House of Lords Journal Volume 10: 28 December 1648

DIE Jovis, 28 die Decembris.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Denbigh, Speaker.

Message from the H. C. with Articles for Surrender of Scarborough Castle; and with Orders.

A Message was brought from the House of Commons, by Mr. Serjeant Thorpe, &c. who brought up these Particulars:

1. A Letter from Colonel Bethell, and the Articles of the Surrender of Scarborough Castle, with some Votes made thereupon, wherein they desire their Lordships Concurrence. (Here enter them.)

All read, and Agreed to.

2. An Order for Mr. Moreton to be Sheriff of Surrey. (Here enter it.)

Read, and Agreed to.

3. An Order for discharging the Lands of Alderman Pennington from a Statute made to Sir John Pennington. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Articles of the Surrender of Scarborough Castle, and the Votes made thereupon, and also agree to the other Particulars now brought up.

Absent Lords excused.

The Lord Dacres desired Leave for his Absence this Day, in regard he is sick, and not able to come. Which Excuse this House admitted for the present.

This was moved by the Earl of Nottingham.

The Lord Hunsdon desired Leave for his Absence this Day, in regard his Mother-in-Law is dead; promising to wait upon the House ere long. Of which Excuse this House admitted for the present.

This was moved by the Speaker, who produced his Lordship's Letter.

The Earl of Northumb. desired Leave to be excused for his Absence this Day, in regard he is in a Course of Physic for his Health. Of which Excuse the House admitted for the present.

This was moved by the Earl of Sarum.

The Lord North desired to be excused for his Absence this Day, in regard of his ill Health, and will be ready to attend this House so soon as his Health will give him Leave. Of which Excuse this House allowed of.

This was moved by the Speaker.

E. of Lincoln, Leave to be absent.

The Speaker acquainted the House, "That the Earl of Lyncolne desires Leave to go into Lyncolneshire, about his urgent Occasions there; he having not been there many Years."

Hereupon the House gave him Leave to go into the Country about his Occasions, and to be absent until the First of March next.

Preacher at the Fast thanked.

Ordered, That Doctor Temple hath hereby Thanks given him, for his Sermon Yesterday at the Fast; and is desired to print and publish his Sermon.

Order for Hooke to have a Place in the Wine office.

An Order was read, for Mr. John Hooke to have the Office Mr. Laurance Sweetenham had in the Wine Office; which, being read, was Agreed to, and ordered to be sent to the House of Commons for their Concurrence.

And accordingly it was sent down, by Sir Edward Leech and Mr. Page.

L. Wharton excused.

The Earl of Mulgrave signified to the House. "That the Lord Wharton desired to be excused for his Absence this Day, because he hath some urgent Occasions for the present."

The House allowed of this Excuse for the present.

Letter from Colonel Bethell, that Scarborough Castle had surrendered:

"To the Honourable William Lenthall Esquire, Speaker to the Honourable House of Commons.

"Mr. Speaker,

"I thought fit to send this Gentleman, Major Acklam, to acquaint you, That this Day our Forces marched into Scarrborough Castle, by Articles agreed upon by our Commissioners for the Surrender thereof, which I have herewith sent you. The Enemy marched out nigh Thirteen Score; they have left great Store of Provisions (of Rye and Butter) for at least Half a Year, nigh Fifty Barrels of Powder, and a great Quantity of Match. Their greatest Want was Shoes and Stockings. And truly we were enforced to condescend to better Terms than otherwise we should have done, had we not been ascertained of some of the Prince's Ships which were designed speedily to relieve them with Men and other Provisions; which might have been done long before, had not God prevented, by turning the Wind; these Coasts being open ever since this Siege begun. I have no more at present, but to subscribe myself,

Scarborough, 18 Decembr. 1648.

"SIR,

"Your very humble Servant,

"Hu. Bethell."

Articles for the Surrender of it.

"Articles concluded and agreed upon, the 17th Day of December, 1648, betwixt Colonel Christoph. Legard, Lieutenant Colonel Wm. Spencer, Lieutenant Colonel Barrington Bourchier, Captain Nicholas Conyeres, and Captain Jo. Lawson, Commissioners on the Behalf of Colonel Hugh Bethell, Commander in Chief of the Parliament's Forces now in the Leaguer before Scarbrough Castle; and Colonel Thomas Fairefax, Major Edward Gower, Major Thomas Reston, Captain Roger Neninson, and Captain Tymothy Wilkins, Commissioners for Colonel Mathew Boynton, Governor of that Castle on the Behalf of His Majesty; concerning the Rendition of the said Castle to the said Colonel Hugh Bethell, to the Use of the Parliament.

"1. That, upon Tuesday next, being the 19th Day of December Instant, by Nine of the Clock in the Morning, the Castle of Scarborough shall be surrendered to Colonel Hugh Bethell, Commander in Chief, and to the Use of the Parliament, with all the Arms, Ordnance, Ammunition, Provisions, and other Goods whatsoever, without Embezzlement, except what is mentioned in the ensuing Articles.

"2. That the Governor, Officers, Gentlemen, and Soldiers, in the said Castle, shall march out thereof, upon the Day and at the Hour aforesaid, with their Wearing Apparel and Money properly their own, their Colours flying, Drums beating, Muskets loaden, Bandileers filled, Matches lighted, and Bullet in Mouth, to a Close called Scarborough Comon; and there to lay down their Arms, except what is hereafter excepted.

"3. That the Governor shall march, with his Horse, and Arms offensive and defensive, and Three Servants on Horseback to attend him, with their Swords, to what Place he shall appoint; every Field Officer on Horseback, with Sword and Pistols, and Two Servants (fn. 1) on Horseback with their Swords; every Captain on Horseback with their Swords and Pistols, and One Servant to attend them; all other Commission Officers and Gentlemen on Foot, with One Pistol and Sword; and all other inferior Officers and Soldiers with their Swords, to their several Habitations; and there to remain without Molestation, submitting to all Orders and Ordinances of Parliament; and for any Thing done in order to the providing for or securing of the said Garrison to His Majesty's Service, to be freed from Arrests, or other Molestation, till the First of May next ensuing. And all Officers and Soldiers included in those Articles shall have Liberty to go, about their Occasions, to any Part of the Kingdom, except besieged Places. And in case any One of them shall desire to go beyond Sea, betwixt the Time of the Surrender of this Castle and the First of May next ensuing, Passes shall be granted to them to that Purpose. Also all such Persons, as are employed about the Affairs of this Garrison, and are not now in Custody shall have the Benefit of these Articles.

"4. That Free Quarter shall be granted to all included in these Articles, in their Passages to their several Habitations; they travelling Eight Miles on a Day, and not staying above One Night in a Place, except on the Sabbath-day; and that all sick and wounded Persons shall be provided for till they shall be recovered, and then to have Passes to their several Habitations.

"5. That all Gentlemen within the said Castle shall be suffered to pass out, with their Wearing Apparrel, Money, and Necessaries; and that Horses and other Conveniences may be brought, for their Conveyance to such Places as shall be nominated; and that all such Persons that shall desire it shall have Liberty to hire or procure Horses for their Monies or from Friends; and the said Horses to be brought, upon the Day of the Surrender, to the Backside of St. Marye's Church, in Scarborough.

"6. That all Persons included within these Articles now under Sequestration shall (fn. 1) have Liberty to compound.

"7. That all Prisoners now in Custody in the Town of Scarborough shall, upon this Agreement, be set at Liberty.

"8. In case any Officer or Soldier shall do any Thing contrary to this Agreement, they shall forthwith be delivered up to Punishment; and that the said Breach shall prejudice none but those that are guilty.

"9. That a sufficient Convoy be appointed.

"Tho. Fairefax.
"Tho. Reston.
"Edw. Gower.
"Roger Neninson.
"Tymothy Wilkins."

Moreton to be Sheriff of Surry.

"The Lords and Commons in Parliament assembled do nominate and approve of Thomas Moreton, of Croydon, Esquire, to be Sheriff for the County of Surrey; and that the Commissioners for the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Votes concerning Scarborough Castle.

"The Lords and Commons assembled in Parliament do approve of the Articles made upon Surrender of Scarborough Castle.

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the General, to take Care that the Forces late come out of Scarborough Castle, upon Surrender thereof, do not keep in a Body; but be dispersed, and sent to their Houses.

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the General, to put a Commander into Scarborrough Castle."

Order for 40 l. to the Messenger from thence.

"Ordered, by the Lords and Commons assembled in Parliament, That Forty Pounds be given, and forthwith paid, to the Messenger that brought the Letter and Articles touching the Surrender of Scarborough Castle; and that the same be charged upon Habbcrdashers Hall: And the Acquittance of the said Messenger, Major Acklam, or his Assigns, shall be a sufficient Warrant and Discharge to the Committee at Habberdashers Hall, or to such other Person or Persons as shall pay the same."

Order for disbanding the Yorkshire Militia.

"Ordered, by the Lords and Commons assembled in Parliament, That the Militia Forces of the County of Yorke be forthwith disbanded: And it is hereby referred to Major General Lambert, Sir Robert Barwicke, Mr. Ralph Rymer, Mr. Mathew Beckwith, Mr. Thomas Dickenson, Mr. Richard Robinson, Mr. Thomas Stockdale, Mr. John Stillington, Mr. Thomas St. Nicholas, Mr. John Farrer, Henry Darvy, and George Marwood, Esquires, or any Three of them, to see them disbanded accordingly. And if the said Forces refuse to disband, they are to lose their Arrears."

Order to fire Aldermen Pennington's Lands from a Statute made to Sir John Pennington.

"Whereas Isaac Pennington, Alderman of the City of London, by the Name of "Isaac Pennington, of London, Merchant," by a Writing Obligatory, or Recognizance in the Nature of a Statute Staple, bearing Date the 26th Day of April, Anno Dom. 1634, stands bound unto Sir John Pennington, of London, Knight, now deceased, for the Payment of a certain Sum of Monies; which Debt, by reason that the said Sir John was in his Life-time aiding and assisting to the Forces raised against the Parliament, was and is forfeited: Forasmuch as the said Debt is given, by Order of the House of Commons, of the 4th of May, 1647, to the said Isaac Pennington; to the End that the said Isaac Pennington and his Estate may be freed from the said Statute or Recognizance, the Lords and Commons do order and ordain, and he it Ordered, Ordained, and Declared, by the said Lords and Commons, That the said Isaac Pennington, his Heirs, Executors, Administrators, and Assigns, is, and shall be, and are hereby, wholly acquitted and discharged of and from the Debt due by reason of the said Statute or Recognizance; and do further order, ordain, and declare, That the said Writing Obligatory, Statute, or Recognizance, and all other Writings of and concerning the same, be and are void, annulled, and of none Effect, to all Intents and Purposes, against the said Isaac Pennington, his Heirs, Executors, Administrators, and Assigns; and all Clerks, and other Of ficers, who have the Keeping of any Record or Writing of and concerning the said Statute, are hereby commanded and authorized, upon shewing of this present Ordinance, forthwith to cancel, and totally raze, deface, and annul, all Records and Writings of and concerning the same: And be it further Ordained and Declared, That no Writ, Process, or Execution, be issued out against, or executed upon, the said Isaac Pennington, his Heirs, Executors, or Assigns, or the Goods or Chattels, Lands or Tenements, of the said Isaac, for or by reason of the said Statute or Recognizance: And all and every the respective Person or Persons, who shall do any Thing in Pursuance of this Ordinance, shall be saved, kept harmless, and indemnified, by Authority of Parliament."