House of Lords Journal Volume 7: 3 January 1645

DIE Veneris, 3 die Januarii

PRAYERS, by Mr Scudder

Ds Grey de Worke, Speaker

Answer from the H C

Mr Serjeant Whitfield and Mr Serjeant Fynch return with this Answer from the House of Commons

That they have nominated a joint Committee, to meet with the Committee of Lords, to give Audience to the Commissioner of the Queen of Sweden, and to meet this Afternoon, at Two a Clock

Swedish Minister to have Audience

Hereupon it is Ordered, That the Master of the Ceremonies do give Notice to the Commissioner of Sweden hereof

Information concerning Affairs in Gueinsey

Next, was reported from the Committee of both Kingdoms, an Information of the Affairs in the Isle of Guernsey, with Articles agreed unto by the Lieutenant Governor, and the Inhabitants of the said Isle, which were read, and Ordered to be communicated to the House of Commons (Here enter it)

Sent to the H C

Which accordingly was sent down, by Serjean Whit feild and Serjeant Fynch, with a Desire that the House of Commons would speedily take the same into speedy Consideration

The Answer returned was

Answer from thence

That the House of Commons will speedily take this Business into speedy Consideration, and send an Answer by Messengers of their own

E of Denbigh a Articles against Stone al Committees for Stafford

This Day the Earl of Denbigh brought into this House Articles against Henry Stone, Captain Thomas Pudsey, Captain Wm Foxoll, John Swynsen, Edward Broughton Gentlemen, and John Symcox Ironmonger, Part of the Committee for the County of Stafford, and of the Sub committee for the (fn. 2) Sequestrations of the said County

The House commanded the said Articles [ (fn. 3) to be] read (Here enter them)

Ordered, That the Consideration of this Business is referred to the former Committee, as was appointed to consider of the Earl of Denbighe s Complaint, and the Business of his Association

And it is further Ordered, To send to the House of Commons, to desire that they would concur with their Lordships herein, and appoint the said Committee of their House to join with the Lords Committees, to take these Articles into Consideration, and hear the Business, and after, report the same to the Houses

Witnesses to be examined concerning this Business.

Ordered, That these Persons following shall be summoned to appear before the said Committee, to be examined as Witnesses concerning (fn. 1) this Business, which are to appear on Thursday next come Fortnight

Message to the H C for Committees to meet about it

A Message was sent to the House of Commons, by Mr Page and Dr Aylett

To desire the Articles this Day brought in by the Earl of Denbigh may be referred to the same Committee that formerly was appointed to consider of the Business concerning the Earl of Denbigh s Association, and that, the Business being examined, Report may be made to the Houses, and to desire that the House of Commons would appoint their Committee to meet with the Committee of Lords (fn. 4) on Thursday come Fortnight

The Answer was

Answer

That the House of Commons will send an Answer, by Messengers of their (fn. 5) own, concerning this Message

Proceedings against Le Strang

Next, was read the Certificate of the Commissioners for Martial Affairs, concerning the Proceedings and Matters of Fact against Roger Le Stronge

(Here enter it)

Message from the H C for the Sweden Minister to deliver his Business to the Committee of both Kingdoms,

A Message was brought from the House of Com mons, by Mr Reynolds, &c

To let their Lordships know, that the House of Commons hath this Day read the Letters from the Crown of Sweden, and hath had the Report made of the Commissioner's Desire at his Reception, "That he desires what he hath to deliver may be delivered as private as may be, in regard it may suffer much Prejudice if it should be known," and therefore, whereas both Houses Yesterday appointed a Committee to meet this Day, to receive what the said Commissioner had further in Charge to deliver from the Crown of Sweden, they would now refer him to the Committee of both Kingdoms, to deliver what he hath further in Charge from the Crown of Sweden, and that the Master of the Cere monies do acquaint the Queen of Sweden's Commissioner therewith

Agreed

and to expedite the Ordinance to continue the One for Martial Affairs.

2 To desire their Lordships Expedition in the Ordi nance concerning the renewing the Ordinance concerning Martial Affairs

The Answer returned was

Answer

That this House agrees with the House of Commons, in referring the Commissioner of Sweden to the Com mittee of both Kingdoms, and concerning the Ordinance concerning Martial Affairs, then Lordships will send an Answer by Messengers of their own

Ordinance to establish the Directory for Public Worship

The Lord Admiral reported, "That the Committee have considered of the Ordinance, intituled, "An Ordinance of Parliament, for the taking away of the Book of Common Prayer, and for the establishing and putting in Execution of the Directory for the Public Worship of God, and the Committee are of Opinion, That it be fit to pass, with some Alterations and Additions, which they offer to their Lordships Consideration'

And the Ordinance being read, with the Alterations and Additions, it was Resolved, upon the Question, That this House agrees to this Ordinance, with these Alterations and Additions.

Message to the H. C. with it.

Ordered, That this Ordinance be sent to the House of Commons; and that their Concurrence be desired in the Alterations and Additions.

And accordingly a Message was sent to the House of Commons, by Mr. Page and Dr. Aylett.

The Answer returned was:

Answer.

That the House of Commons will send an Answer to this Message, by Messengers of their own.

Report concerning the Manner of the Treaty with the King.

The Lord Viscount Say & Seale reported from the Committee of both Kingdoms, "That they have prepared a Draught concerning the Manner of Treaty of Peace; and think fit there be a Treaty to be at Uxbridge, and that Four Lords and a proportional Number of the House of Commons be appointed to treat."

(Here enter it.)

Ordered, That this House approves of this Draught now read.

And this House Resolved, To send Four Lords to treat; and that this Paper be communicated to the House of Commons, to desire their Concurrence therein; and to let them know, that this House intends to nominate Four Lords, to go as Committees from this House.

Message from the H. C. with a Letter to the Parliament of Scotland, and Instructions to Commissioners going there.

A Message was brought from the House of Commons, by, Mr. Pierrepont:

To present to this House a Letter, to be sent to the Parliament of Scotland; and some Instructions to be given to Sir Wm. Armyn, Mr. Bryan Stapilton, and Wm. Thompson, Commissioners to go to Edenburgh.

The Letter and Instructions were read, and Agreed to, and Ordered to be signed by the Speaker of both Houses. (Here enter them.)

The Answer returned was:

Answer.

That this House agrees to the Letter and Instructions now brought up.

Message from the Assembly, for Leave to give the Commissioners of the Church of Scotland an Account of what they have done.

A Message was (fn. 6) brought from the Assembly of Divines, by Mr. Marshall:

To let their Lordships know, "That the Commissioners from the Church of Scotland having sent divers Papers to the Assembly of Divines, concerning which they desire some Answer from them (they being to go presently to the Parliament in Scotland), what hath been done upon (fn. 7) them in the Assembly; but, by reason of a Clause in the Ordinance, the Assembly cannot do this without acquainting both or either Houses therewith: The Assembly, out of their Duty, do make this known to this House, before the Writing of a Letter; and have their Lordships Leave, before they do set upon the Work; which is, to give an Information of the Heads of the Proceedings which have passed in the Assembly; and, before the Letter be sent away, the Letter shall be presented to this House, that so it may be perused, and approved of by this House."

And, upon Debate, it was Resolved, upon the Question, Not to agree the Assembly should write a Letter as is desired.

Answer.

Ordered, That this Answer be given to Mr. Marshall, "That this House agrees not that the Assembly of Divines (fn. 8) should write a Letter as is desired; but that they may write a Letter of those Things as came from the Assembly, and have been passed by both Houses."

And Mr. Marshall being called in, he had this Answer given him.

Message to the the H. C. concerning the

A Message was sent to the House of Commons, by Mr. Serjeant Whitfield and Mr. Sejeant Fynch:

Manner of the Treaty with the King.

To deliver the Paper to them, which was reported from the Committee of both Kingdoms this Day, concerning the Manner of the Treaty, and to desire their Concurrence; and to let them know, that this House intends to nominate Four Lords.

The Answer returned was:

Answer.

That the House of Commons will send an Answer to this Message by Messengers of their own.

Ordinance to exclude Members of both Houses from holding Offices, Civil or Military.

The Earl of Manchester reported what the Committee had prepared to offer to the House, concerning the Or dinance for exempting the Members of the Houses from holding Places in Civil or Military Matters; and a Conference was appointed to be had with the House of Commons, to communicate the same to them; but it being late now, it was referred until To-morrow.

Certificate from the Commissioners for Martial Low, concerning the Proceedings against Roger Le Strange.

"To the Right Honourable the Lords and Commons in Parliament assembled.

"The humble Certificate of the Commissioners for Martial Law, concerning the Cause of Roger Le Strange.

"Upon Suggestions to His Majesty at Oxford from Roger Le Strange, of some Overtures from divers of the Inhabitants of the Town of Lynne, concerning the gaining of that Town to the King, His Majesty thereupon, by a Paper dated the 28th of November last, and signed Charles R. (which the Prisoner styles his Commission), after His Thanks returned to those He calls His well-affected Subjects there, gives these particular Encouragements to Roger Le Strange, to proceed in that Service:

"First, That, in Case that Attempt be gone through withall, he shall have the Government of that Place.

"Secondly, That what Engagements shall be made unto the Inhabitants of that Place, or others contributing to that Service, by Way of Reward, either in Employment, or Money not exceeding Five Thousand Pounds, the Service being performed, shall be punctually made good unto them.

Thirdly, Promise of Assistance from His nearest Garrisons.

"And lastly, Intimation of further Help for the Preservation of the Place when it should be gained.

"Having thus provided himself, and promised the Performance of his said Instructions, he comes from Oxford, to Mr. Pastour's House, called Appleton Hall, in Norffolke, within Six Miles of Lynne, which he made Choice of in regard of the Solitariness of the Place; and thence sends a Note for Captain Thomas Lemon of Lynne, who coming unto him the next Day, he acquainted him with the Business, and shewed him his said Commission; and, for his effectual Concurrence, said, "In Case the Work succeeded, it should be worth to him a Thousand Pounds." The Captain, promising to bring another with him the next Day to assist the Design, went back to Lynne, and returned, according to Appointment, with one Haggar, whom Mr. Le Strange, after his proposing and passing of mutual Promises of Secrecy, likewise dealt with, for his Assistance in that Service, assuring him of a Hundred Pounds for his Pains, and a Cannonnier's Place; and, in that Conference, received Proposals from Haggar, after what Manner the Town of Lynne should be surprized and seized upon; and Hagger propounding that Mr. Le Strange should provide Two Hundred Men, Mr. Le Strange acknowledged he knew not where to get the Men. But, before any further Progress, the said Lemon and Haggar apprehended him and his Commission; and carried him Prisoner to Lynne, Mr. Le Strange having there made the Design known to none but these Two.

"In these Examinations, Mr. Le Strange says, "That he went from Newarke to Oxford, being a listed Soldier in Major Cartwright's Troop, in the Garrison of Newarke; and that he was always of the King's Party, and so declared himself, and conceived that Lemon and Hagger were likewise of the same Party.

"Upon these Examinations and Confessions the whole Case appearing, the said Roger Le Strange was brought to his Trial; and his Charge was, "That he came from the Enemy within the Quarters of the Parliament as a Spy; and had plotted, contrived, and endeavoured, the betraying of the Town and Garrison of Lynne, in the Power of the Parliament, to the Enemy."

"Of all which the Court took serious Consideration; and of their Power, as well by their First Ordinance of the 16th of August last, as of a latter Ordinance, made in the Case of this Prisoner, of the 21th of December following, authorizing them to proceed therein according to the Course of Martial Law; and, upon full and mature Deliberation of the Fact and Circumstances, adjudged Roger Le Strange thus Guilty; videlicet, "That he had, contrary to the Rules of War, plotted, contrived, and endeavoured, the betraying of the Town and Garrison of Lynne, in the Power of the Parliament, to the Enemy:" And gave Sentence, and ordered Execution accordingly.

"The special State of whose Cause is thus humbly certified to both the Honourable Houses, by their Commissioners for Martial Law, in Obedience to their late Order requiring the same.

"John Mylles, Judge Advocate."

Further Answer to the King, concerning His Proposal for a Treaty for a Peace.

"May it please Your Most Excellent Majesty,

"We Your Majesty's humble and loyal Subjects, the Lords and Commons assembled in the Parliament of England at Westm. and the Commissioners of the Parliament of Scotland, do make our further Answer to Your Majesty's Message of the 13th of December, 1644, to the King, concerning the Treaty for Peace, as followeth:

"We do consent there be a Treaty for a safe and well-grounded Peace, between Your Majesty and the Parliaments of both Kingdoms; and, for the present, have appointed Four of the House of Peers, and Eight of the House of Commons, Committees for the Parliament of England, and for the Parliament of Scotland, who shall be appointed and authorized to meet at Uxbridge, on the Day of, with such Persons as Your Majesty shall under Your Majesty's Sign Manual appoint for that Purpose (not exceeding Sixteen), there to treat upon the Matters contained in the Propositions we lately sent to Your Majesty, according to such Instructions as shall be given unto them; and the Propositions for Religion and the Militia to be first treated upon and agreed; and the Time for the Treaty upon the said Propositions for Religion and the Militia not to exceed Twenty Days; And for the Things mentioned in Your Message to be proposed by Your Majesty, when the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us as aforesaid, we have directed them to send the same to us, that they may receive our Instructions what to do therein."

Letter to the Parliament of Scotland.

"Right Honourable,

"Your Commissioners have let us know of your sitting on the 7th of this Instant, and that the Lord Wareston and Mr. Barckly are to attend you, from whom you will be informed of our Proceedings in the Matters concerning Religion and your Armies in England and Ireland, of the Treaty of Peace betwixt His Majesty and the Parliaments of both Kingdoms now in Agitation, with the State of our Affairs.

"We shall endeavour to settle what is not perfected concerning Religion and your Armies, and proceed in the same with as much Expedition as our Abilities, and our Money, and weighty Businesses, will permit. We acknowledge the Union of both Kingdoms, by our late solemn League and Covenant, to be a great Blessing of God; and return our hearty Thanks for the great Assistance we have had in this Cause by your Forces, and for the Benefit we have received by the Help and Advice of those honourable and worthy Persons who have resided with us, and with much Wisdom and Fidelity advanced the carrying on this great Work of Religion and of our Liberties, wherein both Kingdoms are mutually so nearly concerned; and we, therefore, finding the Stay and Assistance of your Commissioners here to be very conduceable to the Public Good, earnestly desire the Return of the Lord Wareston and Mr. Barckley as soon as may stand with your Occasions. We have sent Sir William Armyn Baronet, Bryan Stapleton Esquire, and Mr. William Thompson, our Commissioners to you, desiring by all Means to continue the good Correspondency betwixt us, to whom we desire you to give Credence in such Things as from us they shall, from Time to Time, impart unto you.

"For the Right Honourable the Lords the Commissioners of Shires and Boroughs, assembled in the Parliament of Scotland."

"Instructions for Sir Wm. Armyn Baronet, Bryan Stapilton Esquire, and Mr. William Thompson, or any Two or One of them.

Instructions for English Commissioners going to Scotland.

"1. You shall repair to the City of Edinburg, and endeavour to be there on the Eighth of this Instant January, or so soon after as you can; and to deliver to the Parliament of Scotland the Letter from both Houses of Parliament, herewith delivered unto you.

2. You are authorized to make Use of any Thing contained in the former Instructions from both Houses of Parliament, for the good Correspondency betwixt both Kingdoms and Public Service.

"3. You are to take with you Mr. Edward Bowles, (fn. 9) Minister.

"4. You are to give Account, from Time to Time, to both Houses of Parliament, of your Proceedings; and to observe such further Instructions as you shall receive from them."

3 Januarii, 1644.

"Articles exhibited by Bazill Earl of Denbigh, against Captain Henry Stone, Captain Thomas Pudsey, Captain William Foxall, John Swynsen, Edward Broughton, Gentlemen, and John Symcox Ironmonger, Part of the Committee for the County of Stafford, and of the Sub-committee for the Sequestrations of the said County.

E. of Denbigh's Articles against Stone & al. Committees for Stafford.

"1. That the Persons abovenamed set divers Papists and Delinquents, videlicet, William Ward Esquire, Brynley Yeoman, and Brynley his Son, at Liberty, without the Consent of the greatest Part of the Committee; compounded for their Estates at a very low and no considerable Value; and, for Favour and Rewards, or Promises of Reward, caused the Estates and Persons of divers other Papists and Delinquents, videlicet, Sir John Skeffington Knight and Baronet, and Thomas Broughton Esquire, and others, to be protected, and their Estates of the Yearly Value of Twenty Thousand Pounds to be unsequestered, to the Encouragement of Malignants, the disheartening of good Men, the Prejudice of the Public Cause, the Soldiers being inforced to disband for Want of Pay.

"2. That they have concealed and embezzled a great Part of the Goods and Estates of divers Papists and Malignants, videlicet, the Goods of Walter Henningham Esquire, and Raph Snead Esquire, and others, and also divers other Sums of Money raised for the Use of the State, whereby they have much enriched themselves, and hindered the Service of the County.

3. That they have withstood, and interrupted, and delayed, the raising of Men and Horses, in Contempt of superior Commands, that were confirmed by Approbation of others authorized for that Purpose; and great Part of several Troops of Horse and Companies of Foot, by their Practice, and for Want of Accommodation, were forced to leave their Colours, by reason whereof the Enemy grew very strong and powerful, and the Public Cause thereby received much Prejudice.

"4. That they have expelled and undone divers honest and well-affected Persons to the State, forth of their Houses and Estates, videlicet, Ralph Collins, Mr. Edward Morton, and Robert Daniell, and others, upon Information of some malicious Persons; not suffering them to know their Accusers, or make any Defence or Justification.

"5. That, when Lychfeild Close was taken by Prince Rupert, they left and forsook the Country and their Commands, and their Employment as Committees, and went to Coventry, and could not be persuaded to return to their Charge until Stafford was taken.

"6. That, when they returned to Stafford, they raised Factions and Mutinies amongst the Soldiers, about a Year and a Half since; and practised to get the Government and Command of the Country into their own Hands, to the End they might procure Gains and Profit to themselves; which accordingly they did.

7. That divers, videlicet, Captain Stone, Captain Foxall, and Captain Pudsey, disobeyed the Directions and Orders of Basill Earl of Denbigh, General, by Ordinance of Parliament, of that Association, to the great Prejudice of the Commonwealth.

"8. That Colonel Rugeley and his Forces having laid Siege Ten Weeks, or thereabouts, against Ecclesall Castle, the said Parties, or some of them, with a Troop or Two of Horse, came the Night before the Surrender thereof, to assist the said Colonel's Forces; and the next Morning entered the Castle upon Composition, possessed themselves of Eight or Ten Thousand Pounds, and of Goods and Treasure, promising the Forces of the said Colonel Reward for their great Service there; yet never performed the same, but have converted the said Goods and Treasure to their own private Use.

"9. That Colonel Rudgley, having in Person taken Chillington House, a strong Garrison of a Papist, the said Parties raised, fomented, and countenanced, a Mutiny amongst the Soldiers, against the said Colonel; and some of them gave Monies unto the Soldiers during the said Mutiny, whereby Colonel Rugley was inforced, for the Safeguard of his Life, to fly out of Stafford, and in his Absence caused his and his Wife's Trunks and Chests to be broken open and ransacked; and scandalously charged the said Colonel to have embezzled and converted great Sums of the Country's Monies to his own Use; and the next Day petitioned Sir William Brereton and the Committee of Safety for that County, in the Name of the whole Town of Stafford, without their Assent or Privity, wherein they desired that Sir William Brereton might take the Command upon him; or, if not, then that Colonel Graves might be Governor of Stafford; the which Practices caused the Loss of many Men and much Money, and was a great Disturbance and Prejudice to the Public Cause.

"10. That the Persons above named, or some of them, exhibited a very scandalous Petition, in the Name of the whole Committee of the County of Stafford, in the Honourable House of Commons, against the said Earl, which reflected much upon the Honour of the said Earl; for the clearing whereof, the said Earl was put to a great deal of Charge and Trouble, the said Parties having no Cause or Ground for the said Petition; neither was the same exhibited by or with the Consent or Privity of the said Committee, but contrived by themselves, of Purpose to get the Government and Command of the Country into their own Hands, and to put by the said Earl thereof with Dishonour.

11. That the Persons above named, or some of them, in the further Pursuance of their Malice, have practised to get Men, by Menaces, and Offers of Reward, falsely to accuse and impeach the said Earl, Colonel Rugley, and others of his the said Earl's Officers and Commanders.

"B. Denbigh."

Adjourn.

House adjourned till 9^a cras.