House of Lords Journal Volume 8: 8 June 1646

DIE Lunæ, 8 Junii.

PRAYERS, by Mr. Corbett.

Comes Manchester, Speaker.

Letter from Sir T. Fairfax.

A Letter from Sir Tho. Fairefax was read, with the Articles of the Surrender of Bostall House.

(Here enter them.)

Capon & al. for a Riot in Mr. Maxwell's Park.

This Day Henry Capon, Thomas Hayle, Tho. Chichmer, John Poll, Benjamin Wheeler, and Edward Perneway, were brought to the Bar, as Delinquents, for cutting down the Woods, and breaking into the Park, of James Maxwell Esquire, near Guildford.

And they acknowledging their Offence, and promising never to commit the like Trespass again, nor come within the Park upon the like Occasion; the House, giving them a Reprehension for what they have already done, did let them know, that, if they did commit the like again, they shall be severely punished.

Upon this, the House Ordered, That they shall be released from the Custody of the Gentleman Usher of the Black Rod.

Message from the H. C. that they agree to the Exeter Ordinance;

A Message was brought from the House of Commons, by Bulstrade Whitlocke Esquire:

1. To let their Lordships know, that the House of Commons hath agreed with their Lordships in their Ordinance concerning Exon. (Here enter it.)

and with Orders; &c.

2. To desire Concurrence in divers Orders and Ordinances.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and will (fn. 1) send an Answer by Messengers of their own.

Message from the H. C. to expedite the Propositions.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight:

That the House of Commons having sent up the Propositions for Peace; (fn. 2) the Dispatch of the same being of so great Concernment, they desire their Lordships would please to give all Expedition to them.

The Answer returned was:

Answer.

That this House is now in Consideration of the Propositions, and will dispatch them as speedily as they can; and will send an Answer, by Messengers of their own.

Letter from the Scots Commissioners.

A Letter from the Scotch Commissioners was read.

(Here enter it.)

And the House Ordered the Speaker to draw a Letter in Return of this Letter; which was read.

And the Question being (fn. 3) put, "Whether this Letter now read shall be sent to the Commissioners of Scotland here?"

It was Resolved in the Affirmative.

The Letter.

Letter to them, in Answer to it.

"My Lords and Gentlemen,

"The Lords, having received your Lordships Letter this Morning, mentioning a Letter printed, dated at Oxon, the 3 April, 1646, have commanded me (fn. 4) to let your Lordships know, that there is no such Paper, neither is there any Thing else that gives them any Occasion to question the Fidelity and Constancy of the Scotch Nat on unto this Cause. They rest well satisfied with your Lordships Respects and Care to prevent all Jealousies that may arise; and shall likewise employ their Endeavours to preserve a mutual Correspondency and good Agreement between the Two Kingdoms."

Westm. this 8th of June, 1645.

Ordered, That the Letter received this Day from the Scotts Commissioners shall be printed and published.

Propositions for Peace; and Papers concerning the Scots Army.

Next, the House took into Consideration the First Part of the Report of the Conference with the House of Commons on Saturday last.

Ordered, That this House will begin To-morrow Morning with the Propositions; and after the Propositions, with the rest of the Report of the Conference on Saturday last.

Letter from the Scots Commissioners, that the Letter published in the King's Name, mentioning Offers being made Him by the Scots, is false; and that those against whom Complaints were made, are discharged from their Army.

(fn. 5) "For the Right Honnorable the Speaker of the House of Peeres pro Tempore.

"Right Honnorable,

"This inclosed Paper haveing very lately come to our Hands; which although it hath not soe much as Colour enough to deceave, yet neverthelesse, as Generall Major Monro, in Testimony of his Integrity, did communicate the Thinge to the Commissioners of Parliament in Ulster; soe wee, for preventing Mistakes (many Copies of the same Thinge being spread among the People), have thought good to comunicate the same to the Honnorable Houses, with our Sense upon it, that by their Wisdome and reciprocall Care, a right Understandinge in all Things may still bee preserved betweene the Kingdomes. Whether any such Letter was signed by the Kinge at Oxford, or whether it was invented of Purpose to support a declyning Party, wee doe not knowe. What may concerne the King in it, wee leave to Himselfe, who, as He hath since the Date of that Paper expressed contrary Intentions and Resolutions in His Messages to both Kingdomes soe He can best tell what He wrote at that Tyme. Wee are only to speake to the Matter of the Paper, which cometh from the Hand of Secretary Nicholas; unto whose Informations what Creditt ought to bee given, the Houses very well knowe. It doth consist in our perfect Knowledge (and wee declare it with as much Confidence as ever wee did or can doe any Thinge) that the Matter of the Paper, soe farre as concerneth any Assurance or Capitulation for joyneinge of Forces, or for combineinge against the Houses of Parliament, or any other private or publique Agreement whatsoever betweene the King upon the one Part, and the Kingdome of Scotland, their Army, or any in their Name, and haveing Power from them, upon the other Part, as a most damnable Untruth. Wee shall not neede to expresse how improbable it is, if there had bein any such Agreement, that the King aboute the same Tyme should have sent a Message to both Houses, offeringe to come to London, and to followe their Advise in all Things, without offeringe any Sattisfaction to the Kingdome of Scotland; and that, before He receaved the Answere of the Houses, Hee should write such a Letter to Ireland, and give Order to make it knowne, not only to His Privy Councell, but to His other Subjects of that Kingdome; nor will wee insist how improbable it is, that the King should make this knowne to the Marquesse of Ormond, and neglect to acquaint the late Earle of Montrosse, who had beine much more concerned, and who would, noe Doubt, if he had knowne any such Thinge, have communicate the same to G. Major Midleton, and prevented the defeating of Himselfe, his Associates, and Forces, aboute the Middle of May, after the Kinge was in the Scottish Army; nor how unlikely it is, that he who is for the Tyme Comaunder in Cheife of the Scottish Forces in Ireland should bee for the Space of Seaven or Eight Weeks totally ignorant of any such Agreement; or, if he had knowne any such Thing, that he would have communicated it to the Commissioners of the Parliament, and immediatly marched himselfe to the Feilds against the Enemy: Nor shall wee neede to call to Mynde the Expressions in the Lord Digbye's intercepted Letters, which gave our Nation the Caracter of such as could not bee gained to that Side; noe, not after all Applications used. There are other more sure and publique Testimonyes, since the Date of that lyeing Paper, which make the Falsehood of it more then palpable, as if Divine Providence had purposely ordered all the late Actions of the Kingdome of Scotland, and of their Forces, both before and since the Third of Aprill, to bee soe many reall Confutations of that groundlesse Invention: Wee meane severall late Fights with the Rebells under the late Earl of Montrose and Allaster M'Donald; the Delivery of Newarke; the restrayning and debarring of Delinquents and Malignants from the King's Person and from our Army; the late publique Declarations of the Church and State of Scotland in the Begining of Aprill, as likewise of the Generall and Committee with the Army, agreed upon aboute the End of Aprill, and published the 15th of May in Scotland, against a Band of the Earle of Seaforth and his Associates; as for other Reasons, soe especially for this, that the said Band did tend to the weakening of the said Confidence and Union betweene the Two Kingdomes, firmely joyned and mutually engaged for Assistance to each other in this Cause, as may appeare more fully by the Declarations herewith presented: Nor can wee passe the Paper delivered to the King by the Committee of Estates upon the 15th of May last, That, if His Majesty should delay to goe aboute the readiest Wayes and Meanes to satisfy both His Kingdomes, they would bee necessitated, for their owne Exoneration, to acquaint the Committee of both Kingdomes at London, that a Course might bee taken, by joynt Advise of both Kingdomes, for attayninge the just Ends expressed in the Solemne League and Covenant. Wee shall say noe more of this Particuler; God hath His owne Tyme to make manifest who hath dealt sincerly and who falsely; and as our Nation did refuse to joyne with the Enemye's Forces when they were strongest, and did joyne with our Brethren of England in their weakest and most necessitous Condition, soe wee shall never looke for a Blessing from God upon either Nation longer then they continue faithfull to God and to each other, according to the Covenant and Treaty; and wee doe confidently expect, from the Wisdome and Justice of the Honnorable Houses, that this and such like Papers shall finde noe more Creditt here then Papers and Declarations against themselves did formerly finde in Scotland; and that Declarations and Publique Papers from the Kingdome of Scotland, or their Committees or Commissioners, shall have such Acceptation with both Houses, as they desire Declarations from themselves, or Papers from any in their Name, may have with their Brethren of Scotland: Nor doe wee doubt but God will disipate all these Cloudes of Calumnyes and Misunderstandings indeavored thereby, and will give such a Frame of Spiritt to both Nations as may continue them in a brotherly Accord and mutuall Confidence, for the Good both of this and of the succeeding Generations, which hath beene, is, and shal bee, most earnestly wished and faithfully endeavored, by

Worcester House, the 8th of June, 1646.

"Your affectionate Freinds and humble Servaunts,

"Lauderdaill.

"W. Johnston.

Charles Erskin.

"Hew Kennedy.

Ro. Barclay.

"Wee have sent your Lordships here inclosed an Order of the Committee of Estates at the Army, which will evidence their Care to remove out of that Army all such against whome any just Complaints have bin made by the Country."

Letter from Sir T. Fairfax, that Borstall Castle had surrendered; and that he was treating about Oxford.

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

"My Lord,

"Having lately entered into a Treaty concerning the Surrender of Borstall House, it hath pleafed God (at last) to bring them within the Garrison (though at first very obstinate) to condescend to a Surrender thereof according to these inclosed Articles, which I humbly present to the House. On Thursday last we entered to treat with Oxford, wherein we have made some Progress; and thereof, as any Thing material offers itself, you shall receive a further Account from,

Marston, June 7, 1646.

"My Lord,

"Your most humble Servant,

"T. Fairfax."

"Articles of Agreement, made the 6th of June, 1646, between Quarter-master General Gravenor, Major Harrison, Major Huntington, and Major Shilborne, on Behalf of his Excellency Sir Thomas Fairefax on the one Part; and Sir George Aglionbye Knight, Captain George Kingsley, Captain Duke Wyvell, and Edward Campion Esquire, in Behalf of Sir William Campion Knight, Governor of Borstall, on the other Part; as followeth:

Articles for the Surrender of Borstall Castle.

"1. That the Garrison of Borstall, with all the Ordnance, Arms, Ammunition, and all other Provisions and Furniture of War whatsoever, belonging to the said Garrison (except what is allowed in the ensuing Articles), be delivered unto his Excellency Sir Thomas Fairefax, or whom he shall appoint to receive them, for the Use of the Parliament, upon the 10th Day of June next ensuing; and that, upon the Signing of these Articles, there be delivered to the Commissioners on his Excellency's Part a just Bill of all the Store then remaining in the said Garrison, and the same to be preserved without Spoil or Embezzlement, and delivered up as aforesaid.

"2. That the Governor, with his proper Servants, and all Officers in Commission, and Gentlemen within the said Garrison, shall march away, with their Horses, Arms, and (fn. 6) properly belonging to them; and that all Common Soldiers, and all other Persons, none excepted, within the said Garrison, shall march away with their own proper Goods to their own Houses (if they shall desire it); and shall have the General's Pass and Protection, quietly to remain at their Habitations; they submitting to all Orders and Ordinances of Parliament.

"3. That all those that desire to make Composition with the Parliament shall have the General's effectual Recommendation, That their Fines shall not exceed the Rate of Two Years Revenue of their Real Estates, and proportionable for their Personal; or that they may be accepted upon the Condition expressed in the Order of Parliament providing for those that (fn. 7) came in by the First of May last (whether the Parties for compounding shall choose); and that, after Composition so made, such Persons shall enjoy all Liberties and Immunities, without farther Tax or Assessment, equally and fully with the rest of the Inhabitants of this Kingdom.

"4. That all those that desire to go over beyond Seas shall have the General's Pass for that Purpose.

"5. That no Person or Persons, within the Garrison aforesaid, shall be troubled or molested for whatsoever they have said or done since the Beginning of the Parliament, in Prosecution of their Commissions, in order to the said Garrison.

"6. That all and every of the Persons aforesaid shall, for the Space of Two Months next after the Rendition of the said Garrison, (fn. 8) remain free and unmolested within the Parliament's Quarters, for the Settling and Dispatch of their particular Affairs, they doing nothing prejudicial to the Parliament.

"7. That all sick and wounded Persons in the Garrison shall have Liberty to remain in some adjacent Village; and Care to be taken for them until they be cured, and then to have Passes according to the Articles.

"8. That Hostages be given on both Sides, for the due Performance of these Articles.

"Geo. Aglionby,

George Kingsley,

"Duke Wyvell,

Edward Campion."

"Ormond's Letter to Major General Monro.

Letter from the Marquis of Ormond to Gen. Munro, with the following One.

"Having this Morning received a Dispatch from His Majesty, and Commands to impart not only to this Council, but to all His Loyal Subjects, I am confident you have so good a Title to [ (fn. 8) a Knowledge] thereof, that I held it my Part instantly to dispatch it unto you by an Express; and so, wishing you all Happiness, I rest

"Your affectionate humble Servant,

Dublin, 21 Maii, 1646.

"Ormond."

Letter from the King to the Marquis of Ormond, that He had received Offers of Service from the Scots, and that He was going into their Army.

"CHARLES Rex.

"Right Trusty and Most Entirely-beloved Cousin and Counsellor, We greet you well. Having used all possible honourable Means, by sending many Gracious Messages to the Two Honourable Houses of Parliament, wherein We have offered them all they have heretofore desired, and desire from them nothing but what themselves since these unhappy Wars have offered, to procure a Personal Treaty with them, for a safe and well-grounded Peace; and having, instead of a dutiful and peaceable Return to Our said Message, received either no Answer at all, or such as argues that nothing will satisfy them but the Ruin, not only of Us, Our Posterity and Friends, but even of Monarchy itself; and have lately received very good Security that We, and all that do and shall adhere unto Us, shall be safe in Our Person, Honour, and Conscience, in the Scottish Army, and that they shall really and effectually join with Us, and with such as will come to Us, and join with them for Our Preservation, and shall employ their Armies and Forces to assist Us to the procuring of an happy wellgrounded Peace, for the Good of Us and Our Kingdom, in the Recovery of Our just Rights; and We are resolved to put Ourselves to the Hazard of passing into the Scottish Army now lying before Newarke; and if it shall please God that We come safe thither, We are resolved to use Our best Endeavours, with their Assistance, and with the Conjunction of the Forces under the Marquis of Montrose, and such of Our well-affected Subjects of England as shall rise for Us, to procure, if it may be, an honourable and speedy Peace with those who have hitherto resolved (fn. 9) not to give Ear to any Mean tending thereunto; of which Our Resolution We hold it necessary to give you this Advertisement, as well to satisfy you, as all Our Councils and Loyal Subjects with you, to whom We will that you communicate this Our Letter, that, failing in Our earnest and sincere Endeavours by Treaty to put an End to the Miseries of this Our Kingdom, We esteemed Ourselves obliged to leave no probable Means expedient unattempted, to preserve Our Crown and Friends from the Usurpation and Tyranny of those whose Actions declare so manifestly their Desires to overthrow the Laws and happy-established Government of this Kingdom. And now, We having made known to you Our Resolution, We recommend it to your special Care, the disposing and managing of Our Affairs on that Side as you shall conceive most for Our Honour and Service; being confident the Course We have taken, though with some Hazard to Our Person, will have a good Influence on that Our Kingdom, and (fn. 10) deserve, if not altogether prevent, the Rebels transporting Forces from those Parts into that Kingdom; and We desire you to satisfy all Our well-affected Subjects on that Side of Our Princely Care of them, whereof they shall receive the Effect as soon as God shall enable Us. We desire you to use some Means to let Us and Our Council at Oxford hear frequently from you and of your Actions and Condition there. And so God prosper your loyal Endeavours.

"Given at Our Court at Oxon, 3d April, 1646.

By His Majesty's Command,

"Ed. Nicholas."

"Order of the Committee of Estates residing with the Scotts Army, mentioned in the Postscript of our Letter:

Order of the Scots Committee, for discharging those from their Army against whom there is just Cause of Complaint.

"Newcastle, last of May, 1646.

"The Committee, for good Consideration moveing them, hath ordained the Regiment of Horse under Commaund of Generall Major Vandruske forthwith to bee disbanded and reduced; and that noe Forrainer whatsoever, nor any Scottish Man, take on or ingage in the Army, but such as shall bee knowne to bee without Exception.

"Subscribitur Loudoun, J.P.D. Com."

Ordinance to reinstate Saunders & al. in their Places as Exeter.

"Whereas Richard Sanders, Adam Bennett, Walter White, James Gould, Richard Crosseinge, John Lovering, James Marshall, and Phillip Crosseinge, who were some of them Aldermen, and the rest of them were of the Common Council and Chamber of the City of Exon, for their Fidelity to the Parliament, and adhering to it in the Defence of their just Cause, have, since the Power of the said City came into the Hands of the Enemy, been pronounced to be removed and displaced from being of the Company of the Aldermen and Common Council and Chamber of the said City: The Lords and Commons in Parliament assembled, having received full and ample Testimony of the Integrity and Ability of the said Richard Saund'rs, Adam Bennett, Walter White, James Gould, Richard Crosseing, John Loveringe, James Marshall, and Phillip Crosseinge, as likewise of their great Sufferings for their being faithful in this Cause, do Declare and Ordain, That such Amoving and Displacing of them, and every of them, is void, unjust, and of none Effect; and do further Declare, That the said Richard Sanders, Adam Bennett, Walter White, James Gould, Richard Crosseinge, John Lovering, James Marshall, and Phillip Crosseinge, do continue and are Aldermen, and of the Common Council and Chamber of the said City, notwithstanding any such pretended Amoving, Expulsion, or Displacing, had or made, at any Time whilst the said City hath been in the Hands and Power of the Enemy; and do Ordain, That they be accepted, admitted, and taken, to be of the Magistracy, Government, and Common Council of the said City, to all Intents and Purposes, as they were at the Time of the Beginning of this unnatural War, or at any Time since: And it is lastly Ordained, That Symond Snowe a Member of the House of Commons, and the said Richard Sanders, Walter White, and James Gould, be added unto, and are hereby made of, the Committee of Parliament for the said City of Exon."

Adjourn.

House adjourned till 10^a cras.