House of Lords Journal Volume 8: 2 June 1646

DIE Martis, 2 die Junii.

PRAYERS, by Mr. Sallawey.

Comes Manchester, Speaker.

Allowance to be made for Habington s Children.

The Petition of Mrs. Habington was read; desiring, "That there may be some Allowance made, for the Maintenance of her Children, out of the Sequestration of her Husband's Estate."

It is Ordered, That it be specially recommended to the House of Commons, and desire their Concurrence, that it may be referred to the Committee of Lords and Commons for Sequestrations, that the Children may have the Allowance mentioned in the Petition for their Maintenance; and that Care may be taken for their Education in the Protestant Religion.

E. of Ancram's Protection renewed.

Ordered, That the Earl of Ancram's Protection shall be renewed for Six Months longer from the Date hereof, in regard of the great Debt which is owing to him from this State.

Rowe's Order.

The Order for paying Fifty Pounds to Mr. Rowe, was read, and Agreed to. (Here enter it.)

James's Cause.

Upon reading the Petition of James, concerning his Suit in the Court of Wards and Liveries: It is Ordered, To be referred to Dr. Aylett and Dr. Heath, to consider and state the Business, and report the same to this House.

Soame's Ordinance.

The Ordinance for taking off the Sequestration of Mr. Soame's Estate, was read, and Agreed to.

(Here enter it.)

Inigo Jones's.

The Ordinance for taking off the Sequestration of the Estate of Inigo Jones, was read, and Agreed to.

(Here enter it.)

Committee for Irish Affairs.

The Order for adding Sir Wm. Waller and Mr. Wallop to the Committee for Irish Affairs, was read, and Agreed to. (Here enter it.)

Widdrington's Ordinance;

The Ordinance for taking off the Sequestration of Mr. Widdrington, was read, and Agreed to.

(Here enter it.)

Darwin's;

The Ordinance for taking off the Sequestration of Mr. Darwin, was read, and Agreed to. (Here enter it.)

Warren's;

The Ordinance for taking off the Sequestration of Mr. Warren's, was read, and Agreed to.

(Here enter it.)

Dowcra's.

The Ordinance for taking off the Sequestration of Mr. James Dowcra, was read, and Agreed to.

(Here enter it.)

Permyfay & al. to be attached, for a Riot in Mr. Maxwell's Park.

The Petition of James Maxwell, Gentleman Usher of the Black Rod; complaining of "a Riot, in breaking into a Park of his near Guildford;" and also an Affidavit of Wm. Smyth was read.

(Here enter the Affidavit.)

It is Ordered, That Edward Permyfay, Henry Capon, John Chitty, John Mone, Thomas Kitchener, and Thomas Hall, shall be attached, and brought before this House, to answer the said Riot.

Betton's Ordinance.

The Ordinance for taking off the Sequestration of Mr. Betton, was read, and Agreed to.

(Here enter it.)

Capt. Lloyd freed from an Arrest, on giving Security.

Upon reading the Petition of Captain Lycent Lloyd; complaining, "That he having been, and now is, designed for the Service of Ireland, and there being many Arrears due to him from the State for his said Service, and is now arrested:"

It is Ordered, That he be released from his present Restraint; he giving Security out of his Debenture, for the satisfying his Debt when he shall receive the Arrears from the State.

Tapestry Manufacturers at Mortlake, Petition for Money due from the King.

The Petition of the Workmen that make Hangings at Mooreclacke, was read; desiring, "That they may have some of the Debts paid them, which are owing for Hangings they sold to the King."

And it is Ordered, That it be referred to the Committee of the Revenue; and the Concurrence of the House of Commons to be desired herein.

Message to the H. C. with it; and to remind them of Ordinances sent down;

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

1. To put them in Mind of the Ordinance concerning Mr. Wortman, Minister of Glo'ster.

2. To put them in Mind of these Particulars:

1. The Ordinance concerning the Captives in Barbary.

2. The Ordinance concerning Captain Turpin's Daughters.

3. The Ordinance concerning such Persons as have Actions brought against them for what they have acted as Soldiers.

for Passes to export Horses for France;

4. The Pass for the Horses for the French King.

5. The Pass for the Horses for the Count of Bryenne.

for Capt. Plunkett's Victualling Accompt to be allowed;

3. To communicate the Report to them from the Committee for the Admiralty, concerning Captain Plunkett; and desire their Concurrence, that his Four Months Allowance may be paid him, he deserving so well of this State.

and with the Plymouth Petition.

4. To recommend to them the Petition of the Mayor of Plymouth.

5. To recommend to them (fn. 1) the Petition of the Tapestry Men; and that it be referred to the Committee for the Revenue, that they may have some of their Debts paid them.

Papers between the English and Scots Commissioners at Newark:

The Lord Mountague presented to the House several Papers, being the Business of the Affairs transacted between the Commissioners for the Parliament which were in the Army before Newark, and the Commissioners of the Scotch Army; which were read. (Here enter it.)

Ld. Mountague thanked for his Services there.

The House gave the Lord Mountague Thanks, for the Care and Pains he hath taken in the Service of the Parliament at Newarke.

Col. Fielding, Leave to go beyond Sea.

Ordered, That Colonel Feilding shall have Leave to go beyond the Seas, he taking the Oaths required by the Parliament; and that he give Security never to take up Arms against the Parliament any more; and that the Concurrence of the House of Commons be desired herein.

Paper from the Committee of the Eastern Association.

The Lord Viscount Say & Seale reported from the Committee of both Kingdoms a Paper, which was presented to them from the Committee of the Eastern Association. (Here enter it.)

Capt. Hartwell freed from an Arrest.

Ordered, That Captain Hartwell shall be released from his Imprisonment, he being arrested but upon a Mean Process.

(fn. 2) 28 March, 1646.

The English Commissioners First Paper to the Scots Committee, concerning their Powers and Instructions from the Parliament of England.

"Balderton, 28th March, 1646.

"Whereas, by several Treaties agreed between the Two Kingdoms, divers Things are to be performed and done by the joint Advice of both Kingdoms, or their Committees thereunto authorized, which cannot be so well transacted but by those upon the Place; we are therefore authorized to advise, debate, and conclude with your Lordships, and by joint Advice with you to put in Execution, all such Matters and Things, concerning the Well-ordering, Directing, and Disposal of the Scottish Forces, brought in and employed for Assistance of the Parliament of England, as shall be found requisite and needful for Time to come, for the Prosecution of this Cause, and the Ends expressed in the Covenant; and have authorized to order, dispose, and direct the said Army according to the Articles of the Treaty; in Pursuance whereof, we have repaired into these Parts, and staid Three Months, in Expectation of your Lordships coming to join with us, for the Ends abovementioned. We are further to let your Lordships know, that we have in Charge from both Houses, to do our utmost Endeavours for the continuing a good Correspondence between the Two Kingdoms and their Forces, and to acquaint your Lordships with the great Streights that the Parliament of England is in, for Want of Money; and that whatsoever Failing of Payment according to the Treaty have been from them, hath not proceeded from any Want of Affection, or Intention to make good their Engagements; and we are to acquaint your Lordships, that a Monthly Assessment is made for the Maintenance of the Scottish Army, and that Care be taken for the speedy Payment thereof.

"Signed, in the Name, and by the Warrant, of the Committee of both Houses of Parliament.

"Wm. Rowe, Secretary."

** 30 March, 1646.

"Balderton, penultimo Martii, 1646.

The Scots Commissioners Answer to the English Commissioners First Paper, of the 28th March, 1646, concerning their Powers.

"In Answere to your Lordships Paper of the 28th, wee declare, that wee are authorised from the Parliament of Scotland to joyne with your Lordships, for the Right-ordering, Directinge, and Disposall of the Forces of both Kingdomes, employed for the Prosecution of this Cause, and the Ends expressed in the Nationall Covenant; and have Authority therein to proceede according to the Articles of the Treaty; in Pursuance whereof, wee have repaired into these Parts, as soone as the publique Employments at Home could dispence with our Absence; and that wee were appointed to come, and shall with all Readines joyne with your Lordships, for the Ends abovementioned. Wee are further to lett your Lordships knowe, that, as our former Carriages has given reall Testimonyes of our constant Affection to this Cause, and of our Desire to preserve Amity betwixt the Two Kingdomes, soe shall wee doe our uttmost Endeavors to continue a good Correspondency to the common Happines of both, beinge confident, by God's Blessinge, that nothinge shall bee able to divide or begett a Misunderstandinge betweene us; and that the Parliament of England lies not other Intentions then to make good all their Engagments according to the Treaty, which wee shall studdy inviolably to observe: But as for any-thing relating to the Maintenance of our Army, wee shall retourne your Lordships more perticuler Answere, when wee have better informed ourselves of the Condition thereof, and have Occasion thereafter to make knowne our Desires in their Behalfe.

"Signed, by the Commaund of the Committee from the Kingdome of Scotland.

"M. Henderson, Secretary."

** 4 April, 1646. Scots Commissioners Paper to the English Commissioners, concerning the Entertainment of the Scots Army.

"Lincolne, 4 Aprill, 1646.

"Haveing taken into Consideration the Condition of our Forces, and findinge that they cannott subsist upon the present Maintenance allowed them; wee are to desire your Lordships, for their further Encouragment, and the avoydinge of many Complaints which through their Necessityes may bee occasioned, that your Lordships would bee pleased either to performe the Monethly Payment agreed upon by the Articles of the Treaty, or otherwise that our Forces may bee duly paid and entertained according to their Mustars, which they shall never declyue to bee made as frequently and strictly as your Lordships thinke fitt; for the Inequality of your Souldiers Pay, constantly given them, cannott but bee just Matter of Discontent to others who are joyned with them in the same Service, and therefore conceive they ought to bee in noe worse Condition.

"Signed, by Commaund, and in the Name, of the Commissioners from the Kingdome of Scotland.

"M. Henderson, Secretary."

** 4 April, 1646.

English Commissioners Answer to the Scots Commissioners Paper of the 4th, concerning Entertainment of the Scottish Army, delivered at Collingham, 7th April.

"Lincolne, the 4th of April, 1646.

"In Answer to your Lordships Paper of this Instant; at our First being in these Parts, and ever since, we have used our utmost Endeavours for Pay and Provisions for your Army, according as (fn. 3) we were authorized by both Houses of Parliament; and we shall not omit any Thing we possibly can do, that your Soldiers may be duly paid and provided for, according to the Treaty. We paid Fifteen Thousand Pounds Sterling to your Commissary Mr. Dromond at our first coming down; and great Quantities of Cloaths and Arms were delivered to him. We have since paid unto him Eighty Thousand Three Hundred Thirty and Three Pounds, Six Shillings, Eight Pence; and do find, by several Acquittances and credible Informations, that, with the Money and Provisions delivered in to the Commissary, and the Money and Provisions taken by some Officers and Soldiers of your Army, there hath been much more received than proportionably to Thirty Thousand Pounds per Mensem for Twenty-one Thousand Men, according to the Treaty. We have here very great Quantities of Corn and Cheese for your Army; which we have long desired, and do now intreat, that it may with all Speed be received for your Forces.

"Signed, by the Command, and in the Name, of the Committee of both Houses of the Parliament of England.

"Will'm Rowe, Secretary."

** 7 April, 1646.

English Commissioners Paper to the Scots Commissioners, concerning the supernumerary Horse, and Misdemeanors.

"Collingham, 7th of April, 1646.

"In Pursuance of our Instructions from both Houses of the Parliament of England, we desire of your Lordships, that your supernumerary Horse, above those mentioned in the Treaty, may be no Charge or Burthen to us. They, as we conceive, may have occasioned the great Misdemeanors committed by some of your Officers and Soldiers, to the Scandal of the honest and well-deserving in your Army. They have taken so great Sums of Money and Quantities of Provisions, as your Foot and the rest of your Horse have thereby suffered Want. So great a Number of Horse is no Way useful for the Service against Newarke (many of them having never done any Duty); but are very prejudicial thereunto, these Parts being no Way able to provide for them, and the Counties of Yorke and Derby being thereby much disenabled to pay their own Forces now employed before Newarke; which if continued, we shall be necessitated to send back all or most of the Yorkesheir Forces, which are about Two Thousand Eight Hundred Horse and Foot. We most earnestly wish, and shall ever endeavour, a good Correspondency betwixt both Kingdoms; and though, after Offences committed, it is for the Justice, Honour, and real Benefit of both, that the Offenders receive condign Punishment, yet we had much rather all Occasions of them were prevented, and that all your and our Forces were such as by their Carriage did declare they stood for the Cause of God, in maintaining His true Religion, and the Laws and Liberties of both Kingdoms.

"Signed, by Command, and in the Name, of the Commissioners of the Parliament of England.

"Wm. Rowe, Secretary."

** 10 April, 1646. Scots Commissioners Answer to the English Commissioners Paper of the 7th, concerning the supernumerary Horse, and Misdemeanors.

"Collingham, 10th Aprill, 1646.

"In Answere to your Lordships Paper of the 7th Instant, wee are to shewe you, that, since our comeinge to this Place, wee have not much looked upon the Treaty, nor should wee ever by it have found out any supernumerary Forces in our Army; for wee conceave that, by the Treaty, wee were obliged to bring in the Number therein specifyed at least; but if wee had brought in Triple the Number, they should have beene at that Tyme very acceptable to this Kingdome, which (in that Posture of Affaires, and since that Tyme alsoe) had more then Neede of them. Wee are sorry that the Assistance which wee have performed soe faithfully, with soe much Hazard to our Kingdome, and with soe much Trouble and Missery to those in the Service, should now bee accounted a Charge and a Burden; nor can wee disband any Part of our Army without greate Inconveniencyes to followe thereupon; and if your Lordships judge such Numbers of Horses not to bee usefull against Newarke, surely it was otherwise thought by the Parliament when our Army was soe often called to this Service; and if some have not done Duty before the Towne, it wes not through any Unwillingnes in the Officers and Souldiers (who had much rather bee upon the present Imployments then lying abroad in the Country) but through the Want of Maintenance allowed them. Wee knowe not the Abilityes of the Countyes of Yorke and Derby; only wee desire, and ought to have, constant Maintenance to our Forces, come from whence it will; nor presume wee to intermedle or inquire what your Lordships doe with your Forces; but shall labour (God willinge), in our Quarters and Approaches, to doe the Duty competent to ours. Wee have alwayes endeavored, and we may say have performed, every Thinge for keeping a good Correspondence betweene the Kingdomes; and for any Misdemeanors committed by any, as wee are exceedingly displeased therewith, and shal bee ready to joyne with your Lordships to heare the Complaints, redresse the Greivances, and doe exemplary Justice when any Offence shall bee duly proven, soe doe wee wish that Complaints were not sought after, and too much harkened to, to the Scandall of the Honest and Wellaffected. Occasions cannott altogether bee avoyded where there are Armyes; but if wee hould not Hand to the Punishment of Offences, wee shall then bee guilty of the What of Justice and Honnor. Wee will not justify the Carriage of every Souldier; but wee must say, the generall Bent of our Nation hath beene, as is, to stand for the Cause of God, the Maintenance of true Religion, and the Lawes and Libertyes of both Kingdomes; and for these wee are ready to sacrifice our Lives.

"Signed, by Commaund, and in the Name, of the Commissioners of the Parliament of Scotland.

"M. Henderson, Secr."

** 10 April, 1646. The English Commissioners Reply to the latter Part of the Scots Commissioners Answer of the 10th, concerning Misdemeanors.

"Collingham, 10th April, 1646.

"We shall reply at our next Meeting to the First Part of your Lordships Answer now delivered to us; and for the other, which concerns the Misdemeanors committed by some in your Army, we assure you those Complaints have found us out wheresoever we have been; and we conceive many of them have been sufficiently proved, and have Reason to believe the rest will be made good, they coming to us from several and credible Persons: We most earnestly desire that there may not be any Delay in the Hearing of them, that such Offenders as are guilty may receive condign Punishment, and the miserable distressed Counties have some Ease; we are therefore now ready to agree with your Lordships of a fitting Time and Place for yours and our hearing the Cause; and that it may be fairly and duly had, we desire of your Lordships, that your Forces which quarter upon those Places, and over-awe the Inhabitants from whence these Complaints come, may be removed; else, we find it will not be possible for us to get the Witnesses to appear.

"Signed, by Command, and in the Name, of the Commissioners of the Parliament of England.

"Wm. Rowe, Secr."

** 10 April, 1646.

English Commissioners Paper to the Scots Committee, for Removal of all Englishmen that have served the Enemy, and not conformed to the Ordinances of Parliament, out of the Scots Army.

"10 April, 1646.

"In Pursuance of our Instructions from the Parliament of England, to do our utmost Endeavours for the continuing a good Correspondency between the Two Kingdoms and their Forces, and to take Care that there be no plundering the Countries where your Army shall be, and that no Protection be granted to any Delinquent contrary to the Ordinance of Parliament; we propose unto your Lordships, that such Subjects of the Crown of England as have served the Enemy, who have not conformed to the Ordinances of Parliament, but protect themselves in being listed under the Command of your Forces, may be removed out of your Army; we having received credible Informations that they stand disaffected to us, and do commit great Misdemeanors, and most lamentably oppress the Countries; and that many of them publicly declare their Hatred to our Cause, and their Desire to serve the Enemy, and do bring great Scandal upon the Honest and Well-affected in your Army. As for those of other Nations, we shall at present say no more, but that the Parliament of England confides in their Brethren of the Kingdom of Scotland, who are, by solemn League and Covenant before Almighty God, and by Treaty, joined in the strictest Bonds of Union.

"Signed, by Command, and in the Name, of the Committee of both Houses of the Parliament of England.

"Wm. Rowe, Secretary."

** 17 April, 1646.

Scots Commissioners Answer to the English Commissioners Paper of the 10th concerning the Removal of disaffected English out of the Scots Army.

"Collingham, 17 Aprill, 1646.

"To the Paper given in by your Lordships 10th Aprill; wee say, that wee thinke it most reasonable that noe Subject of the Crowne of England, that hath served the Enemy, and not conformed to the Ordinances of Parliament, should bee protected by beinge listed under the Commaund of our Army; and wee declare that wee condiscend hartily to the Proposition made by your Lordships for their Removall; and wee desire from you a List of their Names, that they may bee instantly discharged: Wee shall likewise informe ourselves of such disaffected Persons to the Parliament's Service and the Cause, and make dilligent Enquiry after them, and their Miscarriages, and delate them to you, to bee used and punished as you shall thinke fitt; that it may appeare to your Lordships and all the World, how cordially wee love and honnor the Cause and the Parliament, and how much wee hate and detest such Persons and their Oppressions; and for any of other Nations, when your Lordships are pleased to represent any Thinge to us against them, wee shall strive to give you all just Sattisfaction, according to the Bonds of the solemne League and Covenant and the Treaty betweene the Nations.

"Signed, by Commaund, and in the Name, of the Commissioners of the Parliament of Scotland.

"M. Henderson, Secr."

** 17 April, 1646.

Scots Commissioners Answer to the English Commissioners Reply of the 10th, concerning Misdemeanors, and examining the Complaints of the Country.

"Collingham, 17 Aprill, 1646.

"To another Paper given unto us the 10th Instant; wee answere, that wee shal bee ready, when your Lordships thinke fitting, to receive any Reply to the First Part of our Answere presented by us to your Lordships at that Tyme; and for the Misdemeanors alleadged committed by some of our Army, wee assure you, if any bee, they are very displeasinge to us; and as wee shall readily concurre in the Tryall and Punishment thereof, soe wee desire that all frivalous Complaints may bee laid aside, and that wee may fall upon materiall Enormityes, that the Number of Things inconsiderable appeare not to the World to make Bulke, and for Weight: Wee doe, therefore, according to your Lordships Paper, desire as earnestly a Meeting for heareinge any such Complaints, and condiscend to any Tyme and Place you please for that Purpose, where your Lordships shall see, and wee are confident approve, our Carriage concerning these Matters; and that all may bee duly and fairely done, wee have appointed our Forces that quarter in these Places to remove, that the Inhabitants may without Feare bringe in their Complaints and Proofes, which wee hope shall not bee found soe greate as the Noise is made concerning them; but whatsoever they bee, more or lesse, the due Censure and Punishment shall bee pressed by us.

"Signed, by Commaund, and in the Name, of the Commissioners of the Parliament of Scotland.

"M. Henderson, Secr."

** 17 April, 1646.

Scots Commissioners Proposition, concerning the Maintenance of their Army.

"Collingham, 17th Aprill, 1646.

"Wee desire your Lordships would bee pleased to concurre with us, to move the Parliament duly and tymely to performe the Payment of 15,000£. per Mensem for our necessary Subsistence; and in the meane Tyme, while some sollid Course bee taken for constant Payment thereof, that Care may bee taken for our Maintenance in the severall Quarters, in that Way which may avoyd all Inconveniencyes.

"Signed, by Commaund, and in the Name, of the Commissioners of the Kingdome of Scotland.

"M. Henderson, Secr."

** 17 April, 1646. English Commissioners Answer to the Scots Commissioners Propositions concerning the Maintenance of their Army.

"Collingham, 17 April, 1646.

"We most willingly concur with your Lordships Desires to move the Parliament for the Payment of the Fifteen Thousand Pounds per Mensem, according to the Ordinance of the 14th of February last; and in the mean Time, we have this Week paid Three Thousand Three Hundred and Thirty-three Pounds, Six Shillings, and Eight Pence, to Mr. Drumond, Commissary of your Army, for the Ease of the distressed County of Nottingham, and are ready to pay the Sum of One Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, and Four Pence, to him, upon his usual Acquittance, which makes up Five Thousand Pounds, being all the Money in our Hands for your Army, upon your Lordships Engagement that the said One Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, and Four Pence, shall be accepted and accounted for the Subsistence of that poor County, as heretofore, for Fourteen Days after Wednesday next; else we know the Inhabitants of the North Side Trent must leave their Dwellings, and thereby your Forces brought into much Exigency for Provisions, to the endangering of the Service against Newarke; and we shall, according to our former Offers, which we have often made, most gladly send in the Provisions of Corn, Cheese, and Butter, for your Army, which are now at Lincolne in great Quantities, and receive much Hurt by not being taken away; and with these we conceive your Army may subsist before Newarke, till the Parliament take farther Order for their Pay, according to the said Ordinance of the 14th of February last.

"Signed, by Command, and in the Name, of the Committee of both Houses of Parliament.

"Wm. Rowe, Secr."

** 15 April, but delivered 17th, 1646 English Commissioners Reply to the First Part of the Scots Commissioners Answer of the 10th, concerning the supernumerary Horse.

"Lincolne, 15th of April, 1646.

"We conceive the First Part of your Lordships Answer of the 10th not to be satisfactory to our just Desires in our Paper of the 7th Instant; and if you please to peruse the Treaty, you will find the Horse you now have to be supernumerary to those therein expressed: And where your Lordships alledge, that, if you had brought in Triple the Number therein specified, they would have been at that Time very acceptable to this Kingdom, which (in that Posture of Affairs, and since that Time also) had more than Need of them; your Lordships may well remember, that the Desires of the Parliament of England would have been satisfied with Ten Thousand Foot and a Thousand Horse from their Brethren of Scotland, according to the Instructions given to their Commissioners; and it was their Consent to your Desires to have them for the Number mentioned in the Treaty; and your Lordships will conceive the Parliament of England to be the Judges of what this Kingdom needs. We are confident your Lordships will conceive, when many of your Horse (not comprehended in the Treaty) take Free Quarter in this Kingdom, that our Desires are most reasonable that they be no Charge or Burthen to us, and will see this Kingdom eased therein. Your Lordships and we do now know, that many of your Horse are useless in the Service against Newarke, and have never done any Duty (what they have done we shall leave for another Time). And where your Lordships set forth, that the Parliament thought otherwise than we do of the Numbers of Scottish Horse when your Army was so often called to this Service; we shall transmit the Proceedings herein to both Houses of Parliament, and say no more for the present, but that, by an Ordinance of Parliament of 14th of February, 1645, sent unto us by Lieutenant General Leslye, with his Demand for Fifteen Thousand Pounds Monthly of us, it is there inserted, That no Part thereof should be extended to the Pay of any supernumerary Horse; but that the Horse be reduced to the Number expressed in the Treaty. And we can say of the Parliament of England, That they have always endeavoured and performed every Thing for keeping a good Correspondency between both Kingdoms, and have ever given Instructions to those employed by them in your Army accordingly.

"We have delivered in a Paper to the other Part of your Lordships Answer: We should not have used some Expressions herein, but that we are necessitated thereunto by your Paper. We shall most faithfully and heartily, with God's Blessing, stand for the Cause of God, the maintaining of true Religion, and the Laws and Liberties of both Kingdoms, and to make the Solemn League and Covenant and Treaty betwixt both Kingdoms the Rule of our Proceedings; and for these we are most ready to sacrifice our Lives.

"Signed, by Command, and in the Name, of the Commissioners of the Parliament of England.

"Wm. Rowe, Secretary."

** 5 Maii, 1646. The English Commissioners there Protestation against a pretended Council of War, held at Laughton, 21th April, 1646, by the Officers of Col. Frazer's Regiment; sent in a Letter to Newcastle, 12 May, 1646.

"Balderton, 5th of May, 1646.

"Whereas your Lordships (upon our Desire of the 23th of April, to know the Names of the Two Malefactors mentioned in the Letter you then imparted to us at Gaynsborough, to be executed for the Misdemeanors committed in or near Tickhill) were pleased, the 30th of April, to deliver unto us the Proceedings of some Officers as of a Council of War; we conceive ourselves obliged, by the Trust reposed in us from the Parliament of England, to represent unto your Lordships some Particulars of the true State of the Proceedings concerning the Business of Tickhill, which we believe are unknown to your Lordships, or to the Lord General Leven. We find, and we were before informed thereof, that One of those Persons executed near Tickhill was sentenced (fn. 4) for running away from your Army, and had never committed any Offence by us complained of; and the other Person who suffered Death was an ordinary Trooper, and none of the great Offenders, and was sentenced for other Offences formerly committed, as well as for those we complained against. We sent the Complaints of the Inhabitants of Tickhill unto Lieutenant General Lesly, on the 22th of January last; and after much Time spent to have the Forces removed, before we could get any Witnesses to appear for Fear of them, the Witnesses and many of the Offenders were heard at Gaynesborough, on the 27th of February, and condign Punishment promised to be inflicted on the Offenders. After, a Council of War was appointed to be at Tuxford on the Second of April, and Warrants sent for divers Witnesses to attend, of which Fortyseven appeared, many of them poor Persons, and who staid there all that Day and Night at their own Charge; but no Council of War was held, nor Notice given to the contrary till the next Morning. After, another Council of War was appointed, to be held at Bawtry, on the 16th Day of April; and Warrants sent out for the Witnesses, of which many appeared before Lieutenant General Leslie and others. Divers of the Witnesses and some Parties were heard; One Witness sworn to prove a material Complaint, and a Spanyard sworn on the Part of a Malefactor: But no further Proceedings, because it was alledged there were not Officers enow come to make a full Council (fn. 5) of War, and that it was past Twelve of the Clock, before which Hour the Court was to be fully constituted, or else (they said) they could not, according to their accustomed Rules of War, sit as a Martial Judicatory for that Day. Since, it appears, by the Paper received from your Lordships, there was a Meeting the 21th of April last, at Laughton, in the County of Yorke, pretended to be a Council of War, for sentencing the Malefactors for the Offences committed at or near Tickhill. Against which, and the Proceedings thereof, we do protest; as, that the Judges were not competent Persons, nor doing according to Justice:

"For, First, the Regiment of Colonel Frazier is complained against, and all the pretended Council of War were of that Regiment.

"Secondly, Not One of those, but Colonel Frazer, were of the former Meeting at Bawtry, before whom the Witnesses were heard and sworn as aforesaid.

"Thirdly, Some of the Persons of the Council of War were particularly interessed in this Business.

"Fourthly, This Council of War did not summon or hear any Witnesses; and their Sentences seem to be given (in many Particulars) on the Answer of the Offenders only; and what Proofs were read in Evidence against the Offenders we know not, for we heard not of this pretended Council of War till it was past, neither were any there present from us; whereas we ourselves were at a former Examination, and, at the Desire of Lieutenant General Lesley (upon very short Warning), we had some Persons present at the other Two Hearings: We therefore most earnestly desire of your Lordships, that due Care may be taken to redress the Proceedings of this pretended Council of War; for we do aver, by what we heard ourselves, and by the Examinations taken at Bawtry, divers heinous Misdemeanors were fully proved to be committed by the Persons acquitted, or but sentenced to suffer some small Punishment, nothing proportionable to their Offences; and we do insist upon it, that the Offenders of greater Quality, against whom there are yet no Proceedings for the Misdemeanors committed in or near Tickhill, may receive condign Punishment; and that the Malefactors (against whom your Lordships heard the Examinations at Gaynsborough the 23th of April last) may be duly punished. Exemplary Justice is the Way to prevent future Misdemeanors, and remove the Guilt from your whole Army.

"Copia vera.

"Sic subscribitur,

"Edward Mountagu.

"W. Pierrepont.

"W. Armyne.

"Edw. Ayscoghe.

"Tho. Hatcher."

** 11 Maii, 1646.

"Lincolne, 11 Maii, 1646.

The English Commissioners Paper to the Scots Commissioners, desiring that Major Trollopp, and other Officers, who came out of Newarke before the Surrender, and are now in the Scots Army, may be put away, and left to the Justice of Parliament; sent, 12 May, to the Scots Commissioners at Newcastle.

"We being credibly informed, that Major Trollop, Lieutenant Colonel Monrowe, Major Floyd, Lieutenant Tirwhitt, Captain Cole, Captain Solan, Captain Poynton, Captain Hutchin, Captain Merryman, Captain Booth, with very many others, went from Newarke, before the Surrender, without Passes, and are listed and protected in the Scotts Army; according to our Instructions received from the Parliament of England, we do demand that they may be put out of your Army, and be left to the Justice of the Parliament.

"Copia vera.

"Signed, in the Name, and by the Command, of the Commissioners of the Parliament of England.

"Ro. Blackborne, Secr."

** Names of Englishmen in the Scotish Army, who have served the Enemy, delivered to the Scots Commissioners 27 April. 1646.

"The Names of such Englishmen as have served the Enemy against the Parliament, and are either listed in, or have sheltered themselves under, the Protection of the Scotts Army.

"Captain Edward Beale, who, having served the Earl of Newcastle, came in, and took the National Covenant, and after revolted, and was in Service with the Enemy against the Parliament.

"Sir John Digby, a Colonel in Newarke.

"Major Pudsey, a Papist.

"Thomas Palding, formerly a Cornet in the King's Army.

"Captain Lumbsdaine, late Governor of Cawood Castle.

"Tymothy Palding, in Service with the Enemy at Sandall Castle.

"Major John Watson, late Governor of Ayre's Mouth.

"Major Robert Watson, formerly with the Enemy.

"Mr. Moreton, late in Sandall and Pontefract Castles, under the Enemy, now in Captain Smith's Troop.

"Captain Grimsditch, a Captain under the Enemy.

"Lieutenant Hutchinson, late in Arms for the Enemy.

"Mr. Hutchinson, late of Yorke.

"Lieutenant Colonel Sothaby.

"Captain Brandlinge.

"Mr. Tho. Bullingham, heretofore an Intelligencer betwixt Newarke and Skipton; and being imprisoned by Colonel Thornhaugh, confessed as much; and is now a Chaplain in the Scotts Army.

"Lieutenant Colonel Carre, a Reformado heretofore under the Earl of Newcastle, and now quartered at South Leverton.

"Captain Robinson, late Governor of the Fort at Weldon Ferry, now in Quarter-master General Ennis's Troop.

"Robert Urwyn, heretofore taken Prisoner at the Storming of Newcastle, and now Deputy Quartermaster General to the Scotts Army.

"Thomas Harland, Clerk to the Quarter-master General Innis.

"One Rafton, formerly in Service against the Parliament.

"Captain Mountaine.

"Captain Floyd, late an Officer in Newarke, now under Major General Vandrusk.

"Lieutenant Plunckitt, an Irish Rebel, now in the Quarter-master General's (fn. 6)

"One Sherborne, a Cavalier, now in the Quartermaster General's Troop.

"Captain John Awdesley, late in the Earl of Newcastle' Army.

"One of Dr. Marshall's Sons, late an Officer in the King's Army.

"Captain Cartwright, late in Pontefract Castle with the Enemy.

"Captain Tyndall.

"Lieutenant Sherborne.

"Luke Jackson, late a Lieutenant for the Enemy.

"One Bretton, of Bretton, in Yorkesheir.

"John Bymes, of The Heath.

"Martin Reynolds, alias Wood, of Crofton.

"Richard Jones, late in Service with the Enemy, and now in Lieutenant Colonel Urrye's Troop.

"Andrew Elvis, Captain Lieutenant to Colonel Vandrusk, heretofore Major to Colonel Thornehaugh.

"Lieutenant Goodwyn.

"Lieutenant Percy.

"Lieutenant Moone.

"Lieutenant Hartley.

"Lieutenant Tilbury.

"Lieutenant Baynbridge.

"Lieutenant Humphry.

"Corporal Sympson, fled for a Rape at Thorne, protected by Lieutenant Ramsey, or Captain Elvis.

"One Cartwright.

"Wm. Hall.

"Mr. Baldwyn.

"Mr. Arnesby.

"Mr. Carey.

"Mr. Rose.

"This List was delivered to the Scotts Commissioners at Collingham, 27 April, 1646.

"Vera Copia."

** Names of such Officers and Soldiers of the Scotts Army, as are complained of by the Inhabitants of the Wapentake of Osgodcrosse, in the County of Yorke; sent and delivered to the Scots Commissioners, 21 and 27 April. 1646.

"The Names of such in Major General Vandruske's Regiment as are found faulty by Proof, whose Names or Offices are known.

"Corporal Hall, in Captain Johnson's Troop.

"Jo. Stables, Quarter-master to Captain

"Richard Owen, Quarter-master to Captain Potts.

"George Admanston.

"Wm. Wilkinson, Quarter-master to Captain Paton.

"Edward and Christopher Kettelwell.

"Captain Alexander, a Reformado.

"Nicho. Lawramy, in Lieutenant Colonel Urrrye's Troop.

"Lieutenant Shepard, a Reformado.

"James Black, in Lieutenant Colonel Urrye's Troop.

"Tho. Craven, and by a By-name Young Lord.

"Robert Wilson.

"Tho. Moore, in the Major's own Troop.

"Major Elvis's Servants.

"Garrett Armestrong, in the Major General's own Troop.

"Corporal Hansprice.

"Quarter-master Cullen.

"Quarter-master Scott.

"Corporal Sympson.

"One Alsopp, a Derbysheirman, and the Elder Brother of that Name.

"Darby Dunn.

"George Urmins.

"Richard Scarborrough,

"Charles, by a By-name called My Lord.

"John Cambell.

"Tho. Moore.

"James Reave.

"Richard Overton.

"Geo. Carrett. Carritt is a By-name.

"A tall big Man, by a By-name called My Lord.

"This List was received from Mr. Stephenson and other the Complainants of the Wapentake of Osgodcrosse, in the County of Yorke, on the 21th of April, 1646, and sent the same Day by an Express unto the Scotts Commissioners at Southwell.

"The Names following were delivered in by the English Commissioners unto the Scottish Committee, at their Meeting at Collingham, the 27th of April, 1646, as additional to the former List sent to the Scotts Commissioners the 21th of April, 1646, videlicet,

"A List of such Persons in the Scottish Army as have committed divers Misdemeanors, and are complained of by the Inhabitants within the Wapentake of Osgaderosse, in the County of Yorke.

"Lieutenant Micard, in Captain Johnson's Troop.

"Wm. Nixon.

"Wm. Plaister.

"One Holmes.

"One Cornelius.

"One Miles.

"Alexand'r Ivasor.

"Corporal Sympson, and Three with him.

"Monsieur Varamry, a Frenchman, and a Frenchwoman with him.

"Major Johnston, and Four of his Men.

"Robert Wilson, in Captain Sutton's Troop.

"Wm. Awby.

"Captain Taylor.

"Jonathan the Quarter-master.

"Richard O'Cane.

"Tho. Atkinson.

"Captain Nicholson.

"One Mathews.

"Six of Major Elvis's Servants.

Order for 50£. to Mr. Rowe.

"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Rowe shall have the Sum of Fifty Pounds bestowed upon him; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall do pay the said Fifty Pounds to him accordingly."

Ordinance to clear Mr. Soame of his Delinquency.

"Whereas Stephen Soame, of Thurlowe, in the County of Suffolke, Esquire, hath by both Houses of Parliament been admitted to his Fine of Seven Hundred Pounds, in regard of his Estate in Possession, and of his Possibility after his Father's Decease, for aiding and adhering to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said Stephen Soame, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, and of all Mean Profits, from the Day of the Payment of the said Fine, with an Exception of the Right or Estate of the said Stephen Soame, in or to all Advowsons, Presentations, and Rights of Patronage, to any Church or Chapel; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the Pardon thereon to be passed, shall not extend to free the said Stephen Soame from a farther Composition, for any other Lands, Goods, or Chattels, in his Possession, or settled on him in Reversion, than what are contained in the Particular aforesaid; and that in case the said Lands mentioned in the said Particular were of greater Yearly Value than are therein expressed during Three Years before the Year 1640, then the said Stephen Soame shall pay such further Fine for the same as both Houses of Parliament shall appoint."

Ordinance to clear Inigo Jones of his Delinquency.

"Whereas Inigo Jones, of London, Esquire, hath by both Houses of Parliament been admitted to his Fine of Five Hundred Forty-five Pounds, for that he adhered unto the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England (fn. 7) to pass a Pardon for the said Inigo Jones, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Goods and Chattels, and other Estate for which the said Fine was accepted, according to the Particular thereof made and entered with the Committee at Gouldsmiths Hall; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Inigo Jones from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that in case he hath any Lands not mentioned in the said Particular, or any other Estate, then the said Inigo Jones shall pay such Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Ordinance to clear Mr. Darwin of his Delinquency.

"Whereas William Darwin, of Cletham, in the County of Lincolne, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Two Hundred Forty-eight Pounds, for that he hath been in Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said William Darwin, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to the Particular thereof made and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits, from the Fourth Day of February, 1645, with an Exception of the Right or Estate of the said William Darwin in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said William Darwin from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said William Darwyn shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Ordinance to clear Mr. Betton of his Delinquency.

"Whereas Robert Betton the Younger, of Shrowsberry, in the County of Salopp, Gentleman, hath by both Houses of Parliament been admitted unto his Fine of Three Hundred Twenty Pounds, for that he adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said Robert Betton, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to the Particular thereof made and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits, from the 20th Day of December, 1645, with an Exception of the Right or Estate of the said Robert Betton in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Robert Betton from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Robert Betton shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Committee for Irish Affairs.

"Ordered, by the Lords and Commons assembled in Parliament, That Sir William Waller and Mr. Wallopp be, and are hereby, added to the Committee of Lords and Commons for Irish Affairs."

Ordinance to clear Mr. Dockwra, of his Delinquency.

"Whereas James Dockwra, of Fulborne, in the County of Cambridge, Esquire, hath by both Houses of Parliament been admitted to his Fine of One Hundred Pounds, for that he aided and adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do Order and Ordain, and it is hereby Ordered and Ordained, That the Estate of the said James Dockwra, according to the Particular thereof made and entered with the Committee at Gouldsmiths Hall, be freed and discharged from Sequestration, from the 18th Day of July, 1645, notwithstanding any former Ordinance: Provided, That this Ordinance shall not extend to free the said James Dockwra, his Heirs, Executors, or Administrators, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed Three Years before the Year of our Lord 1640, then the said Estate shall be lyable to such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Ordinance to clear Messrs. Warren of their Delinquency.

"Whereas Edward Warren, Humphry Warren, and Edmund Warren, of Poynton, in the County of Chester, Gentlemen, have by both Houses of Parliament been admitted unto their Fine of Six Hundred Fifty Pounds, for that they adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said Edward Warren, Humphry Warren, and Edmond Warren, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of their Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to the Particular thereof made and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits, from the 19th of December, 1645, with an Exception of the Right or Estate of the said Edward Warren, Humphry Warren, and Edmond, in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Edward, Humphry, and Edmond Warren, from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Edward, Humphry, and Edmond, shall pay such further Fines, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Papers from the Committee of both Kingdoms.

"Report of the Lord Say.

"Die Lunæ, 1 Junii, 1646.

"At the Committee of both Kingdoms at Darby House.

"Ordered, That the Paper to be sent in by the Scotts Commissioners be reported to both Houses.

"That the Paper given in by the Committee of the Eastern Association be reported to both Houses.

"Gualter Frost, Secretary to the same Committee."

Paper from the Committee for the Eastern Association, for disbanding some of their Garrisons and Forces.

"Die Sabbati, 23 Maii, 1646.

"At the Committee of Lords and Commons for the Eastern Association.

"It is Resolved, upon the Question, as the Opinion of this Committee, That the Garrison of Lynn Regis, with the Three Companies at Boston belonging to the Regiment at Lynne, be disbanded; that the several Garrisons of Cambridge, Huntingdon, and Bedford, be disbanded; that the Garrison and Forces in the Isle of Ely be disbanded.

"It is Ordered, That the Garrison of Newport Pagnell and the State thereof be represented to the Committee of both Kingdoms.

"It is Ordered, That Sir Anthony Irby and Mr. Toll do represent these several Votes to the Committee of both Kingdoms.

"Hen. Pelham."

Adjourn.

House adjourned till 10^a cras.