This Day in History: 1648-11-07

On 7th November 1648, a Council of War at Pontefract Castle determined:

7th die Novembr’ 1648
By Col: Marris Governor & Presidt., Jo: Dygby Kt., Hugh Cartwright Kt., Col: Washington, Mr Roger Portington, Col: Wheatley, Col: Portington, Lt. Co. : Ashton, Mr Thimelby, Mr Bently, Mr Rearesbie, Capt. Wm Paulden, Capt. Benson, Capt. Wentworth, Capt. Ashbie, Capt. Marris.
It was debated whether the Garrison of Newhall bee tenible, or noe, being putt to Vote it was carried in the negative, and it was further Ordered that it bee sett on fire, and made vnserviceable for the enimie and that this night followeing Mr Thimelby stay in the house wth sixteene or twenty souldjers : that Col: Wheatley draw forth the rest to Monke-hill ; and if there bee any app’ache of the enemie that they draw off to this Garrison.
First. That ye Governor wth all other ye Ofiicers, Soldiers. Gentlemen & there servants and all others wthin this Castle haue passes wth free liberty to march away wth there horses pistolls & swords wth Bagg & Baggage to there severall habitations, there to remaine wth protections & freed from all Oaths & Covenants which they shall conceave contrary to their Consciences.
2 That the Governor, Officers, Soldiers, Gentlemen or any others belonging to this Castle shall not bee sued or molested either att ye Common law, Civill or Marti all Law for any Acts or words said or donne vnto any person or persons in relation to these vnhappy differences since the year 1641.
3 That ye Governor, Officers, Soldiers, Gentlemen or others beelonging to this Castle shall not bee sequestred in there lands or goods, and yt if any of them bee sequestred yt ye sequestration bee taken of imiately vpon ye Surrender of this Castle.
4 That ye Governor, Officers, Soldiers, Gentlemen or any others beelonging to this Castle vpon any of there desiers shall haue liberty wth passes to goe beyond the seas, and to take wth them, if yt please, there wifes & children and there owne goods anytime wthin six monethes after the rendeldo’ of this Castle.
5 That all Officers & Soldiers beelonging to this Castle vpon the delivering vp of there armes shall receave a moneths pay to beare there charges home or els to haue free quarter by ye way, and yt noe foote bee compelled to march aboue 8 miles in one day in his iorney.

6 That all wounded or sick person who are not able to march, haue quarters assigned to them, wth allowance for maintenance of free quarter vntil they shalbee able to march and then to have passes wth mony of free quarter in there iorney as in the former Article.
7 That ye Governor’s wife wth his children & family, wth all other gent’women, women, children & weak person haue passes to goe to there severall habitations wth there Baggs & Bayggage the day beefore the rendition of the Castle and yt they haue a convoy appointed y’em to secure there passage home.
8 That all prisoners on Pomphrett or els wheare taken since this seege for any thing in relation to this garrison shalbe sett att liberty vpon the rendition thereof and haue the benifitt of these articles.
9 That vpon Complaint made to a major General Lambert hee is to take order that restituition & satisfaction bee made to any person damnified or prediudiced contrary to ye true intent & meang of these Articles. And if ye breach of any Article bee laid vpon the person or persons offending and not imputed to there whole party.
10 That every Townsman of Pontefract or other Gent: or Contriman may haue leave the day before the rendition of ye Castle, to come to, receave there bedding or any other there goods in ye Castle and yt yy may take the same away.
12 That hereupon the Castle of Pomphrett wth all ye Cannon, Armes, Ammunitions together wth all other ye provisions bee delivered to Maior Generall Lambert or to such as ye Parlament or hee shall appoint att or vpon the feast of St John Baptist comonly called Midsomener day next, if in ye meane time wee bee not released by an Army.