House of Lords Journal Volume 8: 9 January 1647

DIE Sabbati, 9 Januarii.

Domini præsentes fuerunt:

Mr. Corbett prayed.

E. Manchester, Speaker.

Hill's Ordinance to be Rector of Brabrook.

The Ordinance for the settling the Parsonage and Rectory of Brabrocke upon Mr. Thomas Hill, 1^a, 2^a lecta.

Ordered, To be sent to the House of Commons for their Concurrence.

Committee for the Army.

Ordered, That the Committee for the Army are to meet on Monday next, at Nine; and to adjourn from Time to Time after as they please; and that the Quorum is hereby appointed to be but Three.

Huc usque exam. per nos,

H. Kent.

T. Lyncolne.

Ordinance concerning Chester.

Ordered, That the Committee for the Ordinance concerning the County of Chester, shall meet on Monday Morning next, and to adjourn as they shall see Cause.

Smart's Petition, for Ogle to be released.

"The Petition of Mr. Smarte; desiring, "That his Son Ogle may be released or bailed, that he may follow his Affairs, and he may have Relief out of his Adversaries Estates."

It is Ordered, To be referred to the Earl of Warwicke, Earl of Sarum, and Lord Wharton, to consider of some Way to do Mr. Smarte Good, and report the same to this House: To meet when they please.

Report concerning the Jurisdiction of the Admiralty;

A Report was made from the Admiralty, concerning the Jurisdiction of the Admiralty.

(Here enter it.)

Agreed.

Ordered, That it be sent to the House of Commons, and to desire the hastening of the Jurisdiction of the Admiralty.

and about Capt. Reeve.

A Report from the Admiralty, for Captain Reeve. (Here enter it.)

Agreed to.

Ordered, To be sent to the House of Commons, for their Concurrence.

Letters from Ireland.

(fn. 1) Entered the Day before.

The Commissioners First Letter to Major General Monro, with his Answer thereunto, concerning Belfast, was read. (Here enter it.)

Persons to attend the King to Holdenby.

The Earl of Denbigh reported from the Committee that are to go to (fn. 2) Newcastle, to receive the Person of the King; "That they think it too great a Business for them to appoint who shall be about the King as He comes to Holdenby; and they have made a Vote, (videlicet,) That the Houses be desired to nominate such Persons as shall attend the King in His Journey from Newcastle to Holdenby."

Upon this, the House referred it to the Committee, that they, if they name any Persons for that End as they desire, and present the same to the House, their Lordships will take the same into Consideration.

These Papers next were read:

Letters between the English Commissioners in Ireland, and the Scots Commander there, &c. &c.

"3 Dec. 1646.

"The Commissioners Second Letter to Major General Monro, with his Answer thereto, 4 Dec. 1646."

(Here enter it.)

"7 Dec. 1646.

"A Paper from the Commissioners to Colonel Home, concerning Belfast. (Here enter it.)

"With his Answer thereunto, 9 Dec. 1646."

"15 Dec. 1646.

"Copy of the Commissioners Letter to the Parliament of Scotland and General Leven, concerning the Town of Belfast, &c." (Here enter it.)

Lloyd to be examined, about his Report against the E. of Pemb. & Northumb.

Ordered, That the Gentleman Usher shall bring Lloyd before this House; and that he be sworn: The Committee to meet this Afternoon; and the Earl of Warwicke, Earl of Mulgrave, and the Lord Grey, are added to the said Committee.

Col. Ayscough to be Vice Admiral of Lincoln.

The Earl of Warwicke reported a Paper from the Committee for the Admiralty and Cinque Ports, which was read; videlicet,

"Die Jovis, 7 Januarii, 1646.

"On the Motion of Mr. Holles, a Member of this Committee; Ordered, That Colonel Edward Ayschough be recommended to both Houses of Parliament, for their approving him to be Vice Admiral of the County of Lyncolne.

"Rob't Coytmor, Secretary."

Ordered, That this House approves of Colonel Edw. Ayschough (fn. 3) to be Vice Admiral of the County of Lyncolne; and the Concurrence of the House [ (fn. 3) of Commons] to be desired herein.

Papers between the English Commissioners in Ireland, and the Scots Commissioners, &c. &c. about Belfast.

The Instructions from the Commissioners to Lieutenant Colonel O Connelly, employed to the Parliament of Scotland, &c. concerning the Town of Belfast, were read.

(Here enter it.)

A Copy of a Paper of the Scotts Commissioners at London, concerning the Town of Belfast.

(Here enter it.)

An Answer to a Paper of the Scotts Commissioners at London, concerning the Town of Belfast.

(Here enter it.)

Ordered, That these Papers be communicated to the House of Commons.

Message to the H. C. about Lloyd's Examination.

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

To let them know, that Lloyd being come to Town, the Lords have appointed their Committee to examine him this Afternoon; which the Lords think fit to acquaint them with it, that so the Committee of the House of Commons may be present, if they think fit.

Instructions for the Lord Lieut. of Ireland.

The House was adjourned into a Committee during Pleasure, to take into Consideration the Instructions to be given to the Lord Viscount Lisle, to be Lieutenant of Ireland.

The House was resumed.

Instructions for the Committee going to the King.

The Earl of Denbigh reported from the Committee that is to go to Newcastle, " That they desire their Lordships further Directions in some Particulars, whereby they may be the better enabled to do the Service:

"1. In the Second Instruction, to desire that the Words may be thus expressed, ["You are, after your Arrival, as soon as you shall think convenient, to signify unto His Majesty, &c."]."

Agreed to.

"2. To put the Houses in Mind, That the House at Holdenby may be repaired, and Provision made for the King in His Journey, and when He is come to Holdenby."

Agreed to.

3. That a Coach be sent, to meet the King."

Agreed to.

The Earl of Pembrooke further reported, "That it was the Opinion of the Committee, That One Lord more be added, with a proportionable Number of the House of Commons; else they shall not be able to perform their Charge laid upon them in their Instructions."

"And the Question being put, "Whether to have another Lord to be added to this Committee that is to go to the King?"

It was Resolved in the Negative.

Indemnity for them.

Ordered, That the Committee shall meet, and bring in what they shall think fit to offer to the House concerning their Indemnity.

Lloyd sworn.

This Day Thomas Lloyd was brought to the Bar, and sworn; being to be examined this Afternoon by the Committee concerning the Earl of Northumb. and Earl Pembrooke' Business.

E. of Midd. to have the forest of Kingswood.

Ordered, That the Earl of Midd. have the Com mand of the Forest of Kingswood, near Bristoll, which the Earl of Arrundell enjoyed during his Life.

Charge against the Earls of Northumb. & Pemb.

Ordered, That the Lord Willoughby be added to the Committee concerning the Earls of Northumb. and of Pembrooke.

Ordinance concerning the Army.

Ordered, That the Lord Hunsdon and Lord Maynard be added to the Committee for the Ordinance concerning the Army; and the Quorum to be any Five.

Message to the H C. about the Instructions for the Committee going to the King.

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

To communicate to them the Paper containing the Alterations in the Instructions to the Committee that are to go to receive the Person of the King, and the Desires of that Committee; and to desire Concurrence therein.

2d Letter from the English Commissioners in Ireland, to General Munro, about Quartering the English Forces in Belfast.

"2. Honourable Sir,

"Yours of the First of December we received Yesterday; and do assure you, That, as it is our earnest Desire, it shall be our Endeavour, to continue mutual Love and Friendship betwixt all the Forces intended against the common Enemy; so we are confident the seuding us and the Forces hither by the Parliament of England is intended for the Advantage, and not the Prejudice, either of the Army or Country; and we know of nothing so likely to deprive both of the Fruits of the Parliament's good Intentions therein, as the Soldiers not being provided of Shelter (which is all that we proposed in our Letter), they being come to adventure their Lives for the Preservation of these Parts, and advancing the Cause wherein we are mutually engaged against the common Enemy. And we offer to your Consideration, how unsatisfactory it may be to the Parliament, if the Forces which they have sent hither for those Ends should perish with Cold, for Want of Harbour in any Town or Parts they have directed them unto, being kept from the same by any serving the Parliament in the same Cause, whom they concluded to be under your Command, and who may be so considered as not to be in the least Sort prejudiced by Observance of their Directions.

"Sir, We cannot doubt but you will approve yourself an useful Instrument to the Public; and that, in particular Manifestation thereof, you will so apply your Advice and Endeavours for accommodating the Forces directed hither, that the End of our Errand for the Public Service may not be disappointed, nor the good Understanding and mutual Friendship betwixt the Kingdoms and their Forces any Ways obstructed; in Confidence whereof, we remain.

"Your affectionate Friends and Servants,

Belfast, 3 Dec. 1646.

"Rob't Mer'dith. Ros. Kinge.
Jo. Clotworthy.

"Directed,

"For the Honourable Major General Monro, at Carrickfargus. These."

General Munro's Answer.

"Honnorable Sirs,

I answered yours of the First of December that Afternoone I received it; and, if my Health had served me, I had bin the Bearer myselfe, to testify my Respects unto you, in giveing my best Advise, for the Accomodation of the Souldates, &c. whome my Heart doth pitty. This Day I was not able to travell abroad, being under Phisick, for which I intrease your Pardon till it please God to ease me and blesse me with better Health; and then (God willing) I shall not faile to waite upon you, to doe you all the Service I can. What I have declared already touchinge Belfast, I protest to God I cannott vary from it without an expresse Commaund from the Earle of Leven, Generall to the Scotts Army in Ireland; for it being contrary to the Treaty that wee should mix in Quartering (if any Inconvenience should happen thereby, as the Lord forbidd) the Generall would call me to an Accompt for the same, as be may doe, if I should consent to the giveing upp of our Garrisons without his Knowledge. Therefore I humbly intreate you to rest sattisfyed, and not to presse me beyond my Power. And I doe thinke you may conveniently accomodate the Souldiers, with such Shelter as the poore Country can afford, amongest the Brittish Regiments, by your owne Authority, without Dispute or Controversy to ensue; which will not faile to burst out if you should quarter them mixt with the Scottish Regiments, who understands the Treaty soe well, as they will not part with their Quarters willingly. And as you are Gentlemen intrusted with Commission from the Parliament of England, I am very hopefull and confident you will desire nothing of us wee cannott safely part with, without indangering of our Trust, dearer to us then our Lives. Soe leaving to bee tedious, recomending you and your weighty Affaires to the Protection of the Almighty, I humbly take Leave, and remaine as becometh

"Your affectionate Freind and humble Servaunt,

Carricksargus, 4th of December, 1646.

"Rob. Monro.

"Directed,

"For the Honnorable the Commissioners for the Parliament of England residing at Belfast.

"Vera Copia, examinat.

"Will'm Rowe, Secretary."

Letter from the English Commissioners to Col. Home, Governor of Belfast, about admitting the English Forces there.

"3. At Belfast, 7th December, 1646.

"We, the Commissioners sent from the Parliament of England (according to our Commission, of the 16th of October, 1646), being commanded to direct the Forces (now sent thence) to Belfast, and having upon our Arrival acquainted Major General Monro with their being come to quarter in this Place accordingly (that so the Parliament might receive Satisfaction, and their Forces convenient Shelter and Accommodation necessary for the Preservation of their Lives in this Winter Season), and finding the Answer returned to us in his Letter unsatisfactory, withall importing that his Command over you in this Place could not reach so far as to put you from the same; we do, therefore, by this, desire to know from you, by whose Authority you have garrisoned this Town; and that we may see what Order you have for keeping the same, and know your positive Resolution, whether or no you will allow the Forces directed hither by the Parliament, and now landed, to be garrisoned in the Town of Belfast, according to the Directions of the Parliament of England: To which we desire your present Answer in Writing signed by you.

"Rob't Meredith. Rob. King. Jo. Clotworthy.

"For the Honourable Colonel Home."

Col. Home's Answer.

"Right Honnorable,

"May it please you, in Answere to the Parliament's Desire presented by your Secretary to me, That I should guarrison their Forces (now arrived in Ulster) in Belfast; I humbly crave your Patience, being but a Servaunt to the Publique, sent hither by Commission from His Majesty and Commissioners of both Kingdomes; soe, being intrusted with the keeping of the Place, I cannott take upon me to guarrison any Forces therein untill I acquaint the State of Scotland, the which I shall doe with all possible Dilligence.

Belfast, this 9th of Dec. 1646.

"Rob. Home.

"For the Right Honnorable the Commissioners from the Parliament of England.

"Vera Copia,

"Will'm Rowe, Secretary."

Letter from the English Commissioners in Ireland, to the Parliament of Scotland and the E. of Leven, desiring the Delivery of Belfast by their Forces to the English.

"4. 15 Decembris, 1646.

"May it please your Lordships,

"Though we are assured your Lordships are busied with many weighty and important Affairs; yet such is the Exigent of a Matter (as we conceive) of no small Consequence (in order to the Public Service in which we are employed into this Kingdom by the Parliament of England) that now we are at this Time necessitated to make this Address to your Lordships concerning the same, having communicated our Errand to the Persons we conceived principally concerned upon the Place; (to wit,) Major General Monro and Colonel Home, without the wished Effect which we expected in that Affair, as by the inclosed may appear.

"And though we are confident your Lordships are fully possessed of all the Passages concerning the several Orders and Letters of the Parliament of England for Delivery of this Town of Belfast to such as the Parliament should appoint, yet we humbly crave your Lordships Patience so far as to hear a Recital thereof.

"The Lords and Commons assembled in the Parliament of England made an Ordinance, of the 23th of November, 1645, desiring their Commissioners residing in Ulster to require from the Officers that kept Belfast the Delivery thereof to such as should be appointed by the Parliament, or their Committee, to receive the same.

"Pursuant to this (left there should be any Failure upon the former Order), both Houses of the Parliament of England writ their Letters to the Parliament of Scotland, that their Directions and Orders might be sent to the Officers commanding in Ireland, that the Town of Belfast (whereupon so much of the good Conduct of that Affair depended) might be delivered, according to the former Order of the Parliament of England, by the 11th of January following, or thereabouts, for the Accommodation of that Service.

"To the said Order of the 13th of November, 1645, Colonel Home, that commands in Belfast, in the Name of himself and the rest of those Officers, makes Answer, on the 26th December, 1645, craving Patience until such Time as they acquaint the State of Scotland therewith. His Second and last Answer, of the 17th of February following, mentions, that the Commissioners of Scotland at London had received so satisfactory an Answer to be given to the Parliament, that they doubt not will give them all Content, and, until he hears from thence, desires to be excused.

"To the Letter sent from the Parliament of England, the 29th of November, 1645, to the Parliament of Scotland, there was an Answer, signed by the Earl of Crafurde Lindsey, President of Parliament, and directed to the Speakers of both Houses of the Parliament of England, bearing Date the 8th of January, 1646 (Stylo Scotiæ), to this Purpose; (videlicet,) "That they might return a Reply and full Answer immediately to the Parliament of England, they had dispatched an Express to Ireland; to know from them that commanded the Scotts Army the Ground whereupon that Town was first inserted, and since fortified and kept by them; and so rests confident, that, when the Houses considers the Season of the Year, and uncertain Passage betwixt Scotland and Ireland, they will not mistake the Delay of their Answer, which they will labour to haste to the Parliament of England with all Diligence."

"These Two Answers of Colonel Home's to the Order of the 13th of November, and this Answer to the Letter of the 29th of November, 1645, being all that the Parliament had received, before our coming from London, in Satisfaction of theirs so long since sent; the Committee of both Houses intrusted for the managing of the Affairs of Ireland (conceiving it doth highly import the Safety of the Kingdom to secure these Parts by an Access of Forces sent from England to preserve their Interest here, being incited also thereunto through the Occasion of that unhappy Defeat given our Forces near Benburbe, and the rather because the Irish were grown much more numerous, to the endangering of this Province, and consequently the whole Kingdom) have directed us hither, together with a considerable Strength both of Horse and Foot, and ordered our garrisoning of this Town of Belfast with the Forces now landed on this Shore.

"But, much contrary to what we had Cause to believe, and to the great Prejudice of our suffering Soldiers, we find our Expectation utterly disappointed, as the Answers to several Letters here inclosed do import; nor can we apprehend any less Inconvenience will follow this Refusal (if not speedily remedied by your Lordships express Orders) but the inevitable Destruction of these Men; most of them being now exposed to such Hardships, and languishing through the Extremity of Cold, as your Lordships would not wish more to the worst of Enemies.

"We have therefore now, by the Bearer, Lieutenant Colonel O Connelly, dispatched this Express to your Lordships, that from your Lordships Hands the Inconveniencies now lying on, through the Want of Power in those here (as they alledge), may be removed, and such speedy Remedy applied (for obviating this instant Mischief), by Delivery of this Town of Belfast, as may give Satisfaction to those that sent us, be a Means of strengthening a mutual Confidence betwixt the Two Kingdoms, an Encouragement for the Parliament of England to proceed in a vigorous Prosecution of the War by sending future Supplies, and a Preservation to those Men sent hither to a much more steadable Advantage than they are like (if continued but a few Days longer in this Condition) to be useful in.

"And though we rest confident, if there were no more in the Case but the accommodating of these Men in the Quarters they are directed unto by the Parliament of England, your Lordships Orders would be speedily procured for the same; yet we hold it our Part, as a Consideration of some Justice, to offer unto your Lordships, that this Town was fortified, garrisoned, and maintained, from the Beginning of the War, by the Brittish Forces, without any of the Scottish Army (so much as quartered in it), until Seven Months after the Landing of that Army in this Kingdom, which was more than Twelve Months after the Rebellion broke forth; which may sufficiently refel an Assertion much insisted on (as we understand) by some in no remote Relation to your Lordships Affairs, alledging that Part of the Scottish Forces were quartered in Belfast from the Time of their First Landing, which, we are confident, will be found much otherwise; Part of Colonel Campbell's Regiment (which were the First that sheltered in Belfast) coming not thither until November, 1642, as is well known to his Excellency the Earl of Leven, who hath been several Times in the Town after it was fortified by the Brittish, and before these Men, or any other of the Scottish Army, were admitted into it.

"And though we take not upon us to excuse or extenuate any of the Miscarriages of Colonel Chichester; yet, as any Thing is suggested to fortify the Reasons of detaining the Town (so properly and intirely belonging [ (fn. 4) to the] Disposal of the Parliament of England), we conceive it our Parts to endeavour the rectifying of any Mistake in that Kind; and rest assured, that, whatever Consequence is drawn from the Report of Colonel Chichester agreeing to the Cessation with the Irish Rebels contrary to the Declaration of the Parliament of England, is so fully known to be ill-grounded, that nothing is more manifest than that his Regiment was One of those that were before Charliamont when the News of the Cessation came to that Army; that they continued with the longest at that Time in the Field; and that he sent on all Occasions, after that Time, Part of his Regiment with the other Forces when they went abroad, partaking also in the Dividend of the Cattle gotten from the Rebels, as others did that attended that Service; and all this was constantly done after the Cessation, and until the Town was possessed by Major General Monro, Colonel Chichester being then only permitted to stay in the Castle with One Hundred of his Regiment, and the rest of them at that Time designed to quarter in the Parts near the Town: And truly, though Colonel Chichester had submitted to the Cessation contrary to the Directions of Parliament, yet why he should be therefore conceived as One that is in the Condition of an Irish Rebel, and so to bring the Place taken from within Compass of the Tenth Article of the Treaty of the 6th of August, 1642, we understand not; and certainly his Fault, at the Time of taking this Town from him, was not apprehended so heinous as some do since call it, or the Indulgence great which was used towards him, in permitting him to abide in the Castle with One Hundred of his Men, in quartering the rest of his Regiment near Belfast, and suffering him to dispose of his Stock without Contradiction; and (when he would remove) in allowing him to depart hence to Dublin avowedly (when he made no such Condition for himself, but was at the Pleasure of those that had both him and the Town in their Possession). We cannot but observe that this Gentleness was more by many Degrees than is usually afforded to Rebels; or otherwise that his Offence at that Time was not such as to be a sufficient Ground (or Colour) for taking, much less for keeping the Town, and making such Conclusions as are now from thence.

"If we found not these Arguments used by some public Persons (who may possibly enforce them to a much further Scope than we conceive they can bear), we had not troubled your Lordships with this Discourse; all we propounded to ourselves herein being only to evince the Invalidity of such Arguments as may seem (fn. 5) to pretend Title to the keeping of this Place on those Grounds which we conceive have no Colour of Reason to bring the same within the Treaty.

"Having thus been drawn out to much more Length than we intended, your Lordships Pardon is humbly craved; and we do most earnestly desire that your Lordships will be pleased to answer the same with a speedy and an express Order for our having this Place delivered to us, for receiving our distressed People; that they perish not through Want of what is but reasonably expected, and positively given in Charge to the Colonels commanding these Forces, as also to

Belfast, the 15th of December, 1646.

"Your Lordships Most humble Servants,

"Rob't Meredith.
"Rob. Kinge.
"Jo. Clotworthy.

"Postscript. If your Lordships rest unsatisfied concerning any Particulars in this Business, Lieutenant Colonel O Connelly hath such Instructions from us therein, as we hope may give your Lordships full Satisfaction.

"Directed,

"For the Right Honourable the Lords, Barons, and Burgesses, assembled in the Parliament of Scotland, or, in the Interval of Parliament, for the Right Honourable the Committee of Estates of Scotland at Edinburgh.

"Present these."

"The like Letter (mutatis mutandis) was sent by Lieutenant Colonel O Connelly, from the Commissioners above written, to his Excellency the Earl of Leven, Lord General of the Scotts Armies, dated the same Day above written.

"Vera Copia, ex'r.

"Will'm Rowe, Secretary."

"5. Instructions for Lieutenant Colonel Owen O Connelly, employed to the Parliament of Scotland by the Commissioners of the Parliament of England, for the Affairs of Ireland.

Instructions for Col. O Connelly, going to Scotland about this Business.

"1. You are to repair to Edinburgh, and to make your Application to the Parliament of Scotland, or such Committees as they have deputed for the Dispatch of Businesses during the Time of Prorogation, and present them with your Letters. You are humbly to desire their Dispatch of you, because the Lives of so many Men as are now come into these Parts are concerned in the speedy Resolving thereof.

"2. You are to lay before them the Danger of other Inconveniencies which may arise, through the Want of Receipt for the Men in the Town of Belfast, whither they are directed by the Parliament of England; which Inconveniencies the Commissioners do by all Means labour to prevent, though to the perishing of many of the poor Men, who, in this Condition of Sufferings, through an unexpected Disappointment, are apt enough to enterprize any Thing rather than to be manifestly exposed to perishing through Cold.

"3. If it be objected, that your Soldiers now in Belfast will be exposed to Starving, through the Want of the Means and Subsistence they get from the Quarters wherein they are, until they be better provided for by the Parliament of England; you are to answer, That the Commissioners will be so tender of their Preservation, that they shall not be Sufferers in the least Degree as to their Maintenance, by yielding to what is directed by the Parliament of England; for manifesting thereof, the Commissioners will give them Six Months Means in their Hands, according to what is now gotten from their Quarters; and if, before that Time be expired, there be not a better Way found out for their Subsistence, they will then take Care that the like Provision shall be given for Six Months longer, and so during their Stay; or otherwise that they shall receive the same Benefit of the Quarters which formerly they had.

"4. If the Want of Shelter for the Scotts Forces here be objected; you may answer, When the Army were Ten Regiments, neither these nor any Part of the Scottish Army had Quarter or Shelter in this Town, and now they are much fewer both in Regiments and Numbers; and the Quarters which formerly they had being much better, it is to be hoped, for satisfying the Parliament of England, for accommodating of so good Friends, and preserving the Lives of their Brethren, that they will comply in this just and necessary Act.

"5. You may further press, that Colonel Home's Regiment now garrisoned here were Part of the Two Thousand Five Hundred Men first sent over, who had Quarters particularly designed for them in Carrickfargus.

"6. You are to give Assurance of all free Intercourse through the Quarter on all Occasions, either for their Army or Artillery.

"7. If it be objected, that this Business hath been in Agitation at London, and that the Commissioners for Scotland there were instructed to give a satisfactory Answer to the Parliament for their Keeping or Detention of this Town, and the Grounds of their possessing it at first, by taking it from Colonel Chichester; you are to answer, That the Commissioners here came from London before any such Paper was communicated to the Parliament of England; but that there is a Copy of a Paper sent to them (which they have delivered to you), but was not at the Time of their receiving of it communicated to the Parliament, and whether it be yet made known unto them is uncertain: But, for satisfying themselves in whatsoever might carry any Colour of Reason why this Town (so properly belonging to the Parliament's Dispose) should be thus detained from them (to the manifest Ruin of their Men and Prejudice of the Service), they have informed themselves of the Particulars mentioned in the Paper, which the Testimony of several Persons (who were Eye-witnesses of the Carriage of that Business) do fully evidence; and this Answer you may communicate, either in Whole or in Part, to the Marquis of Argill, the Lord Warriston, or such other Persons of Honour as you conceive may be ready to receive just Satisfaction therefrom, and be thereby made useful for the facilitating of your Business.

"You have this Paper last-mentioned, with the Answer to it.

"You have particular Letters to the Marquis of Argill and Lord Warriston.

"You have the Copy of the Letter written to the Parliament of Scotland and the Earl of Leven.

"You have the Copies of the several Letters to Major General Monro and Colonel Home, with their Answers; all which you are to make Use of, together with all just Arguments as you conceive may conduce to the effecting of this Business; which if denied, may prove a Mischief to us all, which we hope God will prevent.

"You are so to order your Business, that your Stay there be not above Six Days, lest the Men do all of them perish before your Return, or such Mischief arise through their so much Suffering as may produce Effects of very ill Consequence to both Armies.

"Signed,

"Rob. Meredith. Rob. Kinge.

"Jo. Clotworthy.

Belfast, the 15 Decembris, 1646.

Vera Copia.

"Will'm Rowe, Secretary."

Paper from the Scots Commissioners, about the Delivery of Belfast to the English Forces.

"6. According to the Direction of the Committee of Estates of the Kingdome of Scotland, wee doe retourne this Answere followinge, to the Desire of the Honnorable Houses of Parliament, concerning the Surrender of Belfast.

"1. That Colonell Arthur Chichester, contrary to the Declaration of both Houses, 1 Novembr. 1643, did agree to the Cessation made with the Irish.

"2. That, upon his Agreement to the Cessation, 3000£. Sterling was promised to him out of the Cessation of Money, whereof he received 500£. Sterling.

"3. That he kept constant Correspondence with the Lord of Ormond, by Letters and other Wayes, after the Cessation.

"4. That he conveyed Adjutant Stewart and Colonell Seaton, then come from the King's Army in England, from Belfast to Dublin, there to negotiate with the Rebells.

"5. That, upon Orders from the Lord of Ormond, he caused proclaime all those that joyned with the Covenant Traytors and Rebells, and administred an Oath to his Regiment and Inhabitants for opposeing the Covenant.

"6. That he cashiered all such as had taken the Covenant, or refused to take the Oath against it.

"7. That, from the Tyme of the First Landing of the Scottish Army in Ireland, there was alwayes a Part of the Scottish Forces quartered in Belfast, untill the 17th of March, 1643, that Colonell Campbell's Regiment went into Scotland; and the said Towne was only a Place for Quarters, and not fortifyed, till (after the Removall of the Scottish Forces) Colonell Chichester brought his Regiment and Troopes, which was quartered in the County, into the Towne, and, by Order from the Earle of Ormond, fortifyed the same, planted Canon in the Works, and did begin to cutt of the High Way that enters Carrickfargus Port; whereupon Major Generall Monro, being advertised, on the 12th of May, 1644, that the Lord of Ormond and Councell in Dublin had resolved to convey 1500 Men into Belfast, for the further strengthening of that Guarrison, did, upon the 14th of May, in the Morning, surprise the Forces under the Commaund of Colonell Chichester, and possessed himselfe of the Towne of Belfast before they could bee in Readines to make Opposition; whereupon the said Colonell went to Dublin, and his Forces to the Rebells; and the Lord of Ormond and Councell there, findinge themselves disappointed in their Designe, wrote a Letter to Major Generall Monro, within Three Dayes after the Towne was taken, requireinge him to restore to Colonell Chichester the said Towne of Belfast, with all the Ordnance, Armes, Ammunition, &c. as may appeare by the said Letter herewith presented.

"Now, forasmuch as the said Colonell Chichester and his Regiment had agreed to the Cessation, and joyned with the Rebells in their Councells and Actions, and soe continued in avowed Opposition and open Rebellion against the Parliament of England for the Space of Six Moneths after the Declaration of the Honnorable Houses; the Comaunder in Cheife of the Scottish Army was obliged, by his Comission and Instructions, to indeavor the reduceing of that Guarrison; and haveinge recovered the same out of the Hands of the Rebells, the said Towne or Garrison of Belfast ought to bee at the disposeinge of the Comaunders thereof, dureinge their Aboad for that Service in those Parts, where such Townes and Places are, according to the Tenth Article of the Treaty betweene the Kingdomes, of the Sixt of August, 1642, especially since it is soe necessary for quarteringe of the Scottish Forces there, who otherwise are not able to subsist, noe Care beinge taken for their Entertainment.

"And as the said Garrison, since it was in the Power of the Scottish Army, hath alwayes beene patent to any haveing Authority from the Honnorable Houses, for Magazins and other Uses, soe shall it still bee for the future upon all Occasions.

"Vera Copia, exam'r.

"Will'm Rowe, Secretary."

Answer of the English Commissioners in Ireland to it.

"7. An Answer to a Paper intituled, "According to the Direction of the Committee of Estates of the Kingdome of Scotland, wee doe retourne this Answere following to the Desire of the Honnorable Houses of Parliament concerning the Surrender of Belfast."

"To the First Branch or Article thereof, it is answered, That the Time when the Cessation with the Irish was concluded, the Scottish Army lay before Charliamont; and, upon Notice given out of the Castle that the Cessation was concluded, Major General Monro did raise his Siege, and retired with his Army: There were with him then in the Field several Regiments of the Brittish Army, and amongst the rest Colonel Chichester's Regiment, where he was also himself in Person. The said Colonel Chichester staid with his Regiment some Weeks in the Field, after the Retreat of the Scottish Army; but the greatest Part of their Body being withdrawn in the Retirement of the Scottish Forces there, who staid abroad some Time, and would have continued longer, but found it not safe (being so weak) to expose themseives to the Attempts of the Enemy; and, after wasting so much of the Rebels Corn as they could, they returned to their Quarters, as the Scotts Army had done before them; and if this be agreeing to the Cessation, others were as guilty of it as that Regiment.

"To the Second; there was no such Agreement to the Cessation heard of, nor any such Promise of Three Thousand Pounds, nor any Sum of Money paid upon such Consideration: But one Lieutenant Colonel Mathewes (having Command both of Horse and Foot in Ulster), about Five or Six Months after the Cessation began, being in Dublin, and remonstrating the miserable State of several Regiments about the Quarters where he lay, did procure about Two Hundred and Fifty Pounds only for their Relief, a Third Part whereof was given to the Regiment of the Lord Conway, another Third to Colonel Hill's Regiment of Horse, and the other Third Part to Colonel Chich'ster's Regiment of Foot; which, upon Examination, we find was all the Cessation-money sent into these Parts.

"To the Third; at and about that Time, many of the Colonels of the Brittish Army repaired to Dublin, to the Earl of Ormond, the Intercourse betwixt Dublin and all the Parts of Ulster being very familiar, which was the universal Fault amongst them; yet neither such as went thither, nor those that sent, were ever questioned, much less charged as Rebels for so doing, except in this Particular only of Colonel Chichester: But whatsoever his Correspondency was, it is notoriously known, that, after the Cessation, Colonel Chichester did join on all Occasions in sending forth Parties against the Rebels, in destroying their Corn, and taking their Cattle, whereof he shared as any other Colonel did, according to the Numbers of Men he sent abroad with them.

"To the Fourth; upon Examination, we find that Adjutant Steuart and Colonel Seaton were suffered to pass through Colonel Chichester's Garrison, as they also did through the Scottish Quarters and other Garrisons, without Interruption or Question, (fn. 6) of Intercourse betwixt Dublin and these Parts being then too open and frequent.

"To the Fifth; there was a Proclamation issued at Dublin against the Covenant, wherein all the Subjects of this Kingdom were commanded not to take it; several of which Proclamations were sent to the Colonels of the Regiments of the Brittish Army, and they were strictly required by the Marquis of Ormond to proclaim the same. After the said Colonel Chichester had forborne the publishing the said Proclamation for several Months (though both threatened and persuaded thereunto), his Lieutenant Colonel, who had sometimes Dependence on the Marquis of Ormond, caused the same to be published: But there was never any Oath administered, either to his Regiment or to the Inhabitants, for opposing of the same; nor was any such Thing heard of in these Parts.

"To the Sixth; though divers of his Regiment had formerly taken the Covenant, he never cashiered any for so doing; nor was there any such Oath proposed (as is answered in the former Article), for the refusing whereof any could possibly suffer: Neither did any quit the Regiment upon the publishing that Proclamation, save one Lieutenant Mac Adam, who took Occasion thereupon to repair into Scotland, though he was earnestly desired by Colonel Chichester, to stay, and was promised all Encouragements for so doing.

"To the Seventh, the First Landing of the Scottish Army in Ireland was in April, 1642, and Part of Colonel Campbell's Regiment, who were the First Scottish Regiment that quartered in Belfast, came not there until November following (being Seven Months), so that it plainly appears no Part of the Scottish Forces quartered in Belfast for Seven Months after the First Landing of the Scottish Army in Ireland And it is no less evident that the said Town was not a Place for Quarters only, but fortified, garrisoned, and maintained, by the Brittish, before there was any Part of the Scottish Army in this Kingdom, and so continued for Seven Months after the Landing of that Army, before any of them had Quarter in it, which also they received only by Permission, upon Promise they should depart the Garrisons, and find other Quarters, at the Spring And as Colonel Chichester's were in the Town before any of the Scottish Forces came into it, so were they never quar tered without the Town before Colonel Campbell's going for Scotland, whose Men while they were in the Town did help to strengthen and fortify the same, and, after their Removal, Colonel Chichester proceeded in mending the Works, and planting Cannon there, and possibly by Orders from the Earl of Ormond, but at that Time Colonel Chichester was as forward against the Rebels (for aught appearing) as any others in Service against them, several Irish taken in Arms having not long before been condemned and executed by his Orders As for Major General Monroe's being advertised on the 12th of May, that the Lord of Ormond and Council intended to convey One Thousand Five Hundred Men into Belfast, it is likely he might have such Intelligence, but it is well known, the Earl of Ormond was then no Ways able to spare One Thousand Five Hundred Men from the Garrison under his Command And what Apprehensions or Suggestions soever moved Major General Monro to surprize and take the Town from Colonel Chichester, as from an Enemy and Rebel, yet, after he was possessed of the Town, Colonel Chichester was permitted to abide in the Castle with One Hundred of his Men, the rest of his Regiment being allowed to quarter near Belfast (though not in it), and was also suffered to enjoy the Benefit of his Estate, and to dispose of his Stock, without Contradiction, which was such Indulgence as is not usually offered to Enemies and Rebels, and if he were such, why was not he called to a Council of War at the Time, or secured and sent a Prisoner to the Parliament of England, but suffered to depart thence to Dublin avowedly And however Colonel Chichester and his Forces, being thrust out of their Interest and Accommodation as aforesaid, did go to Dublin, and in any subsequent Acts concurred with the King's Faction, that were in avowed Opposition and open Rebels against the Parliament, yet it ought to be considered that the Town was first wrested from them, and possessed by the Scottish Forces, before his going to Dublin, and there joining with the King's Party against the Parliament, and certainly, as no precedent Act of his (though with all the Aggravations alledged) can, either by any Declaration of Parliament, or the Treaty, or any Way else, render him in the same Condition with an Irish Rebel, so neither was the Commander in Chief of the Scottish Army obliged, by his Commission or Instructions, to endeavour the reducing of that Garrison out of his Hands, as out of the Hands of the Irish Rebels, who alone are to be understood as Rebels by the Treaty And therefore, the said Town and Garrison not being taken from the Irish Rebels, there is no Ground from the Tenth Article of the Treaty why it should be at the disposing of the Commander in Chief of the Scottish Army And admit it were granted that there might be Reason then in Prudence to secure the Place, yet will it not follow that the Parliament should therefore be debarred from enjoying and disposing of the same And seeing the Commanders of the Scottish Army are by the said Tenth Article of the Treaty to be answerable for their whole Deportment to the Two Houses of the Parliament of England, they ought therefore (according to then Commands) to deliver the said Town of Belfast to such as from them are directed thither, especially since it is so necessary for the Quartering of the Forces lately sent from England, who otherwise are likely to perish, no convenient Place being patent for their Accommodation elsewhere in these Parts.

Belfast, 15 Decembris 1646

"Sic subscribitur,

"By Command of the Commissioners from the Parliament of England,

"Will'm Rowe, Secretary"

Letter from the English Commissioners in Ireland, giving an Account of then Proceedings since their being there, and recommending Major Ormsby

"May it please your Lordships,

"We rest assured that, ere this, Sir Thomas Wharton and Major Salwey will have fully acquainted your Lordships with all our Proceedings at Dublin, and in what Posture they left us the 29th of November last under the Head of Hoath, and we had not thus long deferred to give your Lordships an Account of the Condition of our Affairs here, but that the continued Storms for several Days after our Arrival, and the Succession of cross Winds since, prevented our Desires therein

Having, through God's Mercy, passed the Danger of a very great Storm, that assailed us in the Dark of the Night the 29th of November, we arrived in the Harbour of Dunochadee the 30th, and landed that Afternoon at Groomesport, our Fleet being scattered with the Storm, and divers Ships missing

"The next Day we gave Order for landing our Men that were aboard such Vessels as came in with us, and for their Quartering at Bangor and Dunochadee for the present, ourselves hastening to Belfast, to take Care for their Reception and Accommodation in that Place, to which your Lordships had directed them

But, to our great Trouble and Disappointment, their Entrance into this Place was denied, and their coming to garrison or quarter there is still refused to be yielded unto, by Major General Monro, and Colonel Home the Commander of the Scottish Garrison here, as will more fully appear to your Lordships by their Answers to our Demands and Desires in Writing made in that Behalf, Copies whereof are herewith transmitted to your Lordships.

"And finding the One to insist upon an Order from the Committee of both Kingdoms or General Leven, and the other upon Directions from the State of Scotland, for delivering to us this Town, although so properly and and entirely belonging to the Disposal of the Parliament of England, and for that (at the present) there seemed to us no visible Means to preserve our Soldiers from perishing or starving through Cold (besides many other Inconvenierces that might arise) without having this Town in our Possession, we conceived ourselves in Duty, as by Necessity obliged, to leave no Means in our Power unessayed for a due obtaining of the same, and did therefore make our Addresses in that Behalf to the Parliament of Scotland and the Earl of Lever, in such Manner as your Lordships will understand by the Duplicates thereof herewith sent to your Lordships And, if it may seem expedient to your Lordships, we humbly propose that our Desires therein made may be countenanced and seconded by your Lord ships Mediation and effectual Prosecution of the same, in regard this Place doth so highly (as we conceive) import your Interest and the Advantage of this Service

"All the Ships which were to transport the Sol diers and Provisions from Dublin are now arrived here, except Captain Cater's, which, carrying about Four Hundred of Colonel More's Regiment, and Fifty Bairels of our Powder, suffered Shipwreck near Beu morris, but all the Mens Lives were saved, though the Powder was so spoiled (as we are informed) that it will not be useful until it be helped by a Powdermaker, for which Purpose we have written to Mr Wally, at Chester When those Men were got to Land, most of them ran away or fell sick, so that of the Four Hundred but Seventy Soldiers and Fourteen Officers are come hither, with whom also Three Troops of Colonel Coote's Horse and Captain Hunt's Troop landed, the Fourteenth of this Instant, One Hundred of which coming to this Town, in Ex pectation only of refreshing their Horses for some few Hours, were stopped at the Ports, and denied Admittance, though Engagement was offered they should depart the Town within Two Hours

"The Number of Colonel More's Regiment now Ended here (upon Muster) appears to be Four Hun dred and Forty eight, and Colonel Fenwick's Six Hundred and Sixty four, besides Officers, and the Three Companies of the Lord Foliott's Regiment were Two Hundred Thirty two before they marched for Londonderry, where we do not yet hear of their being arrived Captain Hunt's Troop is Sixty good Horse, besides Officers, and Colonel Coote's Three Troops (who are not mustered till Tomorrow) are computed above Two Hundred, all which we have been forced to maintain, from their First Landing hitherto, upon the Money we brought with us, there being nothing to be had otherwise in the Parts where they Ive, the Country is so extremely poor

"By which Means we must freely declare to your Lordships, that the greatest Part of that little Money we had with us is already spent, and the consuming of the rest in a short Time will be unavoidable, if these Forces be not speedily placed in some settled Quarters not so remote from the Magazines, that so Provisons may be issued and apportioned to them for then Maintenance, which we have used our utmost Endeavours to effect, having for that Purpose made a Personal Application to Major General Monro at Carrickforgus, who in Conclusion declared a Willingness on his Part that we might have Lecale for the Quartering of our Men, and promised his Endeavours to get Strangford (where there is a Scottish Garrison for present) to be assigned also to our Forces We have senttle Colonels to view the Place, which we doubt is ill provided both for Shelter and Fuel (the Rebels having not long since destroyed those Parts), but the later of those Defects we hope to supply with some Quantities of Coals that (we hear) are aboard the Ships now in this Road

"The many Difficulties we meet with in the dis posing and accommodating of these Forces moves us to offer to your Lordships Consideration, whether you will think fit as yet to send any more Forces hither, where, we assure your Lordships, nothing is to be had for them this Winter time, but what must come out of England, and for these that are here already, we intreat your Lordships that re newed Supplies of Money and Provisions may be timely provided and sent to them, otherwise they must perish

"This Bearer, Major Ormesby, who hath deserved very well by many gallant Services and great Suf ferings for the Parliament's Cause, hath desired to recommend him to your Lordships, which we take Boldness to do, as a Respect due to One of his Merit He is an understanding Gentleman, and able to give your Lordships a particular Account, as well of the present Condition of the Province of Connaght, as of the State of Things in this Province Solve take Leave, and remain

"Your Lordships

Belfast 21th of Dec 1646

"Mos humble Servants,

"Rob Meredith Rob King John Clothworthy

"Since the Writing hereof, an Access of more Scottish Sol diers, to the Number of about Two Hundred, are come in to the Town, to strengthen the Garrison, and Two Hundred more are expected

"For your Lordships"

Another Letter from them, concerning a Meeting they had had with some Scots Officers

"May it please your Lordships,

"Holding it our Duty to acquaint your Lordships with what passeth here relating to your Affairs, we humbly address this to your Lordships, to present unto you, That, since our last Dispatch of he 21th of this Month (which is still kept by cross Wines from passing into England), several Commanders of the Scottish Army here, (videlicet,) Colonel Honc, Colonel John Hamilton, Lieu enant Colonel Curinham, and Major Dyell, came to us, the 23th of this Present in the Afternoon, as sent from Major General Monro and the Officers of that Army (who have been in a Consultation these several Days at Carrichfargus), and propounded to us some Particulars, which, they said, they were directed unto from Major General Monro and the rest of the said Officers

"First, That, whereas we had brought over some Soldiers into this Country, we would take Care so to govern the Matter, that they might not be prejudiced in their Quarters, and that there might be no Intermixture of Quarters

"Secondly, That, we being now come hi her, they presumed we would not come without Money for them of the Scottish Army, which the Officers did expect, having long waited for Relief from the Par liament

"Thirdly, That, whereas by the Treaty Ten Troops were appointed to attend the Scottish Army, they understood there were Orders for Regimenting some of them, whereby they conceived their Relation to that Army would be lessened, therefore desired to know what we intend to do therein

"Fourthly, They desired to know, whether we had Power to treat with them for a final Agreement for the Scottish Army here, that they might be gone, and comply with our Desires concerning the delivering of this as also the other Towns to us

"Fifthly, If that were not, that then their Soldiers might have the like Entertainment as others for the future

"This was delivered by Word of Mouth, from Colonel John Hamilton, in the Name of the rest

"Whereupon we desired to withdraw, and consider of their Propositions, and within a little Space we told them,

"That our Erland hither was to settle the Men we brought with us in this Town, and that, in order thereunto, so soon as we landed, we writ to Major General Monro (as the General Officer of the Scottish Army), to receive his Furtherance therein, as also to Colonel Home (then present), who had the Charge of the Place, for admitting our Men into the Town: But both their Answers importing a Defect of Power in them to do any Thing therein without Order from the State of Scotland or General Leven, we had sent an Express, with our Addresses both to the Parliament of Scotland and his Excellency General Leven, to receive their Orders therein; and do expect a Return with Speed.

"But for the other Particulars, we (not being specially designed for this Place, but casually come hither upon the Disappointment at Dublin) had received no Instructions therein; yet, if they had any Thing to propound, we should be ready to represent the same to the Parliament of England with the best Advantage; and that we might not prejudice their Propositions by any Mistake of Words, we desired, if they thought fit to do any Thing of this Kind, that it might be drawn up in Writing by themselves.

"Having given your Lordships this true Account of what passed betwixt us, we take Leave, and remain

"Your Lordships

Belfast, 24th Dec. 1646.

"Most humble Servants,

"Rob. Meredith. Rob't King.

"John Clotworthy."

Report from the Admiralty Committee, concerning the Jurisdiction of the Admiralty Court;

(fn. 7) " Die Jovis, 31 Decembris, 1646.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"Upon Information given to the Committee, That, by reason the Jurisdiction of the Admiralty is not settled, nor any Proceedings in that Court, many Ships and Persons much indebted for Maritime Occasions daily go to Sea, and cannot be arrested, and so the Creditors defeated of their Debts, Mariners and Owners of Ships have no Means to recover their Wages and Freights; and that lately, in the River of Thames, upon Differences concerning the Possession and Property of Ships, for Want of legal Proceedings in those Cases, violent Possession of Ships have been taken, and divers Persons wounded, to the great Disturbance and Obstruction of Trade: It is Ordered, That both Houses of Parliament be moved, to take the same into speedy Consideration, as a Matter of great Concernment; and specially desired to expedite the Settlement of the Jurisdiction of the said Court with the First Opportunity, in respect of the urgent Necessity of the said Affair.

"W. Jessop, Secretary."

and for Capt. Reeve to command The Fellowship.

Die Jovis, 31 Decembris, 1646.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"The Fellowshipp being speedily commanded to Sea, for a special Service of the State; Ordered, That Captain Jonas Reeve, having been very well recommended to this Committee by divers Members of the House of Commons, being very able, and having formerly done very good Service to the State, be presented to both Houses of Parliament, for their approving him to be Captain of the said Ship, for the Remainder of this Winter's Expedition.

"W. Jessop, Secretary."

Adjourn.

House adjourned till 10^a cras.