House of Lords Journal Volume 8: 8 May 1646

DIE Veneris, 8 die Maii.

PRAYERS, by Mr. Calamy.

Comes Manchester, Speaker.

Articles for the Surrender of Newark.

Two Letters from the Lord Mountagu (fn. 1) were read, with the Articles of the Surrender of Newarke. (Here enter them.)

Letters concerning it.

The Earl of Manchester reported to this House some Letters which were sent to the Committee of both Kingdoms, which were read; which were sent from the Commissioners.

They were verbatim the same as were sent to this House.

L. Valentia and Sir P. Manwaring.

Ordered, That the Lord Valentia' Business shall be considered on Tuesday Morning next.

Harford and Hasewell.

Ordered, That the Cause between Harford and Hasewell shall be heard To-morrow Morning.

Scots Commissioners desire that Newark may be surrendered to the English Commissioners there.

The Earl of Manchester reported a Letter from the Committee of both Kingdoms, written from the States of Scotland; which was read. (Here enter it.)

And then the House was made acquainted, that it was the Desire of the Scotch Commissioners, "That this House should understand, that the King offering that the Garrison of Newarke should be surrendered to the Hands of the Scotts and English Commissioners; they made it their Desire to the King, that it might be surrendered into the Hands of the Commissioners of the Parliament of England, for the preserving the good Correspondency between the Two Kingdoms, and preventing of Jealousies."

Next, was read a Paper from the Scotch Commissioners, as follows:

Paper from the Scots Commissioners, desiring that Orders may be given to stop the March of 5000 Horse, who are on their March to Newark.

"The Letter from the Committee of Estates of the Kingdome of Scotland residing with the Scottish Army directed to the Commissioners of both Houses, and their Letters to the Committee of both Kingdomes, which we have received this Morning, we are confident, will give full Satisfaction to the Honorable Houses, that His Majesty's coming to their Quarters was unexpected; and their persuading of Him to give His Consent to the Surrender of Newarke to the Committee of both Kingdomes for the Use of the Parliament will, we doubt not, be taken by the Houses as a sufficient Testimony of their Faithfullnes, and the Sincerity of their Intentions and Resolutions, which, we are persuaded in our Hearts, are no other then they have ben from the Beginning of this Cause; to the prosecuting whereof, according to the Covenant and Treaty, they have and will ever limitt themselves in all their Endeavours.

"The earnest Desire we have, according to our Comission and the Trust reposed in us to prevent all Misunderstandings betweene these Kingdomes, soe happily conjoyned and soe neerly tyed by the solemne League and Covenant, hath inforced us to make knowne to the Honorable Houses what we heare comonly reported, concerning 5000 Horse and Dragoones to have ben Yesternight as farr as Banbury, upon their March toward Newark, notwithstanding it is every where knowne that Garrison was upon a Treaty, and is now to be surrendred Tomorrow to the Comissioners of the Parliament, and none of the Scottish Forces to be placed therein; which being considered, and that there is no Force of the Enemies in those Parts, we doe earnestly desire, that the Honorable Houses would be pleased to cause stop their March, and to prevent every Thinge which may give just Cause of Jealousy, or any Waies weaken the good Correspondency, or lessen the Confidence, that is betweene the Kingdomes; and as the Committee of the Army hath declared that they are free of all Capitulations or Treaties with His Majesty, soe do we for our Parts declare the same to the Honorable Houses and all the World, and that His coming to that Army was strange and (fn. 2) unexpected to us, whereof we never heard till the Letters came to the Houses from their Comissioners upon the 6th of this Instant; and we doe solemnly protest and assure, that it is our firme and constant Resolution, never to swerve in the least from the Covenant and Treaty, but to apply our Thoughts by joynt Advise to doe every Thinge which may procure and settle a happy and well-grounded Peace.

8 May, 1646.

"By Command of the Commissioners for the Parliament of Scotland.

"Jo. Cheislie."

To be communicated to Sir T. Fairfax, who is to send no Forces to Newark.

The House taking these Papers into Consideration;

This Question was proposed,

"That the present Letters from the Commissioners of Parliament, and from the Commissioners of Estates of Scotland residing with the Scotch Army before Newarke, and the Paper delivered in this Day by the Scotch Commissioners, be made known to Sir Tho. Fairefax; and that it be signified unto him, That this House thinks fit that he should not send any Forces to Newarke."

Which being read;

This Question was put, "Whether that this Question should be put?"

It was Resolved in the Affirmative.

And accordingly the aforesaid Vote was read, and Resolved in the Affirmative.

Message to the H. C. for a Conference about it.

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

To desire a Conference, in the Painted Chamber, To-morrow Morning, at Ten of the Clock, concerning some Letters from the Commissioners in the Army at Newarke, and Letters from the Estates of Scotland in the same Army; and concerning a Paper sent in this Morning to this House, from the Scotch Commissioners at London.

Committee to draw up a Letter to the King, for all Garrisons to be slighted, and Forces disbanded.

Ordered, That these Lords following shall consider of drawing up a Letter, to be sent to the King, from both Houses, "That all Garrisons may be slighted and dismantled; and all Armies and Forces, both in England, Scotland, and Ireland, and all other Forces whatsoever that have any Commission from the King, may be speedily disbanded;" and the Consent of the Scotch Commissioners to be desired herein, when the Letter hath passed both Houses:

Any Three, to meet this Afternon, at Three of the Clock, and report the same To-morrow Morning.

Vote of the H. C. for disposing of the King's Person.

Next, the House took into Debate the Votes which were brought from the House of Commons at the last Conference, concerning the Person of the King now being in the Scotch Army.

And this Vote following was read; videlicet,

"Ordered, by the Lords and Commons assembled in Parliament, That it be desired of the Scotts Commissioners of the Parliament of Scotland residing with the Scotts Army before Newarke, and also of the General of the Scotts Army there, that the Person of the King may be disposed of to such a Place within this Kingdom as the Two Houses of Parliament shall appoint."

And the Question was put, "Whether this House doth agree to this Vote as it is brought up from the House of Commons?"

Rejected.

And it was Resolved in the Negative.

Protest against it.

These Lords following, before the putting of this Question, desired Leave of the House to enter their Dissents and Protestation, if the Question be carried against their Votes; and Leave was granted them:

Then this Vote was read:

The King to be carried to Warwick Castle.

"Ordered, by the Lords and Commons assembled in Parliament, That the Place to which the Person of the King shall be disposed, shall be Warwicke Castle."

This was not Agreed to, by the unanimous Consent of the House.

Lords Protest against rejecting the Vote of the H. C. about disposing of the King's Person.

"The Protestation:

"It being put to the Question, "Whether this House would agree with this Vote as it came up from the House of Commons; videlicet,

["Ordered, by the Lords and Commons assembled in Parliament, That it be desired of the Scotts Commissioners of the Parliament of Scotland residing with the Scotts Army before Newark, and also of the General of the Scotts Army there, That the Person of the King may be disposed of to such a Place within this Kingdom as the Two Houses of Parliament shall appoint."]:

"We (whose Names are underwritten, having, before the putting of the aforesaid Question, demanded our Right of Protestation, if the Question were carried in the Negative, as it was), finding by Letters of the 6th Instant from the Commissioners of the Parliament of England near Newarke, this Day read in the House of Peers, that strict Guards were kept by the Scotts Army about the House where the King then was, and none suffered to have Access to His Person without their Permission, do conceive this to be a Matter of so high Concernment both to the Parliament and Kingdom, that, in such a Case, the Houses of Parliament should not desire that the Person of the King of England may be disposed of to such a Place within this Kingdom as the Houses should appoint; that, to clear ourselves from the ill Consequences that may ensue thereupon, have thought fit to enter this our Dissent and Protestation against it; which we do accordingly:

"A. Northumberland. H. Kent. Pembroke & Mont.

"C. Nottingham. Salisbury. B. Denbigh.

Middlesex. W. Say & Seale.

P. Wharton. Grey of Werk. Ed. Howard."

Letter from the Committee near Newark, that the Scots keep a strict Guard over the King.

"For the Right Honourable the Committee of both Kingdoms, at Darby House. These: Westm'r.

"My Lords,

"Yesternight, about Six a Clock, we met with the Scotts Commissioners in the Meadows betwixt Kellam and Farnton; and they told us the King was come to Kellam, to Lieutenant General David Lesly's Quarters, and that they had been with Him there; but could not acquaint us with their Resolutions till this Morning. Strict Guards are kept on the Scotts Side near Kellam, and about the House where the King now is; and none suffered to have Access to His Person without their Permission; only Monsieur Montrell, in regard he is an Agent for the French King, they cannot deny him to speak with the King at Pleasure. But my Lord General and the Committee assure us this Morning, they will be very careful that nothing shall be done to the Prejudice of the Interest of either Kingdom; and that they have acquainted the Committee of Estates of Scotland and your Lordships with the King's coming into their Quarters, and intend to keep him in their Army till Advice from them; and further acquainted us, that the King told them, He would signify to the Parliament what His Intentions were. We shall give your Lordships a further Account from Time to Time.

"Your Lordships

Balderton, 6 Maii, 1646, 4 in the Afternoon.

"Humble Servants,

"Edw. Mountagu.

"Wm. Pierrepont.

W. Armyne.

"Edw. Ayscoghe.

Antho. Irby.

"Tho. Hatcher."

Letter from them, that Newark had surrendered; and desiring to know how the Forces before it were to be disposed of.

"To the Right Honourable the Committee of both Kingdoms at Darby House.

"My Lords,

"The Treaty for Surrender of Newarke is this Night concluded; a Copy of the Articles is here inclosed sent. We beseech your Lordships that we may receive your speedy Resolutions for disposing the Scottish Army, and have your Lordships Assistance to the Houses, that some Money may be speedily sent to us for them. These Parts are exhausted, and very great Inconveniencles will not else be prevented. We humbly desire to know the Commands of the Houses, or of your Lordships, to their Forces here; which will be readily obeyed, and a good Account (we are confident) be given of them wheresoever they go, for Fidelity, Courage, and good Discipline. We assure ourselves, the Houses, who give the Glory to God (to whom all Praise is due) for their Successes, will appoint a Day of Thanksgiving for this His Blessing.

"Your Lordships

Balderton, 6th of May, Midnight, 1646.

"Most humble Servants,

"Ed. Mountagu.

"Wm. Pierrepont.

W. Armyne.

"Edw. Ayscough.

Anth. Irby.

"Tho. Hatcher."

Articles for the Surrender of Newark.

"Articles agreed and concluded, the 6th Day of May, 1646, between the Commissioners hereunder named, authorized by the Committee of the Parliaments of both Kingdoms of England and Scotland on the one Part; and the Commissioners hereunder named, authorized by the Right Honourable John Lord Belasyse Governor of Newarke, Lieutenant General to His Majesty of the Counties of Nott. Lyncolne, and Rutland, and Governor of the Town and Castle of Newarke, of the other Part; touching the yielding and surrendering of that Garrison, and the Castle, Forts, and Sconces thereunto belonging, to the Committees of both Kingdoms, for the Use of the Parliament of England.

"1. First, That the Town and Garrison of Newarke, with the Castle, Forts, Sconces, Ordnance, Mortar-pieces, Arms, Ammunition, Provisions, and Necessaries of War (not hereafter excepted), be surrendered on Saturday next, by Ten of the Clock, into the Hands of the Committee of both Kingdoms, or whom they shall appoint, for the Use of the Parliament of England, without embezzling any of them.

"2. That the Governor of the said Garrison, the Lord Belasyse, shall march away, with his Servants, Horses, Arms, and their proper Goods, to any Garrison he shall name, not besieged or blocked up, or to his own House, there to remain unmolested, submitting to all Ordinances of Parliament; and also that the said Lord Belasyse shall have Liberty, upon Desire, any Time within Three Months, to pass beyond Sea, and to have Passes granted for himself and his Servants accordingly.

"3. That all Officers in Commission, or that have formerly been in Commission, shall march away, with their Horses, Arms, and their proper Goods; the Common Soldiers, Horse and Foot, with their Money, Cloaths, and Swords; to any Garrison not besieged or blocked up, or to their own Houses, as they shall make Choice of; and those that have not Money, to have Free Quarter in their March, and not to march above Ten Miles in One Day, unless they please; and to have Convoys and Carriages provided for carrying away their Goods, Hostages being given for the Return of the Convoy and Carriages; and such Goods as cannot be removed, the Owners shall have Three Months Liberty to dispose of them.

"4. That all such Officers and Gentlemen now in the Garrison, who shall desire to depart this Kingdom, shall, upon signifying thereof to the Commissioners of both Kingdoms any Time in Three Months, have Passes for that Purpose, for themselves and Servants; engaging themselves during their Stay to do no Disservice to the Parliament.

"5. That all such Officers and Soldiers, as, by reason of Sickness, Wounds, or otherwise, are not able to march out at the Time appointed, shall have Liberty to stay in the Town, or some other convenient Place, till they be recovered; and such as are not able to provide Maintenance for themselves, shall have Care taken of them.

"6. That all Noblemen and Gentlemen in the said Garrison shall have Liberty to march forth of the same with their Horses, and Arms, and their known menial Servants with their Horses and Swords, to their own Houses, there to remain unmolested, submitting to all Ordinances of Parliament; and to have Liberty to carry away their own proper Goods then, or at any Time within Three Months, or to have Passes for themselves and Servants to go beyond Sea, upon Desire, within Three Months; and in the mean Time to engage themselves to do nothing to the Disservice of the Parliament.

"7. That all Clergymen in the said Garrison shall have Liberty, with their Horses, Servants, and their own proper Goods, to march to any Garrison unblocked up, or not besieged, or to their own Houses, there to remain unmolested, submitting to all Ordinances of Parliament.

"8. That the Mayor, Aldermen, and Inhabitants of the said Garrison shall not be molested, in their Persons, Privileges, Goods, or Estates, submitting to all Ordinances of Parliament; but enjoy the same Liberties, and to have the same Protection, as all other Towns have which are under the Power of the Parliament.

"9. That the Ladies, Gentlewomen, Wives, Widows, Children, and Servants, belonging to any of the Persons mentioned in the former Articles, or any others, shall have Liberty to march forth of the said Garrison, with their Coaches, Horses, and proper Goods, as in the Sixth Article; and if any of them, by reason of Sickness, or any other just Reason, cannot march forth, then they shall have Liberty to stay there till their Recovery, and then to depart unmolested.

"10. That all Prisoners now in the said Garrison, Castle, or Forts, or any other Prisoners of War taken by either Party since the Siege began, shall forthwith, upon signing these Articles be set at Liberty, unless they be detained for Criminal Offences charged upon them not as Soldiers.

"11. That all Persons comprized within these Articles, grounded upon the Summons of the 27th of April which begat this present Treaty, be recommended to compound with the Parliament for their Estates, as coming in before the First of May, so as they do effectually prosecute such Compositions within Two Months next ensuing the Date hereof.

"12. If any of the Persons abovementioned shall violate any of these Articles, or any Part of them, they shall lose the Benefit of all the said Articles.

"13. Lastly, That, for the Performance of these Articles, Hostages be mutually given; and that a Cessation of Arms be continued by both Sides till till the Time of Surrender, according to these Articles: And that Guards and Convoys be appointed, to protect the Gentlemen and Soldiers in their March from Violence.

"Alexander Popham. Marm. Darcy.

Francis Thornhaghe. Jer. Nevile.

J. Hutchinson. Tho. Ingram.

Walter Scott. Bry. Palmes.

Hen. Grey. A. Eyre.

Rich'd Thorneton. J. Atkins.

Gilbert Carr. Antho. Gilby.

Philip Twisleton. Symeon Fanshawe.

H. Dowglas. Hugh Cartwright.

Jo. Archer. Edward Standish."

Letter from the E. of Leven, and the the Scots Commissioners with their Army, concerning the King's coming to them.

"For the Right Honnorable the Committee of both Kingdomes.

"Right Honnorable,

"The earnest Desire wee have to keepe a right Understanding betweene the Two Kingdomes moves us to acquaint you with that strange Providence wherewith wee are now surprised, togeather with our Carriadge and Desires thereupon. The King came into our Army Yesterday, in soe private a Way, that, after wee had carefully made Search for Him (upon the Surmises of some Persons who pretended to knowe His Face), yet wee could not find him out in sondry Howers: And wee beleeve your Lordships would thinke it was Matter of much Astonishment to us, seing wee did not expect He would have come into any Place under my Power. Wee conceived it not fitt to inquire into the Causes that perswaded Him to come hither; but to indeavor that His beinge here might bee improved to the best Advantage, for promoveing the Worke of Uniformity, for setling of Religion and Righteousnes, and attayning of Peace, according to the League and Covenant and Treaty, by the Advise of the Parliaments of both Kingdomes, or their Commissioners, for that Effect: Trusting to our Integrity, wee doe perswade ourselves that none will soe farre misconstrue us, as that wee intended to make Use of this seeminge Advantage, for promotinge any other Ends then are exprest in the Covenant, and have bin hitherto pursued by us with noe lesse Conscience then Care; and yet, for the further Sattisfaction, wee doe ingeniously declare, that there hath bin noe Treaty nor Capitulation betwixt His Majesty and us, nor any in our Names; and that wee leave the Wayes and Meanes of Peace unto the Power and Wisdome of the Parliaments of both Kingdomes; and soe farre as concernes us (as wee have a Wittnesse in Heaven, soe wee are confident to make it appeare to the World), that there is nothing more in our Desires, then, in all our Resolutions and Proceedings, to adhere to the Covenant and Treaty. Our gravest Thoughts shall bee taken upp in studdying, and our uttmost Abilityes imployed in actinge, those Things that may best advance the Publique Good and common Happines of both Kingdomes, wherein, by the Helpe of the Most High, wee shall labour to use soe much Tendernes and Care, that wee hope it shall soone appeare our Actions have bin the Issue and Result of honest and single Intentions; and further wee cannott (in a Matter of soe deepe Consequence and common Interest) but seeke your Lordships Advise; for which Effect, wee have alsoe written to the Committee of Estates in Scotland, with Intention to move, by your joynt Councells and Resolutions, That now at last, after soe bitter a Seede-tyme of many Afflictions, wee may reape the sweete Fruits of Truth and Peace; and in this Confidence wee remaine

"Your Lordships humble Servaunts,

Southwell, 6 Maii, 1646.

"Leven. Donfermelin. Lothian.

H. Balcarres. D. Homes. T. Sparr.

Frerland. W. Lendonyis.

John Jhonston."

E. of Bath bailed.

"The Condition, That the said Earl of Bath shall appear in the House of Peers within Two Days next after Notice shall be given at his House at Lincolne's Inne Feilds, and to have Liberty within the Lines of Communication, and Ten Miles distant from the Lines, and no farther, to take the Air, for his Health's Sake; and to go about his Occasions as he shall think fit."

"An Ordinance of the Lords and Commons assembled in Parliament, for raising of Five Hundred Pounds, out of Papists and Delinquents Estates, for Relief of John Lewys, late of Clara, in the County of Kilkenny, in the Kingdom of Ireland, Gentleman.

Ordinance for 500£. to Mr. Lewis, out of Papists Estates.

"Whereas, by Certificate of the Lords Justices and Council of Ireland, given at His Majesty's Castle of Dublin, the 16th Day of June, 1643, we understand that the said John Lewis hath done very good and laudable Services, as well in surprizing of many the strong Holds and Castles of the Rebels, as in Field Battles, until by an (fn. 3) unfortunate Shot in the Head he lost his Sight, and was utterly disabled for doing any further Service:

"We, therefore, taking the Premises and other the Losses of the said John Lewis into Consideration, and intending to provide for him some Relief and Support in this his sad Condition, do Ordain, and be it hereby Ordained, by us the said Lords and Commons, That the Estates of such Delinquents and Papists sequestrable by Ordinance of Parliament, and not yet sequestered, as shall by the said John Lewis or his Agents be discovered, shall be forthwith sequestered, and paid unto him or his Assigns; and that also such Monies, Goods, and Estates, heretofore sequestered by him and his Agents Discovery, shall be forthwith paid unto him: Provided, That the same, so to be received by the said John Lewis or his Assigns, exceed not the Sum of Five Hundred Pounds (all Charges excepted); which said Money is from Time to Time to be paid to the said John Lewis or his Assigns, as the same shall be raised by the several Committees of Sequestrations, who are to sequester the same; and is to pass through the Hands of the Committee for Sequestrations of Westm. sitting in Canon Row, to whose Care the Business is recommended, according to the Premises."