DIE Veneris, 8 die Maii.
PRAYERS, by Mr. Calamy.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Articles for the Surrender of Newark.
Two Letters from the Lord Mountagu
(fn. *) 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
They were verbatim the same as were sent to this
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. *) 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.
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
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:
L. Viscount Say & Seale.
Any Three, to meet this Afternon, at Three of
the Clock, and report the same To-morrow
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?"
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:
L. Viscount Say & Seale.
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.
"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:
"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.
Balderton, 6 Maii, 1646, 4 in the Afternoon.
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.
"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
Balderton, 6th of May, Midnight, 1646.
"Most humble Servants,
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
"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
"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
"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
"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.
"Signed by us, authorized by the Commissioners for both Kingdoms.
||Signed by us, the Commissioners for the Lord Belasyse.
"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
"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.
E. of Bath bailed.
"Henricus Comes Bathon. tenetur D'no Regi in
Robertus Austen de Civitate Lond. Ar. et
"Thom. Viner de eadem Civitate London Goldsmith, Manucaptores pro prædicto Hen. Com. Bathon. tenentur dicto D'no Regi, videlicet, uterque eorum separatim in
"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. *) 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."