House of Lords Journal Volume 7: 30 October 1645

DIE Jovis, 30 die Octobris.

PRAYERS, by Dr. Wincupp.

Ds. Grey de Warke, Speaker.

Col. Serle freed from an Arrest.

Upon reading the Petition of Colonel Michaell Serle; shewing, "That he hath served in Plymouth, and elsewhere, under the Parliament, since these unhappy Wars, with very little Pay; and hath disbursed out of his Purse, for the Service of the State, the Sum of Five Hundred Seventy-eight Pounds, besides Thirteen Hundred Pounds due for his Pay; but, coming to Town, he hath been arrested."

It is Ordered, That the Petitioner shall have Protection of this House, to free him from all Arrests, for so much Money as appears by the Auditor's Accompt to be due unto him.

Powell versus Lady Maynard.

Upon reading the Petition of Nic. Bowell, "who marrying with the Daughter of the late Lord Maynard, who bequeathed to her by his Will Five Thousand Pounds; but the Petitioner's Wife being now dead, the Lady Maynard, being Executrix of the Will of the Lord Maynard, doth refuse to make Payment of the said Five Thousand Pound Portion; therefore desires to have (fn. 1) Leave of this House, to take his Remedy at Law against the said Lady Maynard."

It is Ordered, That the Lady Maynard shall have a Copy of this Petition, and return her Answer to this House.

L. Grey & al. and Mr. Finch & al.

Ordered, That the Cause between the Lord Grey, &c. against Mr. Fynch, &c. shall be put off till Tuesday come Sevennight.

Message to the H. C. to remind them of the Payment of Capt. Hutchins's Arrears;

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

To let them know, that the Lords long since, upon a Report to them from the Committee of the West, did recommend unto them, that Captain Hutchins should be paid what is due to him by the Committee of the Navy; and having received no Answer, the Lords do earnestly recommend the Person who hath deserved so very well by his faithful Service unto the State, his whole Livelihood consisting herein, and a general Eye of the Seamen thereupon.

and of Grays' Petition.

2. To put them in Mind of Major Greye's Brothers Petition, formerly sent down to them.

Report of the Conference about Letters taken at Sherborne.

The Lord Roberts reported the Effect of the late Conference with the House of Commons; which was, "To present to their Lordships some Letters which were lately taken in the North, at the Fight at Shurborne: And these Letters were read.

"1. A Copy of the King's Letter, in His own Hand, to my Lord Marquis of Ormond, dated 31 July, 1645." (Here enter it.)

"2. A Copy of the King's Letter to Prince Rupert, dated 31 July, 1645." (Here enter it.)

"3. King's Letter to Marquis Ormond, concerning Marquis Clenerickard, dated 13 May, 1645."

(Here enter it.)

"4. A Draught of a Letter for Commissions, &c. to the Marquis Ormond, dated 22 May, 1645."

(Here enter it.)

"5. His Majesty's Letter, in His own Hand, to the Marquis of Ormond." (Here enter it.)

"6. Another Letter, dated 10 October, 1645, from Newarke" (Here enter it.)

"There was divers other Letters communicated; but the Six aforesaid Letters were the principal Ones.

"It was desired, That these Letters might be communicated to the Committee of both Kingdoms."

Preachers at the Fast thanked.

Ordered, That Mr. Doctor Burges and Mr. Willson have Thanks given them, for their Sermons Yesterday preached, in the Abbey Church, before the Lords in Parliament, on the Fast-day; and that they be desired to print their Sermons.

Preachers at the next.

Ordered, That Mr. Callamy and Mr. White are appointed to preach before the Lords, in the Abbey Church in Westm. the next Fast-day.

Letter from the Scots Commissioners.

The Speaker acquainted this House with a Letter from the Scotts Commissioners, with a Paper inclosed; which were read, as follow. (Here enter them.)

"Duplicate.

King's Letter, in His own Hand, to the Marquis of Ormond, to send Him Assistance from Ireland.

"Cardiff, July 31th, 1645.

Ormond,

"It hath pleased God, by many successive Misfortunes, to reduce My Affairs of late, from a very prosperous Condition, to so low an Ebb, as to be a perfect Trial of all Men's Integrities to Me; and you being a Person whom I consider as most entirely and generously resolved to stand and fall with your King, I do principally rely upon you, for your uttermost Assistance in My present Hazards. I have commanded Digby to acquaint you at large with all Particulars of My Condition, what I have to hope, trust to, or fear; wherein you will find, that, if My Expectation of Relief out of Ireland be not in some good Measure and speedily answered, I am likely to be reduced to great Extremities. I hope some of those Expresses I sent you since My Misfortune by the Battle of Nazeby are come to you; and I am therefore confident, that you are in a good Forwardness for the sending over to Me a considerable Supply of Men, Artillery, and Ammunition. All that I have to add is, that the Necessity of your speedy performing them is made much more pressing by new Disasters; so that I absolutely command you (what Hazard soever that Kingdom may run by it) personally to bring Me all the Forces of what Sort soever you can draw from thence, and leave the Government there (during your Absence) in the fittest Hands that you shall judge to discharge it; for I may not want you here, to command those Forces which will be brought from thence, and such as from hence shall be joined to them: But you must not understand this as a Permission for you to grant to the Irish (in case they will not otherwise have a Peace) any Thing more in Matter of Religion than what I have allowed you already; except only in some convenient Parishes, where the much greater Number are Papists, I give you Power to permit them to have some Places which they may use as Chapels for their Devotions, if there be no other Impediment for obtaining a Peace. But I will rather choose to suffer all Extremities, than ever to abandon My Religion, and particularly either to English or Irish Rebels: To which Effect, I have commanded Digby to write to their Agents that were employed hither, giving you Power to cause deliver or suppress the Letter, as you shall judge best for My Service. To conclude, if the Irish shall so unworthily take Advantage of My weak Condition as to press Me to that which I cannot grant with a safe Conscience, and without it to reject a Peace, I command you, if you can, to procure a further Cessation; if not, to make what Divisions you can among them, and rather leave it to the Chance of War between them and those Forces which you have not Power to draw to My Assistance, than to give My Consent to any such Allowance of Popery as must evidently bring Destructign to that Profession, which, by the Grace of God, I shall ever maintain through all Extremities. I know, Ormond, that I impose a very hard Task upon you; but, if God prosper Me, you will be a happy and glorious Subject; if otherwise, you will perish nobly and generously, with and for Him who is."

King's Letter to Prince Rupert.

"Cardiff, 31th July, 1645.

"Nephew,

"This is occasioned by a Letter of yours, that the Duke of Richmond shewed me Yesternight; and first I assure you, that I have been (and so will be) very careful to advertise you of My Resolutions, how soon they were taken; and if I enjoined you Silence to that which was no Secret, it was not My Fault, for I thought it one; and I am sure it ought to have been so. Now as for your Opinion of My Business, and your Counsel thereupon; if I had any other Quarrel, but the Defence of My Religion, Crown, and Friends, you had full Reason for your Advice; for I confess, that, speaking either as a meer Soldier or Statesman, I must say that there is no Probability but of My Ruin; yet, as a Christian, I must tell you, that God will not suffer Rebels and Traitors to prosper, or this Cause to be overthrown; and whatsoever Personal Punishments it shall please Him to inflict upon Me, must not make Me repine, much less give over this Quarrel; and there is as little Question that a Composition with them at this Time is nothing else but a Submission, which (by the Grace of God) I am resolved against, whatsoever it cost Me; for I know My Obligation to be, both in Conscience and Honour, neither to abandon God's Cause. injure My Successors, or forsake My Friends. Indeed I cannot flatter Myself with Expectation of good Success, more than this, to end my Days with Honour and a good Conscience, which obliges Me so to continue My Endeavours, as not despairing but that God may yet in My Time avenge His own Cause; though I must avow to all My Friends, that he who will stay with Me at this Time must expect and resolve either to die for a good Cause, or (which is worse) to live as miserable in maintaining it as the violent Rage of insulting Rebels can make him.

Having thus truly, and I believe unpartially, stated My Case unto you, and plainly told you My positive Resolutions, which (by the Grace of God) I will not alter, they being neither lightly nor suddenly grounded, I earnestly desire you no Ways to hanker after Treaties; assuring you, as low as I am, I will go no less than what was last offered in My Name at Uxbridge; confessing, that it were as great a Miracle that they should agree to so much Reason, as that I should be within a Month in the same Condition I was in immediately before the Battle of Naisby: Therefore, for God's Sake, let us not flatter ourselves with those Conceits; and, believe Me, the very Imagination that you are desirous of a Treaty (for that, at this Time, and a Submission is all One) will but lose Me so much the sooner; wherefore, as you love Me (whatsoever you have already done), apply your Discourses hereafter according to My Resolution and Judgement. As for the Irish, I assure you they shall not cheat Me, but it is possible they may cozen themselves; for be assured, that what I have refused to the English, I will not grant to the Irish Rebels, never trusting to that Kind of People (of what Nation soever) more than I see by their Actions; and am sending such a Dispatch to Ormond, as I am sure will please you and all honest Men; a Copy whereof by the First Opportunity you shall have: Lastly, be confident that I would not have put you nor Myself to the Trouble of this long Letter, had I not a great Estimation of you, and full Confidence in your Friendship to."

King's Letter to the Marquis of Ormond, to swear the Marquis of Clanrickard a Privy Counsellor in Ireland.

Right Trusty and Right Well-beloved Cousin and Counsellor, We greet you well: We, being fully satisfied of the good Affection to Our Service of Our Right Trusty and Entirely-beloved Cousin Plick Marquis of Clenrickard, and conceiving it to be much for Our Service the Addition of a Person of his Ability unto Our Council Board there, are graciously pleased, and do hereby require and authorize you to admit him into Our Privy Council there, and that you administer to him the usual Oaths of a Minister of State in that Our Kingdom; and as for any other Oath to be on this Occasion administered unto him, Our Pleasure is, that you observe the Form expressed in the Fifteenth Article of Our Graces and Instructions sent over unto Our Deputy and Council of that Kingdom, by the Agents in the Year 1628, without requiring the said Marquis to take any other Oath; the Statute 2° Eliz. or any other Statute, Order, or Instruction, to the contrary notwithstanding: And you are to cause him to have and enjoy all Privileges, Pre-eminencies, and other Benefits, belonging to One of Our Council there: And for your so doing, this shall be your Warrant.

"Given at our Court at Droitw'ch, the 13th Day of May, 1645."

King's Warrant to the Marquis of Ormond, for authorizing him to grant Commissions in Ireland.

"Right Trusty and Right Entirely-beloved Cousin and Counsellor, We greet you well: Whereas, upon the Treaty of Peace, you did, amongst other Things for Us and in Our Name, agree with those who treated with you in the Behalf of the Confederated Roman Catholics, that they should continue the Possession of such of Our Cities, Towns, Forts, and Castles, which now they have under their Obedience, until there be such a Settlement, as upon the said Treaty is agreed to be done, yet so as they be commanded, ruled, and governed in Chief, by such as We, or Our Chief Governor or Governors of that Our Kingdom for the Time being, shall appoint; and whereas you did promise for Us, and in Our Name, that We would grant Commissions to, and appoint, such Person and Persons as shall be agreed on the Treaty, for the executing of such Commands, Rule, or Government, to continue until all the Articles agreed on to be passed in Parliament shall be accordingly passed; and that We would issue Commissions to such Persons as shall be agreed on the Treaty, for the punishing of such Capital Offences as have happened since the 14th of September, 1643, or should henceforward during the Time aforesaid happen, and for the Ordering of such Things as should be for the Peace and Tranquillity of that Kingdom, and the Well-ordering of the Army, and the raising and providing of Means for the Support thereof: We, being very willing and desirous that as well that, as whatsoever else shall be undertaken by you upon the Treaty, be punctually observed, have thought fit, by these Our Letters, to require and authorize you to cause Letters Patents, under the Great Seal of that Our Kingdom, to be passed unto you, which may authorize and give Power unto you to issue such Commissions, under the Great Seal of that Our Kingdom, as you have, upon the Treaty, for Us, and in Our Name, promised to Our said Subjects, or which, upon the said Treaty, you shall hereafter promise unto them; and such other Commissions, after the Conclusion of a Peace in that Our Kingdom, as you shall think fit, for the advancing of the Natives of that Our Kingdom, without Exception of any, to Places of Command, Honour, Profit, and Trust, in Our Armies there, according to their respective Merits and Abilities; and that therein no Difference be made by you between them and Our other good Subjects, according to the Answer made by you in Our Behalf to the Eighth Proposition; in which respective Commissions, you are to cause such Grants and Non Obstantes to be inserted, as may remove all Impediments and Hindrances whatsoever, which do or may disable any of Our said Subjects to exercise the said Places; and for your so doing, this shall be unto you, and any other Our Chief Governor and Governors for the Time being, and to Our Chancellor, or Keeper of Our Great Seal there for the Time being, and to all others whom it may concern, sufficient Warrant; notwithstanding any former Usage, Restraint, Order, or Act of Parliament, to the contrary: And so We bid you heartily Farewell.

"Given at Our Court at Betton, the 22th of May, 1645."

King's Letter, in His own Hand, to the Marquis of Ormond, to conclude a Peace in Ireland.

"Ormond,

"I find, by yours to Digby, that you are somewhat cautious not to conclude the Peace, without at least the Concurrence of the Council there, which if you could procure, I confess it would be so much the better; and therefore I have sent herewithall another Letter to you, to be communicated to them, which takes off those Restrictions that I laid formerly upon you in a Public Letter: But the Irish Peace is of such absolute Necessity, that no Compliments or particular Respect whatsoever must hinder it; wherefore I absolutely command you (and without Reply) to execute the Direction I sent you the 27th of February last, giving you Leave to get the Approbation of the Council, so as, and no otherwise, that by seeking it you do not hazard the Peace, or so much as an Affront by their foolish refusing to concur with you; promising you, upon the Word of a King, That, if God prosper me, you shall be so far from receiving any Prejudice by doing this so necessary Work, though alone, that I will account it as One of the chiefest of your great Services to Me; and accordingly you shall be thought upon by."

Letter from Newark.

Newarke, October 10th, 1645.

"I hope mine from Bridgnorth is miscarried. It was more melancholy than, upon Second Thoughts, I would have written; but the Truth is, the Loss of my Lord of Litchfeild, and some other gallant Men, and, in the Nick of that, the Rebels printed Books of my Lord Montrosse's total Overthrow, had put me into a Fit of deeper Melancholy and Despair than I have ever before been subject unto. Since that, I have received Expresses from my Lord Montross, wherein he relates the Truth of his late Misfortune on the 13th of September, at Philliphaw, near Selcreeke, wherein he lost in all but Two Hundred Men, and bids us be assured, that yet, ere Winter, he will be in England with a gallant Army: We do since receive daily Confirmations, from all Parts in the North, that he hath routed David Lesley, Colketo and his other Forces being come up to him; for at Philliphaw he was only a small Party, invited to the Borders by Roxborow and others, who betrayed him: We shall no sooner receive an Express of his good Condition, but we shall endeavour to get to him: In the mean While, here we rest about Newark, the unlikeliest Place to be besieged, and the strongest if it be, and from whence the King cannot be hindered from marching away with His Horse at any Time, whither we marched from Cherke without any Interruption; Poyngs having, it seems, been too much broken to follow us, and opiniating, since the Siege of Chester. If he give us Leisure till we learn the Certainty of Montross, he will much oblige us; if not, I hope, with that Addition which we may receive from this Garrison, we may be able to fight with him for our Passage. We are in hourly Expectation of an Answer from the Scotts Army to those Overtures made unto them, whereof I advertised you formerly; and we have cause to hope well of that Negociation. It were impertinent to trouble you from hence with the Western News, which certainly will come much fresher to you from the Original. If Goring have given Massy such a Defeat as is believed, and that Fairfax hath drawn back his Army against him, there will then be a fair Blow for the setting us as high again as ever. I hope that our Misfortunes will not make you faint there, in soliciting all possible Supplies of Money, Arms, and Ammunition; for whatever sudden Damps may seize us upon unexpected Disasters, I hope, upon Recollection, we shall none of us doubt but God will in the End magnify His Justice, in the Prosperity of His Majesty's Cause. Whatever happen, let Her Majesty be assured, that I, in the Discharge of my Duty, shall still make good that Confidence which She hath been pleased to have of me, and that Part which becomes the Title of your perfect Friend."

Letter from the Scots Commissioners with their Army, desiring that Means may be taken to subsist their Troops, or that they may be allowed to take Free Quarter.

"For the Right Honnorable the Speaker of the House of Peeres.

"My Lord,

"Wee have received Intelligence from his Excellency the Earle of Leven, that a Party of aboute 1000 Horse, under the Command of Sir Marmaduke Langdale and the Lord Digby, is marched from Skipton, through Lancasheir, into Cumberland; upon Notice whereof, he hath sent the most of his Cavalrie to pursue them; and wee are alsoe advertised, that Seaven Shipps are arrived upon the Coast of Cumberland from Ireland.

"His Excellency doth further acquaint us, that he hath given strict Order to all the Officers and Souldiers under his Commaund, not to exact any Moneyes, or to lay any Assessments upon the Country; but to content themselves with Free Quarter, not exceedinge the Proportion formerly agreed upon by the Committee of both Kingdomes; and, that it might appeare how desireous he was this should bee carefully observed, had sent his Generall Quarter-master to the Committee of Yorke, earnestly desireinge them to appoint such as they should thinke fitt, to joyne with others nominated by his Excellency, to make a faire Survey of all the Quarters of the Scottish Army, that whatsoever should bee found amisse might bee redressed at their owne Sight. In the meane Tyme, he is advertised of a Declaration to bee published by the Three Committees of the County of Yorke, wherein it is declared to the People, That there is a Course setled for the Pay of the Scottish Army, upon which it is to depend; and all Constables or other Persons whatsoever are prohibited to leavy any Money or Provisions for the Use of that Army.

"It is well knowne to the Honnorable Houses of Parliament, that, notwithstanding they have by Ordinance setled a Course for the Pay of that Army, how ineffectuall these Meanes have proved, and that the Scottish Army hath only receaved One Moneth's Pay advanced by the Citty of London for these Eight Moneths past; and wee cannott understand how it should bee expected, that the Army should depend upon the Course settled by Ordinance of Parliament, which affords them noe Subsistence, and in the meane Tyme Free Quarter not allowed them, nor any other Meane whereby they may subsist; and unlesse they take Free Quarter, or bee otherwise provided for, wee cannott see how it can bee avoyded but that they shall either starve or disband. Wee have sent herewith a Coppy of that Declaration; and doe earnestly intreate the Houses of Parliament to consider to what Straites and Extreamityes that Army is driven, what Discouragments they meete with in the Publique Service; and that they would bee pleased to take some speedy Course, whereby that Army may bee entertayned, and the Inconveniencyes which may ensue upon such a Declaration speedily prevented: All which wee offer for noe other End, but that a good Understanding may bee kept betweene the Kingdomes, and that Army enabled to prosecute the Service against the common Enemy. And wee remaine

Worcest. House, 28 Octob. 1645.

Your very affectionate

"Freinds and Servaunts,

"Loudoun.
Balmerino.
Hew Kennedy."

"By the Standing Committees of the Three Ridings of the County of Yorke assembled together.

York Committees Declaration, against the Burchens imposed on the County by the Scots Army.

"Upon Consideration of the continual Complaints of the Inhabitants of this County, touching the intolerable Burthens imposed upon them by Order of the Commanders in the Scottish Army; it is Declared, by the special Ordinance of Parliament, there is a Course settled for the Pay of the said Army, upon which it is to depend, and whereof this County is to pay no more than the certain Proportion limited by the said Ordinance, and that to be levied by Order of certain Persons nominated and authorized as Committees for that Purpose; and that this County ought not to be charged towards the Entertainment of the Scottish Army, further or otherwise than by the said Ordinance is directed; and therefore, if any Constables assess, or other Persons whosoever shall assess or levy, any Money or Provisions, or shall execute any Warrant for such Levies, by any Authority whatsoever, other than from such Committees, or other Persons on that Behalf intrusted by the High Court of Parliament, the Persons so transgressing and invading the Liberty of the Subject of England must expect to give Account of their Doings, and to answer for the same unto the Parliament; which the said Committees have thought fit to publish, to the End that all Parties concerned may take due Notice thereof.

"Given at Yorke, the Two and Twentieth of October, Anno 1645."