty (the Peace succeeding) will be content, That pro bâc vice the Two Houses shall nominate the Admiral, Officers of State, and Judges, to hold their Places during Life, or quam diu se bene gesserint, which shall be best liked; to be accountable to none but to the King and the Two Houses of Parliament.

"As for the Matter of Religion, His Majesty doth further declare, That, by the Liberty offered in His Message of the 15th present, for the Ease of their Consciences who will not communicate in the Service already established by Act of Parliament in this Realm, He intends that all other Protestants (behaving themselves peaceably in and towards the Civil Government) shall have the free Exercise of their Religion according to their own Way.

"And, for the total removing of all Fears and Jealousies, His Majesty is willing to agree, that, upon the Conclusion of Peace, there shall be a general Act of Oblivion, and of free Pardon, passed by Act of Parliaments, in both His Kingdoms respectively.

"And lest it should be imagined that, in the making these Propositions, His Majesty's Kingdom of Scotland, and His Subjects there, have been forgotten or neglected; His Majesty declares, That what is here mentioned touching the Militia, and the naming of Officers of State and Judges, shall likewise extend to His Kingdom of Scotland.

"And now, His Majesty having so fully and clearly expressed His Intentions and Desires of making a happy and well-grounded Peace; if any Person shall decline that Happiness, by opposing of so apparent a Way of attaining it, he will sufficiently demonstrate to all the World, his Intention and Design can be no other than the total Subversion and Change of the antient and happy Government of this Kingdom, under which the English Nation hath so long flourished.

"Given at the Court at Oxon, the 29th of January, 1645.

"For the Speaker of the House of Peers pro Tempore; to be communicated to the Two Houses of Parliament at Westm. and the Commissioners of the Parliament of Scotland."

Memorandum, That in the original Paper of the King's Message read this Day, in the 2d Page, in the 26 Line, after the Word ["leave"], and before the Word ["the"], there is a Blot; in the 27th Line in the same Page, in the Interlining, after the Word ["with"], and before the Word ["the"], there is a Blot.

In the 3d Page, in the 8th Line, after the Word ["Way"], there is a Blot, continuing till the Middle of the 9th Line, and ending there.

Ordered, That the King's Message, read this Day, shall be taken into Consideration on Monday Morning next; and that, in the mean (fn. 3) Time, it (fn. 3) be communicated to the House of Commons; and that the Members of this House that are of the Committee of both Kingdoms do communicate the same to the Scotts Commissioners.

Message to the H. C. with it.

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

To communicate to them the King's Message received this Day, with a Paper mentioning the Blots which the Lords have taken Notice of in the said Letter; and to let them know, that this House hath ordered their Members that are of the Committee of both Kingdoms to communicate the same to the Scotts Commissioners.

Lords to attend on Monday.

Ordered, That all the Lords have Notice to attend the House on Monday Morning.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Walter Erle, &c.

To desire their Lordships Concurrence in an Ordinance concerning Salt-petre.

The Answer returned was:

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

Message from thence, with Ordinances, &c.

A Message was brought from the House of Commons, by Sir Thomas Widdrington, &c.

To desire Concurrence in divers Particulars:

1. An Order concerning Writs of Errors.

2. An Ordinance for Lieutenant General Cromwell to have the Lands of the Earl of Worcester in Hampshire.

3. An Order concerning the Sheriff of Oxon.

4. An Order for Five Hundred Pounds for Surrey Foot.

5. An Ordinance for the Lord Robertes and Sir Henry Vane Senior, to go, from both Houses, to The States of The United Provinces.

Answer.

The Answer returned was:

That this House will take these Particulars into Consideration, and send an Answer by Messengers of their own.

Ordinance for Sir H. Vane to go to The States General.

The Ordinance for sending the Lord Robertes and Sir Henry Vane Senior, to go, from both Houses, to The States of The United Provinces, was read Twice; and the Lord Robertes desired, "That the House would excuse his Lordship from this Service."

Hereupon this House Ordered, That he shall be excused; and that his Name, and what concerns his Lordship in the said Ordinance, be put out.

And accordingly it was put out presently.

And the House Ordered, That the rest of the said Ordinance be committed to the Committee of the whole House.

Report of the Conference concerning the Scots Army;

The Lord Robertes reported the Effect of the late Conference with the House of Commons; videlicet,

"That the House of Commons having received some Complaints out of the North, concerning the Army, which they thought fit to acquaint their Lordships with:

1. A Letter was read, written to the Speaker of the House of Commons, dated 28 Nov. 1645, from Penreth." (Here enter it.)

"2. Another Letter was read, written to Major Chomeley, from the Governor of Carlile."

(Here enter it.)

"3. Another Letter was read, written from the Committee at Yorke." (Here enter it.)

"4. Another Letter from the Committee, to the Speaker of the House of Commons, was read."

(Here enter it.)

"5. Some Votes of the House of Commons were made upon these Letters:

"Resolved, &c. That, in the Scotts Army in this Kingdom, there shall not be above Two Thousand Horse and One Thousand Dragoons, according to the Treaty.

"Resolved, &c. That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to communicate this Vote to the Scotts Commissioners, and to take Care that the same may be observed accordingly.

6. Upon this, the Scottch Commissioners Paper was read." (Here enter it.)

"That Sir Jo. Evelyn, upon this, did observe, That the Foot in the Scotch Army was much abated, and not the full Number according to the Treaty; whereupon the House of Commons have made some Votes; which were read.

"8. Another Paper was read." (Here enter it.)

"9. Another Paper was read, wherein they desire their Lordships Concurrence; videlicet,

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to confer with the Scotts Commissioners, concerning that Part of their Paper of the 6th of this Instant January which concerns their supernumerary Horse; and to offer unto them the Reasons, approved by the House of Commons, why their Horse should be reduced to the Number of the Treaty, and such other Reasons as they shall think fit, for Maintenance of the Vote of the House of Commons of the 5th of this Instant January, That in the Scottch Army in this Kingdom, there shall not be above Two Thousand Horse, and One Thousand Dragoons, according to the Treaty.

and concerning the Ordinance for Martial Law.

"The Second Part of the Conference was, concerning the Ordinance for Martial (fn. 4) Law; wherein they have made some Alterations, and desire their Lordships Concurrence therein."

The House, after this, was adjourned into a Committee of the whole House during (fn. 4) Pleasure, to take into Consideration the Report concerning the Scotch Affairs.

The House was resumed.

And it is Ordered, That this House take this Business into Consideration on Monday Morning next, the First Business, at Nine a Clock.

Order about Writs of Error.

The Ordinance concerning Writs of Errors, brought up this Day from the House of Commons, was read; and Ordered, To be laid aside, and that an Order only of this House is to be issued out for that Purpose.

Ordinance to pay 32,000 l. to the City.

The Earl of Northumb. reported the Ordinance for the Thirty-two Thousand Pounds: "That the Committee thinks it fit to pass, with some Alterations;" which were read, and Agreed to, and Ordered to be sent to the House of Commons, for their Concurrence.

Letter from the Committee in Cumberland, complaining of the Oppressions of the Scots Forces, and their Garrison in Carlisle.

"For the Honourable William Lenthall Esquire, Speaker of the Honourable House of Commons in Parliament, London. These:

"Honourable Sir,

"Being well assured that the High Court of Parliament, in any Exigent of Distress, is as well a sure Sanctuary to the remotest as other Parts of this Kingdom; our humble Desire is, you will be pleased immediately to represent to the Honourable House of Commons the present Condition of this poor exhausted County of Cumberland, in these Particulars; videlicet,

"That notwithstanding the extreme and excessive Charge of the late Leaguer at Carlile, far beyond the Proportion of this County; the Free Quarter ever since taken by One Regiment of Scottish Horse; large Quantities of Provisions, according to the Commander's own Appointment, drawn from all the Parts of the County, and in August and September last carried into Carlile for the Accommodation of the Scottish Forces; notwithstanding the many great Losses and Detriments sustained by occasion of the late Incursion of the Enemy, and the constant and uncessant Charge of some other Garrisons necessarily maintained in this County by our Men, besides divers others in the Hands of the Scottish Commanders: The Governor of Carlile hath newly taken up Three Troops, which take Free Quarter, and exact from some Parishes Weekly Provisions and Monies, promising them Immunity from all Cesses, and prohibiting them to pay any Cesses: The Officers of the Garrison of Carlile do now likewise force from neighbouring Parishes their Weekly Maintenance: By all which, we sensibly discern and find the County, especially the next adjacent Parts to Carlile, not only disabled to perform the Service of the new Model; but we are confident these Parts will also ere long (without some Refreshment) become in other respects useless and unserviceable to the Public.

"Now, for that Want of Pay, and necessary Means of Subsistence, is the usual Pretext of the Governor and other Scottish Commanders for their above-mentioned Exactions and Seizures; for the Removal of all Ground of Distaste and Difference which intolerable Oppressions may occasionally enforce betwixt them and us, for the Advancement of the common Cause which we much desire, and that this poor County may be preserved from Ruin, and enabled to contribute its weak Proportion of Service and Assistance to the Public; we humbly desire, that the Garrison at Carlile may be elsewhere maintained and provided for, and this wasting County speedily disburthened thereof; which to those Worthies, who, we doubt not, with a sympathizing Sense look on the Grievances of each Part of the Body Politic, is most humbly recommended, by

"Your Honours in all due Observance and Service assured,

Penreth, Nov. 28th, 1645.

"Will'm

William Briscoe.

"Henry Tolson. Jo. Barwis.

"Miles Halton."

Letter from Ketherd to Major Cholmley, about cessing the Parish of Brancoun.

"For his Right-assured Friend, Major Chomley.

"SIR,

"Whereas it is signified to us, by my Lieutenant at Award, That ye are about to exact Cess-money out of the Parish of Brancoun, where One Company of mine lies; I believe truly that these poor Men are not well able both to answer you in Cesses, and give Free Quarter to my Company which of Necessity they must have; being (for any Thing I know) all the Pay may be expected: Wherefore I could wish ye would forbear to exact Cess-money in any Kind where my Companies either of Horse or Foot are billeted; but as for the new Model, I am heartily well content ye levy such Men and Horse as are to be had in that Parish, and I shall be ready to give my best Assistance for that Purpose: But if any Cess-money be exacted, ye may well expect it shall be by the strong Hand. Yet I could wish, that by this, the Correspondence that has been hitherto entertained betwixt you and me be not now disobliged. So, expecting your Courtesy herein, I remain

Carlile, the 21th of November, 1645.

"Your assured Friend,

"W. Ketherde."

Letter from the Committee at York, that a Number of Persons, pretending to be Scots Officers; were seized at Tickhill, for abusing the Inhabitants; which is resented by Gens Lesly; and that there are more Scots Horse on their March South wards.

"SIR,

"Besides many former Pressures upon this poor Country by the Quartering of the Scottish Forces there, we hold it our Duty to acquaint you with One particular Accident, the Consequence whereof we cannot but apprehend with more than ordinary Perplexity, if not timously prevented by the Care and Wisdom of the Parliament. There were the last Week certain Officers, to the Number of about Seven and Thirty, pretending themselves to be under the Command of Lieutenant General Lesley, who, being quartered at Tickhill, offered several Abuses to the Inhabitants there; besides their Exactions of great Sums of Money, far beyond the Abilities of the poor Men, having formerly extremely suffered many other Ways. The poorer Sort of the Inhabitants, in the Sense of these Burthens, without any Order, rose together in the Night, seized upon the Persons of those Officers, their Horses and Arms, perceiving them to be some English, some Irish, some French, and, not daring to carry them through the Scottish Army to Lieutenant General Lesley, brought them to Pontefract, secured them there, and then acquainted us with the whole Action: And for that we were jealous of their Information, that the Persons apprehended were not at the Scottish Army, but rathere some that, by Colour of that Pretence, abused the Country to serve their own Ends, (fn. 5) we thought it Prudence to secure the Men for a Time, and immediately address our Letters to the Lieutenant General of the Scottish Army, and gave Order for the Examination of the Men in the mean Time. Since that, we find, by Letters from the Lieutenant General to the Governor of Pontefract Castle, and some other Letters, the Business hath been resented, under other Notions than was intended. The Inhabitants of the Town of Tickhill are in extreme Fears, being threatened with Extremity of Revenge. The Copies of the Informations we received as the Grounds of what we did, and of our Letters thereupon, and of those who have come to our Hands since by occasion thereof, we humbly present to your View and Judgement in the inclosed. What other sad Complaints we have also lately had of the Carriage of some other Forces of that Army in some other Parts of the Country, which we humbly offer in the Copy of a Letter came lately to us by an understanding Gentleman in the Country. We are bold to acquaint you also, that there are Two Regiments more of the Scottish Horse come out of the North into this County, one to Alerton, the other into Cleveland, where they levy Monies in the Country at their Pleasure. Sir, we have so much to do already to raise Monies for our own Men by reason thereof (besides the Burthen of our own reduced Officers), that they are in continual Mutinies, and ourselves and the Country in continual Danger; nor shall we possibly be able to provide any Pay for our Horse (most whereof are now marched towards Newarke), nor to provide any for the rest we are preparing to send thither. It is therefore our humble and earnest Suit, that some speedy Course may be taken, for the taking these intolerable Burtinens from the Country, without which we shall not be able to raise any Monies for our own Soldier, and the People of the Country will be reduced to those miserable Streights, that we much fear they will hardly be restrained from some violent Resistance, for the easing of themselves. It would be our great Grief, any Thing should fall out that in the Misery of this Country should render the Kingdom more miserable than it is; and it shall be our utmost Care to prevent it. In the mean Time, according to our Duty, we humbly present the naked Condition of the Country before you, to be made known to the House; and remain

Yorke, the 21th of January, 1645.

Your affectionate Friends

"and humble Servants,

Letter from the Committee with the Army before Newark, that they have mustered the Scots Army; and concerning the Pressures on the County of Nottingham for their Support.

(fn. 6) "For the Honourable William Lenthall Esquire, Speaker of the House of Commons.

"SIR,

"We have made several Addresses to the House, but as yet have not received any Answer. The extreme great Consequence of the Service against Newarke requires your most extraordinary Care; and the Necessity such, as it must be speedy lest it be too late. On Saturday last, the Muster of the Horse, Foot, and Train cf Artillery of the Scottish Army were taken all at One Time, by such as we appointed (we ourselves being present); though the Horse were above Four Thousand, the Foot near Three Thousand, the Train shall. The Particulars shall be transmitted to you with all Speed. Amongst the Horse, was a Regiment of the Lord Balcarres' newly come up, and Two Troops late of the Regiment of Colonel Devereux. We hear of Three Regiments of Horse more on this Side Yorke, the Lord Kircutbright's, the Lord Dalhouse's, and Colonel Frizill's. These Parts are not able to maintain the Number of Horse here already. This Day Lieutenant General Lesley met us at Nottingham; and we are to expect the Committee from Scotland to join with us, to order that Army. He demands of us Provisions for his Forces. We have given him an Account of what is done, which these Warrants inclosed will demonstrate; and have tendered to pay Weekly in Money Eight Hundred Thirty-three Founds, Six Shillings, and Eight Pence, to whom he will appoint, being the Third Part of Two Thousand Five Hundred Pounds, the other Two Parts in Provisions; which he faith cannot make his Forces subsist: But we cannot possibly provide more. If you please to alter the Assessments we have made on the Counties, we beseech you, it may be speedily done. If you approve of them, we desire the House to appoint some Persons immediately from themselves, to see those Provisions speedily sent.

"The County of Mittingham can little longer call upon you, that they may subsist in their own Houses.

Their next Cries must be at your Doors, and the Ruin of that County ends not (fn. 7) there; but their Sufferings and the Horse lying upon Darbysheir (if not prevented) renders the public Service to the whole Kingdom against Newarke infeazible. Whatsoever any Men may otherwise conceive, we on the Place know that Provisions in those Counties will be speedily spent; and that, if those Counties be exhausted, they cannot be brought from other Parts to be effectual. It is our Duty to be thus plain with you; and we doubt not but you, knowing thus much, will provide all possible Remedies; and not for the present to be compassionately taken, and after to let other Business retard this, which cannot stay. We pressed the Lieutenant General that Two Thousand Five Hundred Pounds Weekly, two Parts in Provisions, the Third in Money (which we offered to pay), might be accepted till Wednesday the 23th of this Instant, by which Time your Directions might be received, which, we assured him, our Letters should most earnestly beseech of you, He would have consented to that Time, if we would have given our Warrants for a Regiment of Horse and some Troops of his to go into Darbysheir; which we had no Authority to do, and which would stop the Provisions assessed by us on that County for the Scottish Army. When we came from London, we were assured the Forces from the Eastern Association should be here before us. A Month is past; not One Man come, nor on their March that we can hear of; and the Mortar-piece ordered by the Committee of both Kingdoms to come from Reading would, by God's Blessing, have made the strong Castle of Belvoir yours before this, and thereby a Thousand Horse and Foot now there might be employed against Newarke.

"If the Counties be not able to maintain the Scotts Army long where it is, and if you find it difficult to get Provision for their Stay there from other Places; we know no other Way than, though with extraordinary Charge, to finish this Service speedily. Money cannot be more thriftily expended, nor Forces better employed, to ease those Counties in their Persons and Purses. You being told, when this Letter is read, that Men and the Mortar-piece are coming, will not do your Business. We beseech you that some from you may see the Men on their March, and the Mortar-piece on the Way. And certainly, Sir, the Time spent in seeing the Premises performed for the South Side Trent, and the relieving the North Side, will make Newarke yours, and get the Prayers of many Thousands for you, who languisa under the Burthen of Miseries.

"Your humble Servants,

Grantham, the 19th of January, 1645.

"Wm. Pierrepoint.

"Will'm Armyn.

"Edward Ayscough.

"Thomas Hatcher."

Paper from the Scots Commissioners, about the Maintenance of their Forces before Newark; and a Resolution of the H. C. for abridging their Number.

(fn. 8) "When wee were expecting that a speedy and solid Course should have bin layd downe for Maintenance of our Forces, which were with soe much Importunity invited by the Houses of Parliament to come before Newarke; wee heare nothing sattisfactory concerning their Maintenance, but are surprized by the unexpected Resolve of the House of Commons for abridging their Number; which wee conceaved they would rather have desired to bee increased, for the more effectuall pursueinge of the Worke they were first and last called unto; the Ingagments and Undertakeings of the Kingdome of Scotland for this Kingdome, when the Parliament was in such a Condition as wee thinke noe Prosperity will ever make them forgett; the Tyme and Season of the Entry of the Forces of that Kingdome into England, and their Actions and Sufferings fithence; which wee desire may rather bee remembred by the Honnorable Houses then commemorated by us; and their constant Desires and Endeavors till this Day, amidest their owne Troubles, to doe the best Service they can to this Kingdome, according to the Solemne League and Covenant of both Kingdomes: All these doe forbidd us to apprehend any Jealousy to bee the Cause of this Resolution of the House of Commons. Wee cannott conceive, when the Number of our Foote which entered this Kingdome is soe much diminished, partly by their Sufferings, and partly by the necessary retourning of some of them into Scotland for opposeing those who have noe other Controversy against us, but our Assistance given to this Kingdome and cannott bee opposed and pursued by Horse, but by Foote, that it can either stand with Reason and Equity, in such a Constitution of Affaires, or with the true Meaning of the Treaty, that there should not bee above 2000 Horse and Dragoones in the Scottish Army in this Kingdome; the specifying of which Number was, the Words themselves doe import, that the Number should not bee under it, the Kingdome at that Tyme being unwilling to engage themselves for a greater Number then 3000 Horse and Dragoones; not that the Number should not bee above it, which wee beleeve then would have beene very acceptable; and, if the present Necessityes of that Kingdome could have beene forknowne, would not have beene refused for the future: Like as, when the Scottish Army did enter this Kingdome, their Number was aboute 3000 Horse and 500 Dragoones, and soe continued, without any Exception to the contrary, till Monday last; and when afterward the Earle of Callender was invited by both Houses to come upp for their Assistance, his Forces made a further Addition of Horses: And as, when the Scottish Army did enter into this Kingdome, there was a Necessity of a greate Strength of Foote for opposeing the Enemy, who then had had a very considerable Infantry; soe afterward, when, by the Blessing of God upon the Forces of both Kingdomes, the Enemye's Strength was much diminished, and they begun to increase the Number of their Cavalry, and turne themselves into a flying Army, it was necessary that the Scottish Army, for their owne Safety and Security, should increase the Number of their Horse; otherwise it had bin altogether impossible for them either to pursue the Enemy goeinge away, or to preserve themselves from being starved through Want of Victualls upon his Approach: And when the Troubles of Scotland were increased through the Invasion of the Irish, while wee were assistinge this Kingdome, some Regiments of our Foote was called Home for suppressing thereof; but all the Horse did continue in this Kingdome, with the Approbation of the Parliament, for opposing the Forces of the Enemy, which did consist most in Horse; and did good Service against them, in hindring their Recruits, and preventing their goeing Northward upon severall Occasions; and wee cannott understand why it should bee subject to Exception now, or that the Dimination thereof should bee pressed, they haveing lately expressed soe greate Forwardnes to ingage against the Enemy: And since the lessning of their Number could not but render them contemptible in the Eyes of the Enemy, and expose them to dayly Affronts and Injuryes, wee doe therefore earnestly desire that a speedy Course may bee taken for their Maintenance, and that (without Prejudice to the Treaty) there may bee paid, according to their Mustars (which shall never bee denyed), to each Trooper 18d. and to each Foote Souldier 6d. whereof Two Parts in Provisions, and Third Part in Money, and Halfe Pay to the Officers, which is the least can bee demaunded for their present Subsistence: And if the House of Commons shal bee pleased to insist upon that Resolve delivered to us Yesternight, wee shall communicate the same to the Parliament of Scotland, who noe Doubt will retourne such Answere as shal bee agreeable to the Treaty, and the Interest and Good of both Kingdomes. And in the meane Tyme wee doe expect that Care shal bee taken for their present Maintenance.

6 Januarii, 1646/3.

By Commaund of the Commissioners for the Parliament of Scotland.

"Jo. Cheislie."

Agreements for the Scots to come into England.

"By the Treaty of the 29th of November, 1643, concerning the bringing in of the Scottish Army; it was agreed, that an Army should be there levied forthwith, consisting of Eighteen Thousand Foot effective, and Two Thousand Horse, and One Thousand Dragoons effective, with a suitable Train of Artillery, to march into England, &c.

"By an Order of this House, bearing Date the 22th of June, 1644, it was recommended (fn. 9) by the Committee of both Kingdoms to the Kingdom of Scotland, the Desires of both Houses, that the Forces already raised, and in raising, by the Kingdom of Scotland, being, as is reported, about Ten Thousand, be invited forthwith to come in, for our Assistance.

"After this, the 27 Decembris was ordered.

"And that the 31 Decembris was further ordered.

"After which, were several Ordinances made, for the Provision of the Scottish Army in general, by Assessments upon the several Counties, and Imposition on the Coal of Newcastle; and never any Distinction made of the First and Second Army; and Seven Thousand Pounds upon the Coal of Newcastle, and Three Thousand Pounds upon the Excise of the Northern Counties, except the Excise of Salt and Flesh in those Counties, and of Hull."

Answer.

"The Resolve of the House of Commons was not for the abridging of the Number of the Scottish Forces, but for reducing the Number of Horse to the Treaty: And as they shall never forget the Engagements and Undertakings of that Kingdom for this, so they are confident that Nation will remember the First and great Testimony of Brotherly Affection which was given them by the Parliament of England.

"That the Kingdom of Scotland could not send any Forces into this Kingdom without their Consent; and therefore what Number soever was agreed upon by both Kingdoms was binding, and ought not to be exceeded.

"We do not know what the Number of Horse were which first came into this Kingdom; nor that, when the Earl of Kallend'r's Horse came into this Kingdom, the whole Force of the Scottish Horse then in England did exceed the Number of the First Treaty; considering that in that Time, many of the First Horse were probably diminished.

"As no Force ought to have been brought into this Kingdom without our Consent, so no Alteration ought to have been made in the Condition of those Forces without our Approbation.

"That, as it might seem reasonable to them to encrease their Horse when the Service required it; so, upon the same Reason, that Service being now most for Foot, they ought to be reduced to the Number of the Treaty.

"That, for the Security and Preservation of their Army, we did several Times send great Parties of English Horse to that Army, although the Body of the Scottish Horse did march out of England into Scotland without our Privity or Consent."

Adjourn.

House adjourned till 9^a, Monday.