House of Lords Journal Volume 6: 1 November 1643

DIE Mercurii, 1 Novembris.

PRAYERS.

Lords present this Day:

The Lord Grey of Warke.

Mr. Miller to print an Account of the Battle at Newbury, in Latin.

Ordered, That George Miller, a Printer, shall have an Order of this House, for the Printing of a Book in Latin, made by, being a Relation of the Battle at Newbury, that so it may (fn. 1) be dispersed into Foreign Parts; to give them a true Relation of that Battle.

Mrs. Bringhurst, a Pass.

Ordered, That Mrs. Bringhurst shall have a Pass, to go to Oxford, to her Husband.

Mrs. Lewes; a Pass.

Ordered, That Sara Lewes, Servant to Mrs. Leigh, shall have a Pass, to go to Oxford.

Ordinance for preserving the King's Deer and Game.

Ordered, That the Deputy Lieutenants and Committees of Parliament for the Counties of Midd. and Surrey shall take Care to provide some Persons, that shall preserve the Game of Deer, Partridges, &c. which belong to the King, about any of His Houses; and this to be drawn up into an Ordinance, and sent down to the House of Commons, to desire their Consent therein.

Message to the H. C. with it.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Ayliff:

1. To desire their Concurrence in the Ordinance for Preservation of the King's Woods and Game.

with L. Willoughby's Requests;

2. To communicate to them the Desires of the Lord Willoughby of Parham.

that the Lords are inclined to free the Estate of Sir Kenelm Digby from Sequestration.

3. To communicate to them the Paper of the Informations upon Oath of Tho. Devenish, Mathew Dearley, and Adrian Randall, concerning Sir Kenelme Digby; but with a Declaration, that their Lordships desire to grant the Desires of the French Ambassador, for freeing the Estate of Sir Kenelme Digby for Sequestrations, merely for to gratify the French Queen, (fn. 2) without grounding any of their Resolutions upon this Paper, which they only offer to them.

and concerning the Committee going to Scotland.

4. To let them know, that their Lordships have nominated and appointed the Earl of Stamford to be a Committee for this House, to join with the Committees named by the House of Commons to be sent into Scotland.

Report of the Conference, concerning the Agreement with the Scots.

Next, the Speaker reported the Remainder of the Conference Yesterday with the House of Commons:

"1. Concerning the Agreement with the Scotts for their Assistance, the House of Commons have made some few Alterations therein, wherein they desire their Lordships Concurrence;" which being read, were Agreed to. (Here enter them.)

about additional Instructions to the Committee in Scotland;

2. Next was, "To desire their Lordships Concurrence in additional Instructions for the Committees in Scotland;" which were read, and Agreed to.

(Here enter them.)

about the Cessation with the Rebels in Ireland;

3. Next, "The Votes of both Houses of Parliament, concerning the Cessation with the Rebels of Ireland," were read, and Agreed to. (Here enter them.)

and about an Ordinance for making a new Great Seal.

4. Next was reported, "That the House of Commons have drawn up an Ordinance, concerning the annulling of the Great Seal now at Oxford, and the appointing of Commissioners of both Houses to keep the new Great Seal made by the Parliament, wherein they desire their Lordships Concurrence; and the rather, because that lately they have seized on Writs sent from Oxford, for proclaiming of Three Proclamations, very prejudicial to the Justice of the Kingdom, the Covenant, and the Fast."

The said Ordinance was read; and, after some Debate, it was Ordered to be committed to these Lords following, who presently withdrew, to take the same into Consideration:

Committee to consider of it.

The Messengers sent to the House of Commons return with this Answer:

Answer from the H. C.

That they will take the Desires of the Lord Willoughby into Consideration; and concerning the Earl of Stamford's going into Scotland, and the Business concerning Sir Kenelme Digby, they will send an Answer by Messengers of their own.

Ordinance for making a new Great Seal.

The Lord Wharton reported from the Committee, That they have considered of the Ordinance concerning the Great Seal, wherein they have thought fit to offer some Alterations;" which being read, this House agreed to take (fn. 3) the same into further Consideration when the House was full.

Additional Instructions, agreed upon the First of November 1643, by the Lords and Commons in Parliament, for John Earl of Rutland, Sir William Armyne Baronet, Sir Henry Vane Junior Knight, Thomas Hatcher, and Henry Darly, Robert Goodwin, and Mr. Barwis, Esquires, Brian Stapilton, and Robert Fennwicke Esquire, Mr. John Kenrick Alderman, and Mr. Francis Allen.

Additional Instructions for the Commissioners from both Houses in Scotland.

"1. You shall make known to our Brethren of Scotland, that the Propositions expressed in the Paper, Twenty-fifth of August last, sent from Scotland, concerning the Assistance desired by both Houses from that Kingdom, as also the Propositions concerning the settling a Garrison in Barwicke, have been taken into Consideration by the Two Houses; and have been by them agreed and consented unto, without any material or considerable Alterations.

2. You are therefore authorized and required, according to those Votes of the Two Houses (herewith sent you), to agree and conclude, in the Name of both Houses, the said Propositions, and to perfect the respective Treaties in that Behalf with all Expedition; and thereupon to hasten all that possible may be the Assistance expected from that Kingdom, and to suffer no further Time to be lost in that Behalf, considering what Money for the present can be raised is now sent away to them; and no Diligence shall be wanting to procure and convey to them what remains, according to the Treaty, so far as our present Streights and Extremities will possibly permit.

3. And whereas, by the said Treaties, several Things are to be performed and done by the joint Advice of both Kingdoms, or their Committees thereunto authorized, which cannot be so well transacted but by those that shall be upon the Place, you have therefore hereby full Power and Authority given you, to come into this Kingdom with the Scottish Army; and to advise, debate, and conclude with our Brethren of Scotland, or such as shall be authorized by them thereunto; and, by joint Advice with them, to put in Execution all such Matters and Things concerning the Well-ordering, Directing, Disposal, and Accommodation of the Forces brought in and employed by them for our Assistance, as shall be found requisite and needful from Time to Time, for the Prosecution of this Cause, and the Ends expressed in the Covenant now solemnly sworn and entered into in both Nations, and in the Propositions now sent unto (fn. 3) you; and you are to acquaint the Two Houses with your Proceedings and Conclusions in the same from Time to Time, and to receive and observe such further Directions from them as they shall think fit.

4. You shall also take Care, and are hereby fully authorized, to sequester, in the Counties of Nottingham, Yorke, Bishoprick of Durham, Northumberland, Cumberland, and Westmerland, and in the Town and County of Newcastle upon Tyne, in the City and County of the City of Yorke, in the Town and County of the Town of Nottingham, in the Town and County of the Town of Kingstone upon Hull, and in the Town and Port of Berwicke, the Estates of such Persons as by any Ordinance or Ordinances of Parliament are or hath been declared to be sequestrable, or shall hereafter be declared, and to proceed therein as in your Discretions you shall find to be most advantageous to the Public Service, to the Intent that the Profits arising thereupon may be employed for and towards the Payment of the said Forces, and of such Forces of this Kingdom as are or shall be raised or employed by the Two Houses of Parliament in the said Counties, Cities, and Towns, and otherwise for the defraying of such Charges as shall grow due for or by reason of their Assistance of us in this War; and you shall have Power to make Allowance to such Persons as shall be necessarily employed in the Execution of the Premises as shall be meet, and shall from Time to Time give in an Accompt in Writing of your Proceedings in this Business to both Houses; and all Lords Lieutenants, Deputy Lieutenants, and other Officers and Ministers whatsoever, are hereby enjoined and required to be aiding and assisting to you herein, as in all Things else that shall concern the Good of this Service, and the Public Interests of both Kingdoms expressed in the Covenant.

"5. And forasmuch as the Two Houses do hold it of absolute Necessity, that a Committee or Commissioners from the Kingdom of Scotland should be forthwith sent, to reside in London, or elsewhere near the Parliament, with sufficient Power and Authority to treat and conclude of all such Things as shall be necessary for the Good of the Three Kingdoms, in Pursuance of the Covenant, and of the late Treaty, with further Power to send some of themselves, or any others, by joint Consent of this Kingdom, to any the Parts beyond Seas, for the Procuring of Monies, or Engagement of other States in this Common Cause; you shall therefore with all Earnestness press this Article, as that without which the whole Business is like to become very dilatory, if not wholly fruitless.

"6. You are likewise to advise with our Brethren of Scotland of the Ways and Means whereby the Public Faith of that Kingdom may be engaged and made beneficial, for the raising and discharging of the Two Hundred Thousand Pounds to be advanced according to the Treaty.

"7. You are likewise to make known to our Brethren of Scotland the Votes of both Houses, concerning the Cessation of Ireland lately concluded by Pretence of His Majesty's Authority; and that it is the Resolution of both Houses to oppose to the utmost (as long as God shall enable them thereunto) the said Cessation; and to encourage so far as lies in their Power all those Forces, as well Scotts as other Brittish there, for the utter Subduing of the Rebels, and Prevention of their setting up Popery in that Kingdom; and, to this End, they will speedily take Care to make Provision of Victuals, Cloaths, and other Necessaries, for the Subsistence of those Forces which they will send over to them with all Speed into that Kingdom.

"8. You are also to consider with our Brethren of Scotland, of the fittest and best Ways and Means for the Ordering of the Scottish and other British Forces in Ireland, at the easiest Expence and Charge to both Kingdoms, and in such Manner as may best prosecute that War, and the Ends expressed in the Covenant; and to draw up the same in Propositions, to be presented speedily to the Consideration of both Houses; and, in the mean Season, you are authorized to settle upon some Course with our Brethren of Scotland, by the joint Advice of the Committees of both Kingdoms, to manage that War, and prevent the present Evils and Mischiefs that else might fall out for Want of the same; and speedily to make known to both Houses what you shall do herein.

"9. You are also, for the Encouragement of the Scottish Army in Ireland, to let our Brethren know, we will hasten away with all Speed the Sixty Thousand Pounds promised, the Ten Thousand Suits of Cloaths, and such other Necessaries as we shall be able to provide; and you are to treat and consider with our Brethren of Scotland of any Way that lies in the Power of the Two Houses, to give them Satisfaction for the Remainder of the Arrears owing to the said Army, it being impossible for the present to pay them in Monies.

"10. You are to cause the Accompt of the Scottish Army in Ireland, for Pay of the Officers and Soldiers, to be made up, according to the Establishment of the English Army there, from the Time of each Regiment's and Company's First Landing, and Muster by Mr. Kennedy, until the Day of Mr. Clayton's Muster, in September 1642, and from thence according to Mr. Clayton's Muster Rolls (especially such as were taken this last Year); which Accompt is to be delivered to the Auditor for the Wars in Ireland, to ingross, and to present the same to the Commons House of Parliament; and, for this End, the Clerk of the said House and the Auditor are to deliver you Certificates under their Hands of the Particulars of the said Establishment; and, if any Doubts shall arise thereupon, you are hereby authorized, according to Right and Equity, to endeavour the Removal of the same, that the Accompt may have a final Determination."

"The Votes of both Houses of Parliament:

Votes of both Houses, concerning the Cessation of Arms with the Rebels in Ireland.

"1. That both Houses of Parliament hold, that the Cessation of Arms with the Rebels in Ireland tends to the Destruction of the Protestant Religion, is dishonourable to the English Nation, prejudicial to the Interest of all the Three Kingdoms; and therefore do Declare, They neither do nor can consent or approve of any such Cessation with the Rebels, pretended to be concluded by the King's Commission.

"2. That the War be vigorously prosecuted, notwithstanding this Cessation, by all those who are employed therein, and resolved not to contribute, by consenting thereunto, unto the Destruction of the Protestant Religion, or the Dishonour of the Brittish Nation, who are so deeply concerned and engaged, in reducing those barbarous and cruel Rebels.

"3. That both Houses of Parliament, to whom the managing of that War is wholly committed, will forthwith provide a settled Course for the Maintenance of those of their Armies in that Kingdom who shall proceed in the Prosecution of this War, which Provision is immediately to be sent unto them for their better Encouragement; and that, when God pleaseth to crown their Endeavours with such Success that the Kingdom is reduced, every One according to his Condition and Merit shall be plentifully rewarded in Land.

"And whereas the Two Houses of Parliament have heretofore, and at this Instant were contriving of a constant Way of providing for the whole Armies there, they hereby Declare, That such of those Forces as shall adhere to this Cessation, having betrayed the Trust reposed in them, shall be no further taken into their Care; but that such whose Eyes shall be opened upon the Discovery of the Treachery and Ruin attending this Cessation, and shall recede from their former condescending thereunto, joining heartily with those who oppose it, shall be taken into the constant Care of the Parliament, and their appearing herein accounted as a Service most acceptable, and suitable to their former Expressions, and shall be rewarded as the rest of their Fellow Soldiers.

Concerning the Assistance to be sent by the Scots to the Two Houses.

"The Particulars concerning the Assistance desired by the Houses of the Parliament of England from their Brethren of Scotland, being delivered by the English Commissioners, the 19th Instant, to the Convention of Estates, they did thereupon give Power to their Committee to consider and debate further with the English Commissioners, of what other Propositions might be added or concluded, whereby the Assistance desired might be made more effectual and beneficial; in Pursuance whereof, the Propositions following were considered of and debated by the Committee and Commissioners aforesaid, to be certified with all convenient Speed to the Two Houses of the Parliament of England and the Convention of the States of Scotland, by their respective Committees and Commissioners, to be respectively taken into their Considerations, and proceeded with as they shall find Cause:

"1. That the Covenant represented to the Convention of Estates and General Assembly of Scotland, and sent herewith to both Houses of the Parliament of England, be sworn and subscribed by both Kingdoms, as a most near Tie and Conjunction between them, for their mutual Defence against the Papists and Prelatical Faction and their Adherents in both Kingdoms, and for Pursuance of the Ends expressed in the said Covenant.

"2. That an Army for this Purpose shall be levied forthwith, consisting of Eighteen Thousand Foot effective, and Two Thousand Horse and One Thousand Dragoons effective, with a suitable Train of Artillery, to be ready, at some general Rendezvous near the Borders of England, to march into England, for the Purposes aforesaid, with all convenient Speed; the said Foot and Horse to be well and compleatly armed, and provided with Victuals and Pay for Forty Days; and the said Train of Artillery to be fitted in all Points ready to march.

"3. The Army to be commanded by a General appointed by the States of Scotland, and subject to such Resolutions and Directions as are and shall be agreed and concluded on mutually between the Two Kingdoms, or by Committees appointed by them in that Behalf, for Pursuance of the Ends above mentioned.

"4. The Charge of levying, arming, and bringing the said Forces together furnished, as also the fitting the Train of Artillery in Readiness to march, to be computed and set down according to the same Rates as if the Kingdom of Scotland were to raise the said Army for themselves and their own Affairs; all which for the present is to be done by the Kingdom of Scotland upon Accompt; and the Accompt to be delivered to the Commissioners of the Kingdom of England; and, when the Peace of the Two Kingdoms is settled, the same to be re-paid or satisfied to the Kingdom of Scotland.

"5. This Army to be paid likewise as if the Kingdom of Scotland were to employ the same for their own Occasions; and towards the defraying thereof (it not amounting to the full Month's Pay), shall be Monthly allowed and paid the Sum of Thirty Thousand Pounds Sterling, by the Parliament of England, out of the Estates and Revenues of the Papists, Prelates, Malignants, and their Adherents, or otherwise; and, in Case the said Thirty Thousand Pounds Monthly, or any Part thereof, be not paid at the Times when it shall become due and payable, the Kingdom of England shall give the Public Faith for the paying of the Remainder unpaid, with all possible Speed, allowing the Rate of Eight Pounds per Centum for the Time of the Forbearance thereof; and in Case that, notwithstanding the said Monthly Sum of Thirty Thousand Pounds paid as aforesaid, the States and Kingdom of Scotland shall have just Cause to demand further Satisfaction of their Brethren of England, when the Peace of both Kingdoms is settled, for the Pains, Hazard, and Charges, they have undergone in the same, they shall, by Way of Brotherly Assistance, have due Recompence made unto them by the Kingdom of England, out of the said Lands and Estates of the Papists, Prelates, Malignants, and their Adherents, as the Two Houses of the Parliament of England shall think fit; and, for the Assurance hereof, the Public Faith of the Kingdom of England to be given them.

"6. And to the End the said Army, in Manner aforesaid, may be enabled and prepared to march, the Kingdom of England is to pay, in ready Money, to their Brethren of Scotland, or such as shall have Power from the Estates of that Kingdom, the Sum of One Hundred Thousand Pounds Sterling, at Leigth or Edinborough, with all convenient Speed, by Way of Advance before-hand, which is to be discounted back again unto the Kingdom of England by the Kingdom of Scotland, upon the First Monthly Allowances which shall grow due to the Scottish Army from the Time they shall make their First Entrance into the Kingdom of England.

"7. That the Kingdom of Scotland, to manifest their Willingness to their utmost Ability to be helpful to their Brethren of England in this common Cause, will give the Public Faith of the Kingdom of Scotland, to be jointly made Use of with the Public Faith of the Kingdom of England, for the present Taking-up of Two Hundred Thousand Pounds Sterling, in the Kingdom of England or elsewhere, for the speedy procuring of the said Hundred Thousand Pounds Sterling as aforesaid, as also a considerable Sum for the satisfying in good Proportion the Arrears of the Scottish Army in Ireland.

"8. That no Cessation, nor any Pacification, or Agreement for Peace whatsoever, shall be made by either Kingdom, or the Armies of either Kingdom, without the mutual Advice and Consent of each Kingdom, or their Committees in that Behalf appointed, who are to have full Power for the same, in Case the Houses of the Parliament of England, or the Parliament or Convention of the Estates for Scotland, shall not sit.

"9. That the Public Faith of the Kingdom of Scotland shall be given to their Brethren of England, that neither their Entrance into, nor Continuance in, the Kingdom of England, shall be made Use of to any other Ends than as are expressed in the Covenant, and in the Articles of this Treaty; and that all Matters of Difference that shall happen to arise between the Subjects of the Two Nations shall be resolved and determined by the mutual Advice and Consent of both Kingdoms, or by such Committees as for this Purpose shall be by them appointed, with the same Power as in the precedent Article.

"10. That, in the same Manner, and upon the same Conditions, as the Kingdom of Scotland is now willing to aid and assist their Brethren of England, the Kingdom of England do oblige themselves to aid and assist the Kingdom of Scotland in the same or like Cases of Streights and Extremities.

"11. That, during the Time that the Scottish Army shall be employed as aforesaid for the Defence of the Kingdom of England, there shall be fitted out, as Men of War, Eight Ships, whereof Six shall be of Burthen betwixt One Hundred and Twenty and Two Hundred Tons, and the other between Three and Four Hundred Tons, whereof Two shall be in Lieu of the Two Ships appointed by the Irish Treaty; all which shall be maintained at the Charge of the Kingdom of England, to be employed for the Defence of the Coast of Scotland, under such Commanders, and according to such Directions, as shall be mutually agreed upon by both Kingdoms, or their Committees appointed in that Behalf.

"The Propositions agreed on between the Commissioners of both Houses now in Scotland, and the Committee of the Convention of the Estates in Scotland, upon the Coming-in of our Brethren of Scotland, were particularly, and One by One, read; and particularly Voted and Resolved, as to the First Proposition, That the Houses do agree unto it, with the Covenant amended as now it is; and as to the Sixth and Seventh Propositions, they do consent unto them in this Manner, that is to say, to pay the Hundred Thousand Pounds as soon as they shall be enabled, either upon their own Credit or upon the Credit of both Kingdoms; and to the Eleventh Proposition, that the Earl of Warwicke do nominate the Commanders of the Ships to be employed for the Defence of the Coasts of Scotland, with the Approbation of the Committees of both Kingdoms; and that his Lordship do give general Instructions to the several Commanders of the said Ships, that they from Time to Time do observe the Direction of the Committees of both Kingdoms."

Adjourn.

House adjourned till 10^a cras.