House of Lords Journal Volume 8: 3 February 1647

DIE Mercurii, 3 die Februarii.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Vice Chancellor of Cambridge and the Mayor, about Precedency.

This Day, according to Order, the Cause touching the Difference (fn. 1) in Matter of Precedency, between the Vice Chancellor of Cambridge and the Mayor of Cambridge, came to a Hearing, at this Bar.

And the Counsel of the Vice Chancellor produced Precedents and Witnesses, that it hath been of Right, and Custom, and Usage, in the Vice Chancellor, for many Years; and by Act of Parliament, 35 H. VIII. Cap. 15°, the Vice Chancellor is named before the Mayor.

But the Counsel with the Mayor alledged, "That they had divers Witnesses to prove by Custom and Usage to be in the Mayor; and therefore desired further Time to bring up their Witnesses, which could not now be brought up, in regard they are very aged, and some sick."

Which being deposed upon Oath; the Counsel and Parties were commanded to withdraw.

And then the House took the Business into Consideration.

And this Question was put, "Whether to order, That, for the present, the Precedency of Place shall be in the Vice Chancellor of the University of Cambridge before the Mayor of Cambridge, till a further Hearing?"

And it was Resolved in the Affirmative.

Ordered, That the Business concerning the Difference of Precedency, between the Vice Chancellor of the University of Cambridge and the Mayor of Cambridge, shall be further heard, by Counsel on both Sides, at this Bar, on Thursday come Six Weeks, at which Time the Parties with their Witnesses are to attend.

Letters from the Commissioners with the King,

The Speaker acquainted the House with some Letters received from the Committees at Newcastle, which were opened, and read. (Here enter them.)

Gen. Skippon,

Letters from Major General Skippon were read.

(Here enter them.)

and E. of Stamford.

Letters from the Earl of Stanford were read.

(Here enter them.)

Message from the H. C. for a Conference about an Order of the Lords.

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

To desire a present Conference, if it may stand with their Lordships Conveniency, touching an Order found in their Lordships Book, which is printed and published.

The Answer returned was:

Answer.

That this House appoints a present Conference, in the Painted Chamber, as is desired.

Letters, &c. from the Scots Commissioners.

Also divers Letters and Papers from the Scotts Commissioners were read. (Here enter them.)

Ordered, That these Papers shall be taken into Consideration To-morrow Morning.

The Lords went to the Conference.

Letter from the Commissioners with the King, that the Scots have delivered Newcastle to Gen. Skippon; and with a Declaration from the Scots to the King, on their leaving Newcastle.

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

"Post Haste, Haste Post.

"31 Januarii, 1646, at One in the Morning.

"My Lord,

"We have already given your Lordship an Account of what the Earl of Pembrook said to the King at our First Waiting on Him; and in our last, of the 28th Instant, of the King's Questions and our Answers, which were delivered by the Earl of Denbigh. This Day, as soon as the Scottish Horse under the Command of Lieutenant General Lesly had marched through this Town, there came to us the Scotts Commissioners and the General. The Earl of Louthian then acquainted us, "That they had taken their Leaves of His Majesty, and had delivered to Him a Declaration from the Kingdom of Scotland;" a Copy whereof was also delivered us by his Lordship, which we send you here inclosed. Whereupon we immediately attended the King; and presently after, the Scotts Guards about the Court were relieved by the English, without Noise or Distraction; and about the same Time the Keys of Newcastle were delivered to Major General Skippon. The Commissioners of Scotland and the General have proceeded with that Honour and Candour in the managing of this Affair, that we should neither do them nor ourselves Right, if we do not represent it unto you. We are,

Newcastle, 30th January, 1646.

"My Lord,

"Your Lordship's humble Servants,

"Pembrook & Mount. B. Denbigh. Edw. Mountague."

Declaration of the Scots to the King, on their giving Him up to the English Commissioners, and the Garrison of Newcastle to Gen. Skippon.

"Whereas it pleased God to joyne the Kingdomes of Scotland, England, and Ireland, in solemne League and Covenant, for Reformation and Defence of Religion, the Honnor and Happines of the King, and their owne Peace and Safety, and, in Pursuance thereof, the Scotts Army being in the Kingdome of England, the King's Majesty came into their Quarters before Newarke, and professed He came thither with a full and absolute Intention to give all just Sattisfaction to the joynt Desires of both Kingdomes, and with noe Thought either to continue this unnaturall Warre any longer, or to make Division betwixt the Kingdomes; but to comply with His Parliaments, and those intrusted by them, in every Thing for setling Truth and Peace; and that He would apply Himselfe totally to the Councells and Advises of His Parliament: And this He did not only professe verbally to the Committee of Estates with the Scotts Army, but alsoe in severall Letters and Declarations under His Hand to the Committee of Estates of Scotland, and to the Two Houses of the Parliament of England, respectively; in Confidence whereof, and of the Reality of His Intentions and Resolutions, whilke He declared proceeded from noe other Ground then the deepe Sence of the bleeding Condition of His Kingdomes, the Committee of the Kingdome of Scotland and Generall Officers of the Scottch Army declared, to Himselfe and the Kingdome of England, theyr receiveing of His Royall Person to bee on these Termes (which is the Truth, notwithstanding what may bee suggested or alleadged on the contrary by any within or without the Kingdome); and represented to Him, that the only Way of His owne Happines, and Peace of His Kingdomes, under God, was to make good His Professions soe solemnly renewed to both Kingdomes: Therefore not only were Propositions of Peace (whilke after serious and mature Deliberation were agreed upon) tendred to Him, in the Name of both Kingdomes, for His Royall Assent thereto; but alsoe all the Supreame Judicatures of this Kingdome, both Civill and Ecclesiastick, made their humble and earnest Addresse to His Majesty, be Supplications, Letters, and Commissioners for that End, and did fully represent all the Prejudices and Inconveniencyes of the Delay or Refusall of His Assent; and in particular that this Kingdome would bee necessitate to joyne with the Kingdome of England, conforme to the League and Covenant, in providing for the present and future Security of both Kingdomes, and setlinge the Government of both as might most conduce to the Good of both: And the Parliament of Scotland being now, according to the Treaty, to retire their Army out of England, have againe, for their further Exoneration, sent Commissioners to represent their renewed Desires to His Majesty, with the Dangers may ensue by His Delay or Resusall to graunt the same; and that till then their was Danger to the Cause, to His Majesty, to this Kingdome, and to the Unity betwixt the Kingdomes, by His comeinge into Scotland; and that therefore a joynt Course wil bee tane annent the Disposeinge of His Person by both Kingdomes: And consideringe that His Majesty, by His Answere to the Propositions of Peace in August last, and alsoe by His late Message to the Two Houses, and by his Warrant comunicate to the Estates of this Kingdome, hath exprest His Desires to bee neere to the Two Houses of Parliament; and seinge alsoe the Parliament of England have comunicated to the Scotts Commissioners at Newcastle, and by them to this Kingdom, their Resolutions, That Holdenby House, in the County of Northampton, is the Place which the Houses thinks fit for the King to come unto, there to remain with such Attendance about Him as both Houses of Parliament shall appoint, with Respect had to the Safety and Preservation of His Person, in the Preservation and Defence of the true Religion and Liberties of the Kingdoms according to the Covenant:" Therefore the Estates of Parliament of the Kingdome of Scotland, in regard of His Majesty's not giveing a sattisfactory Answere to the Propositions as yet, and out of their earnest Desire to keepe a right Understandinge betwixt these Kingdomes, to prevent new Troubles within the same, to sattisfy the Desire of His Majesty, of the Two Houses of the Parliament of England, and of this Kingdome, for His Residence in some of His Houses neere the Parliament of England, and to prevent Misinformation, and to give Sattisfaction to all, doe declare their Concurrence, for the King's Majesty's goeinge to Holdenby House, or some other of His Houses in or aboute London, as shal bee thought fitt, there to remaine till He give Sattisfaction to both Kingdomes in the Propositions of Peace; and that, in the Interim, there bee noe Harme, Prejudice, Violence, nor Injury, done to His Royall Person; that there bee noe Change of Government, other then hath beene these Three Yeares past; and that His Posterity in noe Wayes bee prejudged in their lawfull Succession to the Government and Crowne of these Kingdomes: And as this is the cleere Intention and full Resolution of the Kingdome of Scotland, according to their Interests and Duty in Relation to the King's Majesty, soe they are confident, from the same Grounds and manifold Declarations of the Parliament of England, that the same is the Resolution of their Brethren; and at such a Tyme they doe expect a renewed Declaration thereof, and that they will give brotherly and just Sattisfaction to the Desires herewith sent, like as the Kingdome of Scotland doe hereby assure their Brethren in England, that it shal bee their constant Endeavor to keepe, continue, and strengthen, the Union and Peace betwixt the Kingdomes, according to the Covenants and Treatyes.

15 Janu. 1647.

"Read in Audience of Parliament, and, after voyceinge accordingly, agreed to.

"Sic subscribitur,

"Crafurd Lindsey, in present.

"Dd. Parl.

"A. Henderson. Hæc est vera Copia,

"Fr. Gibson, Cler. Reg."

Letters from Gen. Skippon, that the Scot's have given him Possession of Newcastle and Tynmouth.

"To the Right Honourable the Speaker of the Right Honourable House of Peers assembled in Parliament at Westm'r. These, with Speed and Trust, present.

"Phill. Skippon.

"Haste, Haste, Post Haste.

"My Lord,

"This Day, through God's Goodness, about Three of the Clock in the Afternoon, Newcastle and all the Works belonging thereto were by our Brethren the Scotts delivered into our Hands; and all their Forces marched out, and we in full Possession thereof: And I hope (by God's further Blessing) all Things will proceed fairly on to an happy Conclusion in this great Business. This I only thought my Duty at present with all possible Speed to advertise this Right Honourable House of, as I shall (God willing) in any Thing worthy the writing of, and in all Things else I can endeavour to manifest myself

"Your Lordship's

"Most faithful Servant,

"Ph. Skippon.

"I hear by others, that the Scotts have quitted the Castle of Tynmouth also; but as yet I have received no Express thereof from whom I appointed to receive the same. The Commissioners of Parliament have also received the Person of the King, who is To-day carefully attended.

"Ph. Skippon.

"This Bearer, General Adjutant Fleming, is a very well-deserving Man, testified by your Lordship's true-hearted Servant,

Newcastle, the 30th of January, 1646, 6 at Night.

"Ph. Skippon."

"To the Right Honourable the Speaker of the Right Honourable House of Peers assembled in Parliament at Westm'r. These, with Speed and Trust, present.

"My Lord,

"I can now assure you, that I have received an Express from him whom I commanded to receive the Castle of Tynmouth, that the same was fairly and quietly delivered into our Possession about Six of the Clock last Night; and I doubt not (through the Blessing of God) but that, as Things have happily succeeded hitherto between our Brethren and us, so there will be such an Issue of the same as will be to the Good of both Kingdoms. As further Occurrences shall happen in these Parts, they shall with all Speed be certified to your Lordship by

"Your Lordship's

"Humble and faithful Servant,

Newcastle, the 31th of January, 1646, in the Morning.

"Ph. Skippon."

Letter from the E. of Stamford, appointed with others to receive the Garrisons in the North from the Scots, &c. that they had given up Newcastle, Hartlepoole, Stockton, Tinmouth, &c.

"May it please your Lordship,

"Upon Monday last, the 25th Instant, all the Scotts Forces did quit Yorkesheir; and upon Tuesday following, the 26th, we had Possession of Hartlepoole and Stockton. Upon Saturday the 30th, betwixt Two and Three of the Clock in the Afternoon, we had Possession of Newcastle; and although it was late before it was delivered (the Scotts Forces not passing over Tyne so soon as we had Reason to expect), yet the General of the Scotts Army did deal very clearly and freely, and did not stand upon any Thing that might hinder; but was forward to do all Things for the speedy Delivery of it. His Lordship was gone out of Town before we entered (after the Five Hundred Men that were first to march into it); but left Order to have our Hostages delivered at the late Governor's House, which we performed accordingly, and did tender unto the Earl of Louthian, Sir James Lumsden, and some others of the Lords Commissioners for Scotland, our Hostages; (videlicet,) Sir Edward Loftus Viscount Ely, Sir Richard Erle, Sir Lyonell Talmach, Sir Ralph Hare, Mr. Delavale's, and Mr. Mildmay. They did take Mr. Delavale's Word, that he and the rest of our Hostages should go to the Scotts General; which he did undertake, and took them all to his House that Night. We have likewise Possession of Tynmouth Castle, The Sheilds, and the rest of the Forts. I shall only add, that, according to your Lordships Commands, we did press that the Scotts Army should pay for what they did take from the Country, as doth appear by our Letter, the Copies whereof are inclosed. And I hold it my Duty to acquaint your Lordship with the several Answers from the Scotts General, the Copies whereof are likewise inclosed. I shall expect your Lordship's further Directions, which shall be faithfully obeyed by,

Newcastle, 31th January, 1646.

"My Lord,

"Your Lordship's humble Servant,

"Stanford.

"Postscript. General Major Skippon and all the Officers and Soldiers have taken great Pains and Care, and have had a long and tedious March, which they performed with great Chearfulness. I doubt not but your Lordship will take them into serious Consideration, seeing the Shoes, Stockings, and Cloaths, of both Horse and Foot, are exceedingly worn out.

"Besides the Hostages that we have delivered, Sir William Selby did attend at Durham above a Week about that Service; but, because the Scotts Army is to march towards the Place of his Dwelling, and his Presence at Home might be useful to (fn. 2) him, with his own Consent we did excuse him."

Letter to the E. of Leven, with the following Petition of the Inhabitants of Cleveland.

"May it please your Excellency,

"We lately received the inclosed Petition from the Hands of General Major Skippon, who had it from the Justices of the Peace of this County; and having in Charge from both Houses of Parliament to see that no Money or Provision should be taken by any of your Army after the Payment of the First Hundred Thousand Pounds; which being resolved by both Houses, and being assured that your Lordship did permit it to your Soldiers only in Case of Necessity, which we hope will be supplied by the Receipt of your First Payment; we do therefore earnestly desire and press, that your Excellency would take the Petition into Consideration, so that no Money or Provision may be taken by Way of Anticipation, wherein we doubt not but your Excellency will give present Order, which will tend much to a friendly and brotherly Parting, and will be a great Satisfaction to both Houses of Parliament, and to

Yorke, Jan. 17th, 1646.

"Your Excellency's humble Servants,

"Stanford.

"Rob. Goodwin. W. Ashurst."

Cleveland Inhabitants Petition, that they may no longer be burthened with Taxes, &c. for the Scots Army.

"To the Worshipful His Majesty's Justices assembled in Session for the North Riding.

"The humble Petition of the distressed Inhabitants of Cleveland, in Yorkesh'r;

"Humbly sheweth,

"That a Part of the said Wapentake (fn. 3) hath, for these Eight Months last past, or thereabouts, paid to the Scotts Army Four Thousand Pounds per Mensem and upwards, in Money and Provision, whereby they are so extremely impoverished, that some of them have neither Oxen left to till their Ground, nor Seed to sow the same withall: That yet, notwithstanding, the said Army shew themselves so incompassionate of their said Misery, that they, or most of them, do demand (upon Penalty of our Lives) a Month's Pay aforehand toward their Advance, which is a Thing altogether impossible for your Petitioners to perform, though it lie upon their Lives.

"The former Premises considered;

"Their humble Desire therefore is, That you will be pleased, in Consideration of their deplorable and wasted Estates and Condition, to mediate with some Persons of Honour, that the Scotts Army may not levy any Advancemoney, but to give such strict Order as the poor Country be no further charged than it hath been formerly.

"And, &c."

"Ad General. Session. Pac. tent. apud Helmesley, duodecimo die Januarii, Anno Reg. Car. &c. xxii° coram Rob't Berwick Milit. Georgio Marwood, Ricardo Eithington, & Isaaco Nawton, Ar'is, Justi'is dicti Domini Regis ad Pacem, &c.

"George Marwood Esquire, One of His Majesty's Justices of Peace of the said North Riding, is desired, by this Court, to represent to General Major Skippon the humble Desire of the Inhabitants of Cleveland; and to be a Suitor unto him, on the Behalf of this Court, that he will be pleased to afford them his Assistance and Mediation, as he shall conceive most conducing to the Relief of the poor exhausted Country.

Letter to the E. of Leven, about paying the Remainder of the Money to the Scots, and receiving the Garrisons from them.

"May it please your Excellency,

"We came to North Allerton with the Money upon Tuesday Night last, and were ready to make the First Payment upon Wednesday (according to our former Letter to your Lordship), being the last Day limited by the Articles of Agreement, at which Time we did make Tender of it to your Deputy Treasurers here; but they would not receive it until this Day: And now, the Money being paid, we must acquaint your Lordship, that we have it in Charge from both Houses of Parliament, to take Care that, after the Payment of the First Hundred Thousand Pounds, your Army may not require or take any Money or Goods from the Country whatsoever; but that they shall pay for all such Provisions or other Things as they shall receive: Therefore we do desire your Lordship to give present and strict Orders to all the Officers and Soldiers under your Excellency's Command, that they do not levy any more Money, or take any Provisions from the Country, but such as they shall pay for; which we the more earnestly press, because the Complaints that come to us are many and loud: A true Copy of some of them we have here inclosed sent to your Lordship, wherein we are confident you will give speedy Redress.

"We further desire your Excellency to appoint us a Day when we shall receive the Garrisons of Stockton and Hartlepoole, and when your Forces shall be drawn to the North Side, and Northward the River Tyne; because we cannot by the Articles of Agreement march with the Second Hundred Thousand Pounds over the River Tees till that Time, and so consequently not stir with it from hence, there being no Place able to receive the Money and Convoy nearer than Darlington, which is on the North of Tees.

"We have formerly made known to your Lordship, that we have it in Charge that there be no mixing of Quarters, to avoid all Unkindness betwixt the Forces of both Kingdoms: Therefore we do not doubt but your Lordship will so order the timely Drawing-off your Forces, that the Garrisons may be received, our Forces march on, and the Money come to Newcastle in due Time. We have had so much Experience of your Lordship's great Affection to the Good and Peace of both Kingdoms, that we are confident a satisfactory Answer in all these Particulars shall be given to

North Allerton, 01 Jan. 1646.

"Your Excellency's

"Most humble Servants,

"Stanford.

"Rob. Goodwin.

"W. Ashurst."

"For his Excellency the Earl of Leven."

E. of Leven's Answer.

"Right Honnorable,

"Yours of the 21th did come to my Hands this Afternoone. I have given strict Orders to all those under my Comaund, that they shall take noe Money by Advance after their Removall from their Quarters, the Coppy whereof was sent to you. The Complaints mentioned to bee inclosed in your Letter did not come to my Hands; and when any shall come worthy of Censure, it shall bee examined, and the Persons punished according to their Fault. I have already given Orders to the Governors of Stockton and Hartlepoole to quitt those Guarrisons on Monday or Tuesday next, the 25th Instant, soe that these Governors will bee either ready to deliver the Garrisons, or you will finde them empty of our Souldiers, I gave Order to the Leiuetenant Generall of Horse to march to this Side of Tces, conforme to the Treaty. This Garrison of Newcastle and the Garrison of Tynmouth Castle will remove on Saterday next, the Penult of this Moneth; and all the Forces under my Commaund will bee on the North Side of Tyne that Day: And howbeit there be Six Dayes allowed after the rendring the Garrisons for Delivery of the last 100,000£.; yet the Committee here and I conceive it wil bee a greate Burthen to the County of Northumberland that our whole Army should bee in these Parts untill the Six Dayes bee past, and therefore wee are content you make all the Hast you can to deliver the last 100,000£.; and, if you please, wee shall receive it upon the First, 2d, or 3d Day of February, at the Place appointed.

"This is all I can say for the present; and remaine

Newcastle, 23th Janu. 1646.

"Your Lordships

"humble Servaunt,

"Leven.

"For the Right Honnorable the Earle of Stanford and remanent Commissioners at North Allerton."

Another Letter from the Commissioners to the E. of Leven on the same Subject.

"May it please your Excellency,

"We have received yours of the 23th Instant; and cannot but approve and thankfully acknowledge your Readiness therein expressed to deliver up Newcastle and the Castle of Tynmouth on Saturday next, as also your Desire to receive the Money the First, the Second, or Third of February, that so you may not burthen the Country by lying any longer in it than is of Necessity: All which we have considered, and have acquainted General Major Skippon therewith; and we, together with him, are very ready to answer your Propositions in both: But, unless your Quarters be removed (wherewith we have in Charge not to mingle), that we may march with our Forces and quarter near Newcastle on Friday Night, it will not be possible for us to observe our Instructions and the Articles of Agreement, and receive the Town of Newcastle as is proposed by your Lordship: Therefore we make it our earnest Request to your Excellency, to remove your Forces out of Durham Northward on Thursday, that we may quarter there; and on Friday to draw off all your Forces to the North of Tyne, that our Forces may quarter near to Newcastle on Friday, and that we may have Notice of your being on the North of Tyne accordingly: We shall then draw the Money to the North of Tees, and march with it forward to Newcastle, while our Forces are receiving the Town and Garrisons (according to the Articles); which Rendition we desire may be done timely on Saturday, and so the Expedition expressed by your Excellency, and willingly embraced by us, may be accomplished; and then we doubt not but to pay the Money on the First, 2d, or 3d of February, that the Country may be eased, which, together with yours, is our most earnest Desire. And further we beseech your Excellency, give us Leave (as we have in Charge) to renew our Desires, that your Lordship would give present Order that your Army, having now received the First Hundred Thousand Pounds, may pay for whatsoever (fn. 4) they take of the Country; by all which, we hope, there will be a happy Conclusion, to the Glory of God, and the Peace and Tranquillity of these Kingdoms, answerable to the Desires of,

North Allerton 25 Janu. 1646.

"My Lord,

"Your humble Servants,

"Stanford.

"Rob. Goodwin.

"Will'm Ashurst.

"We send your Excellency some of the Complaints we mentioned in our Letter, which we omitted by our Secretary.

"To his Excellency the Earl of Leven."

E. of Leven's Answer.

"Right Honnorable,

"I received your Lordship's Letter, desireing our Quarters to bee removed, that you may march with your Forces neere Newcastle on Friday, wherein I shal bee most willing and ready to give your Lordships all that Sattisfaction which can bee expected of One who wisheth an happy and speedy Close of Busines; haveing accordingly given Orders to the Forces on South Side Tyne, soe to order and hasten their March, that, those Parts being cleered of them, your Forces may repaire to Durham and Gateside against the Tyme desired: And that the Garrisons of Newcastle and Tynmouth Castle may bee delivered against the Tyme lymitted by the Articles of Agreement, there shal bee noe Losse of Tyme on our Part; but all Care and Diligence used to prevent the Tyme (if it could bee possible), in the Rendition of your Garrisons, and marching of our Forces, which shall bee all, both Horse and Foote, on this Side Tyne upon Friday next, the 19 Instant. And whereas your Lordship renewes your Desires, that the Army may pay whatsoever (fn. 5) they take in the Country; as I did by former Orders strictly prohibite the leavying any Cesses after the Removall of the Army from the severall Quarters, and the demaunding of Moneys by Way of Advance; soe shall especiall Care be had, that nothing bee taken but necessary Entertainment for Subsistence upon the March, untill the Moneys bee distributed; and noe Cause of Offence bee given, but a faire and freindly Partinge, to the maintayninge and strengthening of the happy Union betweene the Kingdomes, which is the constant Desire of

Newcastle, 26 Jan. 1646.

"Your humble Servaunt,

"Leven.

"For the Earle of Stanford, and rest of the Commissioners at North Allerton."

Letter from the Scots Commissioners, about Peaker's Examination, reflecting on the E. of Leven, &c. and their Armies.

"Right Honnorable,

"Haveing seene the Examination of one Tobias Peaker, which by your Order was comunicated to our Commissioners at London, and their Paper of the 12th of this Moneth given in to both Houses; wee found it necessary, for the cleering of a Busines of soe greate Consequence, which reflected soe much upon this Army, the Scottish Army in Ireland, and some Cheife Officers of knowne Integrity, to make as exact a Tryall of (fn. 6) the Busines as wee could; which wee have done, and sent upp the Examinations to our Commissioners, to bee comunicated to your Lordship. The Lord Generall doth alsoe declare to us, That he never did comunicate any such Letter to Mr. Murray as is mentioned in Peaker's Examinations, nor never did tell Mr. Murray that he had any Letter in Ambush for him.

"This Army hath given soe many undenyable Testimonyes of their Fidelity to the Cause and constant Affection to the Parliament of England, and wee finde the Persons mentioned in Peaker's Examinations soe innocent of these Things layd to their Charge, that wee confidently expect that the Honnorable Houses will not give such Countenance to the Information of a Fellow, who upon Examination appeares to bee infamous and a Theife, as, by our Proceedings in this Busines, to seeme to give Creditt to his Informations, which soe much asperse this Army, whose Integrity hath ever appeared, notwithstandinge of any such false Informations; especially at such a Tyme as this, when, after all their Actions and Sufferings, they are now marching Home according to the Treaty, which, God willing, shall be on our Part punctually performed: And as wee have bin carefull in every Thing to give all just Sattisfaction to the Honnorable Houses, soe shall wee continue constantly to shew our Desires to keepe and strengthen a good Correspondence betwixt the Kingdomes, and to wittnes that wee are

"Your Lordships humble Servaunts,

"Leven. Lauderdaill. Lothian.

"H. Balcarres. Hepburne. J. Gartland.

"F. Ro. Freiland. W. Lendonyns.

"For the Right Honnorable the Lords and Commons assembled in the Parliament of England at Westminster."

Letter from the Scots Commissioners at London, about it.

"Right Honnorable,

"Wee have received from the Committee of both Houses the Examination of Tobias Peaker, with some other Papers. Wee forthwith sent the same to the Committee of the Parliament of Scotland at Newcastle; who haveing taken the Busines into their serious Consideration, as highly reflecting upon our Armyes in the North of this Kingdome and Ireland, and upon some Persons of knowne Integrity, haveing alsoe spent Two Dayes in the Examination thereof, and of such Persons as they had the Conveniency to examine upon the Place, have retourned unto us the inclosed Papers, to bee comunicated to the Honnorable Houses with their owne Letter; by all which it may appeare, how little Creditt is to bee given to the Informations of Tobias Peaker, who is alsoe contradicted by the Earle of Leven in that Particular which concerned his Excellency; whose Declaration, wee trust, will weigh very much with the Honnorable Houses; and that noe such Jealousy shal bee entertained, after such reall Testimonyes of our Armyes Faithfullnes to this Nation and their freindly Partinge. Wee are

Worcester House, 3 Febr. 164 7 / 6.

"Your Lordship's

"Most humble Servaunts,

"Charles Ersk'ne.

"Hew Kennedy. Ro. Barclay.

"For the Right Honnorable the Speaker of the House of Peeres pro Tempore; to be comunicated to both Houses of Parliament."

Examinations of Sir R. Murray, W. Murray, Levit, and Thedy, concerning Peaket's Evidence, charging Murray and others with a Design to carry off the King, in which they were to be assisted by the Scots Armies.

Newcastle, 21 Janu. 1647.

"Examination of Mr. Levitt, before the Right Honourable Committee residing with the Scottish Army at Newcastle.

"Saith, That he never delivered a Hundred Pounds to Tobias Peaker, nor any other Sum of Money, nor never put any Money under Mr. Murraye's Bed's Head: That he never spoke with the Dutch Captain: That never any Discourse passed betwixt him and Peaker concerning the King's Intention to go away, or His sitting up late the 25th of December; but affirms, that the King went to Bed that Night at His ordinary Hour; and that he never knew nor heard any Thing of the King's Intention to escape: That he knew nothing of Peaker's going out of Town, but certainly understood him to be discontented; and that Peaker had said to him, "Was ever Man so abused, to be put out of his Place?"

"Subscribitur,

"Will. Levite.

Vera Copia.

"M. Henderson."

"Newcastle, 21 Janu. 1647.

"Examination of Sir Robert Murray.

"Examinate says, He never knew of any Letter sent by Mr. Murray to the Governor of Hartlepoole, more than by the Report of Tobias Peaker's Information: That he lent Peaker not long ago a Horse, as upon divers Occasions to others of Mr. Murraye's Servants; but he neither asked him nor knew whither he was going; and that he had been with Mr. Murray at the Gate oftener than Once, but neither remembered the Time, nor that he ever had any particular Discourse: That he never spoke with the Dutch Captain.

"Subscribitur,

"R. Murray.

"Vera Copia.

"M. Henderson."

"Newcastle, 21 January, 1647.

"Examination of the Captain of the Dutch Ship lying in the River of Tyne.

"The Examinate says, That he knows Mr. Will'm Murray; but that he knows nobody by the Name of Tobias Peaker: That he never received any Message from Mr. Murray; but that one Mr. Murray asked him, "If he would carry a Gentleman to Holland that the King means to send?" And that his Answer was, "He would willingly do, when his Ship was ready, and the Wind served:" But that Mr. Murray did never insinuate to him any Thing of the King's going beyond Sea, more than the Child that is born Yesternight. That he further saith, That he never received any Money from Mr. Murray, nor from any other in his Name: That, the 25th of December, no Creature lay aboard of his Ship as sent from Mr. Murray, which he had formerly avouched to the Mayor of Newcastle; and that no Man nor Woman in England ever asked him, if he might go to the Sea Night or Day, notwithstanding any Opposition from Tynmouth Castle; nor did he after, or any-body else, speak to him such Thing.

"Subscribitur,

"Cornelius Thedy.

"Vera Copia.

"M. Henderson."

Newcastle, 21 Januarii, 1647.

"The Examination of Mr. William Murray.

"The Examinate says, That he knows Tobias Peaker: He never sent him, nor any other, to bid the Captain of the Dutch Ship come to his Lodging; and that he never sent Tobias Peaker, nor any other, to deliver One Hundred Pounds, nor any other Sum of Money, to the Dutch Captain; and that he never gave him any himself; nor Mr. Levitt, nor no other, by his Order: That he never heard any Discourse betwixt Tobias Peaker and Mr. Levitt, concerning the King's sitting up late on the 25 of December: That he had once asked the Dutch Captain "if he would transport a Gentleman whom the King intended to send to Holland;" and that the Captain's Answer was, "He would, when he was ready, and Wind served:" That he never spoke any Thing to Peaker of the King's Intention to go beyond Seas: That he never spoke to him of Ireland, or Moonro's siding with the King: That he never told Toby, "Because the Wind was out of the Way, they must seek another Course:" That, upon the King's Desire to know if there might be a Ship had to send One beyond Seas, he had sent Toby to Hartlepoole, with a Letter to the Governor, to enquire for One; but that he knows not whom the King meant by, to send in her: That the Earl of Leven never spoke to him any Thing of that Letter: That he never rebuked Toby for betraying the King, or discovering His Intention, or any such Purpose; but Once, in the Presence Chamber, he child him, for not giving him an Account of his Money, and not paying, according to his Direction, several Persons considerable Sums of Money, delivered to him for that Effect: That he never sens Toby to the Dutch Ship, nor never desired the Captain by him nor any other to victual his Ship: That he never spoke to Toby One Word concerning any Regiments, Troops, or Persons of the Scottish Army, standing for the King; and that he never mentioned to him the Name of David Lesley, whom he had not seen for divers Years till after Toby was gone away from Newcastle: That he had seen Sir Robert Murray divers Times at the Sign of The Angell; but never had any Discourse with him there, to his Remembrance.

"Subscribitur,

"Will. Murray.

"Vera Copia.

"M. Henderson."

Adjourn.

House adjourned till 10^a cras.