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A78053 A brief declaration of the severall passages in the treaty concerning the surrender of the garrison of Lundy, formerly commanded by Tho. Bushell Esq; Governour thereof for His Maiestie. Die Sabbathi 10. Julii 1647. Ordered by the Lords and Commons assembled in Parliament, that upon the delivery up of the Isle of Lundy to the Lord Vicount Say and Seal, or his assignes, by Mr. Tho. Bushell, the delinquencie of the said Tho. Bushell be taken off, and all sequestration in respect thereof be discharged, and he and his assignes restored to all such rites as he or they had or ought to have in the mines in Devonshire, Wales, and Cornewall, and to all his other estates and rights whatsoever, and that the men that were with him in the island, being not souldiers of estate and fortune, be pardoned and freed from delinquencie. H. Elsing. Cler. Par. Dom. Com. Bushell, Thomas, 1594-1674.; England and Wales. Parliament. 1648 (1648) Wing B6240; Thomason E433_24; ESTC R206206 16,344 27

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care to Answer thy trust We at first reposed in thee now since the place is unconsiderable in it self and yet may be of great advantages unto you in respect of your Mines We do hereby give you leave to use your discretion in it with this Caution that you do take example from Our selves and be not over-credilous of vain promises which hath made Us great only in our sufferings and will not discharge your debts From Newcastle 14. Iuly 1646. May it please your Honours HAving received your curteous Order of Treaty concerning my surrender of Lundy inclosed in a Letter from his Excellency Sir Tho Fairfax by the hands of his Drummer I held it an obligation of my duty to dispatch my friend and kinsman unto your Honours for the conclusion of the business but instead of an expected reply I was resummoned by Captain Crouther the Vice-Admirall as also my servants hath been since apprehended and imprisoned as Traytors against the State which in its self I value not but as it concerns your Honours and his Excellencie Sir Tho. Fairfax who assured me the safety of my own person much more my servant for if these be the fruits of your Honourable favors or the Parliaments peace with me who ever honour them next to my master I shall henceforward give no credence to man but will prepare my self for what condition the Almighty shall dispose me in being confident of a happy issue having never wronged any in these times of publique Rapine where commands are now only sought either to betray or oppress the Country in which catalogue I assure your Honors my name shall never be found for if your patience will not give me leave to part fairely with Lundy and at once to express my fidelity to my master and my respects to your Honours the world shall then see at how cheap a rate I value my life or fortune when they stand in competition with my trust and therefore I hope your Honours wisdoms will advise of some Nobler way then in time of Treaty and compliance to surprize so mean an encounter as me and my poor family which covets to remain Your humble Servant Lundy 14. Iune 1646. For the Honourable Committee of both Kingdoms May it please your Excellencie I Have taken the boldness to vindicate your Honour the Vice-Admirals Summons and preserve a right understanding of the proposed Treaty to me from the Honorable Committee of both Kingdoms concerning my surrender of Lundy that their Pious Order nor your good intentions according to the Noble presidents of your other actions may not be blasted by the errors of others ends unless they can assure their rough proceedings to cary a palm of victorie in their hands with less prejudice then your wisdoms hath prescribed the way for Sir your humble servant T. B. Lundy 14. June 1646. For his Excellencie Sir Tho. Fairfax My Honoured Lord I Have received you Noble Letter the 20. of June and likewise an Order from the Honorable Committee of both Kingdomes the 12 of April the which in obedience thereunto and for preserving my loyall duty to the King my master I did then speedily return the inclosed Letter by my friend and kinsman for setling of the business in such a way as I conceive might not infringe my fidelity to his Majesties trust nor in conclusion be wanting of my gratitude to your Lordship Be pleased therefore to have but a little patience that I may perform the same Justice to your Honour as I would have done to my self without any prejudice to your Lordship or repentance to your Servant and the harvest shall be such as your posterity may have just cause to bear in memory my integrity to your Honour and my demeanor to my country For having received a second Letter from your Lordship that his Majesties pleasure is to command all garrisons should be surrendred upon Honourable tearms it were an ignoble Act in me to keep away the inheritance from him that I am so much obliged to Honour as your Lordship and therefore that your own conscience might witness how desirous my affection is to obey your Honours commands I am willing to discend to the lowest condition of Honourable tearms that can be admitted by the Laws of morality reason or religion which is in a word to have but my poor estate as well restored me for the payment of my just debts with an Act of Oblivion for my servants as I have been carefull to preserve your Honours Isle at my own charge without doing the least injury to any and for the same purpose I have recōmended the overture of my humble demands to the Honourable Court of Parliament by one Mr. Squire who was sent to me from the Honoured Committee of Devon to Treat upon the like tearms which makes me the more assured of a happy issue knowing their Piety my own innocency and your Lordships inclination to Justice I remain My Lord Your Honours obliged Servant T. B. Lundy 28. June 1646. For the Right Honourable the Lord Viscount Say and Seal Mr. Bushels demands to the Honourable Committee of both Kingdoms upon their Treaty for his surrendring Lundy THat having on his part obtained his Majesties consent for delivering up the Isle into the Honourable hands of the right owner with the consideration of his severall losses by Sea and land and his great charges in the fortification thereof to preserve a retired condition so that it fears no enemy was by himself humbly desired but to have an Act of Oblivion for his servants and his own Estate restored him towards the payment of his just debts and following his publike calling in Minerals as also their Honorable countenance so far as they finde his actioas correspondent for the good of the Common wealth viz. His severall grants of the Mines Mint and customs of Lead with his goods and Estate at Enston to be restored him and confirmed in Parliament As also 100 Tuns of his own Lead and 100 Tuns of Potters Ore to be brought from his Mines in Wales to Bydeford for the better discharge of his debts in Devon and recovering the deserted works of his Mines at Commartin before he surrender the Isle of Lundy with such priviledges for his Miners and the said Parish of Commartin where the Mines Royall is found as the Laws of other Nations allow in cases of like nature SIR IT did much astonish my understanding to hear that the Honourable house of Parliament should in their wisdoms distribute those Mines of Wales to my enemies when their better judgment can well remember my chargable adventures grew so great as my undertakings were pitied by my friends and insulted over by men more willing to condemn then to examine untill the disposer of all things had repleated my indeavors with the gift of his providence As likewise the heavy burden of their displeasures in besieging me and my poor family at sea and barring all commerce from me by land knowing
A brief DECLARATION OF THE Severall passages in the Treaty concerning the Surrender of the Garrison OF LVNDY Formerly Commanded by Tho. Bushell Esq Governour thereof for His MAIESTIE Die Sabbathi 10. Julii 1647. Ordered by the Lords and Commons assembled in Parliament That upon the delivery up of the Isle of Lundy to the Lord Vicount Say and Seal or his Assignes by Mr. Tho. Bushell the Delinquencie of the said Tho. Bushell be taken off and all sequestration in respect thereof be discharged And he and his assignes restored to all such rites as he or they had or ought to have in the Mines in Devonshire Wales and Cornewall and to all his other estates and rights whatsoever And that the men that were with him in the Island being not Souldiers of estate and fortune be pardoned and freed from delinquencie H. Elsing Cler. Par. Dom. Com. LONDON Printed in the Yeer 164● SIR IT may be called a happinesse when an ingagement in a hopelesse design is not beyond the possibility of a retreate and an opportunity with Honour to draw back may not then in prudence be slighted Sir I conceive it is your case and some hints received gives me to believe that you will not be so mindlesse of yours and the Kingdoms condition as not seriously to consult with your reason how to mannage a safe retreate since it is every way probable that going on is unavoidably destructive Besides how can those parts and ingenuities that I hear do lodge in your breast but insatiably thirst after the good and honour of this Nation and can you imagine any other way under God that it may be procured but by a Parliament Me thinks such motives from within your self should stir you to yield a willing and ready submission to that supream power the glory of this Nation in which the King is necessarily included Neither can you forget what former ingagements that Noble Lord that is concerned in the place you hold hath put upon you in the businesse of your Mines and now you have an opportunity at once to congratulate him for ancient favours and to ingage him to new of the like kinde which if you would on your part surrender him but his own it would be by him so deeply resented that I am confident upon good grounds you might expect from him the utmost that in honour and honesty he could do for you both in making up your breach with the Parliament and for the procurement of your Mines and Customes Sir Omit not this opportunity the Summer is now drawing on and then you may well imagine that your condition will be lower and your tearms if any harder If you will be pleased to afford me an answer you may direct it to my Garrison of Swanzey where saving my fidelity to the Cause I shall be ready to the utmost to expresse my self Sir Your humble Servant Phil. Jones Swanzey Jan. 12. 1645. For Tho. Bushell Esquire Governour of Lundy SIR YOurs of the 12. of Jan. I received the 16. of March the substance of which I confesse to be good counsell and true except in your too full expressions of what I cannot pretend to my abilities but concerning that Honourable person you mention to whom for his particular obligations I shall ever endeavour to expresse my self a thankfull acknowledger And I hope his Lordship entertains so charitable an opinion of me that it never entred my thoughts to make use of his Lordships Isle either to his dislike or prejudice which I protest I only adventured on to prevent a worse Inhabitant and to make use of its conveniency for my poor affairs in the Mines I undertook to discover at Commartin for the generall good which I have better hopes in and shall account richer because they were setled to me in Parliament by his Honours favour and withall the retirement of this place as a means to disingage the obligations of my friends the only earthly riches I aym at Now Sir to vindicate my self to you to whom I desire I were better known the bearer having so fully acquainted me with your worth I have sent you the Copy of a Letter which not long since I wrote to Mr. Goodier of Heathrop in Oxfordshire and Mr. James Ingram of the Fleet who are well known to my Lord about an exchange of some Lands I have in those parts for this place which lyeth near his Lordship but for those conditions you mention when his Honour clerly understands the sincerity of of my heart I am confident there will be no dispute between us it being a place of such privacy as my disposition is well known to affect had not the troubles of these unhappy times made me more in love with so that should his Lordship through any mans suggestion and misunderstanding of my innocent intention be invited to a rough proceeding with me his Lordship may perchance sacrifice a true servant but one who will never expresse himself an enemy for I am resolved to leave the place to his Majesty who first intrusted me with it rather then enjoy it without his Honours consent and so remaining Sir Your humble Servant T. B. Lundy 19 March 1645. My dear Friends ALthough the distractions of these times have many wayes added to my melancholly yet me thinks I suffer in nought so much as in that they permitted me not to see you nor to give you an account of my proceedings in the hopefull Mines of Commartin which I doubt not with my Customs will soon put me in a condition to requite all courtesies of a fruitfull gratitude especially if you can treate with my Lord Say for this Isle of Lundy which place though in it self is desolate and stormy and hath nought to invite an Inhabitant except one of my temper who therefore loves it because it seems of kin to the Isle I lived in before as also in regard it lies convenient for our Mines at Commartin I do therefore again desire you to take the first opportunity to acquaint my Lord Say that if any thing I have in Oxfordshire may better please him then this remote Rock let his Honour make his own conditions and I will stand to them although it proves of a greater value I remain Your Servant T. B. Lundy 19 Feb. 1645. For his honoured Friends James Ingram and Edmond Goodier Esq SIR In consideration you live on an Island where you may not have the certainty of what God in his goodnesse hath done for Englands well affected ones I being by the High Court of Parliament placed Vice-Admirall of these Seas have thought it fit to send you these Summons and that God may as well touch your heart as he hath done many other of your side I thought needfull to declare to you that not only all the West except some 5 places are come in obedience to the Parliament but almost all England as by the inclosed list of victories doth appear to God be the glory And that happily
trespassing of any by land or sea were it to the losse of their lives this integrity of theirs and the honesty of the Governour as also his publique imployment in Minerals for the Common good being confirmed by the Countrey makes me humbly present their names here under-written as Officers and souldiers of the last Garrison and men that have done the least of injuries notwithstanding their sad condition which I wish for the president of others they may be lookt upon as the best of enemies that have Conditions from the Honourable Parliament and your Excellency I remaine Your devoted Servant Richard Finnes Lundy the 24 th Feb. 1647. A List of those mens names which I found upon the ISLAND Tho. Bushell Esq Governor Mr. Rich. Cock Lieut. Gover. Capt. Edward Owen Major Rich. Pomeroy Lieute Oliver Bouck Rich. Kynsam William Gilbert Gunne●● John Scott Gunne●● John Trout William Skinner Daniel Hanger Tho. Brayley Henry Battee James Bonden Samuel Shortridge Jo. Wheeler Jo. Thorne Geo. Gilbert Rich. Harris William Matheage Rich. Chi●ge Fra. Hobbs Richard Finnes Copia vera May it please your Excellency THe King my Master having cōmanded me to restore the Honourable Lord Say his Isle of Lundy upon sight of his Lordships Letter to me directed the 16th of Feh 1646. and the Conditions propounded by your Excellency with a wish from His Majesty that would to God every man had his own and then he should have some thing which hath made me surrender the said Isle with all the Alacratie and freenesse to that noble Gentleman Mr. Richard Fiennes according to your Excellencies Commands as by his letter here inclosed doth appeare which makes me now descend into the bowels of the earth for discovering Minerall treasures that by it through Gods providence I might have hope to redeeme my late losses by sea and land as none others should have share in the sufferings but your servant upon confidence that your Excellency will free my servants imployed in so publique a work for the common good from pressing according to the intention true meaning of the Honourable Ordinance of both Houses The obligation whereof bindes me not only to follow this harmles calling for the Cōmon good but esteem your Excellencies piety for preserving the poor Mariner from the rapine of an ill natur'd Commander in the time of civill warres as the greatest benefactour that I seeke from the bounty of mortall man all which I humbly submit to your Excellencies Noblenesse and rest Your obliged Servant T. B. Comartyn 11. March 1647. WHereas I formerly sent a safe conduct to Tho. Bushell Esquier to come and treate with Lord Uicount Say and Seale or my Self abut the Surrender of the Isle of Lundy And the two Houses of Parliament Ordered that upon the delivery of the said Island the delinquency of the said Mr. Bushell and the souldiers upon the said Island shall be taken off and he restored to his Estate with the Mines in Wales Devon and Cornwall And whereas I understand that he hath so farre proceeded in the. Treaty with the Lord Say concerning it that he is now ready to go to Lundy and deliver up the same so soone as the Lord Say shall appoint any person to whose hands the custody thereof shall be committed but proposes he may have his freedome till he can recover the possession of his Estate restored to him by Parliament I conceiving it very reasonable that he should have some time to settle his Estate and being not willing to agree to such an uncertain limitation of time as is proposed have for the reasons aforesaid and for that his civill carriage and endeavours to advance the publique are certified from the countrey agreed to grant the same for the space of six monthes And therefore do hereby give free liberty to the said Thomas Bushell to passe to the said Isle of Lundy and to returne to London or continue there or in other parts of this Kingdome free from any arrests suits or molestation whatsoever for the space of six monthes to begin and commence from the time of the surrender of the said Isle or to go beyond the seas if he shall think fit so to do And all Justices of the peace Maiors Sheriffs Bayliffs officers souldiers and other persons whatsoever whom it may concerne are to take notice hereof and conforme accordingly as they will answer the contrary at a Councell of warre Fairfax Given under my Hand and Seale the 30th of October 1647. At my Quarters at Turneham Greene. Die Sabathi 10. Julii 1647. ORdered by the Lords and Commons assembled in Parliament That upon the delivery up of the Isle of Lundy to the Lord Viscout Say and Seal or his assignes by Mr. Thomas Bushell the Delinquency of the said Thomas Bushell be taken off and all sequestration in respect thereof be discharged And he and his assignes restored to all such rights as he or they had or ought to have in the Mynes in Devonshire Wales and Cornwall and to all his other Estates and Rights whatsoever And that the men that were with him in the Island being not souldiers of estate and fortune be pardoned and freed from delinquency H. Elsing Cler. Par. Dom. Com.
that my conscience witnesseth I ever Honoured them next to my master nor never injured any in these times of Common Rapine without it were in my humble requesting the restitution of my poor fortune for the payment of my just debts or the freedom of my servants to work in the said Mines whilest I Petition Heaven for a further discoverie of his mercies towards me in this my retirement to the naked promontory of Lundy the considerations whereof hath so redoubled my griefs that if I had not made a resignation of my sufferings in soul body estate to the eternal Divine power of Justice for contemning the revenge of injustice my disposition of humane patience would have been transported into weak passions followed the instructions of those who advised me to take goods at sea unless I were restored my right at land but such Counsellors are fit for war and not for peace for Heathens not for Christians when the remedy is worse then the disease and therefore you may be confident Sir the lowest condition of misery shall not inforce me to an act of violating that moral and Divine Law do as you would be done unto which hath made me deposite double the value in your masters hands I. C. for what commodities my constrained necessity compels me to borrow from your ship called the Fortune This being the occasion and true state of my condition I hope your charity will judge friendly of him who covets to requite such a christian-like curtesie T. B. Lundy 20 September 1646. For the Master of the Barque called the Fortune SIR GIve me leave lovingly to question your judgement for omiting this fair opportunity in making up your breach with the Parliament since all other garrisons are surrendred except yours of Lundy which is generally conceived will no ways advance the Kings cause as things now stands nor your credit to keep the Isle from the right owner but be certain to increase yours and my sufferings that is deeply ingaged for you wherefore I hope your prudent care and profest honesty will look as well upon your friends misery as altogether the service of his Majesty not leave me to the mercy of an enemy nor your self exposed to the trophy of their pity when it now remains in your power to remedy the one and come off with Honourable tearms in the other knowing by Proclamation your past and present Actions is charged as the greatest crimes and to those that shall relieve you conceived as Traytors against the State for your forwardnesse in recruiting his Majesties Army with a thousand Miners at his first entrance to these wars clothing his souldiers supplying his Magazine with Ammunition of Lead and bringing your Mint from the Castle of Aberistwith to pay them as also disobeying their severall Summons by Sea and Land for surrendring Lundy These with many other accusations if not timely prevented will I fear fall fatall upon your life and fortune which God in his good time avert shall be the daily prayers of Your faithfull friend J. J. 20. August 1646. Mr. Bushels Answer to a friends Letter which by way of Admonition threatneth his life and fortune SIR TO prevent your fears and seeming jealousies of my proceedings I have not only sent your deep ingagements canselled as an affection I bear to friendship but likewise my innocent answer and resolution here inclosed of those pretended crimes laid to my charge in the lining of your Letter being confident it will satisfie the moderate hearers if not aggravate by malevolent spirits whose envy I so much contemn as were my person upon the Scaffold of execution I should signifie the same expression and pitty their judgements that have surrendred those strong garrisons of the Kings or were not forward to maintain the Royalty of his Majesties legall Rights in regard I fear the honour fidelity of our English people to their Soveraign Prince will thereby be called in question and through their own transgression be punished by another Nation which is the only cause I ingenuously professe makes me covet to maintain the place at my own charge rather then be in the List of so prodigious a Story to future posterity without any disrespect to the Honourable Owner whom I am obliged to honour in a fruitfull gratitude next to my Master Thus is the condition and intention of your servant that conceives it more secure in point of morality reason and religion to pay my tribute debt due to nature for performing the commands of my just Prince then live to enjoy any earthly content with a guilty conscience by betraying the trust of Gods Anointed and therefore to deny the truth of my actions were to deny my Master which for replication to your objection I shall reduce the reasons that induced me to it as I must give an account at the high Tribunall That my complyance to serve his Majesty was not out of an ill respect to the Honourable Parliament but as a loyall duty to my Masters Commands and in a confident hope to ballance the breach between King and Parliament as no forc't power should not be able to take away the Regality of his Soveraign Rights nor his Prerogative trench any more upon the priviledge of his native Subjects being his sworn servant before the wars and I conceive permitted by the Parliaments Honourable Order to attend his person whose Mint is well known to the meanest man that it was his Majesties and therefore in me double ungratefull if I had not restored it disobedient if not obeyed his Commands for conducting his Miners or unworthy of ever farming his Mines Royall if refused him a parcell of his own Lead for his mony being then at the Parliaments pleasure to command the like and for my retirement to Lundy it is well known the occasion was my affection to solitude the pressing of my Miners at Commartin as also to prevent an ill Inhabitant which should have prejudiced the Kings cause the Countries traffick and surprize the honourable Owner from his purchased right but to demean my self so therein as my conscience might not accuse me of an unjust act during the Government nor the adjacent Countries be charged with the maintenance And for clothing the Kings Army I am confident the Common-wealth will receive as much benefit thereby as my service therein hath done his Majesty for having the Customes of Lead assigned me in satisfaction of my great disbursements it obligeth my diligence the more to discover new Mines and recover the old when I have no other hopes of re-imbursing my ingagements but by increasing the staple commodity of Lead which is as well known to the generall State much decayed as my particular adventures can witnesse to the world my discovery Besides sir your better judgement may well conceive others would have undertaken the service and not be so carefull of surprising plundered Clothes from the unruly souldiers with buying it again to the full value of the