House of Lords Journal Volume 10: 31 August 1648

DIE Jovis, 31 die Augusti.

PRAYERS, by Mr. Whitacre.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Judges excused.

Ordered, That Mr. Baron Trevor and Mr. Justice Pheasant are excused from their Attendance upon this House, in regard they are to prepare themselves for their Circuits.

Petition from the Common Council, with one from some Citizens.

This Day Mr. Sheriff Avery, with other Aldermen and Common Council-men, presented a Petition to this House, from the Lord Mayor, Aldermen, and Common Council of London, with a Petition which was presented unto them by divers Citizens of London.

Thanks to be returned to the Petitioners.

The Petitions were read publicly. (Here enter them.)

And then the Persons that brought them withdrew.

And the House, after Consideration, (fn. 1) and the Question being put, "Whether Thanks shall extend to both these Petitions now delivered?"

And it was Resolved in the Affirmative.

Then these Lords following were appointed to draw up the Thanks; and to present the same to this (fn. 2) House presently:

Dr. Burges's Petition.

Ordered, That Doctor Burges' Petition shall be sent down to the House of Commons.

Clerk versus Burches and Case.

Upon reading the Petition of Samuell Clerke, against Peter Burches and Hugh Case:

It is Ordered, That they shall put in their Answer to this House this Day Fortnight, and shew Cause why they do not permit the said Samuell Clerke quietly to enjoy his Living, and be quietly instituted and inducted into it, (fn. 3) according to Order of this House.

Ly. Moor's Petition.

Upon reading the Petition of the Lady Moore: It is Ordered, That it be sent to the House of Commons, with Recommendations.

Col. Urry, a Pass.

Ordered, That Lieutenant Colonel Urry shall have a Pass, to go into the Kingdom of Scotland.

Wilts Ordinance.

An Ordinance for putting the County of Wilts into a Posture of Defence, was read Twice; and the House was adjourned during Pleasure into a Committee, to consider of it.

The House was resumed.

Colchester Articles.

Next, was read a Letter from the Lord General, with the Articles of the Surrender of Colchester, and a List of the Prisoners Names. (Here enter them.)

L. Goring and L. Capel to be sent to Windsor Castle.

Ordered, That a Letter be written to the Lord General, to desire that the Lord Goringe and the Lord Capell may be conveyed to Windsor Castle safely: And it is further Ordered, That an Order be sent to the Governor of Windsor Castle, to receive them, and keep them in safe Custody, being taken in actual War against the Parliament. (Here enter them.)

Answer to the Common Council, &c.

The Earl of Northumb. from the Committee, reported the Draught of an Answer to be returned to the City Petitions; which, being read, was approved of upon the Question.

And the Sheriffs and Aldermen, &c. were called in again; and the Speaker returned them this Answer, as followeth:

The Lords have considered of your Petition, and the Petition of divers well-affected Ministers, Citizens, and others, of the City of London and Parts adjacent; and have commanded me to return Thanks unto you, for your good Affection expressed in this Particular; and do desire you, that you will return Thanks to those well-affected Ministers, Citizens, and others, of the City of London and Parts adjacent, for their good Affection which they have expressed, in desiring the Removal of all Jealousies, and endeavouring a perfect Union of the Well-affected, in order to the procuring of a safe and well-grounded Peace."

Message from the H. C. with Ordinances and Orders; and to remind the Lords of the Wilts and Radnor Ordinances.

A Message was brought from the House of Commons, by Mr. Greene, &c; who brought divers Particulars, wherein their Lordships Concurrence is desired:

1. An Ordinance for Forty Thousand Pounds for the Navy, Seven Thousand Pounds for furnishing the Stores with Powder and other Ammunition, and Three Thousand Pounds for the Forces of Lancashire.

(Here enter it.)

Read, and Agreed to.

2. Order for Edward Husbands to have Five Hundred Pounds out of the Rents and Profit of the Estate of Sir Henry Gibbes.

3. An Ordinance for disposing the new Sequestrations of Surrey, towards the raising and paying a Troop of Horse.

4. Order for Fifty Pounds for Captain Lieutenant Worthington.

5. Order for Four Hundred Fifty Pounds for Captain Pittson, &c.

6. Order for Two Thousand Ten Pounds for Colonel Wayte's Arrears.

7. Order for One Hundred Fifty Pounds to Captain Pittson and James Noble.

8. Order for One Hundred Pounds for Mr. Edward Evans.

9. Order for Two Hundred Pounds bestowed on Major Smithson, and for Three Hundred Pounds as Part of his Arrears.

10. Order for Two Hundred Pounds for Colonel Eyres.

11. Order for Fifty Pounds for Edward Watson, Servant to the Lord General.

12. Order for Phineas Payne to have Twenty Pounds, out of Sir Charles Keymish's Fine.

13. To put their Lordships in Mind of the Ordinances for Wi'ts and Radsnor.

The Answer returned was:

Answer.

That this House agrees to the Ordinance for Forty Thousand Pounds for the Navy, &c.: To the rest, they will send an Answer by Messengers of their own.

Letter from L. Fairfax, that Colchester has surrendered:

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

My Lord,

I have herewith sent you the Articles, with the Explanations annexed, upon which it hath pleased God in His best Time to deliver the Town of Colchester and the Enemy therein into your Hands, without further Bloodshed; saving that (for some Satisfaction to Military Justice, and in Part of Avenge for the innocent Blood they have caused to be spilt, and the Trouble, Damage, and Mischief, they have brought upon the Town, this Country, and the Kingdom) I have, with the Advice of a Council of War of the Chief Officers both of the Country Forces and the Army, caused Two of them, who were rendered at Mercy, to be shot to Death before any of them had Quarter assured them. The Persons pitched upon for this Example were, Sir Charles Lucas and Sir George Lisle; in whose Military Execution, I hope, your Lordship will not find Cause to think your Honour or Justice prejudiced. As for the Lord Goreing, Lord Capell, and the rest of the Persons rendered to Mercy, and now assured of Quarter, of whose Names I have sent your Lordship a particular List, I do hereby render to the Parliament's Judgement, for further Public Justice and Mercy to be used, as you shall see Cause. I desire God may have the Glory of His multiplied Mercies towards you and the Kingdom in this Kind; and, in the Condition of Instruments, as to the Service here, the Officers and Soldiers of Essex and Suffolke (who in this Time of so dangerous Defection have adhered constant to yours and the Kingdom's Interest), for their faithful Demeanor and patient Endurance in the Hardships of this Service, are not to be forgotten.

Hieth, 29 Aug. 1648.

"Your Lordship's

"Most humble Servant,

"T. Fairfax."

Articles for the Surrender of it.

"Articles agreed upon, the 27 of August, 1648, by and between the Commissioners of his Excellency the Lord General Fairefax on the one Party, and the Commissioners of the Earl of Norwich, Lord Capell, and Sir Charles Lucas, on the other Part, for and concerning the Rendition of the Town and Garrison of Colchester.

1. That all the Horses belonging to the Officers, Soldiers, and Gentlemen, engaged in Colchester, with Saddles and Bridles to them, shall be brought in to Marye's Church Yard, by Nine of the Clock Tomorrow Morning, and the spare Saddles and Bridles into that Church; and delivered, without wilful Spoil, to such as the Lord General shall appoint to take Charge of them.

2. That all the Arms, Colours, and Drums, belonging to any of the Persons in Colchester abovementioned shall be brought into St. James's Church, by Ten of the Clock To-morrow Morning; and delivered, without wilful Spoil or Embezzlement, to such as the Lord General shall appoint to take Charge of them.

3. That all Private Soldiers, and Officers under Captains, shall be drawn together into the Fryers Yard, adjoining to the East Gate, by Ten of the Clock To-morrow Morning, with their Cloaths and Baggage; their Persons to be rendered into the Custody of such as the Lord General shall appoint to take Charge of them; and that they shall have their Quarter according to the Explanation made in the Answer to the First Quare of the Commissioners from Colchester, which is hereunto annexed.

4. That the Lords, and all Captains and Superior Officers and Gentlemen of Quality engaged in Colchester, shall be drawn together to The King's Head Inn, with their Cloaths and Baggage, by Eleven of the Clock To-morrow Morning; and there render themselves to the Mercy of the Lord General, into the Hands of such as he shall appoint to take Charge of them; and that a List of the Names of all the General Officers and Field Officers now in Command in the Town be sent out to the Lord General, by Nine of the Clock in the Morning.

5. That all the Guards within the Town of Colchester shall be withdrawn, from the Line, Fort, and other Places, by Eight of the Clock To-morrow Morning; and such as the Lord General shall appoint, shall thereupon come into their Rooms.

6. That all the Ammunition shall be preserved in the Places where it lies, to be delivered to the Comptroller of his Excellency's Train by Ten of the Clock To-morrow Morning; and all the Waggons belonging to the Soldiery or Persons engaged, with the Harness belonging thereunto, shall be brought to some convenient Place near the Ammunition, to be delivered to the same Person by the same Hour.

7. That such as are wounded and sick in the Town be there kept and provided for, with Accommodation requisite for Men in their Condition; and not removed thence until they be recovered, or able without Prejudice to their Healths to remove; and shall have such Chirurgeons allowed to look to them as are now in the Town.

8. That all Ordnance in the Town, with their Appurtenances, shall, without wilful Spoil, be left at the several Platforms or Places where they are now planted, and so delivered to his Excellency's Guards that shall take the Charge of those Places respectively.

9. That from henceforth there shall be a Cessation of Arms on both Parts; but the Forces within the Town to keep their own Guards, and the Lord General's to keep theirs, until they shall be removed according to the Articles aforegoing.

"Signed by us,

"Hieth, Aug. 27, 1648.

"Queries propounded by the Commissioners from Colchester, to the Commissioners of his Excellency the Lord Fairefax, upon the Conditions sent into the Town.

"1. What is meant by fair Quarter?

"2. What by rendering to Mercy?

"To the First:

"By fair Quarter, we understand, That, with Quarter for their Lives, they shall be free from Wounding or Beating, shall enjoy warm Cloaths to wear them and keep them warm, shall be maintained with Victuals fit for Prisoners while they shall be kept Prisoners.

"To the Second:

"By rendering to Mercy, we understand, That they be rendered, or render themselves, to the Lord General, or whom he shall appoint, without certain Assurance of Quarter, so as the Lord General may be free to put some immediately to the Sword (if he see Cause); although his Excellency intends chiefly, and for the Generality of those under that Condition, to surrender them to the Mercy of the Parliament and General. There hath been large Experience, neither hath his Excellency given Cause to doubt, of his Civility to such as he shall retain Prisoners; although by their being rendered to Mercy he stands not engaged thereby.

"Upon Return of these Answers, the Commissioners from Colchester propounded these Two further Queries.

"1. Whether those that were surrendered to Mercy shall enjoy their Wearing Cloaths, as well these on their Backs as what other Change they have?

"2. Whether the Noblemen and Officers shall have Use of their own Horses, to the Places where they shall be confined?

"To which was answered by His Excellency's Commissioners.

"To the First:

"It is intended, That those who shall be tendered and received to Mercy shall enjoy the Wearing Cloaths on their Backs; but for more, the General will not be engaged.

"To the Second:

It is expected (in case of Surrender upon Treaty) that all Horses as well as Arms be delivered up; and for Circumstances thereof, there is to be an Article: Yet for the Gentlemen and Officers under this Condition in Question, when any of them shall be removed to the Places of Confinement, his Excellency will take Care for Horses to carry them (with respect to their Qualities); but for allowing their own Horses, he will not be engaged."

List of Prisoners taken in Colchester.

"A List of the Prisoners taken at the Surrender of Colchester, the 28th of August, 1648.

Petition from the Common Council, with the following one.

"To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled;

Sheweth,

"That your Petitioners, sitting in Common Council upon Occasions presented by a Committee of the Honourable House of Commons, a Petition was exhibited unto them, by divers well-affected Citizens, with a Paper thereunto annexed, and very many Hands subscribed; which Petition and Paper they desired might be presented to the Honourable Houses of Parliament; and being read, and seriously considered of, they did apprehend the Contents thereof to be Matter of very high Concernment; and thereupon thought it their Duty to present the same to the Honourable Houses of Parliament.

And whereas there is Mention therein made of some Jealousies concerning the City of London, which (as they hope) cannot be justly charged upon them; so they shall be ready to vindicate themselves from the said Jealousies, when the Honourable Houses of Parliament shall think fit to require the same.

And your Petitioners, as bound, shall humbly pray, &c.

"Michel."

Petition from Citizens and others, with the following Paper.

To the Right Honourable the Lords assembled in the High Court of Parliament of England, sitting at Westminster.

The humble Petition of divers well-affected Ministers, Citizens, and others, of the City of London and Parts adjacent; together with a Paper annexed, of their humble Desires for the Allaying and Removal of the Jealousies and Discontents, the visible Causes of our sad Divisions and Distractions;

Humbly shewing,

That the many treacherous Plots and Contrivances working by the Common Enemy in some Parts, their open Appearing again in other Parts of this Kingdom, their great Hopes and high Assurances they boast of generally, by a Second War, to obtain their wicked Ends, the Destruction of this Parliament, together with the Ruin of our Religion, Laws, and Liberties, and the sad Divisions and Distractions which your Petitioners do at the same Time (to their great Grief of Heart) behold amongst those who have formerly been engaged with you in one and the same Cause, now weakening their Hands and Counsels, alienating their Affections one from another, and fitting them only to be a Prey to the common Enemy, do necessitate your Petitioners, out of their abundant Sense and Sorrow for these Things, to open and unfold the visible Causes thereof to this Honourable Court, in the Paper hereunto annexed, together with those Things your Petitioners humbly conceive may be healing Remedies.

Therefore your Petitioners do humbly pray, That this Honourable Court will take the said Paper annexed into their serious Consideration; and that they may be so understood, as whatsoever is therein presented is out of the Sincerity of your Petitioners Hearts, and their Zeal to the Honour and Happiness of the Parliament and Kingdom, and wholly with Submission to your Honours Wisdom and Determination: And if, by what is suggested therein, your Petitioners shall in the least Measure be instrumental to the Healing of those Wounds which are made by the Divisions among us; as they shall have great Cause to bless God, so they shall for ever acknowledge the Wisdom and Goodness of this Honourable Court, and be further engaged to adhere thereunto with their Lives and Estates.

And your Petitioners, &c.

Paper from them, desiring Justice on Delinquents;—for the Government not to be altered;—for a Peace to be obtained, and for the Army to be disbanded;—and concerning their Jealousies of the Parliament, City, and Army.

That the present great Divisions and Jealousies in this Kingdom, in reference both to Church and State, among those that have been formerly united and engaged in the Cause of the Parliament and Kingdom, have given great Advantage to the malignant Party, to make their late Insurrections, and to lay the Foundation of a Second War; and that the Jealousies and Discontents throughout the Kingdom are such as principally concern Parliament, City, and Army.

Those concerning the Parliament seem to arise from Apprehensions and Fears:

1. That the Parliament intend not really to settle Religion, according to the Word of God, and the solemn League and Covenant, nor the Execution of Justice upon Delinquents; but that what they do therein ariseth more out of the several Exigents they are brought into, than out of a Love and Liking of the Things themselves, and full Resolutions to maintain them.

2. That they intend to alter the ancient and fundamental Government of this Kingdom, by King, Lords, and Commons.

3. That they intend, not only the necessary Continuance of the Army at present, and to make Use thereof for the subduing the common Enemy, and quieting the Distempers of the Kingdom; but to govern the Kingdom by an Army, to be perpetually maintained to that End, and consequently the continuing of Excise and Taxations.

4. That they intend not really to make a Peace with the King, though they might have it with Safety and Security to Religion, Law, and Liberty.

For Remedy whereof, it is earnestly desired,

1. That the Parliament would please fully and effectually to declare their sincere Resolutions to perfect the Work of Reformation, according to the Word of God and the solemn League and Covenant, with Execution of Justice upon Delinquents, and their Resolutions to remain stedfast and unmovable therein, notwithstanding any Pressure of a popish and prelatical Party, and the Influence of any other Party or Forces whatsoever.

2. That they publish to the Kingdom, their Resolution not to alter the Government thereof, by King, Lords, and Commons.

3. That the Parliament will proceed, with all Chearfulness and possible Speed, to obtain a Peace, upon Terms that are secure for Religion, Law, and Liberty, and for those that have adventured their Lives and Estates for the Parliament; for that End, that the Treaty the Houses have resolved upon at the Isle of Wight, or shall resolve upon at any other Place, may be so managed, that it may be a real Demonstration to the Kingdom, that, as the Parliament will not recede from the Grounds of their Cause, so there shall be no other just Cause given, either by Delay or Obstruction, to a safe and well-grounded Peace on their Parts.

4. That, upon such a Settlement, timely Care may be taken for easing the People of the Burden of Armies and Taxations; and Encouragement given to the Advance of Trade.

Jealousies concerning the City.

1. That they seem to recede from their former sound Principles upon which they have engaged with the Parliament, in their earnest pressing the Parliament for Peace, for a Personal Treaty, and the King's coming to London, without the like Expressions of their Zeal for the Reformation of Religion, Freedom of Parliament, and Liberty of the Subject, to be provided for in that Treaty, and secured in the Settlement of Peace; whereby they have too much gratified and strengthened the common Enemy in their late destructive Designs.

2. That the former Readiness of the City to discover the secret Plots of the malignant Party, and to oppose them when they are discovered both in City and Country, seemeth to be much abated; and that the Listing of Horse and Foot and Preparation of Arms, by many in the City and Out Parts, for the late Insurrections in the Counties adjacent, together with the general With-holding their Contributions to the Forces that should oppose them, raises a Jealousy of the City's Affection to the Parliament; and that the late Confidence taken by a private Person coming from the Scottish Army into the City, to levy Money, upon the Faith of the Kingdom of Scotland, for their Army invading the Kingdom of England, causeth a Jealousy, that secret Compliances are held, and Aids given to that Army, by too many in this City.

For Remedy whereof, it is desired,

That the Parliament would recommend it to the City, that they do declare, That, as they have earnestly desired a Treaty with the King for Peace, so they are resolved to assist the Parliament with their Lives and Estates, to obtain safe Concessions for the Preservation and Security of Religion, Law, and Liberty; and that they declare their great Dislike and Detestation of the late Tumults in the City, and Insurrections in the Counties, and the Revolting of the Ships and Castles; and their Readiness to assist the Parliament with their Lives and Estates against them, and the late Invasion by the Scottish Army, now joined with the Malignant and Popish Party in the North: And that they will chearfully submit to the Wisdom and Determination of the Parliament, in all the weighty Affairs of the Kingdom.

The Discontents and Jealousies concerning the Army.

1. From their Averseness to the Settlement of Religion, in Doctrine, Worship, Discipline, and Government, according to the Word of God, and the solemn League and Covenant; and their countenancing, by their Power, Multitudes of Persons of unsound judgement, and those opposite to such a Settlement.

2. Their not submitting formerly to the Parliament's Commands, and intermeddling with the Transactions of State; and their Disaffection to the City of London, both Ministers and People well-affected, who have been faithful to this Cause, and stand for Reformation.

3. That if, by the Assistance of the Persons and Estates of the Well-affected (who are mutually engaged with them in the Public Cause), they should be enabled to overcome the present Insurrections and Armies raised against it, they would turn their Success to the Advancement of their own private Power and Ends.

"For Remedy whereof,

It is desired, that the Parliament would recommend it to the General, Commanders, and Officers of the Army, That they do declare their Resolutions to submit to what they shall do, in the Establishing of Religion, the Settlement of the Peace of the Kingdom, and Preservation of the fundamental Government thereof; and that they declare an amicable Respect and Agreement with the City of London; and that when the Parliament in their Wisdoms shall think fit to lessen or disband the Army, that they accordingly yield Obedience."

Ordinance for 40,000 l;. for the Navy; 7000 l. for furnishing the Stores with Ammunition; and 3000 l;. for the Forces of Lancashire.

Whereas, upon the Departure of the Scottish Army out of this Kingdom of England, in the Year 1646, it was agreed, that Four Hundred Thousand Pounds should be paid unto them, in full Satisfaction for all Arrears due unto the Kingdom of Scotland for that Army, whereof Two Hundred Thousand Pounds was paid then unto them in Ready Money; and, by Articles of Agreement then passed with their Commissioners, the Public Faith of this Kingdom was given, for Payment of the latter Two Hundred Thousand Pounds; and, for the better Satisfaction and Security of certain Persons of that Nation, the Sum of Fifty Thousand Pounds thereof was, by Ordinance of both Houses of Parliament, dated the 12th of January, 1646, appointed to be paid, out of the Receipts of such Monies as should come in and be received by Fines and Compositions made, and to be made, with Papists and Delinquents, or by Sale of Papists and Delinquents Estates, at the End of Twelve Months after the Payment of the last One Hundred Thousand Pounds of the First Two Hundred Thousand Pounds, being the 3d Day of February, 1647, now last past; and at the same Time Fifty Thousand Pounds more, to make up the Third Hundred Thousand Pounds; and Twelve Months after that, (videlicet,) the 3d of February, 1648, One Hundred Thousand Pounds more, to make up the Four Hundred Thousand Pounds, by such Ways and Means as both Houses of Parliament should think fit: Be it therefore Ordained, That the latter Fifty Thousand Pounds, Part of the said Third One Hundred Thousand Pounds, charged and assigned on the said Receipts for Fines and Compositions of Papists and Delinquents, or Sale of their Estates, be paid by the Committee at Gouldsmiths Hall, their Treasurer or Treasurers, to the Persons, and for the Uses, hereafter mentioned; that is to say, Forty Thousand Pounds thereof to be paid unto Sir Henry Vane Junior, Knight, Treasurer of the Navy, by Order of the Committee of the Navy; Seven Thousand Pounds more thereof to be paid unto Sir Walter Erle Knight, Lieutenant of the Ordnance, for furnishing the Public Stores with Powder and other Ammunition for Land and Sea Service; and the remaining Three Thousand Pounds to be paid to Mr. William Cottom, of Preston, in the County of Lanc. for Payment of the Forces of Lancasheir, that, in the late Expedition against Langdale and his Forces and the Scotts Army, went out of that County, under the Command of Colonel Ralph Ashton: And this present Ordinance shall be to the Treasurers of Gouldsmith Hall, and all others whom it may concern, a sufficient Power and Authority to pay the said respective Sums unto the said Persons respectively; (videlicet,) to the said Sir Henry Vane, the said Sum of Forty Thousand Pounds; to the said Sir Walter Erle, the said Sum of Seven Thousand Pounds; to the said William Cottom, the said Sum of Three Thousand Pounds; whose respective Acquittances shall be a sufficient Discharge to the said Treasurers; any former or other Ordinance, concerning the Payment of the said Fifty Thousand Pounds, to the contrary in any Manner notwithstanding: And it is further Ordained, That the Committee of the Navy, or any Five of them, shall have Power to take up Monies at Interest, not exceeding Eight Pounds per Centum for the Supply of the pressing Occasions of the Navy, on the Credit of the said Forty Thousand Pounds payable to Sir Henry Vane, and of the said Seven Thousand Pounds payable to Sir Walter Erle, and to charge the said Interest on the said Receipts at Gouldsmiths Hall; which the said Committee, and their Treasurers, are hereby required to make Payment of accordingly; and for so doing, this shall be their sufficient Warrant."

Letter to I., Fairfax, thanking him for his Service before Colchester; and desiring him to send L. Goring and L. Capel to Windsor:

"My Lord,

"The Lords have received your Letter, by which you give them an Account of the Rendition of Colchester; have commanded me to return Thanks to your Lordship, for your Respect to them, and also for the good Service done in regaining of the said Town. They further desire, that you will send the Lord Goreing and the Lord Capell unto Windsor Castle, with a Guard for their Safety; and the Lords will give Order that the Governor shall receive them, and keep them in safe Custody.

31 Aug. 1648.

"Your Excellency's

"Friend and Servant,

"E. Manchester."

Colonel Whichcot to receive them there.

"Ordered, by the Lords in Parliament assembled, That Colonel Whichcutt, the now Governor of Windsor Castle, shall take into his Custody the Bodies of George Lord Goreing and Arthur Lord Capell, and keep them in Safety; being taken in actual War against the Parliament.

"To the Governor of the Castle of Windsor, his Deputy and Deputies."