Chap. VIII. Containing all Transactions Military and Civil, from the beginning of the Year 1646. till the King's coming, to the Scotch Army, May 5. and some Passages depending thereupon.
The most eminent Transactions of this Year may conveniently be divided into those that happened before: his Majesty's going to the Scots Army; and such as occurred afterwards upon that sudden and unexpected Turn of Affairs: And accordingly we shall deliver them.
The Reader from the foregoing Collections will remember, That at the beginning of this Year his Majesty's Affairs were reduced to a very low Ebb; the Enemy every where Masters of the Field, and no visible Force left able to oppose them; the Royal Garrisons yet remaining in the West, in no possibility of holding out long against Fairfax; and after taking them in, Oxford (where his Majesty at present made his Residence) could not but expect to be next beleaguer'd, as Newark was already actually besieged by the Scots, and Major-General Poyntz, and other English Forces.
This Exigency of Affairs, together with, his Majesty's many pressing Messages to come to a free Personal Treaty with the Two Houses, occasioned Rumours to be spread, as if his., Majesty intended to come privately to London; whereupon the Two Houses on the 31st of March passed several Votes to this Effect.
Votes pass'd March 31. 1646. on a Rumour of his Majesty's intending to come privately to London.
1. That in case the King shall, contrary to the Advice of both Houses of Parliament already given to him, come or attempt to come within the Lines of Communication, That then the Committee of the Militia of London shall have Power, and are hereby enjoined, upon Advice had with the Committee of Lords and Commons for the Army, to raise such Forces as they shall think necessary to prevent any Tumult that may arise by his Majesty's coming, and to suppress any that shall happen.
2. That in case the King shall come to any of the Guards about the city, the Officer that commands that Guard, with such Assistance as may be procured shall conduct his Majesty unto St. Jame's House, with a Guard to secure his Person from Danger, and to prevent Resort unto him.
3. That in such case, the Committee for the Militia are forth with to send such other Officers as shall be sufficient there to secure his Person from Danger, and prevent Resort unto him, until the Houses shall be acquainted there with. and take further Order. And until those other Forces shall come to St. James's, the first Guard is to tarry there.
4. That for such Persons as shall come with the King, the Officer that commands the Guard (with such Assistance as may be procured) shall appreh end and secure them in such Prisons and other Places as the Committee of the Militia shall think fitting, until the Houses shall take further Order.
5. That the Officer that command's the Guards shall prevent the Resort of any Person unto the King; and in case any shall endeavour in a forcible manner to have Access unto him, That the Officers shall apprehend and secure them until further Order from the House.
6. That if there be any Resistance in any the Cases aforesaid, the Officer and Soldiers shall by Force of Arms, according to the course of War, observe these Directions in pursuance of the Ordinance of Parliament.
7. That, upon this Occasion, the Committee of the Militia shall strengthen their Guards both within and without the City, and employ such Men as for their Fidelity and Ability they can conside in.
The same Day they also pass'd the following Order:
An Order for all that have born Arms against the Parliament to depart from London, &c. March. 31.
The Lords and Commons in Parliament assembled, taking notice of the great Confluence and Resort of Papists Officers, and Soldiers of Fortune, and such as have born Arms against the Parliament of England, from the Enemies Garrisons and Quarters, unto the Cities of London and Westminster, and other Parts within the Lines of Communication, Do, for the prevention of such Inconveniencies as may thereby arise, think fit to order, and it is here by ordered by the said Lords and Commons. That all Papists whatsoever, and all Officers and Soldiers of Fortune and other Persons that have born Arms against the Parliament of England, not being under Restraint, do before the End of the 6th day of April, 1646. depart out of the said Cities of London and Westminster, and Lines of Communication. And is any such Person shall continue with in the said Lines after that time, such Person is hereby declared a Spy, and shall be apprehended, imprisoned, and proceeded against as a Spy, according to the Rules of War. And the said Lords and Commons do further order, That all such Persons do forbear, upon the Penalty aforesaid, to return or come with in the said Lines, without License under the Hands of the Committee appointed for Compositions at Goldsmiths-Hall And the Committee of the Militia of London, and their Sub-Committees in their several Limits respectively, are hereby required to keep strict Guards and Watches, and cause frequent Searches to be made, and to take care for the due Execution of this Order. Provided, That this Order, nor any. thing therein contained, shall extend to any person or persons who shall obtain License under the Hands of the Committee of Goldsmiths-Hall, to continue within the Limits aforesaid. Provided, That this Order, or any thing herein contained, shall not extend to any person or Persons who came in to the Parliament before the first of June last, and are cleared by both Houses of Parliament from their Delinquency. Provided also, That no Peer of this Realm shall resort unto the Committee of Goldsmiths-Hall for License to continue within the Limits aforesaid; but shall repair only to the House of Peers for their said License. This Order to continue for the space of One Month after the said 6th of April, and no longer.
The Scots Army being set down before one side of Newark, and Col. Poyntz with considerable English Forces on the other; the Committee of both Kingdoms residing there with the Armies, sent in the following Summons:
Summons to the Garrison at Newark, March 28.
We the Committee of both Kingdoms being sent and authorized to use our best Endeavours for the reducing of the Town and Garrison of Newark, do hereby (in the Name of both Houses of the Parliament of England,
and for the Use of the King and Parliament) demand of you, That you forth with Surrender the same into their Hands. It is the Pious Care of the Parliament to prevent the Effusion of Christian Blood, the wasting of the Country, and the Destruction of Towns. We shall esteem ourselves happy in being Iustruments to avert those Meseries, and shall therefore grant to you, the Gentlemen with you, and the Town, Honourable Conditions; which if you shall now neglect, and will let nothing but experimental Sufferings declare unto you your unavoidable Ruin, you are to give an Account to God, to this present Age, and to Posterity, for all the Blood that shall from henceforth be shed, for the wasting of your Native and Neighbouring Country, and destruction of so considerable a Place. You may not, nor can in any Reason expect (and most assuredly on the Faith of honest Men you shall not hereafter obtain from us) such Terms as we are now willing to afford you. We sent no Summons, until you and all with you might see we were able by Force to attain what we much rather desire by Treaty. The Parliament have 16000 Horse and Foot at present before your Town, Soldiers of Experience, united, and in Health and Courage. This is no way mentioned, as if we trusted in the Arm of Flesh (God the Lord of Hosts hath manifested that we fight his Battels); but to shew you the vast Expences which will be Occasioned by the Continuance of this Siege (for which your Estates must answer) ; and that your holding out may not furthertempt the Almighty. And though you should not regard your own Ruin, and though some others should be of that your Opinion, Shall yet that wealthy Town be sack'd, and others Perish with you that see their own Misery, and would avoid it? A prudent man, a Soldier, cannot live or dye in Reputation or Peace of Spirit, to maintain a Place not so long tenable as till it can be relieved; of which you cannot have the least Hope: Flatter not yourselves; Relief is not to be had: Chester was nearer Succours, and considerable Armies for them in the West and in Wales; now scarce seen what remains of either. Was not that strong City of great Importance? Were they not very often promised? Did not all Assurances to be relieved come to them? they had none; that Place is surrendred. Your Wealth (if you rightly Consider in what State you are) proves your sudden and certain Destruction. You are prepar'd in some Things for Defence; you know (and we know) you are not for some other. Consider these Things seriously, and you cannot but through them see your Ruin to be inevitable, if you do not avoid it by accepting what is now offer'd. We shall expect your Answer on Monday next by Eleven of the Clock in the Forenoon at Balderton.
Sign'd in the Name, and by the Warrant of the Committee of both Kingdoms, by
Balderton, March 28. 1646.
For the Governour of the Town and Garrison of Newark, the Gentlemen there; and the Mayor, Aldermen, and Burgesses of that Town.
The Governor's Answer.
Having received a Paper subscribed by the Committee of both Kingdoms, directed as to a Committee-Governour, by putting the Gentlemen and Corporation in equal Commission with me (though the joining us together was with the Intention to divide us) I shall in Answer thereof desire you to reflect upon the King's Letter of the 23d of March, sent to the two Houses of Parliament (which I received from your own Quarters) where in a full Compliance with all their Desires, upon the most gracious Conditions that ever Prince propounded, he offers to disband his Forces and dismantle his Garrisons: To what End then do you demand that of the Steward, whereof the Lord and Master makes a Voluntary Tender? I conceive it my Duty to trace his Commands, not to outstrip them: So that though Honour and Conscience would permit the Delivery, yet Civility would retard it, lest his Majesty's Act of Grace should be frustrated by my over-hasty speed. I shall wave the Arguments wherewith you Endeavour to evince my Consent: I am neither to be struck into Apostacy by the mention of fair Conditions in a misty Notion; nor to be frighted into Dishonour by your running Division upon the Fate of Chester. For as I do not Measure my Allegiance by my Interest to the former, so I do disdain that Poverty of Spirit, as by resemblance of Chester, to suffer
by Example: I can be Loyal without that Copy, and I hope this Garrison shall never be the Transcript of their Calamity. You may do well to use your Fortune modestly; and think not that God Almighty doth applaud your Cause by reason of your Victories, or that he hath not a Blessing in store for ours. Whereas you urge the Expence of the Siege, and the Pressures of the Country in supporting your Charge there (since occasion'd by yourselves) I am not concern'd: Yet in order to their Ease, if you will grant a Pass to some Gentlemen to go to the King, and return, I may then know his Majesty's Pleasure, Whether according to his Letter he will wind up the Business in general, or leave me to steer my own Course; then I shall know what to determine. Otherwise I desire you to take Notice, That when I received my Commission for the Government of this Place, I annexed my Life as a Label to my Trust.
Newark, March 13
To the Committee of both Kingdoms.
Dennington Castle surrendred to the Parliament, April 1.
The strong Castle of Dennington near Newbury having for some time been besieged, was on the first of April surrendred, upon Articles, That Sir John Boyce, the Governor, with all his Officers, Gentlemen, and Soldiers should march out with Colours flying, and Drums beating, the Governor with Four Horses and Arms, and every Field-Officer with Two, and every Captain One: The Lieutenant-Colonel of Horse with Two Horses and Arms, and the other Officers and Reformado-Officers of Horse, with One Horse and Arms apiece; a Hundred of the FootSoldiers to march with Arms Two Miles, and then Fifty of them to lay down their Arms; the other Fifty to continue their Arms, and march with Colours flying, Drums beating, light Matches, Bullets in Mouth, and Bandaliers filled with Powder; and all to have a Convoy to Wal1ing ford Castle; but such of the Officers as desire it, to have Passes to go beyond Sea, and those that please to their own Homes. There were taken in this Castle Six Pieces of Ordnance, about Twenty Barrels of Powder, with Match and other Ammunition proportionable.
An Ordinance for establishing a Court-Martial, April 3. 1646
It is ordained, and be it ordained by the Lords and Commons in this present Parliament assembled, That Sir Tho. Fairfax, Kt. General of the Forces raised by the Houses of Parliament, Serjeant-Major-General Skippon Col. Rowland Wilson, [and between Thirty and Forty others, therein particularly named, consisting for the most part of Officers, some Civilians, and Two or Three Common Lawyers,] or any Twelve or more of them, shall be Commissioners, and are hereby authorized according to the Course of War, to execute Martial Law within the Cities of London and Westminster, and Lines of Communication, upon all Gunners, Matrosses and Soldiers there in pay; and also upon all such Persons as shall offend against the Articles following, or any of them.
1. That none shall voluntarily go from London or Westminster, or any of the Parliament's Quarters, to the King, Queen, and Lords of the Council, or any Commander or Officer of the King's Army, or hold any Intelligence with any in Arms against the Parliament, without Consent of both Houses, or the Committee of both Kingdoms, or the General or Commander in chief of the said Forces, upon pain of Death, or other corporal Punishment at discretion.
2. Whoever shall plot, contrive, or endeavour the betraying, surrendring, or yielding, or shall contrary to the Rules of War surrender any City, Town, Magazine, Fort, Garrison, or Forces, which now are, or hereafter shall be under the Power of the Parliament, shall be punished with Death.
3. No Person shall voluntarily relieve any in Arms against the Parliament, or harbour or receive them, knowing them to have been so in Arms, upon pain of Death, or other corporal Punishment at discretion.
4. No Officer or Soldier shall make any mutinous Assemblies, or be assisting thereunto, upon pain of Death.
5. No Guardian or Officer of any Prison shall wilfully suffer any Prisoner of War to escape, under pain of Death; or negligently, under pain of other Punishment at discretion.
6. Whoever shall voluntarily take Arms against the Parliament, having taken the National Covenant, shall dye without Mercy so likewise shall all Deserters.
7. Whoever shall come out of the King's Quarters, or hath been there in a Month past, or born Arms against the Parliament, and shall come into London, Westminster, or the Lines of Communication, or any other of the Parliament's Garrisons, without a Pass from both Houses, or Sir Tho. Fairfax, or without Drum or Trumpet, and not within 48 Hours render himself to the Speakers, or the Committee of both Kingdoms, or the Committee at Goldsmiths-Hall, or Committee of Examinations, or Commander in Chief of such Garrison, shall be proceeded against as a Spy, and dye without Mercy. And whoever shall come as a Spy, and by Virtue of any former Ordinance or Declaration shall be sound to be a Spy, shall be liable to such Punishment as by the Course of War is usual.
And the said Commissioners are enabled to send out their Warrants for Delinquents and Witnesses, and to commit such as be refractory; and to fit as often as they shall think fit, and appoint a Judge-Advocate and a Provost-Marshal; which Judge-Advocate is hereby authorized to receive all Accusations, Articles, Complaints and Charges against any such Offenders; to examine them, administer Oaths to Witnesses, &c. And all Mayors, Sheriffs &c. to be aiding and assisting.
Provided, This Ordinance not to extend to Peers, or Members of the House of Commons, but they to be left to the Judgment of both Houses Provided also, That no Sentence shall pass, but upon the Testimony of Two credible Witnesses, or the Party's own Confession. And no Execution as to Death shall be, until Six Days after Notice given of the said Sentence unto both Houses. All the Commissioners to take the Covenant: And this Ordinance to continue Three Months, and no longer.
The Scots scruple in the Propositions to be sent to the King.
The Two Houses having for several Months been busy in framing Propositions to be sent to his Majesty touching Peace, and having now passed the same; and they being about this Time communicated to the Commissioners of the Kingdom of Scotland, residing at London, for their Concurrence; the said Commissioners unsatisfied with some Articles therein, delivered in several Papers, specifying their Rea sons of Dissent. Which Papers are too tedious to be here recited at large; being in all Four in Number, under these Titles:
The substance of the Scots Papers delivered in to the Two Houses, touching the Propositions, April, 1646.
- 1. The First Paper delivered in to the Houses of Parliament by the Com missioners of Scotland; containing their Answer to the whole Propositions of Peace.
- 2. Their Second Paper; containg Reasons touching the Militia.
- 3. Their Third Paper; containing the Citations of several Passages out of the several Declarations of the Houses concerning the Militia, and Uniformity in Religion.
- 4. Their Fourth Paper; containing their Reasons why the Result of the Committee of both Kingdoms at Edinburgh, 28. Nov. 1643. is a Treaty.
The main Exceptions they took, were to the Propositions touching Religion, and concerning the Settling the Militia, and touching the future Conduct and Ordering of the Scots Forces in Ireland.
The scots First Paper.
As to the first, they Remonstrate, That as the Matter of Religion, by reason of the Necessity and Incomparable Excellency thereof, deserveth the first Place, and before all other Matters to be consider'd; so it hath been always in all our Undertakings, the prime and chiefest of our Intentions and Desires, and in all our Actions and Sufferings our greatest Comfort and Encouragement, and which being established according to the Covenant, we are very confident to give and receive Satisfaction in all other Matters; and without which, the Church and Kingdom of Scotland having been from the Corruption of this Fountain overwhelm'd with a Deluge of Miseries, tho' they
had all Things beside, cannot be satisfied, nor chink themselves secured. And we canfess, that it is to us, and to that Church and Kingdom, no small Matter of Sorrow, that after so solemn a Covenant, and so many Protestations and Declarations, the Reformation of Religion should so long stick and be so much obstructed in this Kingdom; which we hoped in the beginning when both Kingdoms entred in Covenant, should long before this Time not only been Established here, but Propagated also to other Nations, groaning under, or in danger of the Yoke of Antichristian Tyranny; and which upon the appearing of the Light, and the new dawnings of the Day in this lsland, were beginning to lift up their Heads in expectation of their Deliverance and Comforts. We do therefore Desire particularly and explecitly to know the Articles of Reformation, and Uniformity of Church-Government, contained under the general Propositions; all of them, after much Debate, being long since offered by the Assembly of Divines unto, and great Part of them resolved upon by both Houses; which may also in a short Time resolve upon the remnant. By this Means we shall proceed the more distinctly and assuredly; and these Articles formed up in a Model, may be considered and granted by the King with the clearer Knowledge; which is very Necessary, not only in other Propositions, which are framed as particularly as may be; but also and especially in the Matter of Religion.
This was the Course approved and observed at the Treaty of Uxbridge; where so much as was at that Time prepar'd for settling Religion, was presented. ed. If we should without the Knowledge of particulars rest upon the general Proposition, Peace might be settled without the fettling of Religion, except in so far as by the King's Consent the Power of Reformation is to be in the Houses, and Uniformity of Religion is placed in the Parliaments of both Kingdoms; which doth nor Answer our Covenant, binding both Kingdoms to the Exercise of their Power, by their Endeavours in the Particulars therein specified. Nor will this General give Satisfaction to any of the Reformed Churches, especially to the Church of Scotland; nor will it be able to Cure the present Distempers of Religion in the Church of England, which call for a present Reformation; nor secure them or us from altering of that which is already ordained; nor be any Recompence of the many Labours and Sufferings, and the much Expence of Treasure and Blood in this Cause.
Having perused the several Ordinances, Directions, and Votes of the Honourable Houses concerning Church-Government delivered unto us, which we conceive will be the Matter of the Propositions of Religion, and in this Sense only we speak to them, we do agree to the Direction for the present Election of Elders, to the Subordination of Congregational, Classical, Provincial, and National Assemblies, and to the Direction concerning the Members of which they are constitute, and the Times of their Meeting: Only we Desire, That no Godly Minister be excluded from being a Member of the Classical Presbytery; nor any Godly Minister, having lawful Commission, from being a Member of the Provincial and National Assemblies, there being the greater need of their Presence and Assistance in such Assemblies, that there are no Ruling Elders to join with and assist them. And we desire that a fixed Time be appointed for the Ordinary Meeting of the National Assembly, with Power to the Parliament to summon them when they please; and with Liberty to the Church to meet oftner, if there shall be necessary Cause; the Ordinary Meeting thereof being most Necessary for preserving Truth and Unity in the whole Church, against the Errors that may arise and multiply in the Church, and against the Divisions and Differences that may Distract the Inferior Assemblies of the Church, and for receiving and determining Appeals from Provincial Assemblies, which otherwise will be Infinite, and lye over long without Determination, and the Exigence of Religion sometimes being such, that it will require an extraordinary Meeting.
We agree to the Rules and Direction concerning Suspension from the Sacrament of the Lord's Supper, in cases of Ignorance and Scandal: Only we desire that the Congregational Elderships may have Power to judge in cases of Scandal not enumerated, with Liberty to the Person grieved to Appeal, as in other Reformed Churches. This we conceive to be a Power no more Arbitrary in this Church, than in them who are limited by the Rules expressed
in Scripture, and do exercise this their Power with such Moderation, as is a comfort; help, and strengthning of Civil Authority: The appointing of Provincial Commissioners, such as are appointed in the Ordinance, will minister Occasion to such Debates and Disputes in this and other Churches, as will be very unpleasant to Parliaments and Civil Powers, will make a great Disconformity betwixt this and other Churches, and a present Rent and Division in this Church; is such a Mixture in Church-Government as hath not been heard of in any Church before this time; may prove a Foundation of a new Episcopacy, or of a High Commission: And the Work may be better done by the Assemblies of Ministers and Ruling Elders, who have this in their Ecclesiastical Charge, and will be no less tender of the Honour of Parliament, by whose Laws they live and are protected, and as able and willing to give just Satisfaction to the People, whose Consciences and Conversation are best known unto them, as any other Persons whatsoever. Concerning the Suspension of the Ministers themselves, altho Scandal in them deserveth double Censure, yet we conceive it to be most agreeable, that they have their Censure from the Classical; or other Superior Assemblies of the Church, where there be Ministers to judge them. We do also agree to the Ordinance of Ordination of Ministers; only we desire it may be provided, That it stand in force for all time to come.
There be other Matters contained in the Ordinances; as, The manner of Subordination of the Assemblies of the Church to the Parliament, so much subject to mistake: The seeming Exemption of some sorts of Persons from the just Censures of the Church: The ministring the Sacrament to some Persons against the Conscience of the Ministry and Eldership: Concerning publick Repentance to be only before the Elderships, and such like; which may be taken into Consideration, and with small Labour and Alteration be determined to the great Satisfaction of many As for the Remnant, concerning the perpetual Officers of the Church, and their Offices, the Order and Power of Church Assemblies; the Order of publick Repentance, and of proceeding to Excommunication and Absolution; we desire they may be agreed upon according to the Covenant, and the Advice of the Divines of both Kingdoms, long since offered to both Houses; which being done, they may be presently drawn in a Method, and formed up in a Model of Church-Government in three Days, to the quieting the Minds of all the Godly, concerning the particular Meaning of both Kingdoms in the Matter of Religion, to the great Content of the Reformed Churches, and which will both make us distinctly to know what we demand, and the King what he doth grant.
As to the 18th Proposition touching the Militia, they say, We desire that the Militia may be so firmly setled, as neither the King nor any other be able to disturb or infringe the Peace now to be agreed upon; and altho it be our Judgment, That the former Propositions (Viz. those of Uxbridge) are a more firm Security for conserving the Peace, and a stronger Bond of Unity betwixt the Kingdoms than the New, and are therefore desirous the Houses would be pleased to send the former; which being granted by his Majesty, we think the Militia perfectly secured, and that the War should not be continued by insisting upon the New Propositions; yet left our Disagreement herein with the Houses, should be a hindrance to the sending of Propositions, that we may testify how desirous we are so far as in us lies, to give the Houses Satisfaction, and how much we value the speedy setling of the Peace of these Kingdoms above our own Interest, provided that it be understood to be without prejudice to the Right and Interest of the Crown, which we understand to be conjoined with the respective Parliaments in the Militia of both Kingdoms, and not to be absolutely in the King himself; and that the King and his Posterity be not totally excluded, and rendered incapable to concur with their Parliaments for protecting of their Subjects, and opposing the Enemies of the Kingdoms: And provided that it be without Pejudice to the several Treaties between the Kingdoms, we do consent that the Power, Exercise, and managing of the Militia in each Kingdom, busetled in the Parliaments of either Kingdom respectively, for such a Time as shall be mutually agreed upon: And after the Expiration of that Term, That the Militia be setled and exercised in such manner, and by such Ways and Means as shall be agreed upon by his majesty
and the Parliaments of either Kingdom respectively; whereby the Power of the Militia of England and Ireland, which by the former Propositions was in Commissioners of both Kingdoms, will be in the Houses of Parliament; the People will be secured from all Apprehensions of Dangers by reason of the late Troubles; and the King, who is one of the Three Estates of the Kingdom, will not be for ever excluded from that just Power and Interest in the Militia, by which he may concur with the Parliament in Defence of the Kingdom.
The Second Paper.
And for this in their Second Paper they assign particular Reasons: As 1. That by the Fundamental Laws and constant Practice of the most Legal and best regulated Kingdoms, and by the Laws and Practice of these Kingdoms, declared to the World by the Honourable House, the Power of War and the Militia is placed in the King and Parliament; and so acknowledged by all that write upon this Subject for Parliaments: Which is directed contrary to this New Proposition, by which the. whole Power of the Militia is solely placed in the Houses of Parliament, and the Crown excluded for ever. 2dly, Because in the Petitions, Messages, and Declarations sent to the King, emitted to the Kingdom and to all the World, we have professed, That no more was sought concerning the Militia, but that it might be intrusted to such Persons as the Parliament should nominate or approve, and might conside in, without diminution of the King's Authority or just Power; and Professions to preserve and defend the King's Person and Authority; that the World may bear Witness with our Consciences of our Loyalty, and that we have no Thoughts: or Intentions to diminish his Majesty's just Power and Greatness, was used as a special Argument to persuade Scotland to join with England in this War; and the same is a Part of the Third Article of our Covenant: And now to exclude the King an d his Posterity for ever from the Militia, will be understood to be an AIteration of the Fundamental Government, contrary to the former Resolutions and Declarations of both Kingdoms, and not agreeable to our Covenant. 3dly, Because the setling of the Militia according to the New Proposition, may disable the Crown for ever performing that Duty which all Kings by their Royal Office and Oath of Coronation are bound to perform, and their Subjects by their Oath of Allegiance bound to assist, for the Protection of their Subjects and the Laws, and opposing their Enemies, and keeping Friendship and Correspondence with their Allies. 4thly, Because hereby in one Age or another Differences may hence arise between the Kingdoms, being separated in their Militia; yea, in any one of the Kingdoms, the King's Posterity reflecting on the Power of their Predecessors, may be soon incited to endeavour by new Stirs to regain it: Whereas the Power remaining in them, with the Advice of their Parliaments, may preserve the Kingdoms in Peace, Quo aquiorem eo firmiorem pacem. Lastly, The sending this Proposition is like to cut off all hopes of Peace; since his Majesty in several Declarations, hath avowed, That albeit he were vanquish'd and made Prisoner, he would quit both his Estate and Life, before he would thus uncrown the Crown, and depose his Posterity: And then let any judge if this be the sittest way for a speedy and durable Peace: Which with Truth is the Sum of, all our Desires.
The Scots Third Paper.
Their Third Paper was only a Collection out of several Declarations of the Two Houses, of Professions of their Resolutions for Uniformity of Religion, and stating the Militia to be in the King and Parliament conjunctly, &c.
The Scots Fourth Paper.
Their Fourth Paper was to prove, That the Result of the Committee of both Kingdoms at Edinburgh, Nov. 28. 1643. was a Treaty: And the ground of controverting thereof was, because in the 13th Proposition now offered to them, it is proposed, That the Two Houses at Westminster shall have the Command of all the Forces in England and Ireland: Whereas by the Result aforesaid, the Scots Army in Ireland was to be commanded by the Parliament of Scotland, and such as, they should appoint. To avoid which, the Parliament of England now disown'd That to be a Formal Treaty between the Two Kingdoms, but only a Temporary Concession of the Committee: And the Scots insisted it was, and had all, the necessary Formalities and Corroborations of a Treaty.
Besides the Exceptions to the Propositions drawn by the Two Houses, the Scots Commissioners also desired an Addition of Two more, relating to the Advantage of their Nation; viz. I. That in regard of the great Advantage which a Kingdom enjoyeth by the Royal Presence and ordinary Residence of their Sovereign with them, and, the great Loss and Prejudice which the other Kingdom doth sustain thro their Absence, by their not understanding the Disposition of their People, or Condition of their Affairs, but from the Informations of others, besides many other Prejudices; we do therefore earnestly desire the Consent of the Honourable Houses for sending to his Majesty a Proposition, That the King and the Prince, and after them, their Heirs and Successors, shall, at least One Year of Three, reside in Scotland, where they may personally discharge that Duty they owe to the Subjects of that: Kingdom, where Conscience cannot always allow them to be Non-Residents, nor the Welfare of the Kingdom dispense with their constant Absence.
2. Upon the like Causes and Grounds, we desire the Honourable Houses to concur with us in a Desire to his Majesty, That in all Places of Trust, and Offices about the King, Queen, and Prince, and rest of his Royal Children, the equal Half, or at least the Third Part, may be of the Scotish Nation, lest by Time they become Strangers each unto other, which must needs produce many Inconveniences. And this we trust will not be interpreted as the casting in of any Let or Hindrance to retard the Propositions, sirh the Honourable Houses have given so good Hopes of their Consent, without Debate, to such Propositions, as, we conceive, to be conducible for the Good and Security of the Kingdom of Scotland.
The Two House are incens'd at the Printing the scots Papers.
The Preface to the Book of the Scotch Papers burnt by the Common Hangman, April 21.
Soon after the Delivery of these Papers, and before the Two Houses had return'd any Answer, the same were published in Print (supposed no be done by the Order and Connivance of the Scots Commissioners) but with a Preface or Epistle as from a private Hand, pretending to state the Case between the Parliament and the said Commissioners. The Houses being informed of this Publication, did on the 14th of April concur in a joint Vote, That the Matter contained in the said printed Paper was false, and scandalous against the Parliament and Kingdom of England: That they should be burnt by the Common Hangman; and that a Declaration should be drawn up, which should hold forth to. the whole World the Untruths therein contained, and the Innocency and Integrity of the Parliament: And that the Author or Publisher was an Incendiary between the Two Kingdoms. And on the 21st of the same Month, the Preface to the said Pamphlet, entituled, The Scotch Commissioners Papers, and the Stating of the Question about the Propositions for Peace, was accordingly burnt by the Common Hangman, but not the Scotch Commissioners Papers. And in the mean Time, on the, 17th the Two Houses publish'd the following Declaration.
Die Veneris 17. April. 1646
A Declaration of the Commons of England assembled in Parliament, of their true Intentions concerning the Ancient and Fundamental Government of the Kingdom, the Government of the Church, the present Peace, securing the People against all Arbitrary Government, and maintaining a right Understanding between the Two Kingdoms of England and Scotland, according to the Covenant and Treaties.
A Declaration of both Houses, of their true Intentions to maintain the Fundamental Government, &c. April 17.
We the Commons in Parliament assembled, well remembring, that in the Beginning of this War, divers Protestations, Declarations, and Suggestions, were spread abroad by the King, and those that did adhere to him, whereby our sincere Intentions for the Publick were misrepresented, and the Minds of many possessed with a Belief, that our Resolutions and Proceedings were grounded upon needless Fears and jealousies, and that there was no necessary and just Cause of the present War; the Untruth and Deceitfulness whereof by the good Hand of God miraculously discovering the Secrets of our Enemies, disposing and blessing our Affairs, Time and Experience have since fully manifested, to the undeceiving of those that were seduced thereby: Which Mistakes of the People, by this Artifice and Cunning of the Enemy, for some Time much blemished the Justice of this Cause, and not only propagated the War, but hazarded the Success thereof: And if the Enemy by these
means had prevailed, how dangerous the Consequences would have been, is most apparent.
And now observing, that it has pleased God to bless our Endeavours, and the Action of our Forces and Armies; as that the, Enemy is in Despair to accomplish his Designs by War, and we are brought; into good Hopes of attaining and enjoying that which with so much Expence of Blood and Treasure we have contended for; there are still the same Spirits stirring, and Humours working as in the beginning tho under other Disguises, and upon other Grounds putting false Constructions as well upon what hath already passed the Houses, as upon the Things under present Debate, and misrepresenting our Intentions in the Use we desire to make of this great Success which God has given us and the happy Opportunity to settle Peace and Truth in the Three Kingdoms not ceasing, as well in Print as otherwise, to beget a Belief that we now desire to exceed or swerve from our first Aims and Principles in the undertaking this War and to recede from the Solemn League and Covenant, and Treaties between the Two Kingdoms; and that we would prolong these uncomfortable Troubles, and bleeding Distractions, in order to alter the Fundamental Constitution and Frame of this Kingdom, to leave all Government in the Church loose and unsettled, and ourselves to exercise the same Arbitrary Power over the Persons and Estates of the Subjects, which this present Parliament hath thought fit to abolish, by taking away the Star-Chamber, High-Commission, and other arbitrary Courts, and the exhorbitant Power of the Council-Table.
All which seriously considered by us, altho' our Actions and Proceedings from Time to Time, since the Beginning of this Parliament, and particularly in the Managing of this great cause, are the best Demonstrations of our Sincerity and Faithfulness to the Publick; yet foreseeing, that if Credit be given to such dangerous, Insinuations and false Surmises, the same will not only continue the present Calamities, and involve us into new and unexpected Embroilments, but likewise inevitably endanger the happy Issue and Success of our Endeavours, which, by God's Blessing, we may otherwise hope for.
We do declare, That our true and real Intentions are, and our Endeavours shall be, to settle Religion in the Purity thereof, according to the Covenant; to maintain the Antient Fundamental and Government of this Kingdom; to preserve the Rights Liberties of the Subject; to lay hold on the first Opportunity of procuring a safe and well-grounded Peace in the Three Kingdoms; and to keep a good Understanding between the Two Kingdoms of England and Scotland according to the Grounds expressed in the Solemn League and Covenant, and Treaties; which we desire may be inviolably observed on both. Parts.
And lest these Generals should not give a sufficient Satisfaction, we have thought fit, to the End Men may be no. longer abused into a Misbelief of; our Intentions, or a Misunderstanding of our Actions, to make this further Enlargement upon the Particulars.
And first, Concerning Church-Government, we have so fully declared for a Presbyterial Government, having spent so much Time, taken so much Pains for the Settling of it, passed most of the Particulars brought to us by the Assembly of Divines (called only to advise of such Things as shall be requir'd of them by both or either of the Houses of Parliament) without any material Alteration, saving in the Point of Commissioners: And having published several Ordinances for putting the same in Execution; because we cannot consent to the granting of Arbitrary and Unlimited Power and Jurisdiction to near Ten Thousand Judicatories to be erected within this Kingdom; and, this demanded in such a Way as is not consistent with the Fundamental Laws and Government of the same and by necessary consequence excluding the Power of the Parliament, of England in the Exercise of that Jurisdiction, and whereof we have received no Satisfaction in Point of Conscience or Prudence, which differ not in any Fundamentals. of Religion, may be so provided for, as may stand with the Word of God, and the Peace of the. Kingdom.
It must therefore seem very strange to us, if any sober and modest Men should entertain a Thought that we should settle no Government in the Church, when our Unwillingness to subject ourselves and the People of this Land to this vast Power, has been a great Cause that the Government hath
not been long since established. And we desire it may be observed, That we have had the more Reason, by no means to part with this Power out of the Hands of the Civil Magistrate, since the Experience of all Ages will manifest, that the Reformation and Purity of Religion, and the Preservation and Protection of the People of God in this Kingdom, hath under God been by the Parliaments, and their Exercise of this Power. And our full Resolutions still are sincerely, really, and constantly, through the Grace of God, to endeavour the Reformation of Religion in the Kingdoms of England and Ireland, in Doctrine, Worship, Discipline and Government, according to the Word of God, and the Examples of the best-Reformed Churches, and according to our Covenant.
Whence it may appear to all Men, that those Rumors and Aspersions whereby the Minds of Men are so disturbed for want of the present settling of Church-Government, are to be applied to those who having a sufficient Power and Direction from the Houses on that Behalf, have not as yet put the same in Execution.
And whereas a safe and good Peace is the right End of a just War, there is nothing we have more earnestly desired, nor more earnestly laboured after; and to that Purpose both Houses of Parliament have framed several Propositions to be sent to the King, such as they hold necessary for the present and future Safety and Good of this Kingdom; some of which are transmitted from both Houses to our Brethren of Scotland, where they now remain: Whose Consent that they may be speedily sent to the King, we shall not doubt to obtain, since the Parliament of England is and ought to be sole and proper Judge of what may be for the Good of this Kingdom; the same Liberty having been always by us admitted to the Kingdom of Scotland in all Things that concern that Kingdom; wherein we are so far from altering the Fundamental Constitution and Government of this Kingdom by Kings, Lords, and Commons, that we have only desired, that with the Consent of the King, such Powers may be settled in the two Houses, without which we can have no Assurance but that the like or greater Mischiefs than these which God hath hitherto delivered us from, may break out again, and engage us in a second and more destructive War.
Whereby it plainly appears our Intentions are not to change the Ancient Frame of Government within this Kingdom, but to obtain the End of the Primitive Institution of all Government, the Safety and Weal of the People; not judging it wise or safe, after so bitter Experiences of the bloody Consequences of a pretended Power of the Militia in the King, to leave any colourable Authority in the same, for future Attempts of introducing an Arbitrary Government over this Nation, and protecting Delinquents, Enemies of our Religion and Liberties by Force from the Justice of Parliament; the first and chiefest Grounds of the Paliament's taking up Arms in this Cause.
And altho' the Necessity of War hath given some Disturbance to Legal Proceedings, stopped the usual Course of Justice, enforced the Parliament for the Preservation of this State, to impose and require many great and unusual Payments from the good Subjects of this Kingdom, and to take extraordinary Ways for procuring of Moneys for their many pressing Occasions; it having pleased God to reduce our Affairs into a more hopeful Condition than heretofore: We do declare, that we will not, nor any by Colour of any Authority derived from us, shall interrupt the ordinary Course of Justice in the several Courts and Judicatories of this Kingdom, nor intermeddle in Cases of private Interest other where determinable, unless it be in Cases of Male Administration of Justice, wherein we shall see and provide that Right be done, and Punishment inflicted as there shall be Occasion, according to the Laws of the Kingdom, and the Trust reposed in us. And as both Houses have already for the Ease and Benefit of the People, taken away the Court of Wards and Liveries, with all Tenures in Capite, and by Knight-Service, so we will take special Care that as speedy and as great Ease may be had in future Levies of Money, by reducing of Garrisons,. and other Ways, as the pressing Occasions of the Kingdom can possibly admit; and will provide, by bringing Delinquents to due Punishment (who have unnaturally fomented and maintained this present War against the Parliament and Kingdom) that there may be a fair Possibility of satisfying the Disbursements, clearing the Engagements, and repairing the
Losses of those who have faithfully and cheerfully laid out themselves, and suffered for the Publick Service, unless by too great Credulity given to false Suggestions, we shall be disabled from effecting what we desire.
Lastly, Whereas both Nations have entred into a Solemn League and Covenant, and Treaties have been made and concluded between the two Kingdoms of England and Scotland, we have had an especial Regard of the Treaties, and have not (to our best Judgments) failed of the Performance of any Thing which was on our Part to be Performed. And for the Covenant, we have been and ever shall be very careful duly to Observe the same; that as nothing hath been done, so nothing shall be done by us, repugnant to the true Meaning and Intention thereof; and do presume no Interpretation of it (so far as it shall concert the Kingdom of England) shall by any be endeavoured to be imposed on us, other than we ourselves do know to be suitable to the first just Ends for which it was agreed: And we do expect, that the People of England should not receive Impressions of any forced Constructions of that Covenant; which in Case of any Doubt arising, is only to be expounded by them by whose Authority it was established in this Kingdom, who will not depart from those Grounds and Principles upon which it was framed and founded.
The Commons Order 10000l. per Ann. to be paid for the Support of the Queen of Bohemia, Apr. 20.
A Report being made to the House of Commons, concerning the Stipend to be allowed from the Kingdom of England to her Majesty the Queen of Bohemia (a Daughter of this Crown) and finding some Inconveniences in the manner of Raising the same out of several Delinquents Estates, as was formerly proposed, it was therefore Ordered, that the Committee of Goldsmiths-Hall should advance the Sum of ten thousand Pounds for the present Support of that Queen; and likewise for her future Accommodation, that the Sum of 10000l. per Ann. should be advanced and paid by the Committee of the Revenue to her said Majesty, or such as she should appoint to receive the same.
Woodstock surrendred Apr. 26.
Col. Rainsborough and Col. Fleetwood had for some Time streightned Woodstock, whereupon the Garrison desired a Parley, and a Safe Conduct for Commissioners to come from Oxford to Treat with an equal Number of the Besiegers: Which being granted, there came from Oxford to the Earl of Southampton, Earl of Lindsey, Sir William Fleetwood, and Col. Ashburnham; who were met by Col. Rainsborough, Col. Fleetwood, Major Harris, and Major Desborough; and after some Treaty, came to an Agreement, that the said Garrison, with the Arms and Ammunition, should be Surrendred to the use of the Parliament; the Field-Officers to March away with their Swords, the other Officers and Soldiers without Arms, to have a Convoy to Oxford.
800 l. per An. to be allowed to the Bishop of Durham,
The Commons having passed a Vote for the Allowance of 800l. per Ann. to the Bishop of Duresme, sent the same up to the House of Peers for their Concurrence; who Consented thereunto.
Hiarchal surrendred; Bridgnorth taken by the Parliament's Forces.
The Committee of Shropshire were at this Time active, towards the End of March, 1646. Some Forces sent forth by them, brought the Garrison of Hiarchal to surrender, with all the Arms and Ammunition: The Officers and Gentlemen, being in Number about forty, had Conditions to March out with Horse and Arms with a Convoy to Worcester. From thence the Parliament's Shropshire Forces Marched to Bridgnorth, and summoned the Town and Castle: Col. Billingsley, who Commanded in Chief in the Town, would Return no Answer; but Col. Howard, Governour of the Castle, gave a fair Denial: Hereupon upon the Besiegers prepared to Storm, wherein they succeeded so far, that they made themselves Masters of the Town, but the Castle held out near a Month longer, and at last surrendred upon Conditions to March away without Arms; and Col. Lloyd was appointed Governour there.
Questions propounded to the Assembly of Divines by the House of Commons, touching the Point of Jus Divinum in the Matter of Church-Government.
Questions put by the Commons to the Assembly of Divines, about the Jus Divinum of Presbytery. April 30. 1646.
Whereas it is Resolved by both Houses, that all Persons guilty of notorious and scandalous Offences, shall be suspended from the Sacrament of the Lord's Supper; the House of Commons desires to be satisfied by the Assembly of Divines in the Questions following.
1. Whether the Parochial and Congregational Elderships, appointed by Ordinance of Parliament, or any other Congregational or Presbyterial Elderships, are Jure Divino, and by the Will and Appointment of Jesus Christ? And whether any particular Church-Government be Jure Divino? And what that Government is?
2. Whether all the Members of the said Elderships, as Members thereof, or which of them, are Jure Divino, and by the Will and Appointment of Jesus Christ?
3. Whether the Superior Assemblies or Elderships, viz. the Classical, Provincial, and National, whether all, or any of them, and which of them are Jure Divino, and by the Will and Appointment of Jesus Christ?
4. Whether Appeals from Congregational Elderships to the Classical, Provincial, and National Assemblies, or any of them, and to which of them, are Jure Divino, and by the Will and Appointment of Jesus Christ? And are their Powers upon such Appeals Jure Divino, and by the Will and Appointment of Jesus Christ?
5. Whether Oecumenical Assemblies are Jure Divino? And whether there be Appeals from any of the former Assemblies to the said Oecumenical, Jure Divino, and by the Will and Appointment of Jesus Christ?
6. Whether by the Word of God the Power of Judging and declaring what are such notorious and scandalous Offences, for which Persons guilty thereof are to be kept from the Sacrament of the Lord's Supper, and of conventing before them, trying, and actual Suspending from the Sacrament of the Lord's Supper such Offenders accordingly, is either in the Congregational Eldership or Presbytery, or in any other Eldership, Congregation, or Persons; and whether such Powers are in them only, or any of them, and in which of them, Jure Divino, and by the Will and Appointment of Jesus Christ?
7. Whether there be any certain and particular Rules expressed in the Word of God, to direct the Elderships, or Presbyteries, Congregations or Persons, or any of them, in the Exercise and Execution of the Powers aforesaid; and what are those Rules?
8. Is there any Thing contained in the Word of God, That the Supreme Magistracy in a Christian State may not Judge and Determine what are the Aforesaid notorious and scandalous Offences, and the Manner of Suspension for the same; and in what particulars concerning the Premisses is the said Supreme Magistracy by the Word of God excluded?
9. Whether the Provision of Commissioners to judge of Scandals not enumerated (as they are Authorized by the Ordinance of Parliament) be contrary to that Way of Government which Christ hath appointed in his Church; and wherein are they so contrary?
In Answer to these Particulars the House of Commons desires of the Assembly of Divines, their Proofs from Scripture, and to set down the several Texts of Scripture in the express Words of the same: And it is ordered, that every particular Minister of the Assembly of Divines, that is or shall be present at the Debate of any of these Questions, do upon every Resolution which shall be presented to this House concerning the same, subscribe his respective Name, either with the Affirmative or Negative, as he gives his Vote: And that those that do Dissent from the major Part, shall set down their Positive Opinions, with the express Texts of Scripture upon which ther Opinions are grounded.
Fairfax Marches back out of Cornwal, until his coming before Oxford.
His Majesty's Forces in Cornwal, under the Lord Hopton, being, pursuant to the Treaty, wholly disbanded by the End of the Year 1645, Sir Thomas Fairfax the Parliament's General, with his Army, prepared to March back; and on the 31st of March, 1646. drew up before Exeter, and sent in the following Summons.
Fairfaxs Summons to the City of Exeter, March 31, 1646.
Being return'd with my Army from the West, where God in his Wisdom saw it good to bestow a dry and bloodless Victory upon me, to the great Quiet and Peace of those Parts; and conceiving it my Duty like wise to endeavour the Good of this Country, which by the Occasion of your Garrison is necessarily Obstructed: I thought fit once more to send you a Summons to
deliver up to me the City of Exeter, with the Castle, Forts, Arms, Ammunition and Magazine belonging to the same; believing that by this Time you are satisfied of no Relief from the Prince's Army, and may equally be of all Relief to come from any other Place, if your Intelligence and Knowledge were the same with ours. There is nothing more induceth me hereunto, than an unfeigned Zeal against any Bloodshed, and as much as in me lies to preserve that City, which hath already suffered deeply in the unnatural Distractions; from further or greater Misery. Tho' I shall not boast of my Numbers or Strength, yet I must tell you, that I doubt not but the same Power which hath formerly made difficult Things easy, will answer this, and will acquit me from being accounted the Occasion of those Inconveniences and Miseries which necessarily will ensue upon your Refusal. I shall expect your speedy and positive Answer herein, and rest,
March 31. 1646.
Whereunto on Wednesday, April 1. Sir John Berkley returned this Answer to the Summons.
The Governor's Answer.
Upon your Summons I called a Council of War, where after some Debate it was determined to treat with you, or with whom you should appoint; and to conclude upon just and honourable Terms: And to that Purpose I desire a safe Conduct for these Persons to repair to your Head-Quarters with their Servants, on Friday Morning, and to return at their Pleasure. I remain,
April 1. 1646.
Those first Named by Sir John Berkley were,
- Sir Henry Berkley,
- Mr. William Ashburnham,
- Sir George Cary,
- Mr. John Wear,
- Col. Godolphin,
- Capt. Fitzgerard,
- Mr. Robert Walker,
- Mr. Thomas Knight,
- Mr. Thomas Kendal,
- Mr. Thomas Foard.
Whereupon, Thursday April 2. Sir Thomas Fairfax returned this Answer.
Fairfax's Second Letter, April 1.
I Have received yours, whereby I understand that in Pursuance of my Demand in my Summons, you have determined to treat with me by Commissioners; and in Order to that have sent a List of ten Gentlemen, which you desire for Commissioners on your Behalf; of which there is none in particular that I take Exceptions unto; yet because I desire to carry on the Business with Clearness and Expedition, which by so great a Number cannot be so well effected, I thought sit to propound unto you the Number of six, that being as many as conveniently can be used in a Business of this Nature. Upon Consent hereto, and Answer, I shall, according to your Desire, send you a safe Conduct for a proportional Number of Commissioners; and in the mean Time shall rest,
April 1. 1646.
I agree the Time to begin on Friday next, according to your Desire; the Place Poltimore-House. I have sent a List of the Commissioners on my Part.
- Lieutenant-General Hamond,
- Col. Sir Hardress Waller,
- Col. Lambert,
- Col Harley,
- Col. Fry,
- Commissary Stane.
Thursday, April 2. Commissioners were appointed, and a safe Conduct granted. Friday 3. the. Treaty began at Poltimore, Sir John Bamfield's House, Saturday, Sunday, Monday, Tuesday, and Wednesday, the Treaty continued, sitting close at it every Day, and the most Part of the Night, 'till they had concluded it. And so on Thursday, April 9. the Articles were mutually signed, as followeth:
Articles of Agreement concluded on by Thomas Hamond, Lieutenant-General of the Ordnance, Col. Sir Hardress Waller; Col. Edward Harley, Col. Lambert, Commissary-General Stane, and Major Watson, Scoutmaster-General, Commissioners on the Behalf of the Right Honourable his Excellency Sir Thomas Fairfax, General of the Parliament's Forces, on the one Party: And Sir Henry Berkley, Sir George Cary, Col. Ashburnham, Col. Godolphin, Capt. Fitzgerald, Mr. John Weare, Mr. Robert Walker, and Mr. Thomas Knight, Commissioners on the Behalf of Sir John Berkley, Knight, Governour of the City of Exeter, on the other Party: Touching and concerning the Rendition of the said City and Garrison; as followeth:
Articles of the Surrender of Exeter, April 9. 1649
I. That the City and Garrison of Exeter, together with the Castle, and all Forts and Mounts, Places of Defence, of or belonging to the same, with all Ordnance, Arms, and Ammunition, Provisions, and Furniture of War belonging to the Garrison (excepting what shall be excepted in the ensuing Articles) shall be delivered unto Sir Thomas Fairfax, General of the Parliament's Forces, or to any whom he shall appoint to receive them, for the Use of the Parliament, on Monday next after the Date hereof, being the Thirteenth of this Instant April, by Twelve of the Clock at Noon.
II. That if any Officer, Soldier, or any Person (included in these Articles) wrong or plunder in Person or Goods (in their March away, or before) any Citizen or Countryman, or any Person whatsoever, shall, as far as he is able, give Satisfaction to the Persons so injured, at the judgment of his Excellency Sir Thomas Fairfax.
III. That if any Officer, Soldier, or any Person (included in these Articles) shall after the Date hereof wilfully break, deface, spoil, or imbezle any Arms, or other Provisions of War whatsoever, by the precedent Articles to be surrendred, as aforesaid, shall lose the Benefit of the ensuing Articles.
IV. That the Princess Henrietta and her Governess, with her Houshold, shall have full Liberty to pass with her Plate, Money, and Goods, within Twenty Days after the Conclusion of this Treaty (when she shall desire) to any Place within the Continent of England, or Dominion of Wales, at the Election of the Governess, and there to remain until his Majesty's Pleasure be further known touching her settling; and that the Governess shall have Liberty to send to the King, to know his Pleasure herein, accordingly to dispose of her Highness, within the aforesaid Limitation of Places: And that sit and convenient Carriages be provided for their Passage, at reasonable Rates.
V. That the Cachedral Church, nor any other Church within the City shall be defaced, or any thing belonging thereunto, spoiled or taken away, by any Soldier or Person on either Side whatsoever.
VI. That the Governor, together with all Lords, Clergymen, Gentlemen, Captains, Officers, Troopers, and Common Soldiers; shall march out of the City on Monday next, the 13th of April, by Twelve of the Clock at Noon, with their Horses, full Arms, Bag and Baggage, and their Goods, Colours flying, Drums beating, Matches lighted, Bullets full Bandaliers, with sufficient Convoys unto Oxford, or, unto Helston in Cornwal, at their several Elections: And in case the Governor of Oxford shall refuse to receive the Common Soldiers that shall march thither, they are there to deliver up their Arms to the Convoy, and have Passes to repair to their several Homes. And those that march unto Helston are there to be disbanded, and to have Passes to their several Homes. That all Troopers and Common Soldiers, which march not as aforesaid, shall deliver up their Arms, except their Swords, and have Liberty to go to their own Homes with Bag and Baggage, and shall not be compelled to take up Arms against the King. Provided also, That all Officers and Gentlemen, that shall chuse to go to Oxford and: not take up Arms, shall repair into the Parliament's Quarters within Forty Days after the Date hereof, and shall enjoy the Benefit of these, Articles.
VII. That all those which shall march to the Garrisons aforesaid, shall have Free, Quarters in their March, and not he obliged to march above Ten Miles a Day; and that such other Soldiers as are. Inhabitants in the City, shall receive free Liberty to march out, or remain therein, without being compelled to take up Arms against the King. And if any Soldiers fall sick upon their March, that convenient. Carriages and Accommodations shall be provided for them.
VIII. That all Lords, Gentlemen, Clergymen, Chaplains and Officers, that shall chuse to go beyond the Seas, shall march away with their full Arms for their own Use: And that all Common Soldiers shall march away with their full Arms, with a sufficient Convoy, unto the Port which they shall chuse for their Transportation; which Arms they shall there lay down, and deliver unto the Governor of the next Garrison belonging to the Parliament; the said Governor providing for their Safety during the Time of their Abode there; where they shall be assisted for the procuring Vessels and Shipping for their Transportation at the accustomed Rates, and shall have free Quarter for One and Twenty Days allowed to provide for their Passage. After which Time shall be expired, the same Officers and Soldiers, paying for their Quarters, shall have Liberty to stay until Shipping be provided, and Weather seasonable; and that during their Stay, or before, it shall be permitted that any Two of them may go to London, to treat with any Foreign Embassador or Agent, for a Commission to be entertained beyond the Seas.
IX. That neither the Officers, Soldiers, nor any Person whatsoever, in their going out of the City shall be reproached, or have any disgraceful Speeches, or Affront offered to them, or any of their Persons Wronged, rifled, searched, or their Goods seized or taken away from them by any Person whatsoever.
X. That the Governor, Lords, Gentlemen, Clergymen, Chaplains, Commanders, Officers and Soldiers, comprized in these Articles, shall be allowed and assisted in providing of sufficient Carriages at reasonable Rates, to carry away their Bag, Baggage and Goods; and that Care be taken by the future Governor of the said City, for the Curing of such Sick or Wounded Officers and Soldiers as shall be left in the City; and that, upon Recovery, they shall have Passes to repair to their own Houses respectively.
XI. That the Parliament Forces come not into the City, until the King's Forces be marched out; except One Hundred and Fifty Foot, and One Troop of Horse, with their Officers.
XII. That no Lords, Knights, Gentlemen, Clergymen, Chaplains, (excepting those who are by Name excepted by Parliament from Pardon and Composition) Officers, Citizens, and Soldiers, and all other Persons comprized within these Articles, shall be questioned or accountable for any Act past by them done (or by any other by their Procurement) relating unto the unhappy Differences betwixt his Majesty and Parliament; they submitting themselves to reasonable and moderate Composition for their Estates; which the General, Sir Thomas Fairfax, shall really endeavour with the Parliament, that it shall not exceed Two Years Value of any Man's real Estate respectively; and for personal, according to the ordinary Rule, not exceeding the Proportion aforesaid: Which Composition being made, they shall have Indemnity for their Persons, and enjoy their Estates and all other Immunities, without payment of any Fifth, or Twentieth Part, or any other Taxes or Impositions except what shall be hereafter charged upon them in common with other Subjects of this Kingdom, by Authority of Parliament.
XIII. That all Lords, Knights, Gentlemen, Clergy and Chaplains (excepted in the precedent Articles) shall have Liberty to go to any of the King's Garrisons, and to have a safe Conduct for themselves and Servants, to go unto the Parliament to obtain their Composition for their Estates, and Indemnity for their Persons; which (tho' it prove ineffectual) yet nevertheless they shall have Four Months Time, next after the Date of these Articles, to endeavour their Peace, or to go beyond the Seas, and shall have Passes for that Purpose.
XIV. That all Horses, Arms, Money, and other Goods whatsoever, taken as lawful Prizes of War, before or during the Siege, now in the City, be continued in the Possession of the present Possessors.
XV. That all Officers, Gentlemen, Citizens, Inhabitants, Clergymen, Chaplains, Soldiers, and all other Persons within the City, during the Time of their making their Composition, shall have free Liberty either to inhabit within the same City, or shall have free Liberty at any Time to depart with their Families, Goods and Estates, unto any part of this Kingdom in the Parliaments's Quarters; and before Composition made, the Merchants and Tradesmen to enjoy their Merchandizing and Trades; and after Composition made, all others not prohibited by Ordinances of Parliament) to enjoy and exercise their Professions, or go beyond the Seas: And they and every of them shall have power to dispose and sell to their own Uses, either by themselves or others, whatsoever Part of their Goods or Estates they shall not carry or convey away with them. And all Inhabitants which did inhabit within the City within Seven Months past, having made their Compositions, as aforesaid, shall enjoy the Benefit of this, and the Twelfth, and the Two and Twentieth Articles.
XVI. That all Charters, Customs, Privileges, Franchises, Liberties, Lands, Estates, Goods and Debts of the Mayor, Aldermen, Bayliff, Commonalty, as a Corporation, and all other Corporations of the said City, shall be enjoyed by them; and that the antient Government thereof remain as formerly.
XVII That if any Persons or Inhabitants, which are comprised within these Articles, shall break any of them; that such Breach shall only touch and concern such Persons, and to make such Satisfaction for the same, as the Cause doth require.
XVIII That all Persons, comprized within these Articles, shall 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 that Time of the Surrender thereof, and are to have the Benefit of these Articles.
XIX. That his Excellency Sir Thomas Fairfax gives Assurance, that Officers and Soldiers, in the Parliament's Army, and all others under his Command, shall duly and exactly observe all Articles aforesaid. And that if they, or any of them, shall directly or indirectly violate or infringe the same, upon Complaint thereof, Justice may be done, and Reparation made.
XX. That the Inhabitants of the City shall be eased and freed from all free Quarter, or Billet of Soldiers, except in Cases of urgent Necessity, other than for Lodging; and that to be ordered and disposed of by the Advice of the Mayor, or his Deputy.
XXI. That no Oath, Covenant, Protestation, or Subscription (relating thereunto) shall be imposed upon any Person whatsoever, comprised within these Articles, but only such as shall bind all Persons aforesaid, not to bear Arms against the Parliament of England, now sitting at Westminster, nor wilfully do any Act prejudicial to their Affairs, whilst they remain in their Quarters; except the Persons aforesaid shall first render themselves unto the Parliament, who shall cause them to be secured, if they think fit.
XXII. That for the further and, clearer Understanding of the present Articles, it is hereby declared, that the true Meaning of them is, That all Persons, comprized within these Articles, shall quietly and peaceably enjoy all their Goods, Debts, and Moveables during the Space of Four Months next ensuing, and be free from all Oaths, Covenants, and Protestations, and have Liberty within the Time of the said Four Months, in Case they shall not make their Composition with the Parliament (and shall be resolv'd to go beyond Seas) to dispose of their said Goods, Debts, and Moveables, allowed by the Articles, and to, depart the Kingdom, if they shall think fit, and to have Passes for that Purpose, or otherwise to stay in the Kingdom.
XXIII. That Mount Radford, and the Ward in St. Thomas's Parish, with the Provisions of War thereunto belonging, be delivered unto his Excellency Sir Tho. Fairfax, or whom he shall appoint to receive them, in Assurance of the Performance of the precedent Articles, to Morrow by Six of the Clock in the Afternoon, being the 17th of April: And that Four such Gentlemen or Officers as his Excellency shall approve of, shall be delivered at the same Time, as Hostages for the Performance of the foregoing Articles on the one Part, and Two Hostages, such as Sir John Berkley, Knt. Governor of the City of Exeter, shall approve of, and appoint to be received, for Performance on the other Part.
XXIV. Lastly, That these Articles be ratified and confirmed mutually by his Excellency Sir Thomas Fairfax on the one Part, and Sir John Berkley, Knt. Governor of the City, on the other Part.
I do hereby Ratify and Confirm the Articles abovesaid, agreed on by the Commissioner on my Part,
April 9. 1646.
Whilst this Treaty was in Hand, Fairfax sent Commissary-General Ireton, with his own Regiment, and Col. Rich's, and some other Regiments of Horse towards Oxford, to hinder Provisions from being carried in thither. And on Friday, April 10. himself advanced to Barnstaple, and summoned that Town, who not being in a Capacity to make a long Defence, came to a Capitulation, which was concluded on Sunday the 12th, the Articles being in effect much the same as those of Exeter: To which Place Fairfax rerurn'd on the 15th, and stay'd there three Days, for settling the Affairs of that City, where he appointed Col. Hammond Governor. And on the 18th began his March towards Oxford, quartering that Night at Chard, and the next Night to Dorchester and on Monday the 20th to Salisbury, waiting there 'till the 23d for the coming up of all his Foot, and Train of Artillery; where he received sundry Complaints of the Violation of Cornwal and Exeter Articles, by the Committee's Troops of several Counties, taking from divers their Horses and Arms, and other Necessaries, which by the Articles they were to carry away with them.
Barnstaple Surrendred to Fairfax, &c. April 12; Fairfax marches towards Oxford
On the 24th of April, Part of his Army advanced to Andover, whither he went himself the next Day, and on Monday the 27th came to Newbury.
His Majesty being at Oxford, observing the ill Posture of his Affairs, had resolv'd to betake himself to the Scots Army before Newark. Touching the Grounds and Motives of which unexpected Resolution, his Majesty gave this Account in a Letter to the Marquess of Ormond, dated the 13th of April; though the same was not publickly known 'till a considerable Time after; as shall be mentioned in its due Place.
His Majesty's Letter to the Marquess of Ormond, Lord Lieutenant of Ireland, from Oxford, April 13. 1646. touching his going to the Scots.
Right Trusty and entirely Beloved Cousin and Counsellor, we greet you well. Having used all possible and honourable Means, by sending many Gracious Messages to the Two Houses of Parliament; wherein we have offered them all they have heretofore desired, and desired from them nothing but what they themselves (since these unhappy Wars) have offered, to procure our Personal Treaty with them for a safe and well-grounded Peace: And having instead of a dutiful and peaceful Return to our said Messages, received either no Answer at all, or such as argues nothing will satisfy them, but the Ruin, not only of us, our Posterity and Friends, but even of Monarchy itself: And having lately received very good Security, That We, and all that; do or shall adhere to us, shall be safe in our Persons, Honours, and Consciences, in the Scotish Army; and that they shall really and effectually join with us, and with such as will come in 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 and well-grounded Peace, for the good of us and our Kingdoms,) in the Recovery of our just Right: We have resolved to put ourselves to the Hazard of passing into the Scots Army, now lying before Newark: And if it shall please God that we come safe thither, we are resolved to use our best Endeavour, with their Assistance, and with the Conjunction of the Forces under the Marquess of Montross, 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 hither to refused to give any Ear to any Means tending thereto. Of which our Resolution we held it necessary to give you this Advertisement, as well to satisfy you, and our Council, and Loyal Subjects with you (to whom we will that you communicate these our Letters); that failing in our earnest and sincere Endeavours by Treaty, to. put an end to the Miteries of these Kingdoms, we esteemed ourself obliged to leave no probable Expedient unattempted, to preserve our Crown and Friends from the Usurpation and Tyranny of those whose Actions declare so manifestly their Designs to overthrow the Laws and happy established Government of this Kingdom. And now we have made known, to you our Resolution, we recommend to your special Care the Disposing and Managing our Affairs on that Side, as you shall conceive most for our Honour and Service; being confident the Course we have taken (tho' with some Hazard to our Person) will have a good Influence on that our Kingdom, and defer, if not altogether prevent the Rebels transporting of Forces from them 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 Oxon hear frequently from you, and of your Actions and Condition there: And so God prosper your Loyal Endeavours. Given at our Court at Oxon the13th of April, 1646.
By his Majesty's Command,
King leaves Oxford, April 27. 1646; The King's Journey; King comes to the Scots Army, May 5
Pursuant to the aforesaid Resolution of leaving Oxford, his Majesty on Monday, April 27. (the same Day Fairfax came to Newbury) about Midnight, did in Disguise go out of that City, in Company only of Dr. Hudson, a Divine, and Mr. John Ashburnham, and rode as Servant to the latter, with a Cloak-bag behind him: And the more to conceal which Way he intended to take, 'twas said there was Order given, That Three Persons should about the same Hour go out of each of the other Gates of the City. Concerning the Course of this his Majesty's Journey, Dr. Hudson being afterwards taken, upon his Examination, declared to this Effect: That they came to Henley, Brentford, and Harrow on the Hill, where he stay'd some Time: From thence he went towards St. Albans, and was upon the Road overtaken by a drunken Man well horsed, and riding violently; which put the King and the Two Gentlemen with him into some Apprehensions that they were discovered and pursued: But that Fear being soon over, they turned past St. Albans out of the common Road; and the most remarkable Place they stay'd at next, was Harborough in Leicestershire, where they expected Monsieur Montril the French Agent, or some Horse from him, to meet them, and conduct his Majesty to the Scots Army, as it seems the said Agent had before promised to Dr. Hudson; who failing therein, his Majesty went to Stanford, where he lay one Night, and from thence passed to Downham in Norfolk, where he lay from Thursday, April 30. to Monday, May 4. And in the mean time sent Dr. Hudson to the French Agent, to know the Reason why he did hot meet at Harborough, and to advise with him what was now to be done. Here his Majesty going to be Trimm'd, the Barber found much fault with the Unevenness of his Hair (which had been cut, to prevent his being known) and told him, The Barber that last Trimm'd him, was much to blame for it. Upon Dr. Hudson's, Return, his Majesty repaired to the French Agent, who lay at Sourborn, and thence sent to General Lewen, and was conducted by a Troop of Horse to the Lieutenant-General David Lesley's Quarters at Kellam, on Tuesday, May 5. and Notice thereof was given by the Scots to the English Commissioners resuing with their Army.
King reported to become to London; Order for discovering the King, May 4.
In the mean time the Design was kept so secret, that those at Oxford, tho' they soon knew of his Majesty's being gone, 'yet could not guess whither he intended his Course; but it was generally reported, that he was gone for London; of which the Two Houses having Notice from Sir Thomas Fairfax, (who had now drawn up his Army before Oxford) they on Monday, May 4. caused an Order to be published by Beat of Drum and Sound of Trumpet, throughout London and Westminster, to this Effect: Ordered, That it be, and it is hereby declared by the Lords and Commons in Parliament assembled, That what Person soever shall Harbour and Conceal, or know of the Harbouring or Concealing of the King's Person, and shall not reveal it immediately to the Speakers of both Houses, shall be proceeded against as a Traytor to the Commonwealth, forfeit his whole Estate, and dye without Mercy.
And on this Occasion, whereas there had been appointed a General Training of the City Forces, to be held in Hide-Park, May 5. the same was put off by Order of the Houses to another Day. And also they passed the following Ordinance:
Order for Papists and Cavaliers to depart 20 Miles from London, May 5.
Whereas the Lords and Commons in Parliament assembled, by an Ordinance of the 31st of March last, for the Reasons therein mentioned, have ordered That all Papists whatsoever, and all Officers and Soldiers of Fortune, and other Persons that have born Arms against the Parliament, not being under Restraint, should before the End of the 6th Day of April last past, depart out of the Cities of London and Westminster, and Lines of Communication; the said Order to continue for the Space of one Month after the said
6th Day of April, under divers Penalties, Limitations, and Provisoes in the said Ordinance mentioned, whereunto Relation being had, doth and may appear. And whereas the Lords and Commons do take Notice, That divers Persons, in obedience to the said Ordinance, have departed the said Cities and Lines of Communication, and yet do remain in the Towns and Villages near adjoining, who upon all Attempts that might be made to the Disturbance of the Peace of the said Cities, can soon draw themselves together for Action, and put themselves into a Condition to act: any mischievous Design that may be against the said Cities: The said Lords and Commons, for the Safety of the Parliament, and Cities of London and Westminster, do conceive it most necessary, that farther Care and Provision should be had, to prevent the great Inconveniences that may arise by the Continuance of the said Persons in the said Places, or their present Resort to the said Cities, do ordain and declare, That the said Ordinance, and all and every Clause, Article, and Proviso thereof, shall continue and be in force to all Intents and Purposes, under the Penalties therein mentioned, against all and every such Person and Persons, for the Space of one Month more, from the End and Expiration of the aforesaid Month, as if the said Ordinance had been made to have continued for, Two Months from the said 6th Day of April. And it is further ordained, That all Persons that have born Arms against the Parliament, and all Papists whatsoever, which went out of the Lines of Communication, in Obedience to the said Ordinance, and all other such Persons, as aforesaid, as have since come from the Enemies Quarters to or near the said Cities, shall by the 12th Day. of this Instant May depart and remove themselves Twenty Miles at the least, distant from the said Cities and Lines of Communication, under the Penalties mentioned in the said recited Ordinance: And of the Places whither they intended to resort, shall give or send particular Notice, under their Hands in Writing, unto the Committee at Goldsmiths-Hall, mentioned in the said recited Ordinance, before the said 12th Day of May.
The Two Houses, on the 6th of May, received Intelligence of the King's being in the Scots Army, by Letters from Col. Poyntz, and from their Commissioners before Newark: And after a long Debate, the Commons passed these several Votes:
Votes touching the Disposal of the King, May 6
That the Commissioners and General of the Scots Army be desired, That, his Majesty's Person be disposed of as both Houses shall desire and direct.
That his Majesty be thence disposed of, and sent to Warwick-Castle.
That Mr. Ashburnham, and the rest of those that came with the King into the Scots Quarters, should be sent for as Delinquents by the Serjeant at Arms attending the said House, or his Deputy. And that the Commissioners for the Parliament of England, residing before Newark, should acquaint the Scots General with these Votes; and also make a Narrative of the Manner of the King's coming into the Scots Army, and present it to the House.
Forces ordered into Holyisland, May 7.
The House of Commons being informed, That Holy-island in Northumberland was in great Danger, and lay open to an Enemy, if speedily some Forces were not sent thereunto, ordered a Letter to the Committee of that County, to require them forthwith to send some Forces to maintain the said Island, it being of such great Consequence to the Northern Parts of this Kingdom.
A Letter from the Scots General and Committee of Estates, to the Committee of both Kingdoms, touching the King's coming into their Army, dated May 6
The earnest Desire which we have to keep a right Understanding between the Two Kingdoms, moves us to acquaint you with that strange Providence wherewith we are now surprised, together with our Carriage and Desires thereupon. The King came into our Army Yesterday in so private a Way, that after we had made Search for him, upon the Surmises of some Persons who pretended to know his Face, yet we could not find him out in sundry Houses. And we believe your Lordships will think it was Matter of much Astonishment to us, seeing we did not expect he would have come in any Place under our Power. We conceived it not sit to enquire into the Causes that persuaded him to come hither, but to endeavor that his being here might be improved to the best Advantage, for promoting the Work of Uniformity,
for settling of Religion and Righteousness, and attaining of Peace, according to the League and Covenant, and Treaty, by the Advice of the Parliaments of both Kingdoms, or their Commissioners authorized for that Effect. Trusting to our Integrity, we do persuade ourselves, that none will so far misconstrue us, as that we intended to make use of this seeming Advantage, for promoting any other Ends than are express'd in the Covenant, and have been hitherto pursued by us with no less Conscience than Care. And yet for further Satisfaction, we do ingeniously declare, That there hath been no Treaty nor Capitulation betwixt his Majesty and us, nor any in our Names; and that we leave the Ways and Means of Peace unto the Power and Wisdom of the Parliaments of both Kingdoms. And so far as concerns us, as we have a Witness in Heaven, we are confident to make it appear to the World, That there is nothing more in our Desires, than in all our Resolutions and Proceedings to adhere to the Covenant and Treaty. Our gravest Thoughts shall be taken up in studying, and our utmost Abilities employ'd in acting those Things that may best advance the Publick Good, and Common Happiness of both Kingdoms wherein, by the Help of the most High, we shall labour to use so much Tenderness and Care, that, we hope, it shall soon appear that our Actions have been the Issue and Result of honest, and single Intentions. And further, we cannot (in a Matter of so deep Consequence and common Interest) but seek your Lordships Advice; for which Effect we have also written to the Committee of Estates of Scotland, with Intentions to move by your joint Councils and Resolutions; that we at last, after a Seed time of many Afflictions, may reap the sweet Fruits of Truth and Peace. And in this Confidence we remain,
Your Lordships humble Servants,
- Belcarris, S. D.
- R. of Freeland, W.
- Sir Th. Carre,
- John Johnston.
Southwell, May 6. 1646.
Immediately, upon the King's coming to the Scots, General Leven had some Treaty with his Majesty about the Surrender of Newark, desiring him to give Order to the Lord Bellasis, Governor thereof, to surrender; and his Majesty offered to surrender it to them; but General Leven answered, That to remove all Jealousies, it must be yielded to the Parliament of England: Whereupon his Majesty was prevailed with, to send Order to the Governor to that Purpose: Which was by Commissioners appointed by each Side, agreed on the following Articles.
Articles agreed and concluded the 6th of May, 1646. between the Commissioners hereunder named, authorized by the Committee of the Parliament of both Kingdoms of England and Scotland, on the one Part: And the Commissioners hereunder named by the Governor of Newark, Lieutenant-General to his Majesty of the Counties of Nottingham, Lincoln, and Rutland, and Governor of the Town and Castle of Newark, of the other Party: Touching the Yielding and Surrendring of that Garrison, and the Castle, Forts, and Sconces thereunto belonging, to the Committee of both Kingdoms, for the Use of the Parliament of England.
Articles for the Surrender of Newark, May 6, 1646.
1. That the Town and Garrison of Newark, with the Castle, Forts, Sconces, Ordnance, Mortar-pieces, Arms, Ammunition, and Provisions, and Necessaries of War (not herein after excepted) be surrendred on Saturday next at Ten of the Clock into the Hands of the Committee of both Kingdoms, or whom they shall appoint, for the Use of the Parliament of England, without embezling any of them.
2. That the Governor of the said Garrison shall march away with his Servants, Horses, Arms, and proper Goods, to any Garrison he shall name, not besieged or block'd up, or to his own House, there to remain unmolested, submitting to all Ordinances of Parliament. And also that the said Governor shall have Liberty, upon desire, any Time within Three Months, to pass beyond Seas, and to have Passes granted for himself and Servants accordingly.
3. That all Officers in Commission, or that have been formerly in Commission, shall march away with their Horses Arms, and their proper Goods; the Common Soldiers of Horse and Foot, with their Money, Cloaths, and Swords, to any Garrison not besieged or block'd up, or to their own Houses, as they shall make Choice of. And those that have not Money, to have Free Quarter in their March, and not to march above Ten Miles in one Day, unless they please; and to have a Convoy and Carriages provided for the carrying away their Goods; Hostages being given for the Return of the Convoy and Carriages: And such Goods as cannot be removed, the Owners shall have Three Months Liberty to dispose of them.
4. That all such Officers and Gentlemen now in the Garrison, who shall desire to depart this Kingdom, shall, upon Signification thereof to the Commissioners of both Kingdoms any Time in Three Months, have Passes for that Purpose for themselves and Servants; engaging themselves during their stay, to do no Disservice to the Parliament.
5. That all such Officers and Soldiers, as by reason of Sickness, Wounds, or otherwise, are not able to march out at the same Time appointed, shall have Liberty to stay in the Town, or some other convenient Place, till they be recovered; and such as are not able to provide Maintenance for themselves, shall have Care taken of them.
6. That all Noblemen and Gentlemen in the said Garrison shall have Liberty to march forth with their Horses and Arms, and their known Menial Servants and Swords, to their own Houses, there to remain unmolested, submitting to all Ordinances of Parliament; and to have Liberty to carry away their own proper Goods, then or at any Time within Three Months; or to have Passes for themselves and Servants to go beyond Sea within Three Months; and in the mean Time to engage themselves to do nothing to the Disservice of the Parliament.
7. That all Clergymen in the Garrison shall have Liberty with their Horses, Servants, and their own proper Goods, to march to any Garrison unblock'd up, or nor besieg'd, or to their own Houses, there to remain unmolested, submitting to all Ordinances of Parliament.
8. That the Mayor, Aldermen, and Inhabitants of the said Garrison shall not be molested in their Persons, Privileges, Goods or Estates, (submitting to all Ordinances of Parliament) and to enjoy the same Liberty, and to have the same Protection as all other Towns have, which are in the Power of the Parliament.
9. That the Ladies, Gentlewomen, Wives, Widows, Children and Servants, belonging to any of the Persons mentioned in the former Articles, or any other, shall have Liberty to march forth of the said Garrison, with their Coaches, Horses, and proper Goods, as in the 6th Article: And if any of them, by reason of Sickness, or any other just Reason, cannot march away, then they shall have Liberty to stay there 'till their Recovery, and then to depart unmolested.
10. That all Prisoners now in the said Garrison, Castle, or Forts, or any other Prisoners of War, taken by either Party, since the Siege began, shall forthwith, upon signing these Articles, be set at Liberty, unless they be detained for Criminal Offences charged upon them, not as Soldiers.
11. That all Persons comprised within these Articles, grounded upon the Summons of the 27th of April, which began this present Treaty, be recommended to compound with the Parliament for their Estates, as coming in before the 1st of May; so as they do effectually prosecute their Compositions within Two Months next ensuing the Date hereof.
12. If any of the Persons above-mentioned shall violate any of these Articles, or any Part of them, they shall lose the Benefit of all the said Articles.
13. That for the Performance of these Articles, Hostages may be mutually given, and a Cessation of Arms continued by both Sides, 'till the Time of Surrender, according to the Articles; and that Guards and Convoys be appointed to protect the Gentry and Soldiers, in their March, from Violence.
Sign'd by us the Commissioners of the Lord Bellasis
- Thomas Ingram,
- Bryan Palmes,
- Jarvis Nevil,
- Robert Sutton,
- Simon Fanshaw,
- Tho. Bristow Clerk.
Sign'd by us, Authorized by the commissioners of both Kingdoms,
- Alex. Popham,
- Franc. Thornhaugh,
- John Hutchinson,
- Henry Gray,
- Rich. Thornton,
- John Archer,
- Walter Scot,
- Gilbert Carre,
- Arch. Douglass.
Newark surrendred, May 8.
The Sickness being very hot in the Town, occasioned the Surrender there of a Day sooner than was agreed upon; so that it was yielded up on Friday the 8th. of May the Officers and Soldiers marching to their own respective Home, there being scarce any Garrison of the King's unbesieg'd, to which they might resort. There were found in the Town,
One very great Piece of Ordnance, commonly called Sweetlips, and 11 other great Pieces of Ordnance, 2 Mortar-pieces, divers Drakes, and small Pieces. Four Thousand Arms, 40 Barrels of Gunpowder, great store of Bullets, Match, and other Ammunition.
The Scots march Northwards, and carry the King with them.
The next Day after the Articles of Newark were sign'd, the Scots Army took their March Northwards, his Majesty being with Lieutenant-General Lesley in the Van of them and on Wednesday, May 13 came into Newcastle; a Lane of Musquets and Pikes being, by Order from Sir James Lunsdale, the Governor, made from Gateshead (the Place where his Majesty entred the Town) all along the Streets to the General's Quarters, where his Majesty took up his Residence.
Col. Poyntz, with a Party of Horse and Dragoons, followed after into Yorkshire
The Scots Commissioners, soon after their rising from Newark, sent to the Parliament's Commissioners, to desire a Meeting with them on Monday the 11th of May, to give them an Account of their so sudden Departure, and their Reasons for not Delivering up Mr. Ashburnham according to the Order of parliament. But before that Day Mr. Ashburnham made his Escape, and so the Scots Commissioners did not meet at the said Place appointed: And Dr. Hudson endeavouring likewise to escape, was for the present Secured in Newcastle. And touching that Business, the Committee of Estates, with the Scots Army, sent afterwards to the Two Houses the following Paper, by their Commissioners in London.
The Scots Paper of their not delivering up Col. Ashburnham and Dr. Hudson, May 25.
The Committee of Estates, with the Scots Army, having received a Vote of the Honourable House of Commons, inclosed in a Letter from the Commissioners of both Houses, demanding the Persons of Mr. John Ashburnham, and all others that came with the King into the Scots Army before Newark, to be delivered up; did seriously take into Deliberation how they might return a satisfactory Answer to the Desire of the House of Commons wherein they found themselves pressed with no small Difficulties, arising from the Consideration of the Vote which did require Mr. John Ashburnham and others to be delivered up upon this Narrative and Reason, That they came into the Scotish Army before Newark with his Majesty there being no other Cause of Delinquency made known unto the Committee of Estates, and no more being expressed concerning Mr. John Ashburnham, than other Persons who were Guides to his Majesty in his Way thither: It did appear unto them, that they were no more obliged to deliver up Mr. John Ashburnham, his Majesty's ordinary Servant, and others, only for their Attending the King to the Scotish Army, than the Parliament of England should have been obliged in the like Case to deliver up any Subject of Scotland for Attending his Majesty, if he had gone into Sir Tho. Fairfax's Army, or come to London. And it did very much weigh with their Lordships, That the Delivering up of these Persons merely for their coming with his Majesty into the Scotish Army, would import, that they did acknowledge it to be unlawful for themselves to receive his Majesty, coming unexpectedly, without any Invitation, into their Army, sith he could not come without one Servant or other to attend him.
But if Mr. John Ashburnham, or any other that came with his Majesty, had been declared by the Parliament to be Incendiaries, Malignants, or evil Instruments, by hindring the Reformation of Religion, dividing the King from his People, or one of the Kingdoms from another, or making any Factions or Parties against the People, contrary to the Solemn League and Covenant, then it was their Resolution, and they were ready therein to give Satisfaction to the Honourable Houses.
Upon these and other Grounds they did desire to confer with the Commissioners of both Houses, to the End they might either give or receive Satisfaction and accordingly wrote unto them for that Purpose, leaving unto them to appoint the Place of Meeting. It was also considered what should be
in the Interim, till upon Conference and mutual Consultation with the Commissioners of Parliament, the Matter should be determined. And tho' for the coming of these Persons with the King to the Scots Army (no other Cause of Offence being known, or Crime objected against them) the Committee of Estates could not in Honour and Justice, nor without Reflection upon themselves for receiving his Majesty, put a Restraint upon them; yet lest the Business should be divulged, and upon Apprehension of the Issue thereof, any of them should make an Escape, the Committee thought fit, and accordingly enjoin Secresy in the whole Matter.
While they were expecting an Answer from the Commissioners of both Houses, they received Advertisement, That 5000 Horse and Dragoons were upon their March Northwards towards them, no Enemy being in those Parts; and that Two Messengers sent from us to them were intercepted and searched. Whereupon they judged it necessary, and did write to the Commissioners of Parliament to delay the intended Meeting till the Army should come to a more convenient Place, being unwilling that the Forces of the Two Kingdoms should engage upon a Mistake : And so soon as they came to Burrowbriggs, they renewed their Desires to the Commissioners of Parliament for a Conference about this Business, to which the Commissioners by Reason of their other Occasions did not agree.
In all which the Committee of Estates conceive, that they have used their best Endeavours to give Satisfaction to the Desire of the Honourable House of Commons, especially seeing upon the very first Notice they had of Mr. Ashburnham and Mr. Hudson their Endeavour to escape, they sent forth on all Hands Orders to apprehend them; and such Diligence was used, as Mr. Hudson was apprehended, and is now in Newcastle, in the Custody of the Deputy Mayor : And as a Worthy and Noble Lord, the Lord Balcarras, lately come hither, hath by Order of the Committee made known to us, his Lordship and all the rest of that Honourable Committee can declare upon their Honour, That directly nor indirectly they were no ways accessary to Mr. Ashburnham's Escape, nor had, any Knowledge thereof, whatsoever may be suggested to the contrary. All which being considered, together with the Letters and Papers to be presented this Day to the House, from the Committee of both kingdoms, we are confident that Honourable House will rest satisfied with their Carriage in this Particular, and with their other Proceedings.
May 25. 1646.
Soon after this, the King's Letter of the 13th of April before recited, to the Marquess of Ormond, was by the Marquess communicated to Major-General Monroe, the Scots Commander in Chief, by a Letter in these Words:
The Marq. of Ormond's Letter to Monroe, May 21.
Having this Morning received a Dispatch from his Majesty, and Command to impart it not only to his Council, but to his Loyal Subjects; I am confident you have so good a Title to a Knowledge hereof, that I have held it my Part instantly to dispatch it unto you by an Express: And so, Sir, wishing you all Happiness, I rest,
Your Assured Humble Servant,
Dublin-Castle, May 21. 1646.
Monroe communicated the same to the Commissioners of Parliament in Ulster who sent Copies of the said Letter, as printed at Dublin, over to the Two Houses by Sir Robert King, one of the said Commissioners and the same was read in the House of Commons on Saturday, June 9. whereupon, on the Monday following, the Commissioners of the Parliament of Scotland, residing at Westminster, delivered in the following Letter or Declaration to the House of Peers.
The Scots Commissioners Declaration, June 8, 1646. touching the King's Letter of the 13th of April to the Marq. of Ormond
For the Right Honourable the Speaker of the House of Peers pro Tempore. Right Honourable,
This inclosed Paper having very lately come to our Hands, which altho it hath not so much as colour enough to deceive, yet nevertheless as General-Major Monroe, in Testimony of his Integrity, did communicate the Thing to
to the Commissioners of Parliament in Ulster; so we, for preventing Mistakes, (many Copies of the same Thing being spread among the People) have thought good to communicate the same to the Honourable Houses, with our Sense upon it, that by their Wisdom and reciprocal Care, a right Understanding in all Things may still be preserved between the Kingdoms. Whether any such Letter was signed by the King at Oxford, or whether it was invented of purpose to support a declining Party, we do not know: What may concern the King in it, we leave to himself, who as he hath since the Date of that Paper expressed contrary Intentions and Resolutions in his Messages to both Kingdoms, so he can best tell what he wrote at that Time; we are only to speak to the Matter of the Paper, which cometh from the Hand of Secretary Nicholas; unto whose Informations, what Credit ought to be given, the Houses very well know. It doth consist in our perfect Knowledge (and we declare it with as much Confidence as ever we did or can do any Thing), That the Matter of the Paper, so far as concerneth any Assurance or Capitulation for joining of Forces, or for combining against the Houses of Parliament, or any other private or publick Agreement whatsoever, between the King upon the one Part, and the Kingdom of Scotland, their Army, or any in their Name, and having Power from them, upon the other Part, is a most damnable Untruth. We shall not need to express how improbable it is, if there had been any such Agreement, that the King about the same Time should have sent a Message to both Houses, offering to come to London, and to follow their Advice in all things, without offering any Satisfaction to the Kingdom of Scotland: And that before he received the Answer of the Houses, he should write such a Letter to Ireland, and give Order to make it known, not only to his Privy-Council, but to his other Subjects of that Kingdom. Nor will we insist how improbable it is, that the King should make this known to the Marquess of Ormond, and neglect to acquaint the late Earl of Montross, who had been much more concerned, and who would, no doubt, if he had known any such Thing, have communicated the same to General Major Midleton, and prevented the Defeating of himself, his Associates and Forces, about the middle of May, after the King was with the Scottish Army. Nor how unlikely it is, that he who is for the Time Commander in Chief for the Scottish Forces in Ireland, should be for the Space of Seven or Eight Weeks totally ignorant of any such Agreement; or if he had known any such thing, that he would have communicated it to the Commissioners of the Parliament, and immediately marched himself to the Fields against the Enemy. Nor shall we need to call to mind the Expressions in the Lord Digby's intercepted Letters, which gave our Nation the Character of such as could not to be gained to that Side, no, not after all Applications used. There are other more sure and more publick Testimonies, since the Date of that lying Paper, which makes the Falshood of it more than palpable, as if Divine Providence had purposely ordered all the late Actions of the Kingdom of Scotland, and of their Forces, both before and since the Third of April, to be so many real Consutations of that groundless Invention: We mean, several late Fights with the Rebels under the late Earl of Montross, and Allaster Mac Donald; the Delivery of Newark, the Retraining and Debarring of Delinquents and Malignants from the King's Person, and from our Army, the late publick Declarations of the Church and State of Scotland in the Beginning of April, as likewise of the General and Committee with the Army, agreed upon about the End of April and published the 15th of May in Scotland, against a Band of the Earl of Seaforth and his Associates; as for other Reasons, so especially for this, that the said Band did tend to the Weakning of the Confidence and Union between the Two Kingdoms, firmly joined and mutually engaged for Assistance to each other in this Cause, as may appear more fully by the Declaration herewith presented. Nor can we pass the Paper delivered to the King by the Committee of Estates upon the 15th of May last, That if his Majesty should delay to go about the readiest Ways and Means to satisfy both his Kingdoms, they would be necessitated, for their own Exoneration, to acquaint the Committee of both Kingdoms at London, that a Course might be taken by joint Advice of both Kingdoms, for attaining the just Ends expressed in the Solemn League and Covenant. We shall say no more of this Particular, God hath his own Time to make manifest who have dealt sincerely, and who falsly ; and as our Nation
did refuse to join with the Enemy's Forces when they were strongest, and did join with our Brethren of England in their weakest and most necessitous Condition; so we shall never look for a Blessing from God upon either Nation, longer than they continue faithful to God and to each other, according to the Covenant and Treaty. And we do confidently expect from the Wisdom and Justice of the Honourable Houses, that this and such like Papers shall find no more Credit here, than Papers and Declarations against themselves did formerly find in Scotland; and that Declarations and publick Papers from the Kingdom 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 do we doubt but God will dissipated all these Clouds of Calumnies and Misunderstandings endeavoured thereby, and will give such a Frame of Spirit to both Nations, as may continue them in a brotherly Accord, and mutual Confidence, for the Good both of this and of the succeeding Generations, which hath been, is, and shall be most earnestly wished, and faithfully endeavoured by
Your very Affectionate Friends, and Humble Servants,
- Charles Erskine,
- Hen. Kennedy,
- Robert Barclay.
Worcester-House the 8th of June, 1646.
We 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 whom any just Complaints have been made by the Country.
But before this, his Majesty sent the following Messages.
His Majesty's Message to the Two Houses, after his coming to the Scots Army, May 18.
His Majesty having understood from both his Houses of Parliament, That it was not safe for him to come to London (whither he had purposed to repair, if so he might, by their Advice, to do whatsoever may be best for the Good and Peace of both Kingdoms) until he shall first give his Consent to such Proportions as were to be presented to him from them; and being certainly informed, that the Armies were marching so fast up to Oxford, as made that no fit Place for Treating, did resolve to withdraw himself hither, only to secure his own Person, and with no Intention to continue this War any longer, or to make any Division between his Two Kingdoms; but to give such Contentment to both, as (by the Blessing of God) he might see a happy and well-grounded Peace, thereby to bring Prosperity to these Kingdoms, answerable to the best Times of his Progenitors.
And since the settling of Religion ought to be the chiefest Care of all Counsels, his Majesty most earnestly and heartily recommends to his Two Houses of Parliament, all the Ways and Means possible for speedy finishing this pious and necessary Work ; and particularly that they take the Advice of the Divines of both Kingdoms, assembled at Westminster.
Likewise concerning the Militia of England, for securing his People against all Pretensions of Danger, his Majesty is pleased to have it settled as was offered at the Treaty at Uxbridge; all the Persons being to be named for that Trust by the Two Houses of the Parliament of England for the Space of Seven Years; and after the Expiration of that Term, that it be regulated, as shall be agreed upon by his Majesty and his Two Houses of Parliament.
And the like for the Kingdom of Scotland.
Concerning the Wars in Ireland, his Majesty will do whatsoever is possible for him, to give full Satisfaction therein.
And if these be not Satisfactory, his Majesty then desires that all such of the Propositions as are already agreed upon by both Kingdoms, may be speedily sent unto him; his Majesty being resolved to comply with his Parliament in everything that shall be for the Happiness of his Subjects, and for the removing of all unhappy Differences, which have produced so many sad Effects.
His Majesty having made these Offers, he will neither question the thankful Acceptation of them ; nor doth he doubt but that his Two Kingdoms
will be careful to maintain him in his Honour, and in his just and lawful Rights, which is the only way to make a happy Composure of these unnatural Divisions: And likewise will think upon a solid Way of conserving the Peace between the Two Kingdoms for time to come; and will take a speedy Course for easing and quieting his afflicted People, by satisfying the Publick Debts, by disbanding of all Armies, and whatsoever shall be judged conducible to that End; that so all Hindrances being removed, he may return to his Parliament with mutual Comfort.
Southwell, May 18, 1646.
His Majesty being desirous to shun the farther Effusion of Blood, and to evidence his real Intentions to Peace, is willing that his Forces in and about Oxford be disbanded, and the Fortifications of the City dismantled, they receiving Honourable Conditions; which being granted to the Town and Forces there, his Majesty will give the like Order to the rest of the Garrisons.
The King's Letter to the City of London from New castle, May 19.
Right Trusty and Well-beloved, we greet you well. Having expressed our Resolution to the Two Houses of our Parliament of Scotland, to give all just Satisfaction to the joint Desires of both Kingdoms, we have now likewise thought fit to assure the Two Chief Cities of both our Kingdoms, That nothing is more grievous to us than the Trouble and Distractions of our People; and that nothing on Earth is more desired by us, than that in Religion and Peace, with all the comfortable Fruits of both, they may henceforth live under us in all Godliness and Honesty. And this Profession we make for no other End, but that you may know immediately from ourselves our Integrity and full Resolution to comply with our Parliaments in every thing for settling Truth and Peace, and our desire to have all Things speedily concluded, which shall be found requisite for that End: That our Return to that our ancient City may be to the Satisfaction of our Parliament, the good Liking of you and all our good People, and to our own greater Joy and Comfort. We bid you heartily farewell.
From Newcastle, the19th of May, 1646.
To our Right Trusty and Well-beloved, the Lord-
Mayor, Aldermen, and Common-Council of our City of London.
The King's Message to both Houses from Newcastle, June 10. 1646.
His Majesty looking with Grief of Heart upon the sad Sufferings of his People in his Three Kingdoms For some Years past, and being afflicted with their Distresses, and unquiet Condition, through the Distractions about Religion, the keeping of Forces on foot in the Field and Garrisons, the not Satisfying of Publick Debts, and the Fears of the farther Effusion of Blood by the continuance of an unnatural War in any of these Kingdoms, or by rending and dividing these Kingdoms, so happily united; and having sent a gracious Message unto both Houses of Parliament, and the Commissioners of the Parliament of Scotland, expressing the necessary Causes of his coming from Oxford unto the Scotish Army (without any Intention to make a Division) where he is in Freedom and right Capacity to settle a true Peace, and containing such Offers as he conceived would have been accepted, with a general Clause of complying with their Desires: And being impatient of Delays, and not acquainted with the Particulars which may give Contentment to them, his Majesty doth earnestly desire, that the Propositions of Peace so often promised, and so much expected, may be speedily sent unto him; that upon Consideration of them, he may apply himself to give such Satisfaction as may be the Foundation of a firm Peace. And for the better and more speedy attaining thereunto, his Majesty doth further propound, That he may come to London with Safety, Freedom, and Honour, where he resolves to comply with his Houses of Parliament in every thing which may be most for the Good of his Subjects, and perfect what remains for settling both Kingdoms and People in an happy Condition: being likewise most confident, that they according to
their reiterated Declarations, and solemn Protestations, will be zealous in the Maintenance of his Honour, and just and lawful Rights. And as his Majesty desires the Houses of Parliament to disburden the Kingdom of all Forces and Garrisons in their Power, except such as before these unhappy Times have been maintained for the necessary Defence and Safety of this Kingdom; so he is willing forthwith to disband all his Forces and Garrisons within the same, as the inclosed Order herewith sent will evidence. And if upon these Offers his Majesty shall have such Satisfaction, as he may be confident a firm Peace shall ensue thereon, his Majesty will then give Order for his Son the Prince his present Return.
Newcastle, the 10th of June, 1646.
His Majesty's Warrant to Sir Tho. Glenham, &c. to Surrender their Garrisons, June 10, 1646.
To our Trusty and Well-beloved, Sir Tho. Glenham, Sir Tho. Tildesley, Col. H. Washington, Col. Tho. Blagge, Governors of our Cities and Towns of Oxford, Litchfield, Worcester, and Wallingford, and all other Commanders of any Towns, Castles, and Forts, in our Kingdom of England.
Having resolved to comply with the Desires of our Parliament in every thing which may be for the Good of our Subjects, and leave no Means unessay'd for removing all Differences amongst us: Therefore we have thought fit, the more to evidence the Reality of our Intentions of settling an happy and firm Peace, to require you, upon Honourable Terms, to quit those Towns, Castles, and Forts intrusted to you by us, and to disband all the Forces under your several Commands.
Newcastle, the 10th of June, 1646.