House of Lords Journal Volume 10
30 November 1648

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1767-1830

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'House of Lords Journal Volume 10: 30 November 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 613-617. URL: http://www.british-history.ac.uk/report.aspx?compid=32959 Date accessed: 24 November 2014.


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Contents

DIE Jovis, 30 die Novembris.
Letters from Colonel Hammond, the Council of War, and Major Cromwell: Message to the H. C. for a Conference about them. Vote for banishing Three Peers: Protest against it. Judges to attend. Earl Rivers and Green. Thorold's Petition. Smith and Davies. Aylmer's Petition. Answer from the H. C. Aylmer's Composition. Message to the H. C. with the Vote for banishing Three Peers. Silver and Raynes. Oglander to be instituted to Yaverland; Agas to Chenyes; and Whitfield to Easthendred. Heads for the Conference about Colonel Hammond being put under Restraint by L. Fairfax. Letter from Colonel Hammond, that Colonel Ewers is sent to take his Command from him, by the General, &c. Warrant from Ld. Fairfax, and the Council of the Army, to Colonel Hammond, to secure the King in Carisbrook Castle. Letter from them to Colonel Hammond, with the Remonstrance presented by them to the H.C. for bringing the King to a Trial. Instructions from Col. Hammond, to Major Rolfe, and Captains Boureman and Hawes, for Safety of the I. of Wight during his Absence. Instructions formerly given by the Houses to Col. Hammond. Letter from Major Cromwell, that he will deliver the one from the Houses to Col. Hammond as soon as possible. Letter from Col. Hammond, that he has received the Letter ordering him to continue his Charge in the I. of Wight;—but that he is now under Restraint. Letter from Col. Hammond to Sir R. Dillington and Sir J. Leigh, to take Care of the Safety of the I. of Wight, and that the King is not removed from thence: His Instructions to them for that Purpose. Post Meridiem. Adjourn. Footnotes

DIE Jovis, 30 die Novembris.

PRAYERS, by Mr. Hodges.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Pembrooke.
Comes Rutland.
Comes Mulgrave.
Comes Sarum.
Comes Suffolke.
Comes Lincolne.
Comes Stamford.
Ds. Mountagu.
Ds. Grey.
Ds. Howard.
Ds. Maynard.
Ds. North.

Letters from Colonel Hammond, the Council of War, and Major Cromwell:

A Letter of Colonel Hamond, directed to the Earl of Manchester, Speaker of the House of Peers pro Tempore, dated 28th Nov. 1648. (Enter it here.)

A Copy of a Letter, signed by Jo. Rushworth, by the Appointment of the Lord General, dated 25 Nov. 1648. (Enter it here.)

A Second Copy, signed by Jo. Rushworth, by the Appointment of Lord General, dated 25th Nov. 1648. (Enter it here.)

Instructions of Colonel Hamond, touching the King, and the Safety of the Isle of Wight. (Enter it here.)

A Letter of Major Cromewell to the Earl of Manchester, Speaker House of Peers, dated 28 Nov. 1648. (Enter it here.)

A Letter of Colonel Hamond, signifying his Restraint, directed to Earl Manchester Speaker, dated the 28th Nov. 1648. (Enter it here.)

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

Mr. Doctor Heath and Mr. Eltenhead to the House of Commons, and to desire a present Conference, in the Painted Chamber, touching some Letters received from Colonel Hamond, Governor of the Isle of Wight.

Vote for banishing Three Peers:

After some Debate, whether the Votes touching the banishing of the Three Lords, videlicet, the Earl of Holland, the Lord Goringe, and the (fn. *) Lord Capell, should (fn. *) be signified to the House of Commons, to be passed by the Lords, this Vote was put; videlicet,

"As many as are of Opinion to let the House of Commons know, That this House agrees to the Votes for banishing the Earl of Holland, the Lord Goringe, and the Lord Capell, and to desire their Concurrence that they may depart this Kingdom within Ten Days, say "Content;" others to say, "Not Content"."

And Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting the aforesaid Question, these Lords following desired to enter their Dissents, if the Question were passed in the Affirmative: Which being granted, they do enter their Dissents, by subscribing their Names.

"Mulgrave. Hunsdon."

Judges to attend.

Ordered, That One Judge of every Bench shall constantly every Day, when the House fits, give their Attendance as Assistants of the said House.

Earl Rivers and Green.

Green's Answer to the Earl Rivers' Petition, read.

Ordered, That the Earl Rivers have a Sight of the said Answer, and put in his (fn. *) Answer within a Fortnight.

Thorold's Petition.

A Petition of Mr. Thorold's, read.

Ordered, To be sent down to the House of Commons.

Smith and Davies.

The Cause between Smith and Davies, upon a Writ of Error, is put off, and appointed to be heard on Saturday next.

Aylmer's Petition.

The Petition of Edw. Aylmer, read.

Ordered, To be sent down to the House of Commons.

Answer from the H. C.

An Answer returned from H. C. by Doctor Benett and Mr. Hakewile:

That they do agree with this House, for the disbanding the Forces raised in Leic'shire: And to all the rest, they will send Answer by (fn. †) Messengers of their own.

Aylmer's Composition.

The Petition of Edward Aylmer Gentleman, read, touching a Composition made at Goldsmithes Hall, desiring a Review.

Ordered, That the said Petition be sent to the House of Commons, that the Petitioner may have a Review accordingly.

Message to the H. C. with the Vote for banishing Three Peers.

A Message to the House of Commons, by Mr. Doctor Bennett and Mr. Hackett:

1. That the Lords have concurred with the House of Commons in the Votes for banishing the Three Lords.

2. Resolved, &c.

That the Earl of Holland, the Lord Goring, the Lord Capell, shall depart this Kingdom of Engl. within Ten Days next after the Date hereof; and that if the said Lords, or any of them, shall return back without Leave of both Houses, they shall be proceeded against as Traitors, and die without Mercy.

The Concurrence H. C. to be desired herein.

Silver and Raynes.

The Cause between Silver and Raynes came this Day to a Hearing at the Bar: And being the Petitioner was not ready with his Witnesses, and desiring a farther Day; Ordered, that the Cause shall be put off to this Day Sevennight; the Parties to have Notice, and attend then, with their Counsel and Witnesses accordingly.

Oglander to be instituted to Yaverland;

Ordered, That Doctor Bennett give Institution to Jo. Oglander Clerk, Master of Arts, Rec. Yaverland, in Isle Wight, in Com. South'ton, void by Cession; Eliz. Lady Richards, Patroness: Salvo Jure.

Agas to Chenyes;

Ordered, That Doctor Aylett give Institution unto Benjamine Agas, to the Rectory of Chenyes, in Com. Bucks, void by Cession; Salvo Jure: Earl Bedd. Patron.

and Whitfield to Easthendred.

Ordered, That Doctor Bennett give Institution unto Tho. Whitefeild Clerk, Master Arts, to Rec. of Easthendred, in Com. Berks, void by Death; salvo Jure: Granted by the Great Seal.

Heads for the Conference about Colonel Hammond being put under Restraint by L. Fairfax.

The Matter of Conference with the House of Commons, touching Colonel Hamond in Restraint:

"That the Lords look upon this as a Business of a very great Concernment, and of dangerous Consequence; and therefore do desire the Concurrence of the House of Commons, that it may be taken into serious Consideration, and that the General may be written unto, that Colonel Hamon may be speedily set at large, that he may go on for the looking to his Charge, according to the Command lying upon him from both Houses of Parliament."

Letter from Colonel Hammond, that Colonel Ewers is sent to take his Command from him, by the General, &c.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore. These.

"My Lords,

Since my last to you, Colonel Ewers is come into this Island. At his coming, I demanded of him to know what Instructions he had, and from whom; because, though I held myself obliged to obey the General's Commands in going to him, yet I had a Trust upon me from the Parliament, no Way, as I conceived, relating to the General or Army, which I must be faithful unto to the utmost of my Power, and careful (as much as in me lay) that the Parliament's and the Kingdom's Services might not be prejudiced in my Absence. Upon which he produced a Letter, signed John Rushworth, and, in the Name and Behalf of the General Council of the Army, ordering him to come hither; and if in case I should, according to the Commands of the General's Letter, repair to the Head Quarters, then he to secure the Person of the King in Carrisbrooke Castle, or otherwise as he should think fit; and in case I should refuse, then to do as God should direct him, giving him Power to call over other Forces. And if he should so secure Him, then, if he found any Hazard in being here, to give them Notice, and to bring the King over the Water. This was the Substance, to my best Remembrance, of his said Instructions; to which I gave him an Answer to this Effect: "That (fn. *) none whatever had Authority over me, as a Soldier, but the General (except the Parliament); neither did I hold myself obliged, or would I give Obedience to any other Authority or Person whatever; but that to the Matter of his Directions, as I conceived, I ought not to give Obedience to any save to the Parliament alone, who had intrusted me, and only had Power so to do." But further plainly told him, "That if he, or any other, should so proceed to violate my Instructions from the Parliament, whilst I continued so in Trust, I held myself bound, in Conscience, Honour, and Duty, to oppose them to my utmost; and accordingly, God assisting me, I resolved to do." This was the Substance of my Answer; upon which he is resolved forthwith to go along with me to the Head Quarters. This I hold my Duty to acquaint your Lordships with, and also what Order I have taken in my Absence for the preventing such Practices, as you will perceive by the inclosed Directions and Instructions (which, I assure your Lordships, is the all in my Power to do), that, upon the Consideration of it, your Lordships may take such further Order in an Affair of so high Concernment as to your Wisdom shall seem best. Whatever the Event be, I can say with the Testimony of a good Conscience, that in this whole weighty Business, which hath now more than Twelve Months lien upon me, I have, as in the Presence of God, faithfully and honestly discharged my Trust to the best Advantages of your Services, and not more in any Thing than in this. And if, for a Reward of it, and all other Hazard, Labour, and Blood, I have undergone and spent in your Services, I may now receive a Discharge from you of this Burden so much too heavy for me, I shall rest fully satisfied, bless my God, and thank your Lordships, and be further obliged to be, what I must be ever,

"My Lords,

Carrisbrooke Castle, Nov. the 28th, 1648.

"Your Lordships Most faithful and humble Servant,

Ro. Hammond.

"Postscript.

"Since the Writing hereof, I received the Originals of these Two Copies inclosed."

Warrant from Ld. Fairfax, and the Council of the Army, to Colonel Hammond, to secure the King in Carisbrook Castle.

"Copia.

"Whereas his Excellency the Lord General and the General Council of Officers have presented a Remonstrance to the House of Commons, setting forth the Danger and Evils of the present Treaty, and desiring, amongst other Things, that the Person of the King may be proceeded against in a due Way of Justice; and the House having as yet given no Answer or Resolution thereupon: To the End, therefore, that, by His Escape in the mean Time, the Consideration of the said Desire, or any Reasons thereof, may not be frustrated, you are hereby desired and required, that, upon Receipt hereof, you immediately secure the Person of the King in Carisbrooke Castle, in such Condition as before the Treaty; and that you continue Him so secured, until some Resolution or Answer from the Parliament to the said Remonstrance, or otherwise you shall receive further Orders from his Excellency the Lord General.

"By the Appointment of his Excellency the Lord General, and the General Council of Officers (fn. *) held at Windsor, Nov. 25th, 1648.

"Signed, Jo. Rushworth, Secr.

"To Colonel Robert Hammond, Governor of the Isle of Wight; or to Colonel Ewers, or the Chief Commander of the Forces there."

"Copia.

Letter from them to Colonel Hammond, with the Remonstrance presented by them to the H.C. for bringing the King to a Trial.

"SIR,

"The Providence of God, together with the Sense which He hath been pleased to set upon our Hearts concerning the Condition of the Affairs of the Kingdom, in relation to the Treaty, hath led us to prepare and present a Remonstrance to the House of Commons, which we send herewith to you. We have found a general Concurrence to the same Things throughout the Army and several Counties; and we desire, as the Remonstrance and the Things contained therein shall close with what God hath set upon your Hearts (which we doubt not of), that you will in a public Way express to the General your and your Forces Approbation thereof, and Concurrence therein.

"By the Appointment of the General Council of Officers, (fn. *) held at Windsor, Nov. 25, 1648.

"Signed, Jo. Rushworth, Secr.

"For Colonel Hammond, Governor of the Isle of Wight."

Instructions from Col. Hammond, to Major Rolfe, and Captains Boureman and Hawes, for Safety of the I. of Wight during his Absence.

"By Robert Hammond Esquire, Captain and Governor of the Isle of Wight.

"Orders and Instructions to Captain Thomas Bowreman, Major Edmund Rolph, and Captain Hawes, for the Safety of this Island, and Care of the King's Person, in order to Instructions of both Houses of Parliament, Die Jovis, 24 Augusti, 1648, directed to me to that Purpose.

"Whereas his Excellency the Lord General having commanded my speedy Attendance at the Head Quarters; in Order to which Commands, I resolve forthwith, God willing, to begin my Journey: These are therefore to desire, order, and appoint you, the said Captain Thomas Bowreman, Major Edmund Ralph, and Captain Hawes, to take the Care of the Person of the King, and this Island, according to the annexed Instructions from both Houses of Parliament directed to me, and these following in Pursuance of them; and you, or any Two of you, are hereby authorized to act accordingly until my Return, or that you receive other Directions from the Parliament. I have desired and appointed the Two Regiments of the Trained Bands of this Island to be assisting to you unto these Ends: And I do hereby further require all other Officers and Soldiers of the Army in this Island, and of those Two Companies raised in this Island for the Defence of it, likewise all Captains and Governors of Forts and Castles in this Island, as also all Captains and Officers of Ships appointed for the Guard of this Island, to observe your Directions, in order to the Ends aforesaid:

1. That you endeavour to the utmost, by all lawful Ways and Means, to preserve the Peace of this Island.

2. That if any Person whatever, under what Pretence soever, shall endeavour the removing of the Person of the King out of this Island, unless by direct Order of Parliament, that you resist, and to your utmost oppose, any such Persons; and that you use your best Endeavours to secure the Person of the King from being taken out of this Island, according to the annexed Instructions of Parliament directed to me, until the Parliament shall give further Order.

"3. That you suffer no Persons whatever in this Island, in such Numbers as may endanger the Peace of it, or the Violation of the annexed Orders of Parliament.

"4. That, if Occasion shall require, you give Notice, and call to your Assistance the Trained Bands; or, if you see Cause, all other Inhabitants of this Island; who are instructed to that Purpose, according to the Ends of these and the annexed Instructions of Parliament.

"5. That, in order to the Ends aforesaid, you give Orders, and command all Officers and Soldiers of the Army now in this Island, the Two Companies lately raised in this Island, all Captains and Governors of Forts and Castles in this Island, all Ships riding before it, all Boats and Barks belonging to it, or on the other Side the Water, as you shall see Cause.

"6. That you act and do all other Things that of Right appertain and belong to me, as Captain and Governor of this Island, in order to the Ends beforesaid, until my Return, or you receive other Orders from the Parliament.

"Given under my Hand and Seal, this 27th of November, 1648.

"Ro. Hammond."

Instructions formerly given by the Houses to Col. Hammond.

"Die Jovis, 24 Aug. 1648.

"Instructions for Colonel Ro. Hammond, Governor of the Isle of Wight.

"1. Resolved, by the Lords and Commons in Parliament assembled,

"That the Place for the Treaty shall be the Town of Newport, in the Isle of Wight, where His Majesty shall be in the same State and Freedom as He was in when He was last at Hampton Court, according to the ensuing Instructions.

"2. Resolved,

"That no Person excepted by the Two Houses of Parliament from Pardon, or under Restraint, or in actual War against the Parliament by Sea or by Land, or in such Numbers as may draw any just Cause of Suspicion, shall be permitted to come or remain in the said Isle, during the King's Residence there.

"3. Resolved,

"That no Person who hath been in Arms, or assisted in this unnatural War, against the Parliament, shall be permitted to come into any Fort or Castle in the said Isle, during the King's Residence there, although he be an Inhabitant, and hath compounded with the Parliament.

"4. Resolved,

"That no Stranger, or Person of a Foreign Nation, shall be permitted to come into the King's Presence, without the Order of both Houses of Parliament; and that, if the King shall please to send for any of the Scottish Nation, to advise with Him concerning the Affairs of the Kingdom of Scotland only, the Governor shall permit them, having safe Conduct from both Houses, to come to His Majesty.

"5. Resolved,

"That Colonel Hammond take Care that there be a sufficient Guard for the Safety of the Isle of Wight, and to hinder the taking away the King's Person from thence.

"6. Resolved,

"That His Majesty be desired to pass His Royal Word, to make His constant Residence in the Isle of Wight, from the Time of His assenting to treat, until Twenty Days after the Treaty ended, unless it be otherwise desired by both Houses of Parliament; and that, after His Royal Word so passed, and His Assent given to treat as aforesaid, from thenceforth the former Instructions of 16 Novembr. 1647, be vacated, and these observed; and that Colonel Hammond be authorized to receive His Majesty's Royal Word, passed to the Two Houses of Parliament, for His Residence in the Isle of Wight, according as is formerly expressed; and shall certify the same to both Houses.

Jo. Browne, Cleric.Parliamentor.
H. Elsinge, Cler.Parl. Dom. Com.

Letter from Major Cromwell, that he will deliver the one from the Houses to Col. Hammond as soon as possible.

"For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore. These present.

My Lord,

"Colonel Hammond, when I came from him, resolved to be at the Head Quarters as last Night or this Morning, and appointed me to meet him here; upon which Consideration, having received your Orders to be conveyed unto him, I thought that to come this Way by the Head Quarters was the surest Way not to miss him, in case he should according to his Purpose be come away from the Island before I could get thither. I coming hither somewhat late last Night, when I found Colonel Hammond not come, I went hence, intending to have got again into the Post-road, and so to have hasted on; and having forgot to get the General's Pass, which I did not know beforehand to be so needful, I was for Want of a Pass stayed, and brought back by the Centries about the Head Quarters; and the Castle Gates being shut, and Bridge drawn and lock'd, and Keys gone up to the Governor, so as I could not send in to the General, was stayed here till this Morning. I am now going with what Speed I can, and hope the Time for your Orders is not lost, Colonel Hammond being not yet come hither as he appointed, so as I presume he has already altered his Purpose since my coming from him.

My Lord,

November the 28th, 1648.

Your Lordship's

Most humble Servant,

"Oliver Cromwell."

Letter from Col. Hammond, that he has received the Letter ordering him to continue his Charge in the I. of Wight;—but that he is now under Restraint.

"For the Right Honourable the Earl of Manchest'r, Speaker of the House of Peers pro Tempore. These.

My Lords,

"Being at Farnham, on my Journey to the Head Quarters, in Obedience to the General's Commands, I there met with your Lordship's, brought to me by Major Cromwell, enjoining me to reside in the Isle of Wight; to which I shall yield immediate Obedience, by making my present Return thither, though I must needs say with great Sadness of Heart, because I had hoped and expected that, according to my most earnest Desires, you would have been pleased to have freed me of my grievous Burden I have so long been pressed under; my Unfitness for which is such, for many Reasons, that I yet hope, upon your further Consideration of me, you will please to set me at Liberty, it being so much for the Advantage of your Lordships Affairs. This therefore I must still leave with your Lordships, as the most hearty Desire of,

My Lords,

Farnham, Nov. 26th, 1648.

Your Lordships

"Most faithful and most humble Servant,

Ro. Hammond.

"Postscript.

My Lords, This being written before my Restraint, should the last Night have gone towards you; but those under whose Custody I now am did not (it seems) think it fit to let it pass until now. I have given you an Account of my Imprisonment in a Letter by another Hand, which I hope is before this come to you.

Bagshott, Nov. 29th, 1648.

Letter from Col. Hammond to Sir R. Dillington and Sir J. Leigh, to take Care of the Safety of the I. of Wight, and that the King is not removed from thence:

"Instructions for Sir Robert Dillington Baronet, Colonel of the Eastmedham. These.

"The like sent to Sir John Leigh, Colonel of the Westmedham.

SIR,

"His Excellency the Lord General having commanded my speedy Repair to him to the Head Quarters, and having the Commands of Parliament lying upon me, to take Care that a sufficient Guard be provided by me for the Security of this Island, and that the King's Person be not removed hence; intending suddenly, God willing, to take my Journey thitherward: I have thought fit to leave these inclosed Instructions with you, desiring you to observe them with all Care and Diligence, and to communicate and give them in Orders to the several Captains of your Regiment. I am,

Carrisbrooke Castle , November the 27th, 1648.

Sir,

Your very affectionate Friend and Servant,

Ro. Hammond.

His Instructions to them for that Purpose.

By Ro. Hammond Esquire, Captain and Governor of the Isle of Wight.

"Orders for the Safety of this Island, and to hinder the taking away of the King's Person from hence.

"1. That you diligently observe the last Orders given to you by me, according to ancient Custom, in order to the Safety of this Island, and these following, until my Return, or you receive other Orders by the Authority of the Parliament.

"2. That you endeavour to the utmost, by all lawful Ways and Means, to preserve the Peace of this Island.

"3. That if any Person whatever, under what Pretence soever, shall endeavour the removing of the Person of the King out of this Island, unless by direct Order of Parliament, that you resist, and to your uttermost oppose any such Persons; and that you use your best Endeavours (if Occasion may require) to secure the Person of the King from being taken out of this Island, according to the annexed Instructions of Parliament directed to me, until the Parliament shall give further Order.

"4. That you suffer no Persons whatsoever to land in this Island, in such Numbers as may endanger the Peace of it, or the Violation of the annexed Orders of Parliament.

5. That you be aiding and assisting to Captain Thomas Bowreman, Major Edmund Rolph, and Captain Hawes, or any Two of them, whom I have instructed and intrusted to act in my Absence, in order to the annexed Instructions, and other Affairs of this Island, until my Return, or other Orders from the Parliament.

"Given under my Hand and Seal, this 27th of November, 1648.

"Ro. Hammond."

Post Meridiem.

Comes Manchester, Speaker.

Comes Sarum.
Comes Nottingham.
Ds. Mountagu.

Adjourn.

Adjourned till 10a cras.

Footnotes

* Deest in Originali.
* Origin. said Answer.
Origin. Mr. Messengers.
* Origin. I none.
* Origin. heed.
* Origin. heed.