Historical Collections of Private Passages of State: Volume 6, 1645-47. Originally published by D Browne, London, 1722.
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Chap. IX. Of the Surrender of Oxford, Worcester, Wallingford-Castle, Raglan, and Pendennis-Castle.
Whilst the Scots are at ease, quartering on the Northern Counties (whence lamentable Complaints daily arrived of the Grievances the poor Inhabitants suffered by them) and whilst his Majesty is under their Power, residing at Newcastle, let us look back to the Proceedings of Fairfax and his Army in other Parts of the Kingdom.
On the First of May, 1646. being that Day Twelvemonth that the new-model'd Army first took the Field, General Fairfax came the second Time before Oxford, wherein were Prince Rupert, Prince Maurice, and many of the Prime Nobility and Gentry of England. The Foot were drawn to a Rendezvous between Abington and Garsington, where Major-General Skippon, who had lain ill of his Wounds ever since the Battel at Naseby, being now well recovered, came to the Army, and was received with great Acclamations of the Soldiers.
The 3d of May the General, with the Officers of the Army, took a Survey of Oxford, which they found to have received many material Alterations and Additions of Advantage, since their last being before it: And though it was always justly accounted a Place of great Strength, yet now it was made incomparably more strong than ever: (Which is very easy to be believ'd) if you do but consider it had been from the Beginning of the Wars, the King's Head Quarters and Garrison, his chief Place of Residence and Retreat, where his Council, and most of the Nobility, that had left the Parliament, attended him. Its Place, being almost in the Center of the Kingdom, gave it no small Advantage for the sending out of Parties upon any Design: Besides, that it was surrounded about with many small Garrisons of the King's, as Radcoat, Farington, Wallingford, Sherbon-House, Borstal, (which were as so many Outworks un to it.) The Situation of it, in reference to the Ground it stood upon, rendred it very apt for Defence, being placed betwixt the two Rivers Isis and Charwell. Upon the West Side of it ran several Branches of the River Isis, some of which running close by the Town-Walls, was a great Defence to it: Upon the East Side ran the River Charwell, which by making Locks at Clement's Bridge, they had caused to overflow the Meadows, so that round the City, to the extent of three Parts of it (all, except the North Side, that was somewhat higher Ground) was surrounded with Water, and absolutely unapproachable: To this the Line about the City (newly finsh'd) they found to be very high, having many strong Bulwarks so regularly flanking one another, that nothing could be more exactly done; round about the Line, both upon the Bulwarks and the Curtain, was strongly set with Storm-Pales; upon the Outside of the Ditch, round the Line it was strongly Pallisadoed; and without that again, were digged several Pits in the Ground, that a single Footman could not, without difficulty, approach the Brim pf the Ditch. Within the Town there was Five Thousand good Foot, most of them of the King's old Infantry, which served him from the Beginning of the Wars; and withal, they were well stored with a plentiful Magazine of Victuals, Ammunition, and Provisions for War; in a Word, whatever Art or Industry could do to make a Place impregnable, was very liberally bestowed here. All which Strength being apprehended and considered by General Fairfax, he concluded that this was no Place to be taken at a running Pull, but likely rather to prove a Business of Time, Hazard, and Industry. Whereupon at a Council of War at Hedington, it was resolved to fix his Quarters: The first Quarter to be upon Hedington-Hill, where was ordered to be made a very large and great Work or Intrenchment, of Capacity to receive and lodg 3000 Men: As also, that a Bridge should be laid over the River Charwell, close by Marston, that another Quarter might be gone in Hand withal between the Rivers, wherein it was intended most of the Foot should be lodged, that being all the Ground they had to approach on. Warrants were sent out unto the Country round about, for Spades, Pickaxes, &c. for that Purpose. As also a Letter to the Committee for the Army, to hasten more Ammunition, with all Requisites for the Siege, as Tents for Soldiers, &c from London; which was no sooner come from thence, but the great Work upon Hedington-Hill was instantly fallen in Hand withal, and finished in three or four Days Time, the Soldiers being paid so much by the Rod for working thereat: This Work was committed to Major-General Skippon. In the mean Time the Bridge intended was made over the River Charwell, near Marston, where another Quarter was possessed, and a Line drawn from Isis to Charwell, and a great Work made on that Side the Water: Col. Rainsborough commanded this Work. There was a Third, under the Command of Col. Lambert; the Fourth, of Col. Herbert; and a Line was begun to be drawn from the great Fort on Hedington-Hill, over-against St. Clements.
As soon as the several Posts were assigned to the Army before Oxford, several Forces were taken forth and designed for the Blocking up of other Garrisons; viz. Some for Faringdon, under the Command of Col. Sir Robert Pye: Others for Radcot, under the Command of Col. Cook; and others for Wallingford, under the Command of Col. Paine and Col. Berkestend on Berkshire Side; and Col. Temple on Oxfordshire Side; others for Borstal-House; and as many Horse as could be spar'd,. were sent towards Worcester for the straitning of that Garrison, till such Time as the Army were at Liberty to advance thither: An Account of all which severally shall be given in due Place.
Banbury, a great and fair Market-Town, had from the Beginning of the Troubles been in the King's Possession, without almost any Intermission; which happen'd to it partly through the Commodiousness of its-Situation, as lying but Eighteen Miles North from Oxford, and in such a convenient Place as gave it a Command into divers other Counties, viz. Northamptonshire, Warwickshire, &c. from out of which it gathered large Contributions for Oxford.
The Forces now employed in the Reducing that Place, were about 1000 Foot, and some Four Troops of Horse, all under the Command of Col. Whaley: They lay Eleven Weeks before the Castle: So, as soon as they came before it, they intrench'd themselves by a Line drawn round the Town, for their better Security from any Force without; which done, they sapt up towards the Castle, ran several Galleries over the outmost Moat, and so wrought into the Works belonging to the Castle; who countermining them, sprang one Mine upon them, but did no great Hurt; and also flinging down Stones upon them, and Hand-Granadoes amongst them, bravely repulsed them. Yet they wrought so far, as put them out of all Hopes of keeping the Castle; which constrained them to a Parley, and Surrender of the Castle, Arms, and Ordnance, Ammunition and Victuals, upon these ensuing Articles ; viz.
- 1. The Governor, Sir William Compton, and Sir Charles Compton, his Brother, to march forth with one Horse and Arms apiece, two Servants attending them, and to have Two Months Liberty to go beyond Sea.
- 2. All Captains to march forth with one Horse apiece and their Swords.
- 3. All the rest to march forth without Arms, to be disbanded a Mile from the Town; to have Passes to march to their several Homes, or to go beyond Sea and to have Free Quarter, marching Ten Miles a Day.
- 4. All, both Officers and Soldiers, to leave half their Moneys behind them.
But to return to Oxford: The Four Quarters being settled under Cannon-shot, and a Line begun to be drawn from the great Fort on Hedington-Hill, round St. Clements, (lying without Magdalen Bridge) Fairfax sent in a Summons to Sir Tho Glenham the Governor, requiring the Surrender of that Garrison, The Copy thereof followeth :
I Do by These summons you to deliver up the City of Oxford into my Hands; for the Use of the Parliament. I very much desire the Preservation of that Place (so famous for Learning) from Ruin; which inevitably is like to fall upon it, except you concur. You may have Honourable Terms for yourself and all within the Garrison, if you seasonably accept thereof. I desire your Answer this Day, and remain,
I Do by These summons you to deliver up the Garrison of Borstall-House into my Hands, for the Use of the Parliament. You may have Honourable Terms for yourself and all within your Garrison, if you seasonably accept thereof. I desire your Answer this Day.
I Have received your Letter, summoning me to Surrender the City, which was given me in Trust for his Majesty's Use; but in respect there are many Persons of Eminency, I must desire you to receive for Answer a Request, That you will be pleased to send a safe Conduct for Sir John Mounson, and Mr. Philip Warwick, to repair unto you at such a Time and Place as you shall appoint, by whom you shall understand what for the present is desired. I remain,
According as was desired, Passes were granted for Sir John Mounson, and Mr. Philip Warwick, to come out of Oxford that Day, and meet Fairfax's Commissioners, Col. Rainsborough, Col. Harlow, and Col. Lambert, who were ready to receive them at the Time and Place appointed. That which they had in Commission, was a Desire from the Governor Sir Tho. Glenham, of Liberty to send to the King to know his Pleasure; upon Signification whereof from his Majesty, they would return a positive Answer to his Excellency immediately.
Fairfax's Commissioners endeavoured to persuade them the Vanity of any such Desire, and the General's Impatiency of any such Delay; advising them rather to take the present Opportunity, lest they afterwards fell short of those Terms they night now have by present Compliance.
Whereupon Sir John Mounson and Mr. Warwick returning to Oxford, took Time 'till the Morrow, promising more then. One of the General's Trumpeters was appointed to go with them into Oxford, to bring their Answer the next Morning.
On Tuesday, May 12. the Trumpeter returned with a Desire from Sir Tho. Glenham, that in regard there were, besides the Duke of York, and the Two Princes, many other Persons of Eminency, Lords, Knights, and Parliamentmen, and other Gentry, and Clergy, besides the Inhabitans, all concerned in the Business, (to whom Things could not possibly be represented fully in so short a Time) that further Time might be granted.
The same Day Prince Rupert, and with him near an Hundred Horse, went forth of Oxford on Col. Rainsborough's Side, to take the Air; Prince Rupert riding without Boots, only in his Shooes and Stockings. A Party of the Besiegers matched up towards them, and fired upon them; in which Skirmish Prince Rupert had a Shot in the Right Shoulder (but pierced no Bone) whereupon they retreated to Oxford: Which was the more taken Notice of, because such an Accident had been by Lilly the Astrologer foretold in Print, likely about that Time to befal his Highness.
On Thursday 14. the Governor of Oxford sent to make known his Desire to Treat by Commissioners, which was accepted of; and a Council of War being call'd, it was concluded that Mr. Crook's House at Marston should be the Place, and on Monday following the Treaty to begin.
- Sir John Mounson,
- Sir John Heydon,
- Sir Tho. Gardner,
- Sir Geo. Binion,
- Sir Rich. Willis,
- Sir Ste. Hawkins,
- Col. Gosnold,
- Col. Tyllier,
- Dr. Zouch
- Tho. Chiesley, Esq;
- Mr. John Dutton,
- Mr. Jeffery Palmer
- Mr. Phil. Warwick,
- Capt. Robet Mead,
- L. Gen. Hamond,
- Col. Ireton,
- Col. Lambert,
- Col. Rich,
- Col. Harley,
- Scoumaster Gen. Watson,
- Major Desbarough,
- Major Harrison,
- Mr. Herbert,
- Mr. Waller,
- Four more to be named afterwards.
A Treaty being resolved and accepted on both Sides, and to begin Monday the 18th, Sir Tho. Glenham sent to the General, desiring, That in regard it was usual at all Treaties to have a Secretary on each Part, that Mr. H. Davison, his Secretary, might have a Pass to come forth with their Commissioners, which was assented unto, and Mr. William Clark was appointed to assist the Commissioners on Fairfax's Part. The Commissioners on the Behalf of the Governor and Garrison of Oxford, made their Demands; which Fairfax sent up to the Parliament by Col. Rich, and Scoutmaster-General Watson, Two of the Commissioners for the Treaty on his Excellency Sir Tho. Fairfax's Part; putting off the Treaty 'till the Pleasure of the Parliament was known concerning them. The Heads of some of the Principal of them were these; viz
2. That Prince Rupert and Prince Maurice have Protection to remain in any Part of this Kingdom; to have no Oath imposed on them; to be at Liberty to do as shall seem good unto them at any Time hereafter.
3. The Governor, and all Officers and Soldiers, to march out in as full Equipage as any since these Wars; with Six Guns, Ten Barrels of Powder, and to have Thirty Days Time to know the King's Pleasure how he will dispose of them.
The House of Commons, upon reading of them, conceived them so high, that they thought not fit so much as to debate them, but referred it to the General, in what Way he thought fit to prosecute the Reducing of that Place.
About May 24. was Radcoat-House surrendred, after it had endured great Extremity by Granadoes; one whereof falling upon the Top of a Tower, made fearful work, tearing it into a Thousand Pieces, and sending it several Ways; and at last falling into the Cellar, let out all their Beer. There were an Hundred Men in it, who were to go to their several Homes, leaving their Arms behind them.
General Fairfax, upon the aforementioned Return from the Parliament, prepared Propositions to offer to the Garrison, and sent them into Oxford on Saturday, May 30. Whereupon the Treaty was renewed again; they submitting therein (as themselves said) to the Fate of the Kingdom, rather than any way distrusting their own Strength, or the Garrison's Tenableness.
During this Treaty, a Captain of the Garrison of Oxford was taken, (in a Fisherman's Habit) carrying Letters to the King from Sir Tho. Glenbam and Secretary Nicholas, relating the Condition of. the Garrison, and how long probably they could hold out.
A few Days before the Treaty ended, when the Besieged perceived it was like to succeed, they play'd with their Cannon Day and Night into our Leaguers and Quarters, discharging sometimes near 200 Shots in a Day at random, as was conceived, rather to spend their Powder, than to do any great Execution ; tho' they shewed great Skill, in that they levelled their Pieces so, at that they shot into the Leaguer on Hedington-Hill (and on that Side Lieutnant-Col. Cotsworth was slain with a great Shot), and likewise into the Leaguer on Col. Rainsborough's Side, where they kill'd with their Shot a Sutler and others in their Tents. On the other Side, the Cannon in recompence play'd fiercely upon the Town, and much annoy'd them in their Works and Colleges, 'till at last a Cessation of great Shot was agreed to on both Sides.
Articles of Agreement concluded and agreed, June the 20th, by the Right Honourable Sir Richard Lane, Knt. Lord Keeper of the Great Seal of England, Francis Lord Cottington, Lord High Treasurer of England, William Marquess of Hertford, Edward Earl of Dorset, Lord Chamberlain of his Majesty's Honourable Houshold, Thomas Earl of Southampton, Francis Earl of Chichester, Francis Lord Seymour, Sir Edward Nicholas, Knt. one of his Majesty's Principal Secretaries of State, all of them being of his Majesty's most Honourable Privy Council and Sir Thomas Glenham, Knt. and Govornor of Oxford, on the one Party: And his Excellency Sir Thomas Fairfax, Knt. General of the Forces raised for the Parliament, on the other Party: For and concerning the Rendring of the Garrison of Oxford: As followeth;
1. That the Garrison of Oxford, with the Castle, Forts, Mounts, and Places of Defence whatsoever, with all the Ordnance, Arms, Ammunition and Provisions of War, with all Magazines and Stores thereunto belonging, except what is allowed in the ensuing Articles, shall be delivered to the General, Sir Tho. Fairfax, or whom he shall appoint, without wilful Spoil or Imbezzlement, upon Wednesday the 24th of this Instant June, 1646. at Ten of the Clock in the Morning, or thereabouts.
2. That his Highness the Duke of York shall have an Honourable Convoy to London, where other of his Majesty's Children are, attended by his Officers and Servants, and sitting Accommodation for the Removal of his Houshold and Goods thither, and shall have an Honourable Provision, besitting his Dignity, appointed for him by the Parliament, and to remain there until his Majesty's Pleasure be known touching his settling there, or elsewhere; and then to be disposed accordingly to any Place within Fourscore Miles of London, and shall have such Officers and Servants to continue about him, as the Parliament shall approve.
3. That their Highnesses Prince Rupert and Prince Maurice shall have Liberty and Passes for themselves, with their Servants, Horses, Arms, and Goods, (the Number of their Horses for them and their Train not exceeding 70,) to repair to any Place within 50 Miles of London, so it be not within 20 Miles of London, without Leave of the Parliament, nor in any Garrison, and there to abide for the Space of six Months after the Rendring, free from any Molestation by Imposition of Oaths, or otherwise; and shall have Passes to go beyond the. eas at anytime within the said six Months, with their said Servants, Horses, Arms, and Goods; they engaging themselves upon their Honours not to use the Liberty hereby granted in the mean time to any Hostility against the Parliament of England sitting at Westminster, or any way wilfully to the Prejudice of their Affairs. And they are to have the Benefit of such the ensuing Articles as may concern them.
4. That the Seals, called the Great Seal, Privy Seal, Signet, and the Seals of the King's Bench, Exchequer, Court of Wards, Dutchy, Admiralty and Prerogative, as also the Sword of State, shall at such Time, and in the Presence of Two such Persons as the General Sir Tho. Fairfax shall appoint, be lock'd up in a Chest, and left in the Publick Library. And if any of the aforenamed Particulars shall not be then accordingly produced, the Default thereof shall not be charged upon any other Person than such as hath the Custody thereof, and shall wilfully detain or imbezzle the same.
5. That Sir Tho. Glenham, Knt. Governor of Oxford, with his Servants, and all that to him belong, and all Officers and Soldiers of Horse and Foot, and of the Train of Artillery (as well Reformed Officers and Soldiers, as others) with their Servants, and all that pertain unto them, shall march out of Oxon with their Horses and compleat Arms, that properly belong unto them, proportionable to their present or past Commands, flying Colours, Trumpets sounding, Drums beating, Matches lighted at both Ends, Bullet in their Mouths, and every Soldier to have Twelve Charges of Powder, Match and Bullet proportionable, and with Bag and Baggage, to any Place within Fifteen Miles of Oxford, which the Governor shall chuse; where such of the Common Soldiers as desire to go to their own Home, or Friends, shall lay down their Arms, which shall be delivered up to such as the General, Sir Tho. Fairfax shall appoint to receive them. And all Officers and Soldiers, as well Reformed as others, that shall desire to go to their Homes or Friends, shall have the General's Pass and Protection for their peaceable Repair to, and Abode at the Places where they shall desire to go to; and shall have free Quarter allowed them in their March from Oxon to those several Places. And the Officers, as well Reformed as others, to pass with Equipage of Horses and compleat Arms, answerable to their present or past Commands: And Common Troopers with their Horses and Swords only, and all to pass with Bag and Baggage, as aforesaid. And that all other Officers and Soldiers (in Case there be any such) that shall desire to take Entertainment from any Foreign Kingdom or State, shall have Free Quarter allowed them for 28 Days, from their March Out of Oxon and shall have Passes for their Officers (not exceeding Ten) with their Horses and Two Servants apiece, to go to London, to treat with any Foreign Ambassador or Agent for Entertainment; and all of them shall have Liberty and Passes to march (the Officers with their compleat Arms and Horses, proportionable to their present or past Commands, and the Common Soldiers with their Arms, and all with Bag and Baggage) to the Quarters near to Harwich, or Portsmouth, or to any Port between them, to be transported ; which Arms (except Officers compleat Arms, Horses, and Swords for the Common Soldiers, which they may transport) they shall there lay down, and deliver to such as the General shall appoint, or unto the Governor of the next Garrison belonging to the Parliament, who shall take care for their Safety during their abode there, and until Shipping can be provided, and Weather seasonable; they paying for their Quarters after the said 28 Days expired; and shall assist them for procuring Vessels and Ships for their Transportation, at the usual Rate, and accustomed for Freight 5 the Officers, Soldiers, and others, before Transportation, engaging themselves by Promise not to return into this Kingdom in Hostility against the Parliament, in Bodies as they go, or in conjunction with other Forces, or in Command of any Forces invading this Kingdom. And no Oath or other Engagement of this or the like Nature, to be during their said Stay, or at their Transportation, imposed upon them, saving an Engagement by Promise not to do any Act of Hostility, or of wilful Prejudice against the Parliament, during their said Stay in England. And it is declared, That those of the Three Auxiliary Regiments, consisting of Gentlemen and their Servants, Scholars, Citizens and Inhabitants, who are not properly of the Garrison in Pay, and such Reformed Officers and Soldiers who shall not be willing to march forth, shall have the Benefit of the ensuing Articles in all things, except for remaining in Oxford.
6. That the Governor shall be allowed and assisted in the Procuring a sufficient Number of Carts, Teams, Boats, and other Necessaries, for the carrying away all Goods allowed in these Articles, belonging to any Officers or Persons of Quality now residing in the Garrison, they paying the accustomed Rates. And that such Persons as cannot presently, through want of Carriages, or otherwise, convey them away, shall be assisted with Carriages at any time within Three Months for the disposing thereof.
7. That no Officer nor Soldier, nor any Persons whatsoever, comprized in this Capitulation, shall be reproached, nor have any disgraceful Speeches or Affronts offered to them, or be stopp'd, plunder'd, or injur'd in their March, Rendezvouz, or Quarters, Journeys, or Places of Abode; and if any such thing shall fall out, Satisfaction shall be given at the Judgment of any Two or more of the Commissioners, they being equal in Number of each Party: Nor shall the Persons aforesaid, nor any of them, be inticed or compelled to take up Arms against the King; nor be imprison'd, restrain'd, sued or molested, for any Matter or Cause whatsoever, before the Rendring of the Garrison be it of publick or private Interest, during six Months after the Rendring thereof. And if any Officer, Soldier, or Person be sick or wounded, that at present they cannot enjoy the Benefit of these Articles, That such Persons shall have Liberty to stay 'till they shall be recovered, and fit Accommodation and Subsistence shall be provided for them during their Stay, and then to enjoy the Benefit of these Articles.
8. That all Horses, Arms, Money, and other Goods whatsoever, taken as lawful Prize of War, before or during the Siege, and now remaining in the City, be continued in the Possession of the present Possessors.
9. That these Articles shall extend to the Use and Benefit of all Strangers of any Foreign Kingdom or State residing within this Garrison, together with their Wives, Children, Servants, Horses, Arms, Goods, Money and Debts.
10. That all Persons included within these Articles (without Exception of any other than the Soldiers that are to march out upon the Fifth Article) shall have Liberty, during the Space of Three Months after the Rendring of the Garrison, either to remain in Oxford, or to remove themselves, with their Families, Goods, Horses, and all things that properly belong to them, or to their Disposition: And all Noblemen, Gentlemen, and Persons of Quality, with their Arms, or other Equipage, to their Houses or Friends, without any Prejudice to their Friends for receiving them.
11. That all Lords, Gentlemen, Clergymen, Officers, Soldiers, and all other Persons in Oxon, or comprized within this Capitulation, who have Estates real or personal, under or liable to Sequestration, according to Ordinance of Parliament, and shall desire to compound for them (except Persons by Name excepted by Ordinance of Parliament from Pardon) shall at any time within six Months after Rendring the Garrison of Oxford, be admitted to compound for their Estates: Which Composition shall not exceed Two Years Revenue for Estates of Inheritance; and for Estates for Lives, Years, and other real and personal Estates, shall not exceed the Proportion aforesaid for Inheritances according to the Value of them: And that all Persons aforesaid, whose Dwelling Houses are sequestrated (except before excepted) may after the Rendring of the Garrison, repair to them, and there abide, convenient Time being allow'd to such as are placed there under the Sequestration, for their Removal.
And it is agreed, That all the Profits and Revenues arising out of their Estates (after the Day of entring their Names as Compounders) shall remain in the Hands of the Tenants or Occupiers, to be answered to the Compounders when they have perfected their Agreements for their Compositions; and that they shall have Liberty and the General's Pass and Protection for their peaceable repair to, and abode at their several Houses or Friends ; and to go to London to attend their Compositions, or elsewhere, upon their necessary Occasions, with Freedom of their Persons from Oaths, Engagements, and Mole-stations, during the Space of six Months; and after, so long as they prosecute their Compositions, without wilful Default or Neglect on their Part, except an Engagement by Promise not 10 bear Arms against the Parliament, nor wilfully do any Act prejudicial to their Affairs, so long as they remain in their Quarters. And it is farther agreed,. That forthwith after their Compositions made, they shall be forthwith restored to, and enjoy their Estates, and all other lmmmunities, asother Subjects do, together with their Rents and Profits from the Time of entring their Names, discharged of Sequestrations, and from Fifth and Twentieth Parts, and other Payments and Impositions, except such as shall be general, and common to them with others.
12. That no Lords, Gentlemen, Clergymen, Scholars, Officers, Soldiers, Citizens, nor any other Persons included in this Capitulation (except the Persons mentioned before to be excepted from Pardon) shall have the Benefit of this Article during the Space of six Months from the Rendring of the Garrison, and after, if they be admitted to, and agree for their Compositions.
13. That the Persons mentioned before to be excepted from Pardon, shall have Liberty, and the General's Pass and Protection for themselves, Families, Horses, Goods, and all other Things that properly belong unto them, now in Oxford, to go into, and abide at their own Houses or their Friends, for the Space of six Months after the Rendring Of the Garrison; and within that Time to repair to London, to endeavour Composition for their Estates, and Indemnity of their Persons, and to make their Peace; and if they cannot obtain it, shall have Passes to go beyond the Seas at arty Time within the said six Months; and that no other Engagement shall be put upon them, save by Promise not to bear Arms against the Parliament, nor wilfully do any Act prejudicial to their Affairs, so long as they remain in their Quarters.
14. That the Chancellor, Masters, and Scholars of the University of Oxon, and the Governors and Students of Christ-Church, of King Henry the Eighth's Foundation, and all other Heads and Governors, Matters, Fellows, and Scholars of the Colleges, Halls, and Bodies Corporate, and Societies of the same University, and the publick Professors and Readers, and the Orator thereof, and all other Persons belonging to the said University, or to any College or Hall therein, shall and may, according to their Statutes, Charters, and Customs enjoy their ancient Form of Government, subordinate to the mediate Authority and Power of Parliament. And that all the Rights, Privileges; Franchises, Lands, Tenements, Houses, Possessions, Rents, Revenues, Hereditaments, Libraries, Debts, Goods and Chattels belonging to the said University, or to Christ-Church, or to any Colleges or Halls in the said University (except such Rents and Revenues as have been already taken by Ordinance of Parliament) shall be enjoyed by them respectively, as aforesaid, free from Sequestrations, Fines, Taxes, and all other Molestations whatsoever, for of under colour of any thing whatsoever, relating to this present War, or to the unhappy Differences between his Majesty and the Parliament. And that all Churches, Chappels Colleges, Halls, Libraries, Schools, and publick Buildings within or belonging to the City or University, or to Christ-Church, or the several Colleges or Halls thereof, shall be preferred from Defacing and Spoil. And if any Removal shall be made by the Parliament of any Head or other Members of the University, Christ-Church, Colleges, or Halls, that those so removed shall enjoy the Profits during the Space of six Months after the Rendring of Oxon; and shall have convenient Time allowed them for removal of themselves and their Goods from their Lodgings. Provided, That this shall nor extend to retard any Reformation there intended by the Parliament or give them any Liberty to intermeddle in the Government.
15. That the Mayor, Bayliff, and Commonalty, and all Corporations with in the City, shall enjoy their ancient Government; and their Charters, Customs, stoms, Franchises, Liberties, Lands, Goods, and Debts, and all things else whatsoever, which belong to them as Corporations, subordinate to the immediate Authority and Power of Parliament ; and shall not be molested or questioned by Colour of any thing, before the rendring of this Garrison, done or ordered by them in the Capacity of Corporations, relating to the Differences between his Majesty and the Parliament.
16. That the Citizens and Inhabitants of the City shall not be charged with Free Quarter, or Billet of Soldiers, other than for Lodging (except in urgent time of Necessity) and that to be ordered and disposed by the Advice of the Mayor or his Deputy ; and that in all publick Taxes they shall be charged proportionably with the County. And that no Scholar, Citizen or Inhabitant in the University and City of Oxford, shall be troubled or questioned for taking up Arms in the Garrison by express Command, during the time it was a Garrison, for the Defence thereof. And that the Scholars, Citizens and Inhabitants shall have the Benefit of this Capitulation in all things that may concern them.
17. That no Officer, Soldier, or other Person, who by the Articles are to march out of the City or Suburbs, or to march in, shall plunder, spoil, or injure any Scholar, Citizen, Inhabitant, or other Person in Oxford, in their Person, Goods, or Estate, to carry away any thing that is properly belonging to any of them.
18. That all Ladies, Gentlewomen, and other Women now in Oxon, whose Husbands or Friends are absent from thence, may have Passes and Protection for themselves, Servants, and Goods, to go to, and remain at the Houses of their Husbands, or at their Friends, as they shall desire, and to go or send to London, or elsewhere, to obtain the Allowances out of their Husbands or Parents Estates, allotted them by Ordinance of Parliament.
19. That such of his Majesty's Houshold-Servants, who shall desire to go to his Majesty, may have free Liberty and Passes to go accordingly at any time within one Month next after the Rendring of the Garrison; and that his Majesty's Houshold-Stuff, and other his peculiar Goods, which are now in Oxford, may be carried to his Majesty's House at Hampton-Court. And his Servants, under whose Charge or Custody any of them are, shall be allowed and assisted in procuring of Carts, Boats and Carriages, for the Removal of them thither, and there to remain 'till his Majesty shall otherwise dispose of them; and then to be sent or disposed accordingly. And that such of his Majesty's Servants who are not able for the present to go to him, shall have Liberty, Passes, and Protections to go to, and remain at his Majesty's said House at Hampton-Court, and have Liberty to attend the Committee for his Majesty's Revenue, to procure a competent Allowance out of his Majesty's Revenues for their Subsistence, until his Majesty shall otherwise provide for, or dispose of them.
20. That all Clergymen now in Oxford, who shall not upon Composition or otherwise be restored to their Church-Livings, shall have Liberty to go to London, to obtain some sitting Allowance for the Livelihood of themselves and their Families.
21. That it is intended, declared, and agreed, That all Persons comprized within these Articles, shall peaceably and quietly enjoy all their Goods, Debts and Moveables, allowed by these Articles, during the Space of six Months after rendring the Garrison: And that they, shall be free from all Oaths, Engagements, and Molestations, except an Engagement by promise not to bear Arms against the Parliament, nor wilfully, do any Act prejudicial to their Affairs, so long as they remain in their Quarters; and that they shall have Liberty within the Space of six Months (in case they shall be resolved to go beyond Seas) to dispose of their Goods, Debts, and Moveables, allowed by these Articles, and depart the Kingdom, if they think fit, and to have Passes for their Transportation, or otherwise to stay in the Kingdom.
22. That if any of these Articles shall in any point be broken or violated by any Person or Persons in Oxford, or comprized within this Capitulation, the Fault and Punishment shall be upon him or them only who made the Breach or Violation, and shall not be imputed to, or charged upon any other not assenting thereunto, or not an Actor in it.
24. That the Garrisons of Farringdon shall be rendred to his Excellency Sir Tho. Fairfax; and the Governor, Gentlemen, Soldiers, arid all other, of what Quality soever, within those Garrisons, shall enjoy the Benefit of these Articles, in every Particular which may concern them, they rendring the Garrison accordingly as Oxford.
25. That all Persons comprized in these Articles shall (upon Request) have a Certificate under the Hand of his Excellency Sir Tho. Fairfax, or the future Governor of the City, That such Persons were in the City at the Time of the Surrender thereof, and are to have the Benefit of these Articles.
26. That the General, Sir Tho. Fairfax, shall give a Pass to one or two Messengers, with their Servants, to go unto the King; to give him an Account of the Proceedings upon this Treaty, and Conclusion thereof, and to return and receive the Benefit of these Articles.
Accordingly, on Wednesday, June 24. the City of Oxford Was surrendred, about 2000 of the Garrison marching our well arm'd, with Colours flying, and Drums beating, besides Officers. But before that, on Monday Prince Rupert and Prince Maurice, and divers Gentlemen of Quality, to the Number of about 300, left the City, and took their Way towards Guildford in Surry, but came as near London as Oatland's; which the Two houses seemed offended at, as contrary to the Articles, and sent them an Expostulary Letter thereupon, and requiring them forthwith to repair to the next convenient Port-Town, there to endeavour their Transportation within Ten Days; which if through their Neglect were not done in that Time, that then they should lose the Benefit of the Articles: Whereunto the Princes returned a Complimental Answer, excusing themselves from any ill Intentions, and expressing their willing Compliance with what was required, by the first Opportunity. And the Prince Elector desiring leave to visit his Brothers, the same was granted, and some time after, Prince Rupert and Prince Maurice, with several Gentlemen and other Attendants, took shipping at Dover, and went into France, whither his High-nets the Prince of Wales was also retired from the Isle of jersey, being honourably received at his Landing, and conducted to the Queen his Mother at St. Germains, about the Beginning of July. And his Highness the Duke of York was brought up from Oxford to St. James's
A great Number of Gentlemen and others, after the Surrender of Oxford, stay'd for some time, 'till they could procure Passes, of which there were in a very few Days sign'd to the Number of 2000 or upwards. There were found in the Magazine 70 Barrels of Powder, besides Two Mills which supplied them daily; 38 Pieces of Ordnance, whereof 26 Brass; and pretty good store of salt Provisions.
On Friday, July 3. Mr. Herbert, one of the Commissioners of the Army, brought up and presented to the House of Commons the several Seals taken at Oxford; viz. The Great Seal of England, that was carried away thither in 1642. the Privy-Seal, the Signet Royal, the Seal of the King's Bench, the Seal of the Exchequer, the Seal of the Court of Wards, the Seal of the Admiralty, and the Sword of State: Which being brought into the House, it was ordered, That the Seals should be broken in pieces: And some time after, viz Aug. 11. the Great Seal, the Seal of the Court of Wards, of the Prerogative Court, and of the High Commission, were by a Smith broken to pieces at the Bar of the Lords House, the whole House of Commons being present: And it was ordered, That the Silver thereof should be given to the Speakers of the Two Houses: But the Privy Signet, and another little Signet, were ordered to be laid up, and the Sword to be reposited in the Wardrobe.
During the Siege of Oxford, after the Surrender of Banbury Castle, Col Whaley was sent with some Troops of Horse to Blockade Worcester; and Col. Morgan, who was till such Time attending that Service with the Glocestershire Forces was ordered by General Fairfax to Ragland, to Command in Chief such Forces as should be employ'd for reducing of that Place, if upon the Summons sent into Worcester returning City would riot treaty which accordingly happenings the Royal Party in Worcester returning a resolute Answer, and making higher Demands than were granted to Oxford, Col. Morgan, according to his Orders, marched to Ragland; and Col. Whabey, together with the Forces of Worecestershire, Shropshire, and some Assistance from Newport-Pagnel, Warwick, and Northampton, continued before Worcester; but wanting Foot for a regular Siege, Col. Rainsborough, after the yielding of Oxford, was sent thither with a Brigade, and drew them close up to the City's Works; and in Two or Three Nights railed a Work which much incommoded the Besieged. In the mean Time the Governor sent out the following Letter to Whaley.
Upon the Overture of a Treaty from you, the Intelligence I received of the Delivery of Oxford, and the Sight of his Majesty's Letter there printed, for the Surrender of this Garrison (amongst others) upon Honourable Terms, I conceive myself now made capable to entertain a Treaty: Therefore, in order thereunto, I have nam'd the Gentlemen under-written, to meet with those that are or shall be nominated by you for that Purpose. And instead of Hostages, lam contented to take your Engagements of Honour under your Hands, for the safe Conduct of these Gentlemen, and their necessary Attendants. To Morrow, being Sunday, unfit for Business, I leave the Time and Place to your Appointment.
Which being accepted by the Besiegers, they appointed Commissioners for the Soldiery and City, Col. Bridges, Col. Dingley, Col. Star, Col. Loggon, Col. Betsworth, Major Fines, Lieutenant Col. Turkington, and Major Hungerford.
Articles of Agreement for the Surrender of the City of Worcester, and the Forts belonging thereunto, concluded July 19. 1646. between Col. Tho. Rainsborough on the Behalf of his Excellency Sir Tho. Fairfax, General of the Forces raised by the Parliament, and Col. Henry Washington, Governor of Worcester.
1. That the City of Worcester, with all Forts, Ordnance, Arms, Ammunition, Stores, and Provision of War thereunto belonging, shall be delivered without wilful Spoil and Imbezzlement, unto his Excellency Sir Tho. Fairfax, or unto such as he shall appoint to receive them, upon the 22d of this Instant July, at Ten of the Clock in the Morning, in such Manner, and with such Exceptions as are contained in the ensuing Articles.
2. That on the 23d of July, the Governor, and all Officers and Soldiers of the Garrison, with all other Persons therein that will, shall march out of Worcester, with their Horses, Arms and Baggage belonging to them, to any Place within one Mile of Worcester, which the Governor shall chuse, where all their Horses and Arms, except what is allowed in the ensuing Articles shall be delivered up to such as his Excellency Sir Tho. Fairfax shall appoint. All the Soldiers shall be disbanded; and all such, both Officers, Soldiers, and others as shall engage themselves by Promise never to bear Arms any more against the Parliament of England, nor do any thing wilfully to the Prejudice of their Affairs, shall have the Benefit of these ensuing Articles.
3. That all such as shall desire to go to their own Homes, or private Friends, shall have the General's Passes and Protection for their peaceable Repair to their several Places they shall desire to go unto; the Governor to pass with all Horses, Arms, and Baggage properly belonging to him; and each Colonel to pass with Three Horses, and each Lieutenant-Colonel and Serjeant-Major with Two Horses; each Captain, Lieutenant, and Cornet with One Horse; and every Person, not under the Degree of an Esquire, with Three Horses; and all of them with their Arms and Goods properly belonging to them, to be carried on their Horses; and all Soldiers with their Swords and such Baggage as properly belong to them, which they carry about them.
4. That all Persons, which are to have the Benefit of the preceding Articles, shall, if they desire it, have Passes to go beyond Seas, provided they depart this kingdom within Two Months after the Surrender of the Town.
When the forementioned Forces were sent to Worcester, the General's Regiment with Col. Lilburn were sent to assist those before Wallingford; by whose Accession the Siege being strengthened, presently a Summons was sent into the Castle; but no good could be done, 'till Fairfax drawing a considerable Part of his Army that Way, the Governor sent him the following Letter.
I Never intended to keep this Place for myself, but for his Majesty's Service, which shall never suffer for my Default: But if you please to give myself, and those that are with me such Conditions as shall become Persons of Honour in this Place to receive, I shall send such Propositions as we shall conceive sit, by these Officers under-written, to any Place you shall appoint, within Three Miles of this Garrison, to meet as many of yours, having safe Conduct for their Passage and Return: And during this Treaty shall leave it to your Choice to have Hostility, or a Cessation. I should never have thought of treating with any, were my Condition much worse than it's like to be this Twelve-month, had I not Assurance of your Honour in making, and your Power in defending the Conditions you have made. Wherefore upon Honourable Terms you may have the strongest Fort in England, from,
The Persons appointed by General Fairfax to meet them, and receive his Propositions, were Col. Robert Lilburn. Col. Barkstead, Col. Jackson, and Mr. Blundel. But the Propositions seemed so high to Fairfax, that he would not Treat upon them, but returned Word, He would send Propositions, such as were fit for them in the Capacity they were. And then the Governor sent out the following Letter to Fairfax's Commissioners.
I Received your General, Sir Tho. Fairfax's Letter, with another of yours: he says, he is preparing Propositions in Answer to mine: If they like me, I shall accept them; if not, you shall be sure to have my Answer at a Quarter of an Hour's Warning. But your Army being within a Day's march of Wallingford, forceth me to Guards within the Town; which (you know) I intend not to keep, but to fire it: Therefore I desire there may be a Cessation 'till either the Treaty is concluded or broken off: For which Purpose I shall send my Commissioners to Morrow to Treat with you concerning the Time and Manner of the Cessation; that mutual Engagements of Honour may be given on both Sides, which inviolably shall be observed on his Part, who is,
Articles of Agreement concluded and agreed by his Excellency Sir Tho. Fairfax, Knt. General of the Forces raised by the Parliament, on the one Party; and Col. Tho. Blage, Governor of Wallingford, on the other Party: For and concerning the Rendring of the Garrison of Wallingford, Castle and Town, July 22. 1646.
1. That the Castle and Town of Wallingford, with all the Ordnance, Arms Ammunition, Stores, and Provisions of War thereunto belonging, shall be delivered up without wilful Spoil or Imbezzlement, unto his Excellency Sir Tho. Fairfax, or such as he shall appoint to receive the same, on Wednesday the 29th of July, 1646. by Nine of the Clock in the Morning, in such manner and with such Exceptions as are contained in the ensuing Articles.
2. That on the said 29th Day of July, the Governor, and all Officers and Soldiers of the Garrison, with all other Persons therein (that will) shall march out of Wallingford, with their Horses and Arms properly belonging to them, (proportionable to their present or past Commands or Employments) with flying Colours, Trumpets sounding, Drums beating, Matches lighted at both Ends, Bullet in their Mouths, and every Soldier Twelve Charges of Powder, Match and Bullet proportionable, with one Piece of Ordnance, with Equipage, and with Bag and Baggage, to any Place within Ten Miles of Wallingford, which the Governor shall chuse; where (in regard his Majesty hath no Garrison left open, nor Army near) all their Horses and Arms, except what are allowed in the ensuing Articles, shall be delivered up to such as his Excellency Sir Tho. Fairfax shall appoint; all the Soldiers shall be disbanded, and all such, both Officers, Soldiers, and others, as shall engage themselves by Promise never to bear Arms against the Parliament, nor to do any thing wilfully to the Prejudice of their Affairs, during their Abode in the Parliament's Quarters, shall have the Benefit of the ensuing Articles: That is to say,
3. That all such as shall desire to go to their Homes, or private Friends, (who shall not be prejudiced for receiving them) shall have the General's Pass , and Protection for their peaceable Repair to, and Abode at the several Places they shall so desire to go unto: The Governor, Officers, and Gentlemen, to pass with Equipage of Horses and Arms, answerable to their present and past Commands or Qualities, and all both Officers, Soldiers, and others, to pass with Bag and Baggage, and the Troopers only with their Swords, and their Bag and Baggage.
4. That all such (if there be any) who shall desire to take Entertainment for Foreign Service, shall have Passes for their Officers (not exceeding Four) with their Horses and Two Servants apiece, to go to London, to Treat with any Foreign Ambassador or Agent for Entertainment; and all of them shall have Liberty and Passes to march (the Officers with Equipage of Horses and Arms properly their own, and answerable to their present and past Commands, the Common Soldiers with their Swords, and all with Bag and Baggage) to the Quarters near unto Harwich and Southampton, or to any Port between them, to be transported ; where they shall be assisted in the procuring of Vessels and Shipping for their Transportation, at the usual Rates accustomed for Freight, by the Governor of the next Garrison, Port, or Town, who shall also take care for their Safety, and Accommodation with Quarters, until Shipping be provided, and weather seasonable, they paying for the fame after 28 Days from the Render.
5. That all the Persons now in Wallingford (not being of the Soldiery of the Garrison) shall have Liberty and Protection for their Persons and Goods to stay in the Town of Wallingford one Month after the Rendring, if they desire, it and then to have the General's Pass and Protection, as others going out at the Rendring, upon the like Engagement: And that any Person whatsoever (who being sick or wounded cannot at present remove) shall have Liberty to stay 'till they be recovered, or able to go away; and shall have fit Accommodation and Subsistence provided for them during such their Stay and then shall enjoy the Benefit of these Articles.
6. That no Person whatsoever conprized in this Capitulation, shall be reproached, reviled, affronted, plunder'd or injur'd in their March, Rendezvouz, or Quarters, Journeys, or Places of Abode, by these Articles allowed ; nor shall be compelled to bear Arms, nor be imprisoned, restrained, sued, molested, or damnified, for any Matter whatsoever of publick or private Concernment, relating to the present War, the Matter or Grounds thereof, arising before the Rendring of the Garrison, during the Space of six Months after the Rendring thereof ; nor be compelled to take any Oaths, or other Engagement than what is mentioned in the second Article, duing the Time of six Months; and to have Liberty, during the said Time, to travel about their lawful Affairs.
7. That all Horses, and other Goods now in Wallingford, taken as lawful Prize of War, or properly belonging to the Governor or Officers of the Garrison, before or during the Siege, shall be continued in the Possession of the present Possessors, except such as are to be delivered up by the Tenor of these Articles.
8. That such Houshold-stuff and Goods, now in Wallingford, as shall appear to the General, or such as he shall depute for that Purpose, to have been borrowed by any Officer or Gentleman in the Garrison, for their Use and Accommodation in the Garrison, shall be restored back to the Owners.
9. That if any Person or Persons shall wilfully violate these Articles in any Part, the Guilt thereof shall be imputed to such Person or Persons only, and shall not prejudice any other, not acting or consenting to the same.
10. That the Governor and Three more such Officers and Gentlemen as he shall name, shall have Passes from the General for themselves, with Two Servants apiece, their Horses, Swords, Pistols, and Necessaries, to go to the King to give him an Account of the said Garrison, and to return to their Homes or Friends; and that five Weeks shall be allowed for this Journey, which shall not be reckoned any Part of the six Months mentioned in the sixth Article, but he and they shall be allowed six Months after the End of the said five Weeks.
11. That no Officer, Soldier, or other Person, who by the Articles are to march out of the Castle or Town of Wallingford (or shall march in) shall plunder, spoil, or injure any Inhabitant or other Person therein, in their Persons, Goods, or Estates, or carry away any thing that is properly belonging to any of them.
12. That all Persons comprized within these Articles, shall peaceably and quietly enjoy all their Goods, Debts, and Moveables, and to depart the Kingdom with the same, as they shall think fit and desire; and shall have Passes from his Excellency for their Transportation accordingly.
13. That all Persons comprized in these Articles shall, upon Request, have a Certificate under the Hand of the General, or such as he shall appoint, That such Persons were in the Town and Castle of Wallingford at the Time of the Rendring thereof, and to have the Benefit of these Articles.
14. That the Townsmen and Inhabitants of the Town of Wallingford shall not be troubled or questioned for anything said or written by any of them, nor the Corporation thereof prejudiced for any thing done by any of them by express Command since it was a Garrison; and that they shall have the benefit of these Articles in all things that may concern them.
After the Articles were signed and sealed, and the Day of Surrender agreed upon, a Party of Officers and Soldiers, upon some Discontent, mutinied against the Governor; and dividing themselves from the rest, came in a threatning way, presenting their Musquets at him, if they might not have their Wills and Demands granted whereupon the Governor was necessitated privately to send for the Passes, and deliver the Castle a Day sooner than intended; and Lieut. Col. Jackson was enforced to draw his Regiment into the Town, between the Two Parties (the Mutiniers and the Governor's Party) to enforce an orderly Delivery of the Garrison. The Government of this Garrison was by Fairfax committed to Adjutant-General Evelyn.
Next followed the Reduction of Ragland, a strong Castle in Wales Garrison'd for the King, under the Marquess of Worcester, whose proper House it was, being situated very conveniently to command all Parts of South-Wales. It had been streightned by some Forces of Sir Trevor Williams, and Major-General Langborn before Col. Morgan was ordered thither from Worcester to Command in Chief, who had but 1500 Men first, and the Garrison consisted of 800, who made divers gallant Sallies, and in one kill'd a Cornet of Morgan's, and carried away the Colours: But after the Rendition of Oxford, Morgan being reinforced with 2000 Men, sent in the following Summons.
By his Excellency's Command, this is my second Summons, whereby you are required forthwith to deliver to me to the Use of both Houses of Parliament, the Castle of Ragland with all Ordnance, Arms, Ammunition, and Provisions, and all other Necessaries that belong to War, that are now in it; which if you will be pleased to do, you may haply find Mercy, as other Garrisons have had; and if you do refuse, expect but the Ruin of yourself, your Family, and this poor distressed Country. For must acquaint your Lordship, That his Excellency Sir Tho. Fairfax having now finished his Work over the Kingdom, except this Castle, hath been pleased to spare his Forces for this Work, which are now upon their March this Way with all Materials sit for it; though I made no doubt but I had of mine own Strength sufficient to effect it. If your Lordship will deny to submit to this Summons, and that more Blood must be spilt, your Lordship may be confident that you shall receive no Favour from both Houses of Parliament. So expecting your Answer this Night by Nine of the Clock, I rest,
Upon the Faith and Honour of a Soldier, this is a True Copy of his Majesty's Letter to the Governor of Oxford, Litchfield, Wallingford, and Worcester, and all other Garrisons in England and Wales; which I thought sit to present to your Lordship, that you may clearly see what probability of Relief are like to have.
I Have received this Day Two Advertisements from you; the first I did read, containing, as you would have me believe, a true Copy of his Majesty's Warrant to several Garrisons upon Honourable Terms to quit, &c. But truly, Sir, it is not in the Power of Man to make me think so unworthily of his Majesty, That to one, in the Opinion of the World, that hath given himself and Family so great a Remonstrance and Testimony of his and their; Faith and Fidelity towards him, that he would not please so much as to name his Name, or Ragland: I intreat you give me leave to suspend my Belief. And for your second Summons, it makes it too evident, that it is desired that should die under an Hedge like a Beggar, haying no House left to put my Head into, nor Means left to find me Bread. Wherefore, to give you Answer, I make choice (if it so please God) rather to die Nobly, than to live with Infamy: Which Answer, if it be not pleasing unto you, I shall not think you worthy to be stiled by me,
Since it is not in my Power to make you nor your Son believe anything concerning the Surrender of those Garrisons by his Majesty's Order, that comes from me or any of our Party; once more, and the last, before I send your Answer to his Excellency Sir Tho. Fairfax, I shall give your Lordship way to send an Officer, with another of mine, to those Lords in Oxford to whom his Majesty's Letters were directed, for your better Satisfaction; This I do my Lord, to prevent your utter Ruin, and that of this poor Country, so much occasioned by your Lordship's Obstinancy. I expect your present Answer, and rest,
In respect of your mentioning of any Respect or Kindness towards me, left to be divulged to the World might do you any Prejudice, I have thought sit your own Letter to return you Thanks for the; same. And for Sir Tho Fairfax, if he were here with all his Army, he, should receive no other from me than you have had, I hope I serve. ( tho' not so well as I should) a Master that is of more Might than all the Armies in the World; and to his holy Will and Pleasure I submit myself, and yourself to do what you think sitting; and so rest.
Being come into these Parts with such a Strength as, I may not doubt, but with the same good Hand of Providence that hath hitherto blessed us, in short time to reduce the Garrison of Ragland to the Obedience of the Parliament; I have in order thereto thought good to send your Lordship this Summons, hereby requiring you to deliver up to me for the Parliament's Use the said Garrison and Cattle of Ragland; which as it only obstructs the Kingdom's Universal Peace the Rendition may beget such Terms, as by Delay or Vain Hopes cannot hereafter be expected. I remain, My Lord,
Although my Infirmities might justly claim Privilege in so sudden an Answer, yet because you desire it, and I not unwilling to delay your Time, to your Letter of Summons to deliver up my House, and the only House now in my Possession to cover my Head in; These are to let you know, that if you did understand the Condition I am in, I dare say out of your Judgment you will not think it a reasonable Demand. I am loth to be the Author of mine own Ruin on both Sides, and therefore desire Leave to send to his Majesty to know his Pleasure what he will have done with his Garrison. As for my House, I presume he will command nothing; neither am I knowing how either by Law or Conscience I should be forced out of it. To this I desire your Return, and rest,
Touching your sending to his Majesty, it is that which hath been denied to the most considerable Garrisons of England, farther than an Account to his Majesty of the Thing done, upon the Surrender; which I do also freely grant to your Lordship. And for that Distinction which your Lordship is pleased to make, That it is your House; if it had not been formed into a Garrison, I should not have troubled your Lordship with a Summons; and were it Disgarrison'd neither you nor your House should receive any Disquiet from me, or any that belong unto me.
This I thought good to return to yours, and thereby to discharge myself before God and the World, of all Extremities and sad Consequences that will ensue upon the Refusal of the Rendition of your Garrison upon my Summons. I remain,
I Do much confide in your Honour, as that being at stake. Concerning leave to send to his Majesty, I will at this time forbear to make farther Motion in it; only one thing, which is extraordinary, I offer to your Consideration, for the just Cause, besides my Allegiance, of my reasonable Request; which is, That upon his Majesty's Promise of Satisfaction, I am above 20000 Pounds out of Purse; and if I should do any thing displeasing unto him, I am sure all that is loft, and no Benefit to the Parliament. If you knew how well known I was in Henry Earl of Huntington's Time unto your Noble Grandfather at York, I am assured I should receive that Favour at your Hands, that safely you might afford. God knows, if I might quietly receive my Means of Subsistence, and be in security, with the Parliament's Approbation, and freed from the Malice of those Gentlemen that are of the Committee within this County, I should quickly quit myself of the Garrison; for I hare no great Cause to take delight in it. I have that high Esteem of your Worth, Nobleness, and true Judgment, that knowing you will offer nothing ignoble or unworthy for me to do, as the Case stands with me, I desire to know what Conditions, I may have, and I will, return you present Answer, and in the mean time I rest,
According to your Lordship's Desire, I have returned you Conditions, such as may be fit and satisfactory to the Soldiery. To your Lordship and Family I have granted Quiet and Security from all Violence of any that belong to me. I Would persuade your Lordship not to fear any ill or Disrespect from the Committee of this County, (I shall easily reconcile that Party) or that they will do any thing but as they shall receive Order from the Parliament. By this Means you are at Liberty to, send to the Parliament; and upon a present Surrender and Submission to their Mercy and Favour, your Lordship cannot but think to receive better Terms for yourself, than if you stand it out to the last Extremity, when besides the Hazard of your person, and of those in your Family (which I do presume are dear to you) and the Spoil of the Castle, which cannot be avoided in extreme Undertakings against it. Your Lordship hath no Reason to expect better than, the Marquess of Winchester received, who in making good Basing-House to the last, narrowly escaped in his own Person, lost his Friends, subjected those that escaped to great Frights and Hazard, his House and Estate to utter Ruin, and himself to Extremity of Justice. Touching your Lordship's 20000 l. your Lordship hath Liberty to solicit about that by the same Hands your Lordship shall given an Account of the Surrender to his Majesty. I desire your Lordship, upon Receipt of these, to dismiss my Trumpeter, and to return Answer by one of your own.
The difficulty of Resolution by the Soldiers and Officers (other than I thought) causeth my Request for your Patience, in not giving you full Answer to the Conditions you sent me Yesterday; but as soon as 1 shall obtain it, you shall not be long without it: But one Thing, and that of Moment, I desire to be satisfied in, Whether if any Conclusion should be made, that afterward I shall be left to the Mercy of the Parliament, for Alteration at their Will and Pleasures; and if it be so, I shall endeavour in vain to study more about it: For Example; in my Lord of Shrewsbury's Case, and divers others, how Conditions have been broken, doth a little affright me. I know by your Will and Consent it should, never be; but Soldiers are unruly, and the Parliament unquestionable, and therefore I beseech you pardon my just Cause of Fear, and I will rest,
I have perused your Letter of this 11th of August: As to your Scruple where in you desire to be satisfied (so far as I understand it) I can only give you this Resolution, That what I grant, I will undertake shall be made good. As to the Instance you give in my Lord of Shrewsbury's Case, the Actors in that Breach (who were none of my Army) have received their Censure, and by this time, I believe, the Execution. But here, if any Conclusion be made while I stay, I dare undertake there shall be no such thing; or if any, there shall be Reparation.
For the better Accommodation of these unhappy Differences, if you please that there may be a Cessation of Arms and Working, and to engage your Honour for the Return of my Commissioners, To-morrow by Ten of the Clock they shall wait upon you in your Leaguer, where they shall vindicate me for being the only Obstruction of the General Peace. So, in expectation of your sudden Answer, I rest
Having not yet received in any of your Letters a direct Answer to the Conditions I sent you, I have no Grounds or Consideration for such a Cessation of Arms and Working as in your Letter your desire; but if it be your Purpose to return your Answer by commissioners, I shall by the Hour you mention appoint Commissioners of mine own to receive the same in the Leaguer, as you desire, and engage myself for the safe Return of yours, not exceeding six Commissioners, and as many Servants; and in order to this I shall be content there be a Cessation of Arms, and working from Nine of the Clock. To-morrow Morning, 'till Two in the Afternoon.
Had I not thought you had been in the Leaguer, to the End that Propositions from the Place, in Answer to yours, might have been first presented unto you, and to avoid Delays, which I thought your Side would best like of, it was resolved to send Commissioners together with our Propositions but considering it was otherwise, I have sent you such as I am advised unto, to take into your Consideration: And because there is some Addition to yours, I would have been glad you had heard the just Reasons thereof, to the End you might not have been persuaded to slight them without just Cause. Your Pleasure for the ordering of Business, I at your Leisure expect; and, if you please, the Dismission of this Messenger; and so rest,
I have perused the Proportions sent out by your Commissioner, which I find such as deserve no Answer. I have offered your Lordship and the rest Conditions which you may yet have, if you accept in time: If there be anything in them obscure, needing Explanation, or wanting Circumstantials, for the better performing of the Things intended therein, I shall be willing to appoint Commissioners on my Part to Treat with yours to that Purpose, up on those Propositions of mine; provided you send Commissioners instructed with power to Treat and Conclude, and return your Resolution herein by Six of the Clock in the Evening.
In the mean time the Besiegers went on with their Approaches toward the Castle, their main Works being not above some 60 Yards distant, and had planted Four Mortar-pieces in one Place, and Two Mortar-Pieces at another, each Mortar-piece carrying a Granado-Shell Twelve Inches Diameter.
August 14. Fairfax appointed a new Approach; which the Engineer, Captain Hooper, had so far proceeded in, as to throw up Approaches of an Hundred Yards in Circuit, making exact running Trenches (as secure as if they were Works against a Storm) coming within Sixty Yards of their Works.
August 15. The Marquess sent forth his Desire to Treat upon the General's Propositions; whereupon the Treaty was appointed at Mr. Oats's House (about a Mile and a half from Ragland), to begin at Two of the Clock that Afternoon. Fairfax's Commissioners were Col. Birch Mr. Herbert, Quartermaster-General Grasvenor, Lieutenant-Colonel Ashfield, and Major Tulida.
Articles concluded and agreed on between his Excellency Sir Tho. Fairfax, Kt. General of the Forces raised by the Parliament, on the one Part; and the Right Honourable the Marquess and Earl of Worcester, Governor of the Castle and Garrison of Ragland, on the other Part; for and concerning the Surrender of the Castle and Garrison of Ragland.
1. That the Castle and Garrison of Ragland, with all the Ordnance, Arms, Ammunition and Provision of War thereunto belonging, shall be delivered up without wilful Spoil, unto his Excellency, Sir Tho. Fairfax, or such as he shall appoint to receive the same, on Wednesday next, being the 19th Day of this Instant August, by Ten of the Clock in the Forenoon, in such Form as shall be expressed in the ensuing Articles.
2. That upon the said 19th Day of August, the Officers, Gentlemen, and Soldiers of the Garrison, with all other Persons therein, shall march out of the said Garrison with their Horses and Arms, with Colours flying, Drums bearing, Trumpets sounding, Matches lighted at both Ends, Bullet in their Mouths, and every Soldier with Twelve Charges of Powder, Match and Bullet proportionable, and Bag and Baggage, to any Place within Ten Miles of the Garrison, where the Governor shall nominate; where, in respect his Majesty hath no Garrison in England, nor Army any where within this Kingdom, and Dominion of Wales, their Arms shall be delivered up to such as his Excellency shall appoint to receive them, where the Soldiers shall be disbanded; and that all, both Officers, Gentlemen, and Soldiers, shall have the Benefit of these ensuing Articles, except Persons excepted from Pardon and Composition, they engaging themselves not to bear Arms hereafter against the Parliament, nor do any thing during their Abode in the Parliament's Quarters, prejudicial to their Affairs.
3. That such as desire to go to their own Homes, or to their private Friends, shall have the General's Pass and Protection for their peaceable Repair to and Abode at the several Places they shall desire to go unto; the Officers and Gentlemen to pass with their Horses and Arms; also such Officers or Gentlemen, reformed or not reformed, that want Horses, shall march with their Arms; and all Officers, Gentlemen, Soldiers, and others, shall pass with Bag and Baggage.
4. That all Officers, Gentlemen, and others comprized within this Capitulation, shall have Three Months Time allowed them to remain in any Place within the Parliament's Quarters, for the endeavouring their Peace and Composition. And all Gentlemen that desire to go beyond the Seas, shall have their Passes for themselves and their Servants, and all other Necessaries, to any Sea-port to ship themselves, they paying the usual Rate: Provided they go within Three Months after the said Surrender. And that all Gentlemen, Officers, and others, as shall desire to take Foreign Entertainment, shall, without Exception, have Passes for themselves and Servants to go to London or elsewhere, to treat with any Ambassador, or other, to that Purpose, with their Bag and Baggage, to march to any Port, to be transported whither they please, they likewise paying the usual Rates.
6. That no Officers, Gentlemen, or Soldiers, during these Three Months, shall be question'd for any Words spoken, or Acts done, relating to this War since the Commencement of it. That no Person comprized in these Articles be reproached, affronted, plunder'd, or injur'd in their March, Quarters, or Places of Abode; or any Person that shall receive them, shall be molested, or suffer any Prejudice therefore, but shall have Liberty during the limited Time, to pass about their lawful Occasions; provided they act nothing to the Prejudice of the Parliament. And in case any of these Articles be broken by any particular Person, That the Punishment extend no farther than the Party so offending; and that all these Articles may be faithfully observed, according to the true Intent thereof, without any Cavil or mental Reservation to infringe them, or any of them.
On Wednesday, August 19. the Castle was surrendred, according to Agreement to Sir Tho. Fairfax, for the Use of the Parliament. The Garrison was no sooner marched forth, but Fairfax entred the Castle, took a View of it, had some Conference with the Marquess, and afterwards went that Night to Chepstow, where he was entertained by the Committee there; from whence on Thursday 20. he returned to his Quarters at Bath.
This Castle of Ragland was a very strong Place, having a deep Moat encompassing it, besides the River running by it. There were delivered up with it Twenty Pieces of Ordnance, only Three Barrels of Powder, but they had a Mill with which they could make a Barrel a Day: There was found great, store of Corn and Malt, Wine of all sorts, and Beer: The Horses they had left were not many, and those that were, almost starv'd for want of Hay; so that the Horses had like to have eaten one another for want of Meat and therefore were tied with Chains: There was also great store of Goods and Rich Furniture found in the Castle, which Fairfax, committed to the Care and Custody of Mr. Herbert, Commissioner of the Army, Mr. Roger Williams, and Major Tuliday, to be inventoried: And that in case any of the Country could make a just Claim to any of them, as having been violently taken from them, or they compelled to bring them in thither, they should have them restor'd.
There marched out of the Castle the Marquess of Worcester, who was then above Fourscore Years of Age; the Lord Charley, the Marquess's Son; the Countess of Glamorgan, the Lady Jones, Sir Philip Jones, Dr. Bailey, Commissary Gwilliam, 4 Colonels, 82 Captains, 16 Lieutenants, 6 Cornets, 4 Ensigns, 4 Quartermasters, 52 Esquires and Gentlemen.
Much about the same time was Pendennis-Castle surrender'd to the Parliament, being a Very strong Place, situate in the utmost part of Cornwall, standing upon the Sea, and commanding in a great part the Harbour of Falmouth. It had been Garrison'd for the King by the Honourable John Arundel of Trerise, Esquire, and was beleaguer'd by part of Fairfax's Army, under the Command of Col. Fortescue by Land, and by Capt. Batton, the Parliament's Vice-Admiral, by Sea: And after a considerable Siege, and gallant Resistance, was surrender'd on these Articles.
Articles agreed on the 16th of August, Anno Dom. 1646. between Sir Abraham Shipman, Lieut. Col. Richard Arundel, Col. William Slaughter, Col. Charles Jennings, Col. Lewis Tremain, Nevil Bligh, and Joseph June, Esq; Lieut. Col. Anthony Brocket, on the Behalf of the Honourable John Arundel of Trerise, Esq; Governor of the Castle of Pendennis, of the one Party: And Col. John St. Aubin, Esq; High-Sheriff of the County of Cornwal, Sir John Ayscue, Kt. Col. Robert Bennet, Lieut. Col. Edward Herle, Lieut. Col. Tho. Fitch, Lieut. Col Richard, Townsend, Major Thomas Jennings and Capt. Walter Maynard, on the Behalf of the Honourable Col. Richard Fortescue, Commander in Chief under his Excellency Sir Thomas Fairfax, of all the Force of Horse and Foot within the County of Cornwal; and the Honourable Capt. William Batton, Vice-Admiral and Commander in Chief of the whole Fleet employ'd for the Service of King and Parliament, on the other Party.
1. That the Castle of Pendennis, with all Fortresses, Forts, Fortifications thereunto belonging, the Ships and all other Vessels lying under the Castle, with the Furniture and Provisions unto them appertaining, all Ordnance of all sorts, with their Equipage, and all Arms, Ammunition Provisions, and all other Impliments of War, Necessaries and Commodities of and belonging to the said Castle and Garrison (except what otherwise shall be disposed by these Articles), shall without any manner of Diminution, Spoil, or lmbezzlement, be deliver'd upon Monday the 17th Day of this Instant August, at Two of the Clock in the Afternoon, into the Hands and Custody of the Two Commanders in Chief by Sea and Land respectively, or such Person or Persons as shall be by them appointed for the receiving of the same. And that immediately, upon signing the said Articles, the said Person, shall be admitted into the Castle, to see the just Performance of the Premises, and Hostages given for the due Observance of them.
2. That John Arundel of Trerise, Esq; Governor of the said Castle of Pendennis, with his Family and Retinue, and all Officers and Soldiers of Horse and Foot, and all the Train of Artillery, and of the Ships, as well Reformado'd Officers as others; and all, Gentlemen, Clergymen, and their Families and Servants, shall march out of the Castle of Pendennis, with their Horses, compleat Arms, and other Equipages, according to their present or past Commands and Qualities, with flying Colours, Trumpets sounding, Drums beating, Matches lighted at both Ends, Bullets in their Mouths, and every Soldier Twelve Charges of Powder, with Bullets and Match proportionable, with all their own proper Goods, Bag and Baggage, with a safe Convoy unto Arwinch-Downs: And because his Majesty hath neither Army nor Garrison in England, to our Knowledge they shall there lay down their Arms (saving their Swords) unless such who are Officers in Commission, who with their Servants are to retain their Arms According to their Qalities; Country-Gentlemen and their Servants their Swords, only Ensigns their Colours; where such Persons as Col. Fortesue shall appoint, are to receive them: And as many as desire it, are to have Passes from the Commanders in Chief, to pass to their several Dwellings, or to such other places under, the Power of the Parliament, or beyond the Seas, as they shall desire, and not be plunder'd, searched, or injured in their March, or after, they not doing any thing to the Prejudice of the Parliament's Affairs; and no Man to be prejudic'd for the giving any of the Persons comprized in the said Articles, Entertainment in their Houses: And that the old Garrison-Soldiers, who have Houses in the Castle, shall have 28 Days after the Surrender, for the removing and disposing of their Goods.
3. That the Prince's Servants, with their Arms, and all Commanders, Officers, Gentlemen, Ladies, Gentlewomen, Clergymen, and all others, with their Retinue, that desire it, shall have Liberty to pass with their Bag and Baggage, and what else is allow'd in the Articles, beyond the Seas; and to that Purpose there shall be provided by the Vice-Admiral a sufficient Number of Navigable Vessels, with a Convoy for their safe Transporting from the Haven of Falmouth, within 28 Days after the Surrender of the said Castle, to be landed at St. Maloes in France; and in the mean Time to be assigned Free Quarters at convenient Places by Col. Fortescue, Commander in Chief; and during the said Time, that they be not plunder'd or injur'd, they acting no thing prejudicial to the Parliament Affairs.
4. That Col. Wise, and all Officers and Soldiers of his Regiment, or as many of them as desire it, be shipt in Falmouth-Harbour, in Vessels to be provided by the Vice-Admiral, and landed at Swansey in Wales: And that such as are of the County of Cornwal, be shipt and landed as Looe; and those that be of Devon, to be landed at Yalme; and all to be shipt with Bag and Baggage, and such Arms as formerly allowed them, nor to be plundered nor injur'd in their Passage.
5. That whereas by Reason of the long Siege of the Castle of Pendennis, many of the Officers and Soldiers of the said Garrison are grown into great Necessity of all such Things as might enable them to march to their several Dwellings, many sick and wounded; and to the intent they may be supplied with Necessaries for their Accommodations within the Time limited to them by these Articles, it is promised and consented unto by the Commissioners for the Leaguer, to and with the Commissioners for the Castle, That Five Hundred Pounds Sterling shall be delivered into the Hands of the Commissioners of the Castle, or any Three of them, at 8 of the Clock to Morrow Morning at Penrin, to be destributed among the Officers and Soldiers aforesaid, as they shall think fit; and they are not to take any Free Quarter in their Marches.
6. That all Goods taken from any Person for the Accommodation of this Garrison, or any Person therein, shall be restored to their proper Owners, or such as they shall appoint; and all Goods now in the Castle that properly belong to any other Persons, shall be restored to the Owners thereof: And if any Person carry away; any Goods not properly belonging unto him, and deny to deliver them upon demand, in presence of any Officer in Commission, he shall lose his Bag and Baggage, and have such Punishment as the now Governor of the Castle, and the Commander in Chief, or any Two of them, shall think sit: But all Persons may retain whatsoever was taken from Persons in Arms, as lawful Prize of War.
8. That no officer, Soldier, or other Person comprized within these Articles shall be reproached, or have any disgraceful Words or Affronts offered, or be stopt, searched, plundered, or injur'd in their Marches, Rendezvous Quarters, Journeys, Places of Abode or Passages by Sea or Land and if any such thing be done. Satisfaction to be made, according to the Judgment of any Two Commissioners or more, being of equal Number of each Party: Nor shall any of the Persons aforesaid be compelled to take up Arms against the King, nor be imprison'd for any Cause of publick or private Concernment, during the Space of 28 Days after the Surrender of the said Castle; nor for any Cause of Publick Concernment, for 28 Days after: the said 28 Days are ended.
9. That if any Person within the Garrison be sick or wounded, that they cannot take the benefit of the Articles at present, they shall have liberty to stay and be provided for at convenient places until they recover, and then they shall have the fruit and benefit of these Articles.
10. That all persons comprized in this Capitulation, shall enjoy their Estates Real and Personal, they submitting to all Orders and Ordinances of Parliament, and shall fully enjoy the benefit of these Articles.
11. That all Prisoners of War of either side be set at liberty; and that liberty be given immediately after the Surrender of the said Castle, to the Governour thereof, to give notice to their Friends of the Surrender of the said Castle and that no Vessel coming with Relief within Ten days after the Surrender, shall be made Prize.
12. That if any of these Articles shall in any Point be broke or violated by any person or persons in Pendennis, or compriz'd within this Capitulation, the Fault and Punishment shall be upon them or him only who made the Breach or Violation, and shall not be imputed or charged on any other net assenting thereunto, or acting therein.
13. That all persons comprized in these Articles, shall upon request have Certificates under the hands of the Commander in Chief respectively, That such Persons were in the Castle at the time of the Surrender thereof, and Were otherwise to have the benefit of these Articles.
14. That the Commanders in Chief respectively shall give Passes to one or two Messengers with their Servants, not exceeding Six, to go to the King by Sea or Land, from; the Governour, to give an Account to him of the Proceedings of this Treaty, and Conclusion thereof and to return and receive the benefit of these Articles.
Some time before this, Major-General Mitton took the Town of Conoway in North-Wales, wherein he was much assisted by Dr. Williams, Archbishop of York: For that Prelate about April 1646. had quitted the King's Party, declared for the Parliament, and betaking himself to his House at Purin, near Conoway, put a Garison therein for the Parliament, and persuaded the Country not to pay Contribution any longer to Conoway; which incensing that Garison, the Lord Byron, upon notice of such his Revolt, sent out a Party from Conoway to besiege him in his House; but he sending to Col. Mitton for Assistance, Mitton dispatch'd a Party thither to interpose and help him; and the Bishop became active on that side in Person, so that he received a Wound on the side of the Neck, before Conoway, but not dangerous: And Mitton being drawn before that Town, his Grace the Archbishop assisted at a Council of War on the 8th of August, where it was resolved to storm the Town; which was accordingly attempted, and with some Loss accomplished, and some days after the Castle surrender'd; as also Flint-Castle, and all other places in Wales.