House of Lords Journal Volume 8: 28 February 1646

DIE Saturni, 28 die Februarii.

PRAYERS, by Mr. Salawey.

Comes Manchester, Speaker.

Jennings's Protection.

Ordered, That Mr. Jenning Protection shall be renewed till the latter End of Michaelmas next.

Letter from Sir T. Glemham, inclosing One from the King.

The Speaker acquainted this House with a Letter which he received from Sir Thomas Glemham (fn. 1) to him, by a Trumpeter; which was read, as follows:

"My Lord,

"By His Majesty's Command, I have herein sent you His Letter, directed to your Lordship, to be communicated to the Two Houses of Parliament at Westm. and the Commissioners of the Parliament of Scotland. And so I rest,

Oxon, 26 Feb. 1645.

"My Lord,

"Your Lordship's humble Servant,

"Tho. Glemham.

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

Next, the Letter was read. (Here enter it.)

Mrs. Dutton's Order.

Upon reading of the Petition of Francis Dutton, Wife of Giles Dutton: It is Ordered, That the former Orders concerning the Petitioner are hereby ratified; and that they shall be obeyed in all Points, as the contrary will be answered to this House.

Message from the H. C. with Ordinances, &c. and to pass the One about Compositions at Goldsmiths Hall.

A Message from the House of Commons, by Mr. Lisle, &c.

The House of Commons have now sent up several Ordinances, which they desire the Lords Concurrence in; and that the Lords will pass an Order sent up formerly concerning Goldsmithes Hall; videlicet,

Ordinance H. Commons, for Two Thousand Five Hundred Pounds, for reducing of Dennington.

Ordinance H. Commons, for the trying of Mr. Murrey by Martial Law.

Order H. Commons, that Two Thousand Pounds be raised for the Garrison of Abington.

Order H. Commons, that Twenty Thousand Pounds for Major Le Hunt, Major Gibb &c.

Order H. Commons, that Six Hundred Pounds be raised for the Kentish Horse before Denington.

Answer.

Answer.

That the Lords will return Answer by Messengers of their own.

Order about Delinquents Compositions at Goldsmiths Hall.

Order H. Commons, touching Delinquents that make their Compositions at Goldsmithes Hall, 1^a & 2^a vice lecta, and committed:

Any Three, to meet this Afternoon, Prince's Lodgings, at Three; or Monday Morning.

Mr. Justice Rolls, Mr. Justice Bacon, and Mr. Baron Atkins, to assist.

Form of a Pardon for Delinquents.

Next, the Form of Discharge of Delinquents was read, and committed to the aforesaid Committee.

Ordinances from the H. C. agreed to.

Next, the Ordinance for paying Two Thousand Five Hundred Pounds, for reducing Donington Castle.

(Here enter it.)

Agreed to.

Next, an Ordinance was read, for paying Twenty Thousand Pounds, out of the Excise, for the Use of Three Regiments of Horse, under the Command of Major Le Hunt, Major Gibb, and Major Haynes, now before Newarke. (Here enter it.)

Read, and Agreed to.

An Ordinance for Six Hundred Pounds for the Kentish Horse employed for the reducing of Donington Castle. (Here enter it.)

Read, and Agreed to.

Message to the H. C. for a Conference on the following Subjects;

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

1. To desire a present Conference, in the Painted Chamber:

1. Concerning a Letter received from the King.

2. Concerning the Propositions.

3. Concerning the Lord Savill's Business.

to remind them of L. Grey;

4. To put them in Mind of the Letters of the Lord Grey of Warke, in regard (fn. 2) of his great and faithful Service to the Parliament and his Losses.

and Mr. Fathers.

5. To put them in Mind of the Ordinance concerning Mr. Fathers.

King's Letter to be communicated to the Scots Commissioners.

Ordered, That the Members of this House that are of the Committee of both Kingdoms do communicate to the Scotts Commissioners the King's Letter received this Day.

Major Kerle's Ordinance.

The Ordinance for making Major Kerle Governor of Monmouth, was read; and respited till Tuesday next.

The Lord Wharton reported a Paper from the Committee of both Kingdoms, and a Letter; which were read:

Cols. Fleetwood and Whalley to watch the Motions of the King's Forces about Oxford.

"Die (fn. 3) Jovis, 26 Feb. 1645.

"At the Committee of both Kingdoms, at Derby House.

"Ordered, That it be reported to the Houses, That, upon the Receipt of their Order of the 23th Instant, this Committee did forthwith give Order to Colonel Fleetewood and Colonel Whalley, to be so observant of the Motions of the Forces about Oxford and these Parts, that the Designs of the Army in the West might not be disturbed or interrupted by any Alarms into any of the Parts Westwards; yet we thought it necessary that the Forces with Colonel Whalley should be kept together as much as may be, and on the North of Oxford, to prevent the joining of the Forces of Oxford and the rest of the Garrisons of those Parts with Sir Jacob Ashley (which we have Intelligence they do intend); who, being the greatest Number of Forces that the Enemy any where hath, may, if they be increased with the Addition of these about Oxford, give the most probable Beginning to a new Army for the King: By lying there also, they are ready to hinder the marching of the said Oxford Forces, or those with Sir Jacob Ashley, toward Newarke, to interrupt that Siege; and may best also preserve the Association.

"That we have written to Colonel Fleetwood and Colonel Whaley, to send Two Hundred Horse unto a certain Place in Wiltsshire, near Farrington; and have desired the Committee of Wilts to provide Two Hundred Musketeers to be made Dragoons, for the more secure lying of those Horse; and that the House will take some Course to enable that County to raise some Horse for the Defence of the Country: All which we have reported to the House, for their Satisfaction."

Gen. Lesly's Letter and Proclamation.

Next, was read a Letter (fn. 4) of General Lesley's, and a Proclamation sent down to the House of Commons by Doctor Aylett and Doctor Heath. (Here enter them.)

Heads for the Conference about the King's Letter, L. Savill, and the Propositions.

The Matter of the Conference is to be, "To communicate to them the King's Letter, and desire it may be communicated to the Scotts Commissioners; and to let them know, that this House having passed an Order concerning the Lord Savill, and sent it down to them, their Lordships do adhere to it, and think it fit that the Lord Savill be not at further Liberty until that Order be obeyed.

"Also to let them know, That this House agrees with them in the leaving out the Clause in the Fifth Proposition, and desire the Propositions as are agreed upon may be forthwith communicated to the Scotts Commissioners."

Ordinance for trying Mr. Murray.

The Ordinance for Martial Law, to try Mr. Murray for a Spy, was read; and Ordered to be taken into Consideration on Tuesday Morning next.

Wray's Ordinance.

The Ordinance concerning the Heir of Sir Christopher Wraye, to free him from Wardship, was read.

Ordered, To be referred to the same Committee as is for the Ordinance for Gouldsmithes Hall, to prepare it, that there be no Clause therein as crosses what is already voted by the Houses concerning the Court of Wards; and to meet on Monday Morning next.

The Lords went to the Conference.

King's Letter, desiring an Answer to His former One about Peace.

"Charles R.

"His Majesty needs to make no Excuse, though He sent no more Messages unto you; for He very well knows He ought not to do it, if He either stood upon Punctilios of Honour, or His own private Interest, the one being already called in Question by His often sending, and the other assuredly prejudiced if a Peace be concluded upon what He hath already offered, He having therein departed with many of His undoubted Rights: But nothing being equally dear unto Him to the Preservation of His People, His Majesty passeth by many Scruples, Neglects, and Delays, and once more desires you to give Him a speedy Answer to His last Message; for His Majesty believes it doth very well become Him (after this very long Delay) at last to utter His Impatience, since that the Goods and Blood of His Subjects cries so much for Peace.

"Given at the Court at Oxford, the 26th of February, 1645.

"For the Speaker of the House of Peers pro Tempore; to be communicated to the Two Houses of Parliament at Westm. and the Commissioners of the Parliament of Scotland."

Order for 2500 l. for reducing Donnington Castle.

"Whereas, by Ordinance of the 4th of November last, Three Thousand Pounds were charged upon the Receipts of the Excise, in Course, for the providing of Ammunition and other Things for the reducing of Denington Castle; and whereas the Commissioners of Excise have advanced only Five Hundred Pounds, Part of the said Three Thousand Pounds, and no more hath as yet been advanced upon the said Ordinance: Now be it Ordained, by the Lords and Commons in Parliament assembled, That the Remainder thereof, being Two Thousand Five Hundred Pounds, shall be paid in Course of the said Ordinance of the 4th of November, for the Payment of the Forces before Denington Castle, and Purposes aforesaid; which Sum of Two Thousand Five Hundred Pounds the Commissioners of Excise for the Time being are hereby authorized and required to pay accordingly, unto such Person or Persons as shall be appointed to receive the same by the Committee of the Three Counties of Berks, Bucks, and Oxon, for the Uses aforesaid; and the Receipt or Receipts of the said Committee, or any Three of them, or of the said Person or Persons to be appointed by them as aforesaid, shall be their and every of their sufficient Discharge in that Behalf; and this Ordinance shall be likewise sufficient Security unto such Person or Persons, their Heirs and Assigns, as shall advance and lend the said Two Thousand Five Hundred Pounds, or any Part thereof, for their Reimbursement in Course as aforesaid, together with Interest, at the End of every Six Months, after the Rate of Eight Pounds per Centum, for so long Time as the said Monies, or any Part thereof, shall be forborn; for the Payment of which Principal and Interest unto the Advancers and Lenders thereof, their Heirs and Assigns respectively, this Ordinance, together with the Receipt of every of them, shall be a sufficient Warrant to the Commissioners of Excise, and any of them."

Ordinance for 20,000 l. for Major Le Hunt's, Major Gibb's, and Major Haynes's Horse, and Capt. Waylett's Dragoons, before Newark.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Twenty Thousand Pounds shall be paid, for the Use of Three Regiments of Horse, of Major Le Hunt, Major Gibb, and Major Haynes, and of Captain Waylett's Company of Dragoons, raised, sent out, and maintained, by the Eastern Association, lately advanced for blocking up of Newarke, and Parts adjacent, in Course after other Assignments already charged shall fall due, out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643; and the Commissioners of Excise or new Impost are hereby authorized to pay the same accordingly unto Thomas Toll Esquire, a Member of the House of Commons, or his Assigns, together with Interest for the same, after the Rate of Eight Pounds per Centum, for so long Time as the same shall be forborn, before it become due as aforesaid; and his or their Receipt to be their the said Commissioners of Excise sufficient Warrant and Discharge for the said Twenty Thousand Pounds and Interest, and every Part and Parcel thereof; and that the said Thomas Toll, or his Assigns, do pay the Money by him so received, to such Persons of the several Counties of the said Association as the Committee of Lords and Commons for the Eastern Association, or any Five or more of them, and as the Standing Committee of the several Counties of that Association respectively, or any Five or more of them, under their Hands in Writing, shall nominate and appoint, according to the Proportions of Horse assessed and set upon the Counties of the said Association respectively: Provided nevertheless, That the charging of the said Twenty Thousand Pounds upon the Receipts of the Excise shall not prejudice or postpone the Payment of any Sums of Money charged upon the said Receipts by any former Order of this House."

Order for 600 l. for the Kentish Horse before Donnington.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Six Hundred Pounds, with Interest, shall be paid, for the Use of the Kentish Horse employed before Dennington Castle, out of the Receipts on the Excise, to come in upon the Ordinance of the 11th of September, 1643, as the same shall follow in Course; and the Commissioners of Excise or new Impost are hereby authorized to pay the said Sum of Six Hundred Pounds and Interest, for the Use aforesaid, unto Mr. Skinner, a Member of the House of Commons, his Assignee or Assigns, whose Receipt or Receipts shall be a sufficient Discharge to the Commissioners of Excise, and every of them, for Payment of the said Six Hundred Pounds and Interest, and every Part and Parcel thereof, accordingly."

Letter from Gen. Leily, that he has apprehended the Officers and others complained of in his Army, and will bring them to Trial.

"Right Honnorable,

"I acknowledge with all Thankfullnes your Freedome, in acquaintinge us with the base Calumnyes and Informations invented and spread abroad against our Army; which I dare say doe proceed for the most Part from the Activenesse, Industry, and Malice of our Enemyes, of purpose to render us hatefull to our Freinds, and to divide (which God avert) the Kingdomes if possible. I have beene ever most willing to redresse the least Injury and Wrong done by any under my Comaund; and at this present have the most Part of them who are complained on by the Inhabitants of Tickhill in Prison; upon whome I shall doe Justice most severly, soe soone as any of the Crymes they are charged with shal bee proved; by which your Lordships may see how unjustly wee are delt with. In the best-regulated Armyes that ever were, there have bin Disorders and Miscarriages; neither is it to bee expected, but there have bin, and are, some in ours, considering how much wee have bin neglected in our Maintenance, that sometymes for the Space of Seaven or Eight Moneths together wee have received noe Pay. And as it is noe small Matter of Greife to me when any Miscarriage falls out, soe noe sooner is any Disorder made knowne to me, but I put it to Tryall and Examination; which is cleere in that of Tickbill, soe much agreaged: For I noe sooner heard of the Abuses said to (fn. 5) be done there, but I caused imprison the Persons complained on; I entreated the Commissioners from the Parliament to send to Tickhill some from them, where I appointed honest and able Men from our Army to meete with them, to heare the Complaints, and report to me, that I might accordingly punish or cleere the Persons complained on: These appointed by me went to the Place, but there were none there to meete with them; and the Reason pretended was, because the Inhabitants durst not complaine, as long as there were in the Place a Regiment to over-awe them (which I dare say is a Calumny); wherefore I have removed that Regiment, and have againe renewed my former Intreaty to the Commissioners, that they wil bee pleased to send some from them to Tickhill, where I shall meete them with the Persons complained on, that, if they bee found guilty, they may bee punished according to the Nature of their Faults; and, if innocent, they may bee cleered. As to that of Major Blair, it is a wild Calumny; for, since his comeing to Nottinghamsheir, he had noe Order from me to retourne to Yorksheir; neither did he retourne or quarter there since, but is yet lying with his Troopes in Darbysheir. And for our Army, notwithstanding of all the haynous Crymes wee are charged with, I dare say never Army did leave more peaceably and soberly then wee have done; and that noe Army in the Kingdome is more willing to accept of a Competency for Subsistance, and to offer themselves when comaunded with all Cheerefullnes for the Advancement of the Publique Service. I am confident that God, who knowes the Sincerity of our Hearts to this Kingdome, and the Cause wee fight for, will, in His owne Tyme, prove the Truth of this. I have sent you here inclosed a Coppy of a Declaration, which I have caused publish this last Sabboth in all the Parish Churches where our Forces lye, a Coppy whereof I have alsoe sent to the Commissioners of the Honnorable Houses of Parliament and to the Committee of Yorkesheir, which I intreate you to represent, with this Letter, to the Committee of both Kingdomes and to the Parliament; as alsoe to give Assurance to our Freinds, that whatsoever Reports may bee spread of our Army, that they notwithstanding may rest consident that there shal bee noe Disorder nor Miscarriage in it which shall not bee severly punished; and that I expect soe much Charity and Justice from them, that they will beleeve nothinge to our Prejudice upon bare and naked Informations and Reports; and that they will suspend their Judgments till due Tryall and Examination bee made; and then I doubt not but that wee shall receive good Testimonyes from our Freinds, and make our Enemyes and Accusers ashamed of their Lyes and Calumnyes wherewith they have charged us, who have and ever shall bee zealous in abhorringe and punishinge such Villanyes; and shall ever remaine

Kelham, the 22th Febr. 1646.

"Your Lordships

"Most faithfull Servaunt,

"David Lesly.

"Vera Copia,

"Jo. Cheisly."

Gen. Lesly's Proclamation, to protect the Country People, and for those that are aggrieved by his Troops to make their Complaints.

"Whereas both Houses of Parliament have lately given Order for provydinge 15,000£. per Mensem for the Maintenance of the Forces before Newarke, under my Commaund; and it is expected the Honnorable Commissioners of Parliament will take speciall Care for due Performance thereof, whereby the Army may in some Measure subsist, and bee enabled to prosecute the Service wherein they are now engaged; and whereas diverse Complaints have bin made elswhere against some in this Army, without makeinge any Addresse to us here upon the Place, who have ever beene, and shall still bee, most ready and willing to redresse all just Greivances: Wee have thought fitt to make knowne to all the Inhabitants in these Parts, that wee have issued our Edict and Proclamation, comaundinge all our Officers and Souldiers not to presume, upon Paine of Death, to offer the least Wrong or Violence to any whatsoever in their Persons or Goods; and wee doe hereby invite all such as have or shall receive any Wronge or Injury from any within this Army, to make their Repaire freely to our Quarters, to exhibite their Complaints against any of our Officers or Souldiers whatsoever: And wee doe faithfully promise, that severe Punishment shall bee inflicted upon all such as shall bee found guilty upon Tryall; as, on the other Part, wee doe expect that none wil bee soe forgettfull of their Duty, or injurious to this Army, as to make Complaints elsewhere, when Justice hath not bin denyed them upon the Place.

"Vera Copia,

"Jo. Cheisley."

Adjourn.

House adjourned till 9, Monday Morning next.