into the fire these bloody and mysterious Volumes of constructive and arbitrary Treason as the Primitive Christians did their Books of curious Arts and betake your selves to the plain Letter of the Law and Statute that telleth us what is and what is not Treason without being more ambitious to be more learned in the Art of Killing than our Fore-fathers It is now full two hundred and fourty years since any man was touched for this alleaged Crime to this height before my self Let us not awaken these sleeping Lions to our destructions by taking up a few musty Records that have lain by the walls so many Ages forgotten or neglected May your Lordships please not to add this to my other Misfortunes let not a President be derived from me so disadvantageous as this will be in the Consequence to the whole Kingdom Do not through me wound the Interest of the Common-wealth and howsoever these Gentlemen say they speak for the Common-wealth yet in this particular I indeed speak for and shew the Inconveniences and mischiefs that will fall upon it For as it is said in the Statute 1 H. 4. No man will know what to do or say for fear of such Penalties Do not put my Lords such Difficulties upon Ministers of State that men of VVisdom of Honour and of Fortune may not with chearfulness and safety be imployed for the Publick if you weigh and measure them by Grains and Scruples the publick Affairs of the Kingdom will lie wast no man will meddle with them who hath any thing to lose My Lords I have troubled you longer than I should have done were it not for the Interest of these dear Pledges a Saint in Heaven hath left me At this word he stopt awhile letting fall some tears at her Memory then he went on What I forfeit my self is nothing but that my Indiscretion should extend to my Posterity woundeth me to the very Soul You will pardon my Infirmity something I should have added but am not able therefore let it pass And now my Lords for my self I have been by the blessing of Almighty God taught That the afflictions of this present life are not to be compared to the eternal weight of glory which shall be revealed hereafter And so my Lords even so with all tranquility of mind I freely submit my self to your Judgment and whether that Judgment be of Life or Death Te Deum landamus Certainly never any Man acted such a part on such a Theatre with more Wisdome Constancy and Eloquence with greater Reason Judgment and Temper and with a better Grace in all his Words and Gestures than this great and excellent Person did and he moved the hearts of all his Auditors some few excepted to remorse and pity After he had done Pym and Glyn endeavoured to aggravate his Offences and so both Houses rose The Commons thought fit to justifie their Charge by Law to be Treason To which effect Mr. St. John one of the Committee made an elaborate and learned Argument It was insisted upon amongst many other things That in the Stat. 25 E. 3. the Index of Treason is a Salvo that because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason in time to come should be punished as Treason April 17. The Point in Law was argued for the Earl by Mr. Lane the Princes Attorney Mr. Loe Mr. Gardiner and Mr. Lightfoot were also present of his Councel Mr. Lane argued upon the Statute 25 E. 3. That it was a declarative Law not to be extended by Equity Consequence or Construction but by the express Letter only and being a Penal Law admitted no Inferences Penalties being to enforce obedience to known Laws not to doubtful or conjectural As to the Salvo he said That 6 H. 8. 4. a Petition was preferred by the Lords to have all Treasons limited by Statute and in that Parliament Chap. 20. an Act was made whereby that Salvo in 25 E. 3. was repealed and nothing to be Treason but what was literally comprehended in the Statute 25 E. 3. After this a Bill was brought into the House of Commons to attaint the Earl of high Treason upon Debate whereof they voted him guilty of high Treason And 19. April upon the Ingrossment of the Bill it endured a sharp Debate The Lord Digby and divers others appearing eminently for the Earl against the Bill but upon division of the House the Bill was passed yet there were fifty nine Dissenters This was 21. April and the same Afternoon it was sent up to the Lords April 24. The Lords were put in mind to appoint a Day for the reading of the Bill of Attainder and 29. April Mr. St. John by command of the House of Commons in the presence of the Lord Strafford offered to the Lords Reasons and Authorities to satisfie them and to justifie the Bill by Law The House of Commons in the mean time petitioned the King 1. For removing Papists from Court. 2. For disarming of them generally 3. For disbanding the Irish Army To which the King gave Answer 1. That all knew the legal trust the Crown had in that particular that he would use it so as not to give just cause of scandal 2. He was content it should be done by Law 3. Vpon Consultation he found many Difficulties therein and so wished the Disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English May 1. The King called both Houses of Parliament together and did passionately desire of them not to proceed severely against the Earl whom he answered for as to most of the main particulars of the Charge against him tells them that in Conscience he cannot condemn the Earl of high Treason and that neither fear nor any other respect should make him go against his Conscience But for Misdemeanours he is so clear in them that he thinks the Earl not fit hereafter to serve him or the Commonwealth in any place of trust no not so much as a Constable May 2 d The Marriage was solemnized at Court between the young Prince of Orange and the Princess Mary the King's Daughter This day being Sunday from some Pulpits it was preached to the People the necessity of Justice upon some great Delinquents now to be acted And the next Morning May 3. a Rabble of about six thousand out of the City came thronging down to Westminster with Swords Cudgels and Staves crying out for Justice against the Earl of Strafford pretending decay of Trade and want of Bread They applyed themselves to the Earl of Mont-gomery who gave them good words and endeavoured to pacific them which is the best way in popular Tumults and yet this Multitude were very rude with some of the Lords and they posted up at Westminster the Names of all those Members of the House of Commons who had Voted for the Earl and
himself The Scots generally took it except Hamilton and some three other Lords and the Estates ordered it to be taken by all men on pein of confiscation whereof they gave notice by their Letters to the Parliament of England The Houses in answer to the Prince de Harecourt declared their good acceptance of the affection of the King and Queen regent of France in their offer of a mediation of a Peace and that as soon as the Prince should make it appear that the Propositions were by authority from the King and Queen regent of France the Parliament will give such an answer as may stand with the interest of both Kingdoms and with the Solemn League and Covenant A Party from the Garrison of Poole under Captain Laye went by Water to Warham seven miles from them whereof the enemy having an alarm laid Ambuscadoes in the Hedges in the way from the landing place to the Town but Laye commanded his men it being in the Night to keep their Matches close so that the enemy could not see where to shoot at them But the Party of Poole entred Warham in two places and came into the midst of the Town where their Garrison was drawn up together who after one good volley of shot threw down their Arms and fled away Those of Poole took about 200 Prisoners much arms cloth and provisions and so returned The King's Officers having caused divers of the Parliament to be hanged for Spies as one poor man by Prince Rupert's order upon the great Elm near the Bell in Henly and many others Now the Council of War at Essex-house condemned two for Spies who brought a Proclamation and Letters from Oxford to London which were taken about them and they were both hang'd The Judges and Officers were commanded by the Parliament not to adjourn the Term by colour of any Writs or Proclamations from Oxford without order of the Parliament The Commons pressed the Lords for dispatch of the business of the Great Seal and the Earl of Rutland named for one of the Commissioners desired to be excused as not understanding the Law nor the Oath to be taken by them The Castle of Flint was besieged by Sir William Brereton and Sir Thomas Middleton the Governour of it for the King held it out till all provisions even to Horses failing him he then rendred it upon honourable terms Then the Parliament forces took in Mostynhouse belonging to Colonel Mostyn the Governour of Flint and in Mostyn they took 4 pieces of Ordnance and some Arms. This Colonel Mostyn was a Gentleman of good parts and mettle of a very ancient family large possessions and great interest in that Countrey so that in twelve hours he raised 1500 men for the King and was well beloved there living very nobly Ships were sent to relieve Plymouth and secure Milford Haven and to watch the coming over of any of the Irish Rebels The Earl of Rutland was excused from being one of the Commissioners of the Great Seal and the Earl of Kent named in his place Some of Sir Ralph Hopton's forces drove a party of Sir William Waller's Horse into Farnham but Waller drew his party into the Castle they being inferiour in number to Sir Ralph Hopton's party The Great Seal was carried up by the Speaker of the House of Commons the whole House attending him and delivered to the Speaker of the Lords House who in the presence of both Houses delivered it to the Commissioners and they all took their Oaths and then carried it to Mr. Brown's House the Clerk of the Parliament where it was put into a Chest with three different Locks not to be opened but when three of the Commissioners were present The Earl of Warwick was voted Lord High Admiral of England and an Ordinance passed that all who would set forth Private Men of War should have all Ships and Goods they could take which were employed against the Parliament or for supply of the Irish Rebels Sir Peter Osborn Governour of Jersey delivered it up to Sir John Pennington for the King A Regiment of the Irish Forces landed about Mostyn in Flintshire for the King's service Colonel Hastings marching to relieve Fulbury Castle held for the King was by the way set upon by the Moore-landers who routed his Troups killed 100 of them took about 150 Horse 100 Arms and many Prisoners The Commons thought not fit to treat further with Monsieur de Harecourt untill he shewed that he was Embassadour extraordinary from France and that he would direct his Papers to one of the Speakers The Estates of Scotland by Letters informed the Parliament of England of a French Agent who had been with them to propound their desisting from giving any assistance to the Parliament of England but the Scots justified to him their proceedings The Scots declared the Lords Hamilton Morton Roxborough and Lonmerick to be publick enemies and seised their Estates because they came not in to take the Covenant The King's Forces took Arundel Castle and fortified there Divers Forces from Ireland landed in Wales and the Lord Byron went to joyn with them Sir Walter Earle was made Lieutenant of the Ordnance in the place of Mr. Pym deceased The Garrison at Plymouth gave a brush to the King's forces besieging them Sir William Waller set upon the Lord Craford's forces in Aulton routed them and took about a thousand Prisoners Arms and rich Booties Colonel Morley beat back the Lord Hopton's forces advancing to take Lewys in Sussex Mr. Walter Long was by the House appointed Register of the Chancery Dr. Burges by motion from the Militia of London is made Lecturer at Pauls with 400 l. per annum salary out of Deans and Chapters lands A Letter of thanks was sent to Sir William Waller from the House for his good service at Aulton Mr. Lenthall Speaker was sworn Master of the Rolls before the Lords and he and the Commissioners of the Great Seal took the Oaths of Supremacy and Allegeance in the Lords house they also took the Oath for observation of the Act for the Triennial Parliament The Rebels in Ireland proposed to the Council there 1. To have confirmed to them the free exercise of their Religion 2. That all Laws there against Papists may be repealed 3. That all Lands there belonging to Religion Houses may be restored 4. That their Popish Bishops and Hierarchy may be confirmed 5. That the English Protestants may pay tithes to the Popish Priests These things were after the cessation of Arms in Ireland Colonel Norton in Hampshire routed four Troups of Colonel Bennet's Horse and took about 200 of them The Earls of Northumberland Pembroke Salisbury and divers Members of the House of Commons were indicted of High Treason at Salisbury for assisting the Parliament before Judge Heath Banks Forster and Glanvile but they could not perswade the Jury to find the Bill The Commons ordered a Committee to draw up an Impeachment of
the Trustees for sale of Bishops Lands to put their Powers in Execution for speedy bringing in of Moneys due upon contracts with them as well against Members of the House as others The Commitees to sequester those in default and divers Orders made to remove obstructions in the sale of deans and Chapters Lands 21 Mr. Lenthall the Speakers son re-admitted to sit in the House Letters that Ormond was come up with 12000. into the quarters of Dublyn That Divers from the Town ran away to him That C. Jones and C. Monke were preparing to march out to him 22 A report from the Councel of State that before the house do Adjorn it will be fit that these Acts be passed by them viz. All General Acts concerning Monies for settling the Militia For Prohibiting the exportation of Wool and Fullers Earth To Prohibit the Exportation of Gold and Silver For Punishing revolted Sea Men and for investing the Judge of the Admiralty with his Power For Relieving well Affected Tenants against their oppressing Land-Lords For Suppressing all Scandalous and Malignant Pamphlets and the Authors and Printers of them and to Prevent as much as may be Printing For Punishing Licentiousness and Abuses in Pulpits For repealing the Clause in the Stat. 35 El. concerning Sectaries For a General Pardon For relieving Poor Prisoners for Debt For securing the Soldiers Arrears For Probate of Wills Granting Administrations and investing Ministers in Livings The Councel further reported divers things to be prepared during the recesse of the House for their debate at their next Meeting viz. An Act for taking away Tithes and for setling another maintenance for the Ministers concerning future Parliaments For Regulating Proceedings at Law and what Lawes are fit to be repealed The House appointed a day to take these matters into consideration The Commission to Lieutenant General Cromwell to command in chief the Forces in Ireland was read in Latin and in English and approved and ordered to Passe the Great Seal to be in Force for 3 years And the Civill and Military Power to be in him for that time An Act Passed for Making Robert Bernard Esq Judge of the Isle of Ely Order for the Painted Chamber to be Prepared and hanged for the Commissioners of Articles to sit there An Act Passed for Stating the accounts of all Officers and Souldiers A Proclamation by the General forbiding Souldiers to put their Horses into Mowing Grounds 23 Upon consideration that the Mony was very little that yet came in by Sale of Deans and Chapters Lands ordered that the Officers and Souldiers whose Accounts are audited may double their areares for Purchase of those Lands The desires of the Earl of Denbigh touching his Arreares for his Ambassy into Italy and other Arears referred to the Commitee of the Revenue Referred to a Commitee to consider of C. Henry Martin's Losses and of his Arrears and how they may be satisfied 25 The Petitions of the Earl of Rutland and of the Leadminers referred to Judges of the Northern Circuit An Act Past for holding the Assizes for Lancashire in Lancaster Castle The next Winters Guard for the Seas approved off The extraordinary charges of Lieutenant General Cromwell for his journey into Ireland referred to a Commitee to consider and report Referred to a Commitee to select the Acts fit to be past before the adjournment of the house and what matters to be debated during the recesse The Lord Grey's Disbursments and Arrears referred to a Commitee how he may be satisfied An Act for making a Judge of the Admirality and Cinque-Ports rejected An Act past giving Power to the Councel of State to grant Letters of Marque and Reprisal An Aditional Act past for incouragement of Purchasers of Deans and Chapters Lands Letters from C. Blake and C. Deane Generals at Sea that they are again before King-Sale that P. Rupert and Maurice are there and have gotten 400 Sea-men from Waterford that Ormonds Army is 14000. A Paper of requests delivered to Lieutenant General Cromwell for Recruits and Supplyes for Sir Charles Cootes Forces in the North of Ireland that they being 3 Regiments of Horse and 3 of Foot have had but 8 Moneths Pay in 8 Years and a Peck of Oatmeale a Weeke And that Sir Charles Coot may be relieved Letters that C. Jones was Marched out of Dublyn with 4000 Foot and 1000 Horse upon Ormonds drawing near to the Town but that Ormond being with in 5 Miles of him Jones retreated to secure Dublyn Letters from Scotland that their King had parted with Montrosse had consented to the Covenant and to the desires of the Kirke and to confirm what was done by his Fathers Authority and by the Parlement of Scotland since and that shortly they expect their King with them 26 The Act for relief of Creditors and touching prisoners recommitted A proposal by Sir Paul Pindar and the rest of the old Commissioners for the Customes to advance 100000 for the Parlement if they might be secured a debt of 300000 owing to them by the late King was laid aside A report for Papists who had not been in Armes to be admitted to compound was laid Captain Young spoyled a Ship in Helford sluce in Holland being ready to set Sail for the P. And took a Frigot belonging to the P. with 70 Prisoners and 10 pieces of Ordinance in her and a Corn Ship Letters that Captain Peacock upon discovery of 2 Corn Ships taken by one of the P's Vessels recovered both the Ships and brought them to Harbour And took one of the P's men of War and another Ship taken with 11 Guns and Ammunition Letters that the P. was at Bruxels and at a stand what to do because the Levellers in England were reduced that he was expected shortly to be in France Letters that a Frigot of Sir John Greenivile Governour of Scilly with 2 Brasse Guns 24 Muskets and 24 Oares made for Pyracy coming near Swansy the Governour of Cardiffe sent out Boats pursued the frigot from Creek to Creek and at length took her and all her Men except the Captain and some few with him who got on shoar and fled away 27 Letters from C. Jones of his March out of Dublin and after some Skirmishes his retreat being so much overpowred and desires relief Other Letters of C. Jones his March and that thereby he much streightened the Enemies Quarters and made a very honorable retreat and in all demeaned himself with great Valour and Wisdom Order touching 350000 l. upon the Sale of Bishops Lands Order concerning Compositions and the Accounts of Gold Smiths Hall 28 Upon a report of Mr. Salwey further time given for compositions of Delinquents Adjutant General Sadler went to Chester to transport 3 Regiments for Ireland Forces about Pontfract disbanded and many of them listed for Ireland Letters that Prince Charles was highly entertained at Antwerp at the cost of the Burghers 29 The Petition of the Earl of Denbigh for Arreares referred to a new
shall be left by the party acusing in writing under his hand with the party accused or in his absence at his house in the County City or Town for which he shall be chosen if he have any such house or if not with the Sheriff of the County if he be chosen for a County or with the Chief Magistrate of the City or Borough of which he is chosen And that the number of persons to be Elected and chosen to Sit and serve in Parliament for ENGLAND SCOTLAND and IRELAND and the distribution of the persons so chosen within the Counties Cities and Boroughs of them respectively may be according to such proportions as sholl be agreed upon and Declared in this present Parliament V That your Highness will consent That none be called to Sit and Vote in the other House but such as are not disabled but qualified according to the Qualifications mentioned in the former Article being such as shall be nominated by your Highness and approved by this House and that they exceed not Seventy in number nor be under the number of Forty whereof the Quorum to be One and twenty who shall not give any Vote by Proxies and that as any of them do dye or be Legally removed no new ones be admitted to Sit and Vote in their rooms but by consent of the House it self That the other House do not proceed in any Civil Causes except in Writs of Error in Cases adjourned from Inferior Courts into the Parliament for difficulty in Cases of Petitions against Proceedings in Courts ef Equity and in Cases of the Priviledges of their own House That they do not proceed in any Criminal Causes whatsoever against any person criminally but upon an Impeachment ef the Commons assembled in Parliament and by their consent That they do not proceed in any Cause either Civil or Criminal but according to the known Laws of the Land and the due course and Custom of Parliament That no final Determinations or Judgments be by any Members of that House in any Cause there depending either Civil Criminal or Mixt as Commissioners or Delegates to be nominated by that House But all such final Determinations and Judgments to be by the House it self Any Law or Vsage to the contrary notwithstanding VI. That in all other particulars which concern the calling and holding of Parliaments your Highness will be pleased That the Laws and Statutes of the Land be observed and kept and that no Laws be Altered and Suspended Abrogated or Repealed or new Law made but by Act of Parliament VII And to the end there may be a constant Revenue for Support of the Government and for the Safety and Defence of these Nations by Sea and Land We declare our willingness to Settle forthwith a Yearly Revenue of Thirteen hundred thousand Pounds whereof Ten hundred thousand Pounds for the Navy and Army and Three hundred thousand pounds for the Support of the Government and no part thereof to be raised by a Land Tax And this not to be altered without the consent of the Three Estates in Parliament And to grant such other Temporary Supplies according as the Commons Assembled in Parliament shall from time to time adjudge the necessities of these Nations to require And do pray Your Highness That it be Declared and Enacted That no Charge be laid nor no person be compelled to contribute to any Gift Loan Benevolence Tax Tallage Aid or other like Charge without common consent by Act of Parliament which is a Freedom the People of these Nations ought by the Laws to Inherit VIII That none may be added or admitted to the Privy Council of your Highness or Successors but such as are of known Piety and undoubted affection to the Rights of these Nations and a just Christian Liberty in matters of Religion nor without consent of the Council to be afterwards approved by both Houses of Parliament and shall not afterwards be removed but by consent of Parliament but may in the Intervals of Parliament be suspended from the Exercise of his Place by your Highness or your Successors and the Council for just cause and that the number of the Council shall not be above One and twenty whereof the Quorum to be Seven and not under As also that after Your Highness death the Commander in Chief under Your Successors of such Army or Armies as shall be necessary to be kept in England Scotland or Ireland as also all such Field-Officers at Land or Generals at Sea which after that time shall be newly made and Constituted by Your Successors be by consent of the Council and not otherwise And that the standing Forces of this Commonwealth shall be disposed of by the Chief Magistrate by consent of both Houses of Parliament sitting the Parliament and in the Intervals of Parliament by the Chief Magistrate by the Advice of the Council And also that your Highness and Successors will be pleased to Exercise your Government over these Nations by the Advice of your Council IX And that the Chancellor Keeper or Commissioners of the Great Seal of England the Treasurer or Commissioners of the Treasury there the Admiral the Chief Governour of Ireland the Chancellor Keeper or Commissioners of the Great Seal of Ireland the Chief Justices of both the Benches and the Chief Baron in England and Ireland the Commander in Chief of the Forces in Scotland and such Officers of State there as by Act of Parliament in Scotland are to be approved by Parliament and the Judges in Scotland hereafter to be made shall be approved of by both Houses of Parliament X And whereas your Highness out of your zeal to the glory of God and the propagation of the Gospel of the Lord Jesus Christ hath been pleased to encourage a Godly Ministry in these Nations We earnestly desire that such as do openly revile them or their Assemblies or disturb them in the Worship or Service of God to the dishonour of God scandal of good men or breach of the peace may be punished according to Law And where the Laws are defective that your Highness will give consent to such Laws as shall be made in that behalf XI That the true Protestant Christian Religion as it is contained in the holy Scriptures of the Old and New Testament and no other be held forth and asserted for the publique profession of these Nations And that a Confession of Faith to be agreed by your Highness and the Parliament according to the Rule and Warrant of the Sciptures be asserted held forth and recommended to the people of these Nations That none may be suffered or permitted by opprobrious Words or Writing maliciously or contemptuously to Revile or Reproach the Confession of Faith to be agreed upon as aforesaid And such who profess Faith in God the Father and in Jesus Christ his Eternal Son the true God and in the Holy Spirit God coequal with the Father and the Son one God blessed for ever and do acknowlege the
besides those killed in the other part of the Town and many of them wounded that Sir William Campion Col. Cooke two Majors and other Officers were slain many of Quality wounded and many of the Trained Bands whom the General released They say that Colonel Farre Lieutenant Colonel to the Earl of Warwick led them out into the field and into Mr. Grimston's house and when he and the men fled being galled by the Parliaments Musquetiers he got to the gate and caused it to be shut and left his men to be cut in pieces by the Parliament Souldiers if they had not been more merciful That the General closely beleaguers the Town his train being come up to him but intends if possible to preserve the Town from fire and plunder That Sir Bern. Scudamore Colonel Stewart and Colonel Thorneton were taken at New-market raising sorces for the King That the Trumpet sent by the General into the Town to see in what condition Sir William Masham and the other Gentlemen Prisoners there were returned that they were in a reasonable good condition That Captain Zanchy who took in Marsey Fort and Island found there two Culverins two Sacres and one Drake and that Captain Peacock and the Commander of the Ships at Harwich offered their assistance to the General Order for raising two Troops of Horse in Northamptonshire and for money for the Army Order about setling Ministers in particular Parishes and for reviving the Committee of Examinations with power to suppress scandalous and unlicensed Pamphlets 17. Debate that every officer before he had his Commission should take the Covenant laid aside A Commission to Colonel Herbert to raise Forces for the Isle of Ely Vote for a Strong Summers Fleet for defence of the Kingdom and to reduce the revolted Ships and a gratuity to be given to the Officers and Mariners of the Fleet. Orders about levying the Assessments for the Army Letters of the General summoning Colchester to render to the Parliament and that the Lord Goring asked the Trumpet who brought the Summons how his General did and bid him tell his General that he heard he was ill of the Gout but that Goring would cure him of all diseases that the Soudiers were highly inraged at this scoff to their General The Lord Goring Lord Capel and Sir Charles Lucas sent to the General for a List of the Prisoners he had taken of their party and the General sent it to them 19. Order for Sir Hardress Waller to permit no new forces to be raised in Devonshire and Cornwal but to make use of the Trained-bands there if there shall be occasion Debate about breaking the Chamber of M r Charleton a member of the House and taking away a Ward from thence the affront referred to a Committee the matter of the Ward referred to the Law Vote to readmit M r Walter Long a Member of the House The Case of Sir John Clotworthy referred to the Committee of Priviledges to examin The County and the City of Chester raised Forces for the Parliament and desired that Captain Carter might command those of the City which the House granted A Letter sent to old Sir Robert Booth inviting him to raise Forces for the King was by him sent up to the Parliament and they referred it to a Committee Referred to a Committee to examin some Mariners upon suspicion of plotting against the Parliament A battery being made against Pembroke Castle an assault was attempted but the Parliament Forces were repulsed with the loss of three and twenty men and but four of the Garrison Letters from Colchester that a Party of three hundred Horse issued out of the Town and returned with forty Head of Cattle and a hundred Sheep and were not met with by the Parliaments Forces sent after them That Lieutenant General Cromwell hath planted his Cannon and intended the next day to begin his battery Letters from the North that Langdale marching towards Carlisle Lambert fell upon his Rear into the quarters of a Regiment newly raised which he totally dispersed and brake that the Officers fled after Langdale and the Souldiers threw down their Armes and ran home seeming glad of the opportunity That Lamberts men pursued another Party of Langdale's and took some Prisoners that Carlisle was unwilling to receive Langdale's Forces saying they would rather lose their lives than be forced to eat Horse Flesh as they had been before Letters from Scotland that an Army will be forthwith raised there that Duke Hamilton goes along General and hath already Six thousand Horse Foot and Dragoons that Middleton is Major General of the Foot and the Earl of Kalender Lieutenant General of the Horse That their Parliament have adjourned for two years and left a great power to the Committee who act vigorously for the War so that the Chancellor the Lord Wareston and others have left them and are gone to the Earl of Argile That an Act is passed for punishing all such as preach or write or speak against any thing done by the Parliament or by any authority derived from them that Holborne is gone with a thousand Horse to fetch in the Earl of Argile and his Party 20. Both Houses reciting former Votes passed 20 Maii 1642 viz. 1. That it appears that the King seduced by wicked Counsel intends to make War against the Parliament who in all their Consultations and Actions have proposed no other end to themselves but the care of the Kingdoms and the performance of all duty and Loyalty to his person 2. That whensoever the King maketh War upon the Parliament it is a breach of the trust reposed in him by his People contrary to his Oath and tending to the dissolution of this Government 3. That whosoever shall serve and assist him in such wars are Traytors by the fundamental Laws of this Kingdom and have been so adjudged by two Acts of Parliament and ought to suffer as Traytors 11 R. 2. 1 H. 4. The Lords and Commons now Declare that it appears that divers who have assisted the King in the late War against the Parliament and divers others endeavour to levy a new War against the Parliament That all such are Traytors by the fundamental Laws of this Kingdom and have been so adjudged by the said two Acts of Parliament And they ordered that these Votes be printed and published by the Sheriffs in every Market Town and by the Judges in their Circuits An Ordinance passed to establish Colonel Welden Governor of Plymouth and a hundred Pounds orderd him to buy Horses Orders for raising Forces in Nottinghamshire and Lincolnshire and that the Militia of Lancashire present to the General a fit person to be Governor of Leverpool Colonel Ralph Ashton approved to command the Lancashire Brigade to joyn with Major General Lambert Colonell Russell ordered to go to his Government in Jersey Letters from Lieutennnt General Cromwell That the Garrison of Pembroke begin to be in extream want of
had power to do it and secured him by a party of his Forces that he was ordered to be banished by Parliament paying one hundred thousand pound for his Delinquency 27. The House sate not The Earl of Holland was brought to the High Court and the Charge of High Treason read against him and aggravated by the Sollicitor General that the Earl was an eminent Courtier and probably did ill Offices and perswaded the King to go from the Parliament and went afterwards himself to Oxford That he returned from thence had his Sequestration taken off that he published a Declaration promising in the word of a Gentleman and a Christian that he would stand by the Parliament he took the Negative Oath and the Covenant Yet the last Year he ingaged and probably contriv'd the insurrection wherein the Duke of Bucks and his Brother and others were drawn in and he boasted that he should shortly be twelve thousand strong and master the Parliament and restore the King The Earl pleaded that his fact was not Capital but Criminal that he had quarter given him when he was taken at St. Needs and that both Houses had past an Order since for his banishment the which excused the aggravations especially in his last Action Letters that a Peace was confirmed by Articles between Ormond and the Catholick Party in Ireland and a Proclamation by Ormond for all to obey it Letters from Scotland that the Messengers from their Parliament were come to the King that the Scots Parliament made a Law that Adultery should be punished by Death 28. The Monthly Fast Order for a day of publick humiliation through out the Kingdom A Committee appointed to bring in an Act to take away the Monthly Fasts and to have Fast-daies Ordered as there shall be particular occasion A Committee to draw up a new Oath instead of that of Supremacy to be taken by Papists The Scots Commissioners being apprehended at Gravesend referred to the Council of State to send them to Scotland with a guard by Land and that they write a Letter to the Parliament of Scotland of their late carriage and to know how far that Parliament will owne the same An Act passed giving power to any ten of the Common Council of London to call a Court and forty Members to be a Common Council in case the Lord Mayor and Aldermen refuse An Act past for disabling the Malignant Magistracy of Norwich March 1648. 1. The House sate not The Council of state made several Orders in relation to the Navy and that the Committee of the Army do certify to them the arrears of the Army and what proceedings have been about setling their Debenters Upon a Petition of the Countess of Holland to the High Court and proof of the Earls being very sick the Court gave him further time to answer The Council of the Army passed a Petition to present to the House and the General presented to them a Letter subscribed by eight Troupers of several Regiments and delivered to him The effect of it was to assert the Souldiers right to Petition without their Officers consent and it was high against the Council of State and High Court. This was ill resented by the Officers and each of them present by the poll disavowed and disapproved the Letter as tending to divide and disunite the Army five of the eight Troupers were committed till they should be cleared by a Court Martial 2. Colonel Whaley and divers other Officers of the Army presented a Letter from the General with a Petition from the General Council of the Army to which the General concurred Their desires were 1. That Free quarter be forthwith totally taken away 2. For provision for constant pay of the Army 3. For Receivers to account 4. Abuses of Clipt money to be redressed 5. Souldiers accounts to be stated and Debenters given out 6. Security for them by Deans and Chapters lands or otherwise 7. For satisfaction for Souldiers Horses slain or lost in Fight 8. For Maintenance for maimed Souldiers and Widows of Souldiers 9. For relief of Ireland 10. For the supply of the Irish Officers come from Inchequin c. Order that these matters be taken into consideration and thanks returned to the Petitioners Referred to the Council of State to consider what Forces are fit to be maintained in this Kingdom and in Ireland and to bring in an estimate that the House may make an establishment for all Order for recruits of Horse according to the Petition Referred to the Council of State to consider what is fit for the House to do at present concerning Ireland Referred to a Committee to consider of the Standard in the old Palace and of taking it down and selling it Order for Sir George Ascue to command as Admiral of the Irish Seas and for several others to be Commanders of Ships Order for two hundred pound for the Irish Officers An Act past concerning Sequestred Estates in the Northern Counties to be sold for ease of the People Referred to the Committee of the Army to remove the obstructions in stating the Souldiers accounts An Act read and committed for bringing receivers c. to account 3. The Earl of Holland before the High Court pleaded the same plea he had done before of free quarter given him and witnesses were examined on both sides he desired Council but it was denyed The Earl of Cambridge made an additional defence not much varying from what he had said before in answer whereunto the Council of the Common-Wealth did speake five or six hours Four of the eight Troupers who presented the Petition to the General and General Council were brought and tryed before the Court Martial and the Paper delivered by them to the General was adjudged by the Court to be scandalous to the Parliament the Council of State the High Court of Justice and tending to divide the Army Upon the fifth Article of War against reproachful and scandalous words and actions the Court Martial sentenced these four Troupers to ride the Horse with their Faces to the tayl their swords to be broken over their heads and to be cashiered the Army 5. Upon a Report from the Council of State an estimate was made by them of the Charge of all Forces in Field and Garrison in England and Ireland to be one hundred and sixty thousand pound per mensem Order for an Act to be brought in thereupon An Act passed to impower the Commissioners of the Navy to execute Martial Law An Act read to abolish Kingly government Order for the Council of State to consider of increase of allowance for incouragment to such Officers of the Fleet as shall deliver back their Charges without imbezlement of the stores or other abuses to the State Referred to the Commissioners of the Admiralty to provide a Convoy and Ship of War for the Prince Elector and his retinue Sir John
Pawlets composition at three thousand seven hundred and sixty pound allowed and four thousand and two hundred pound for the Lord Pawlet An Act for a new Seal for the Courts of Wales and for Powell Eltonhead Parker and Clerk to be Judges there Letters from Scotland that the Parliament resolved to raise an Army of seventeen thousand Foot and six thousand Horse against the Sectarian Army in England in prosecution of the Covenant they having a report that an Army of English was upon their Borders That Colonel Monroe and Colonel Fizen with a party of Horse and Foot in the Northern parts of Scotland having Declared for King Charles II. taken Enderness and increased to four thousand the Scots Parliament repealed their votes of raising an Army against England and Ordered Forces against Monroe and his Party Pontefract desired a Treaty and were full of sickness in the Garrison 6. Report from the Council of State of forty thousand Horse and Foot to be kept up in England and Ireland whereof twelve thousand for Ireland their pay to be eighty thousand pound per mensem and free-quarter to be taken off Mr. Cauton a London Minister in his Prayer before the Lord Mayor having prayed for Charles II. as lawful King referred to Mr. Steel and Mr. Coke to prosecute him in the Upper Bench for Treason upon the late Declaration Letters of proclaiming King Charles II. in Guernsey Island by Sir George Carteret Letters from Holland that the Ministers there in their Pulpits inveigh against the proceedings in England and Pray for King Charles II. Referred to the Council of State to consider what is fit to be done herein and to preserve a good correspondence betwixt the two Nations The Earl of Cambridge brought before the High Court and asked what he had further to say why sentence should not be pronounced against him spake to the same effect as formerly The Earl of Holland and Lord Goring extenuated what they could their Offences as being rash not much hurtful c. The Lord Capel briefly repeated what he had formerly said and further observed an Ordinance of Parliament That Quarter should not be given to Irish Rebels for life which implyed that quarter given to others should be inviolable for life Sir John Owen pleaded quarter The President in his Scarlet robes spake many hours in answer to the several pleas of the Prisoners and at last sentence was given against them all that their heads should be severed from their Bodies yet with relation to the Mercy of Parliament 7. Referred to a Committee to draw up an Act for taking off all priviledge from Noblemen and to make their persons as liable to Law as any Commoner An Act committed for taking away Kingly Government and another for dissolving the House of Peers The Earl of Warwick and the Countess of Holland presented a Petition for the life of the Earl of Holland and divers Ladies for the others against whom the High Court had pronounced sentence of Death After some hours Debate upon these Petitions the House resolved upon the Question not to proceed any further upon these Petitions but to leave them to the Justice of the Court that sentenced them Then the Ladies Petitioned the High Court who only reprieved the Execution for two daies 8. A New form for electing Members of the House assented to Order that the Council of State nor Committees do not sit after nine in the Morning when the House sits Orders for seventy thousand pound per mensem for the Forces in England and thirty thousand pound per mensem for the Forces in Ireland and for an Act for eighty thousand pound per mensem assessment for the Forces and free quarter to be taken off New Petitions of the condemned Lords and a Letter from the General touching their Articles and after a long Debate the Question was put of them severally and voted That the Lord Capel should not be reprieved And carried by one vote that the Lord Goring should be reprieved this one vote was the Speaker who carried the House being equally divided four and twenty of each part and he said he did it because he had formerly received some civilities from the Lord Goring and his single vote now saved his life The House was also divided upon the question whether the Earl of Holland should be reprieved or not and the Speaker gave his voice against him Thus the Lord Goring who had been no friend to the Religious party was saved and the Earl of Holland who had been a most civil person to all and a very great friend to the old Puritans and protected them in the time of his greatest interest by the same single Vote lost his life This may be a caution to us against the affectation of popularity when you see the issue of it in this Noble Gentleman who was as full of Generosity and Courtship to all Sorts of Persons and readiness to help the oppressed and to stand for the rights of the people as any person of his quality in this Nation Yet this person was by the Representatives of the people given up to execution for Treason and another Lord who never made profession of being a friend to liberty either Civil or Spiritual and exceeded the Earl as much in his Crimes as he came short of him in his popularity the life of this Lord was spared by the people The resolution touching Duke Hamiltons Reprieve past in the Negative and for Sir Jo. Owen in the Affirmative and these Votes ordered to be sent to the High Court of Justice 9. Amendments to an Act for provision for the Forces of England and Ireland assented to The House rose early being thin because of the execution of the Lords The Earl of Cambridge was brought to the Scaffold in the Palace-Yard at Westminster and after some discourse with Dr. Sibbalds a Minister that came with him he turned to the people and seeing them so great a multitude he said his voice would not serve for them to hear him and therefore directed his speech to those upon the Scaffold with him He confessed his Religion to be according to that of the Kirk of Scotland that he had ever been Loyal to the late King and wished well to his Posterity and that none more desired the peace and happiness of this and other Kingdoms than himself That his coming into England with the late Army was out of no Treasonable or ill intent but for the ends contained in the Scots Declaration and what he did was as a servant to that Parliament and Kingdom That in that imployment next to the setling of Religion the establishing the King was his greatest aim and he wished his blood in order to the Kingdom might be the last that should be spilt That if he would have confessed who invited the Scots Army into England it would probably have saved his life Then he made a short Prayer Dr. Sibbalds kneeling with
answer for the Life of Dr. Dorislaus The Parliaments Ships brought in Provisions to Dublin The Mutineers taken at Burford were by a Councel of War sentenced to die 19 Divers Delinquents complained of the greatness of their Fines and referred to the Committee of Goldsmiths-Hall Divers of the Mutineers at Burford were shot to death Tomsons Brother was penitent others dyed desperately Upon the penitence of them craving Mercy and acknowledging their Fault Cromwel brought them word from the General that only every 10th man should die Their chief Leader Tomson got Possession of Northampton and of the Ordnance Ammunition Provisions and Mony there with 2. Troops of Horse and some Levellers out of the Country came in to him 21 Letters from the General that Thomson being gone from Northampton to a Town near Wellingborow M. Butler was sent with a select Party of Horse to pursue him who fell into his Quarters and took his Men and Thompson himself escaped to a Wood Butler pursued beset the Wood and sent a Party into it where they found Thomson He was well mounted and though alone yet he desperately rode up to Butlers Party shot a Cornet and wounded another and then retreated to a Bush having received two Shots himself When the Party began again to draw near to him he charged again with his Pistol and received another Shot and retreated the third time he came up saying he scorned to take Quarter and then a Corporal with a Carabine charged with seven Bullets gave him his Deaths Wound that the Lieutenant of an Oxfordshire Troop was likewise slain Order for the Commissioners of the Seal to issue out Commissions of Oyer and Terminer to fit Persons in Oxfordshire and Northamptonshire for Tryal of the Persons taken in the late Rebellion Order that the Councel of State the Lord Major and the Justices of Peace and Officers of the Militia in London and Westminster do take care for appreh ending such as were in the late Rebellion and that the Attorney General prepare a Proclamation for the apprehending of them in the several Counties The Pension of 500 l. per annum to the Earl of Nottingham ordered to be continued and by the means of Sir Arthur Haselrigge and Whitelock the Countess his Wife had the other 500 l. per annum ordered for her An Act past for draining the great Level of the Fennes Salary of 4000 l. per annum to Dr. Gourdon as Master of the Mint A Declaration published of the Parliaments ill Resentment of the horrid Murder perpetrated on the Body of Isaac Dorislaus Dr. of the Laws their Resident at the Hague An Act published declaring and constituting the People of England to be a Commonwealth and Free State Letters from Scotland that Lieutenant General David Lesley defeated those in the North of Scotland for which a day of thanksgiving was appointed and for the General Deliverances and Successes expressed in a Declaration That a Plot of a new Rebellion and to kill the Marquess of Argyle and the L. Burlegh in St. Johns Town was discovered by one of their own Party and divers of the Conspirators taken and executed Letters from Portsmouth that the Levellers began to appear in those Parts and in Devonshire but the Army Soldiers whom they expected to joyn with them were readier to fight against them 22 Order for a Letter to be sent from this Parliament to the Parliament of Scotland for a right understanding and firm League and Amity between the two Nations and that Commissioners of both Parts may meet and treat for that purpose Referred to the Committee of the Army to prepare Copies of the Act touching free Quarter to be sent to every Regiment of the Army with a Letter to the General to cause it to be observed Order for the Committee of Haberdashers-Hall to have power to give Oaths to Witnesses and for an Act to impower all Committees to do the like Upon Mr. Mabbols Desire and Reasons against licencing of Books to be printed he was dicharged of that Imployment The General and Lieutenant General and other Officers of the Army were solemnly welcomed and highly feasted at Oxford and the Proctor Zanchey presented the General and Lieutenant General Drs. of Laws and other Officers Masters of Arts and divers learned and congratulatory Speeches were made to them by the Vice-Chancellor the Proctors and other Heads and Officers of the University 23 Several Votes of the Committee at Goldsmiths-Hall touching Delinquents and their Compositions confirmed by the House and ordered to be Printed Upon a Letter from the General for a Lecture to be set up in Oxford and for Dr. Renolds Mr. Carrol and Mr. Thomas Goodwyn to be Lecturers there referred to the Committtee of Oxford to have it done Visitors added for the University of Oxford Upon a Report from the Councel of State referred to them to take care for repairing the Castles of Sandown Deal and Wymere Some Mariners that revolted and since were taken by the Parliaments Ships were tryed by a Councel of Sea Officers and executed Letters from the Hague of great Preparations for the new King of Scotland to go to Sea that Montross is to go for Scotland and to have such Forces as Germany Sweden and Denmark afford 24 Upon the Desire of the Towns of Sarum Pool and the County of Devon who had advanced considerable Summs for the Parliament Order that they might double those Sums in the purchase of Deans and Chapters Lands Order for the D. of Glocester and the Lady Elizabeth the late Kings Children to be under the tuition of the Countess of Carlisle and 3000 l. per annum allowed for their Maintainance Order for Repayment of Mony lent by the City for carrying on the Treaty Order for 3 pence per pound Salary for the Trustees for sale of Bishops Lands Order that the Speaker writing to Forraign States should stile himself William Lental Speaker of the Parliament of England A Committee named to peruse the Orders of the House after they should be drawn up and to see that they should be rightly entred A Provost Marshal appointed with power to seize upon Malignants and disaffected Persons 26 The Act touching Debts debated and recommitted Order for Mony for poor Widdows and Wives of Soldiers Report by Lieutenant General Cromwel of the suppressing of the Levellers the House gave him their hearty thanks for that great Service and ordered one of thir Members to attend the General with the hearty thanks of the House for his great Service in that Business and ordered a general day of thanksgiving for that great Mercy 28 An Act passed for auditing the Accounts of the Soldiery and securing of their Arrears particular Care being had of those who shall go for Ireland The Act for giving Power to all Committees to give Oaths reported from the Committee and upon the Question rejected and an Act for continuance of the making of Salt-peter as formerly was rejected
Trooper according to the Sentence of the Councel of War was shot to death for killing one of his fellow Souldiers He discovered matters of concernment to Mr. Knight the Generals Chaplein who went with him to the Execution 19 C. Bampfield an Agent for Prince Charles and that had a hand in the escape of the Duke of York was apprehended and brought to Whitehall and examined by the Couucel of State and by them committed fo the Gate-house Letters from Guernsey complaining of the want of Ships for securing that Island and relating the French News From Dunstar Castle That Recruits for Ireland were raising there by Captain Desborough From Scarborough of a Vessel loaden with Corn from Jerzey forced in thither by Storm and secured by the Garrison From Plymouth an account of Recruits to be Shipped for Ireland From Berwick That notwithstanding the late Seizures and Confiscations of Corn carried by the Scots thither yet they were stil supplyed for their Money The Scots published a Proelamation for restraining the Exportation of Victual out of that Kingdom 20 Some Stage Players in St. John-Street were apprehended by Troupers their Cloaths taken away and themselves carried to Prison Several Returns were made of Subscriptions of Regiments and Garrisons to the Ingagement Letters from Rye of the dearness of Corn there it was desired to have a Magazine there because of the appearance in Arms in France 21 The General Councel of the Army made several Resolutions touching the Souldiers purchasing of the Kings Lands and sent Instructions about it to the several Regiments and Garrisons Letters from Plymouth of the Shipping from thence of Sir Hardress Waller with his Companies and other Recruits of Ireland all which went with great willingness From Ireland that the Lord Lieutenant was still before Waterford had Summoned them but they refused to surrender but the Inhabitants to saveingly comply their Estates which are very great would wil That Preparations were made to storm and 1200 Horse and Foot came from Cork to assist the Lord Lientenant that the Enemy avoided fighting as much as they could and gave out that the Prince would be shortly with them from Jersy 22 At Tyburn eighteen were executed for Robbery Burglary and Murder one Captain Reynolds who had been of the Kings Party as he was going to be turned off the Ladder with the Rope about his Neck cryed God bless King Charles Vive le Roy. The Commissioners for Articles gave Relief to Sir Allen Apsley Governour of Barnstable who was sued contrary to those Articles upon the Surrender of it The Cittizens at the choice of the new Common Councel Men elected Collonel Pride and Lieutenant Collonel Lilbourn to be two of the new Common Conncel Men. 24 The General and his Officers considered which Garrisons were sit to be reduced to case the Nation in point of charge Letters from Portland that C. Cox with his Men were under sail for Ireland with a fair Wind. From Newcastle that the Pyrats lay lurking up and down in those Seas and did great mischief That one of them went into the River Tees and took out of a Vessel as she lay on ground 200 Firkins of Butter and went on shore and took divers Gentlemen but being pursued by a Party of Foot from Hartlepoole they left the Gentle-men behind and got to their Ship From Edenburgh That the Scots will do nothing till they hear from the Lord of Libburton That Montross is expected in Scotland which bred a Jealousy in their Army which some would have purged That Montross by his Declaration threatens to invade the North Parts of Scotland and to be revenged for the Death of the King and layes it to their Charge that they have sold him From Hallifax That some of the Clergy tampered with the Souldiery not to subscribe to the present Government An Account from several places of the Souldiers signing the Ingagement but that divers Ministers refused to sign it 25 Christmas-day the House sate and Letters came from Chester That from the north of Ireland they understood that about 4000 Horse and Foot of the Enemy who came to relieve Carrickefergus were routed by Sir Charles Coot and C. Veneables That the Irish were commanded by Monroe the Lord of Ardes and the Earl of Claneboy that 1000 of them were killed and 500 Horse taken and but 200 of the Parliaments Forces did fight that Claneboy was slain or sunk in a Bog being corpulent and C. Montgomery and C. Hamilton taken Prisoners From Trym That Mr. Stanly with 40 Horse set upon 60 of the Enemy killed about 10 or 12 of them all Reformadoes took the L. C. that commanded them and one more and many Horse Other Letters of the defeating of the L. of Ardes Claneboy and Monroe by Sir Charles Coot and C. Vaneables that they took all their Arms Ammunition Bag and Baggage killed C. Henderson and 1400 more C. Hamilton and most of the Foot Officers That the Horsemen lost their Horses and betook themselves to Boggs That the English lost but one Corporal and three Souldiers 26 Other Letters confirming the Victory against the Lord of Ardes and the rest And that it was done by onely 200 Men who were sent out as a forelorn and fell upon the Rear of the Enemy who fell into disorder and were wholly routed by those 200 only 27 Letters from Hull that Montross was at Hambourgh bestirring himself to get Forces for Prince Charles but had little probability to get any considerable number or Assistance from the Emperour the King of Denmark or the Princes of Germany 28 Letters doubting that C. Cox and his Men in their Voyage for Ireland being dispersed by Storms and not heard of since may be in some danger The Act passed for taking the Ingagement by all Persons throughout the Kingdom with a Penalty upon the Refusers Those in Office or publick Imployment to loose their Offices others not to have the benefit of Law to sue in any Court The Act passed touching the rates npon the Excise increasing them to the intent to lessen the other Assessments The Act passed for continuing the Assessment of 90000 l. per mensem for six months for the Forces in England and Ireland An Act passed for the discharge of poor People out of Prison who are not able to give Satisfaction to their Creditors 29 The Messenger that brought the good News from Ireland had 100 l. given him by the House Upon a Petition of the Lord Mayor and Aldermen of London touching the late Election of Lieutenant Collonel Lilburn to be a Common Councel Man the House Voted his Election to be void according to a late Act disabling the Election of divers Persons into Offices within the City of London Lieutenant Collonel Lilbourn took the Ingagement with a Declaration of his own sense upon it Mr. Chetwyn who procured the Election of Lilburn to be a Common Councel
of the Peace 28 Letters That the Parts about Milford-Haven were infected with the Plague by the many Passengers that way from Ireland That the L. Deputy in his March to Athlowe received no interruption from the Enemy who lurk much in the woods and are relieved by the Countrey though they are commanded the contrary on pain of Death That the L. Deputy thereupon inclined to burn the Countrey as he Marched else there could be no end put to the War there 30 Letters That after 6 dayes stay at Edinburgh and Leith the G. with his Army with 7 days provisions marched to Netherish 6 Miles from Edenburgh That the G. came back that night to Leith being Saturday Sept. 14. That he made M. G. Overton Governour of Edinburgh with two Regiments and a Third Regiment at Leith Sunday The Army marched beyond Linlithgow towards Sterling but by reason of the great Rain and Storms retreated and quartered at Linlithgow That the G. sent a Summons to Falkirke who returned Answer That they were all Gentlemen in the Garrison and would all die before they would yield it up but if Sterling should be taken or yielded to him that then they would yield also and in the mean time would not interrupt his March That it was once resolved to march up to Sterling and Ladders and Preparations made to Storm it But upon consideration of the strength of the Place and Unseasonableness of the Weather and want of Provisions that purpose was altered That the G. sent a Trumpet with some Propositions to those in Sterling but they refused to receive the Letter or to let the Trumpet come in That afterwards a Trumpet came from Lieutenant G. David Lesley with a Letter to the G. for Exchange of Prisoners which he denied to receive That the G. gave orders for the fortifying of Linlithgow and he and the Army returned to Edenburgh where he kept a Day of Humiliation and the Kirk likewise appointed a Day of publick Humiliation The G. published a Proclamation for free and safe Trading by the Scots at Edenburgh who were not in Arms and liberty to sell their Commodities and to be free from violence of the Soldiery and to be protected in their habitations Sir John Gell was Sentenced by the High Court of Justice for Misprision of High Treason to forfeit his Estate and to be imprisoned during his Life Octob. 1650. 1 Several Votes passed touching the Compositions of Delinquents An Act passed for Relief of Religious and Peaceable People from the Rigour of former Acts of Parliament in Matters of Religion Vote to consider of publick Business only till Nov. next and all private Business excluded till then An Act committed touching doubling upon Sale of Deans and Chapters Lands A new raised Regiment in London under M. G. Harrison of 1660 and two more under M. G. Skippon and Alderman Tichborne of 2000 in each Regiment The Lady Elizabeth the late King's Daughter died in the Isle of Wight That a Parliament Frigot upon the Coast of Galitia fought with a Portugal Ship richly laden with Plate c. to the value of 100000 l. and after a stout Fight sunk her 2 Letters of 12 Sail of Jersey Ships taken by the Parliaments Frigots Capt. Ashley was Sentenced by the High Court of Justice to have his Head cut off and one Benson to be hanged for conspiring against the Commonwealth in the Treasonable Engagement of C. Andrewes 3 Letters that the D. of York was going from France to Holland and had borrowed of the D. of Orleance 5000 Pistols to bear his Charges 4 An Account of Recruits and Provisions shipped for Ireland Letters of the Militia under C. Pine at Taunton declaring their willingness to go into Scotland if required though the Ministers Preached against it Letters of the Scots raising new Forces and of the bitter Invectives of the Kirk against the English Army That they take the Countrey people by force out of their Beds and compel them to serve in their Army 5 Many persons well-affected to the Parliament having their Estates seized and themselves driven away from the Barbadoes came into England and upon their Petition to the Council of State and Conference with them by their Committee They Reported their Opinions to the Parliament That it was necessary to reduce those Islands and a Fleet to be sent thither for that purpose with Provisions for that purpose Which the House approved 7 Letters that the G. commanded all the Scots Boats and all other Boats that could be got in the Frith to be brought to Leith and Order was given for the springing of Mines for reducing of Edenburgh-Castle That the G. and his Officers met at the Great Church in Edenburgh on the Lords Day where many Scots were and expressed much Affection to the Doctrine Preached there That the G. employed some Scotch Miners against the Castle and his Soldiers came so near the Works of the Castle that they brought away one Colours and 300 Muskets and other Arms without loss That the Enemy with Granadoes fired two or three Houses near the Castle yet the Parliaments Souldiers entred one of them and got store of Arms and Ammunition there thought the Castle shot at them all the time That the Souldiers found in the High Church at Edenburgh much Arms and Ammunition Mr. Benson was Executed at Tyburne according to the Sentence of the High Court of Justice but in regard that Capt. Ashley only subscribed the Engagement but acted nothing in it he was pardoned by the Parliament 8 The Day of publick Thanksgiving for the Victory in Scotland The Act for prohibiting Trade with the Barbadoes Virginia c. Votes touching Compositions of Delinquents A Committee named to consider of former Laws touching the Poor and of a New Act to be made for the setting the Poor on work Several Majors of Corporations approved by the Parliament 9 Letters That the Tories in Ireland were got into Bodies That the Irish were spoiled by the English if they did not pay Contribution to them and if they did then the Tories and other Rebels did ruine their own Brothers and nearest Relations A Remonstrance Published by the Irish Clergy charging the present Government by the Marquess of Ormond and his Favourites with Treachery to the Nation 10 Letters That 500 Irish in Scilly had a Design to deliver it up to the Parliament Forces for which some of them were Executed 11 An Account to the Council of State of the Militia in Devon and other Parts raised to a considerable number and of the releasing of the Gentlemen secured upon their taking of the Engagement That the Grand Jury at the Sessions Presented a Petition to the Justices to be sent up to the Parliament That all the Proceedings in Law might be in English That the Ministers in those Parts are dissatisfied with every thing unless they may have Dominion and Lordly Power in effect
some discontent in Collonel Okey and his Party for chat the taking of General Leven and those with him was misrepresented to the Parliament and General and that right was not therein done to others as well as to Collonel Alured and his Party An Account from Hull of Recruits sent for Scotland 3. Letters That in Scotland they report the King to have entred London in Triumph and to be shortly Crowned and that Middleton was upon the Borders with 8000. That the Ministers gave Thanks in their Pulpits for the great Victory obtained by their Forces in England That they were confident that the Lord General went not about to Conquer Kingdoms to attain Titles or Territories to propagate his Praise or Promotion but the Publick Peace the Prosperity of the People and the Praise of God more than the Praise of Men. That the Soldiers seized a Man of War in the Harbour of Aberdeen That the Marquess of Huntley with 600 Horse and 1000 Foot was marched into the Highlands and that Balcarris had some Forces 4. Letters of four Soldiers in Scotland sentenced for robbing a Country-man of 7 l. to be led to the Gallows with Ropes about their Necks and there to have 30 Stripes and to be kept in Prison with Bread and Water till they had restored four Fold to the Country-man and asked him forgiveness on their Knees That Evandale Castle was surrendred upon Conditions and that divers Gentlemen returned to their Habitations about Lieth and ingaged to live quietly and submit to the Parliament of England 6. Letters That the Earl of Derby was tryed at a Court-Marshal at Chester at which were 20 Officers Captains and above that Degree five Collonels Major General Mitton and Collonel Mackworth the President That the Earl confessed the Plot for a General Rising of the Presbyterians in Lancashire to joyn with the King but it was disappointed by the apprehending of Mr. Birkenhead That Sir Tho. Tiddesly Major Ashurst and Major General Massey were principal Actors in that Conspiracy He confessed the matters of Treason charged against him and submitted to the mercy of Parliament And for Plea 1. He alledged he had Quarter given him and therefore was not to be tryed by a Court-Martial for Life but this was over-ruled by the Court. 2. He pleaded ignorance of the Act of Treason set forth by the Parliament which Plea was also over-ruled and the Court sentenced him to be beheaded for his Treasons at Bolton where he had killed a Man in cold Blood The Earl seemed very desirous of Life and petitioned the Lord General upon the Point of his having Quarter but had no relief from him The Court sentenced Sir Tho. Feverston to be beheaded for the same Treasons and Captain Benbow to be shot to death The Parliament ordered Dr. Drake and several Ministers and others to be tryed by the High Court of Justice for being Conspirators with Mr. Love Letters That the Lord Argyle was fortifying his House and other Places in Scotland and that the Lords and Gentlemen thereabouts came slocking home and were willing to close with England That the Remonstrants Kirk Party damned all that was done by the other Kirk Party who were for the King That Marquess Huntley was much disappointed by the Countries refusing to come in to him and that now they begin to fear that their Army in England is defeated 7. The Parliament ordered Three Regiments of Horse and Five Regiments of Foot and 30 single Companies to be disbanded for the ease of the Common-wealth and several Garrisons to be slighted The Committee for regulating the Law ordered to sit de die in diem An Act passed for the increase of Shipping and incouragement of the Navigation of this Nation 8. Letters That Captain Young who commanded the President Frigot coming to the Isle of Man summoned it for the Parliament but the Countess of Derby being there returned answer That she was to keep it by her Lords Command and without his Order she would not deliver it up being in duty bound to obey her Lords Commands 9. Orders of Parliament for disbanding several Regiments and Companies and some to be sent for Ireland and the Council of State to issue Warrants for Money for those disbanded and for pay of the Garrisons that are to be dismantled The Bill committed for setting a time for the ending of this Parliament and for calling a new one 10. Letters of difference between the Marquess Huntly and Argyle That the Pickeroons are busie upon the West of England and that one of Prince Ruperts Fleet that ran from him was come into Weymouth Harbour Letters of 1000 Scots Prisoners shipped out of Shrop-shire and of Collonel Cobbetts Regiment gone for Scotland Collonel Vaughan Dr. Drake and Captain Massey were tryed by the High Court of Justice for being in the Conspiracy with Mr. Love and they submitted to the mercy of Parliament 13. Letters That the Earl of Derby attempted to escape and was let down by a Rope from the Leads of his Chamber but some hearing a noise made after him and that he was re-taken upon Dee Bank He wrote a handsome passionate Letter to his Lady to comfort her and advised her as then matters stood to surrender the Isle of Man upon good Conditions Of divers Castles in Scotland surrendred to the Parliament of England and that their new Levies go on there very slowly 14. The Parliament sate in a Grand Committee about the Bill for putting a Period to this Parliament and appointing a new one and ordered to sit every day except Wednesdays for 14 days about this Bill Order for the Forces reduced out of the Garrisons to be put into Regiments and to march for Scotland and Ireland and the standing Army to be put into Garrisons 15. Several Petitions from Mr. Jenkins Mr. Case and others who were in the Conspiracy with Mr. Love by way of humble acknowledgement and submission The Parliament pardoned them all and ordered the Commissioners of the Great Seal to pass their Pardons 16. The Lord Major Aldermen and Common-Councel of London kept a special Thanksgiving-day for Gods Mercies to the Common-wealth and feasted at Guildhall Letters That divers Scots Ministers were permitted to meet at Edenburgh to keep a day of Humiliation as they pretended for their too much compliance with the King That the Northern Scots were got together 1800 but divided among themselves From Ireland That Collonel Zanchey took 30 Tories Prisoners and redeemed many English Prisoners and another Party took 60 more of the Tories That the Irish stormed and took Rosse but quitted it upon approach of the Parliaments Forces That they lost 20 Men and killed 15 of the Parliaments 17. Letters That Collonel Okey and three other Regiments quartering in the Country about Monrosse the Gentlemen finding that all their Provisions would be eaten up petitioned them to remove and ingaged to come in themselves and to
setling business there and taking off free quarter The Parliament approved the Articles of Rendition of Cornet Castle in Guernsey and of Elizabeth Castle in Jersey and ordered Sir Philip Carterets Lands to be restored to him accordingly That the Commissioners for compounding do send over some to sequester the Estates of those in Jersey which are to be sequestred and that 1000 l. which shall be raised thereof shall be given to those who were banished out of Jersey 5. Letters That Dunbarton Castle was surrendred upon Articles to Major-General Lambert 6. Referred to the Council of State to treat with the Dutch Ambassadors upon a Paper delivered in by them Upon a Report of a Paper given in to the Council of State by the Spanish Ambassador the Parliament referred it back to the Council and injoyned them to insist with the Ambassador for Justice for the Murder of Mr. Ayscham who was Agent there for the Parliament An Act passed appointing a Committee for the Army and Treasurers at War 8. Letters advising the Parliament to pass an Act of Oblivion and to take away Tithes c. 9. Letters That Collonel Venables attempted the reducing of Ballinacargy and beat down the Castle about the Enemies Ears but for want of Powder and Provisions he was forced to draw off Of the Streights Fleet going off from Pendennis That Captain Chapman maintained a gallant Fight with Three Ships from 11 at noon till night and sunk one of them and was much torn in the Fight and lost Three Men and Ten Wounded The Parliament debated again the Business of regulating the Law and Proceedings therein The Courts of Kings-Bench and Chancery were by order of the Parliament removed to one side of Westminster-hall 10. That Mr. Eliot was committed to New-gate Several Dutch Vessels seised upon by vertue of the late Act of Parliament upon report of the state of the Case of the East-land Merchants were ordered to be discharged 12. Letters of a great Meeting of the Ministers and Lay-men at Edenburgh and their Debates very high especially of the Kirk-men That a Dutch Ship was taken in the Frith loaden with Commodities not of her own growth contrary to the late Act and made Prize That a Moss-Trooper was sentenced by the Court-Marshal to be whipped with his Comrade for entring a Country-mans House by violence and a Soldier to be tyed to the Gallows and whipped for stealing a Sheep though he restored it again Major-General Lambert published a Proclamation against a great abuse of differing values of Coins Of Two Prizes brought into Yarmouth rescued from the Pyrates who much infested the North Coast Of four Vessels of French Wine taken That Prince Ruperts Admiral Ship was sunk and another wracked and the Prince and his Brother only saved That Admiral Pen sent some Ships after the rest of them Report of Odwears coming in with 3000 Tories in Ireland to submit to the Parliament 13. Order for an Act to sell all the rest of the Fee-Farm Rents Votes for payment of such as lent under 10 l. upon publick Faith without doubling Referred to the Council of State to confer with the Lord-General about nominating of a fit Person to be Commander in Chief for Ireland and to report their Opinions to the House Debate about the next Summers Fleet to be 120 Sail. 14. Letters That Captain Augustine the great Robber in Scotland upon disbanding of Marquess Huntleys Forces went into the Orcades and there took Ship for Norway Order not to fortifie Innernesse because of the great charge and the poverty of the Town That 100 Aegyptians were rambling in the High-lands and cheating the Country That the Regiments in Scotland were very full above 1000 in a Regiment That 1000 Highlanders appeared at the Summons of the Marquess of Argyle as was usual that out of them he might choose 30 to attend him to the Major-General That Major-General Lambert and Deane went towards Aberdeen and were entertained by the way with Vollies of great Shot and Solemnity 15. Letters That when the Wind is Westerly few Ships touch at Scilly That a Hamburgher Ship was wracked there and a Coffin taken up out of the Sea which was in her having the Body of the Young Duke of Holtsteine in it Of a great Earthquake in Scilly Islands 16. Letters That Sir George Carteret and his Company had but course entertainment at St. Mallows only himself and nine more suffered to come into that Town where he staid a short time and then went to Paris to the King A Thanksgiving-day was kept in Jersey for the good success in reducing that Island and the great Guns were fired 17. That the Major-General courted the Presbyterians at Dundee that they with the Lieutenant-General were setling the Affairs of the Country and to put on the Assessment and to take off free quarter That the Commissioners for Scotland were with their Retinue at Berwick where they intended to stay three or four days That the Lord Major of York feasted them Of Recruits and Provisions for Ireland preparing Debate of Mr. Primates Petition against Sir Arthur Haselrigge and the Commissioners for compounding and about a Book against them referred to a Committee but the Proceedings of the Commissioners were approved by the House and Primate was fined 3000 l. to the Common-wealth 2000 l. to Sir Arthur Haselrigge for his Damages and 2000 l. to four of the Commissioners for compounding The like was voted against Lieutenant-Collonel Lilburne of a Fine of 7000 l. and that he should be banished out of England Scotland and Ireland and the Petition and Book to be burned by the Common Hangman 19. Letters That the Kirk-men in Scotland speak little against the War or for Peace but rather foment the War That the Lord of Drum being summoned to come before the Kirk-men â—he summoned them to appear before Collonel Overton alleadging that he was under the Protection of the Parliament of England and could not acknowledge any other Jurisdiction or Judicatory in Scotland But if as private Christians they required him to purge himself of not being a Papist he would do it Of great pride and insolency of the Presbyteries in Scotland That the Lord of Drum wrote a Letter of Thanks to Lieutenant General Monk for relieving those who were oppressed in their Consciences by the Presbyteries and acquaints him with the Proceedings of the Presbytery of Aberdeen against him and his Appeal from them That Lieutenant-General Monk ordered That no Oaths should be imposed by any of the Kirk Officers upon any Person without order from the State of England nor any Covenant and if they do that he will deal with them as Enemies And that who shall tender or take any Oath or Covenant so imposed and against Conscience without leave of the Common-wealth of England shall be taken as Enemies and the Provost and Bailiffs of Aberdeen were to proclaim this And all Civil Officers were commanded by the
Lieutenant-General not to seize upon meddle with or any ways molest the Persons or Estates of any Excommunicated Person or any ways to discharge any other Persons whatsoever to desist from dealing or trading with the said Excommunicated Persons without order from the Common-wealth of England or their Commissioners 20. Primate received his Sentence from the Parliament at the Bar of the House upon his Knees and Lieutenant-Collonel Lilburne being brought to the Bar refused to kneel the House gave him but Twenty days to depart the Kingdom Debate upon and several Branches passed of the Act of Oblivion Vote That Mr. Hale Mr. Steel Mr. Cocke Mr. Manby Mr. Sadler Collonel Blunt Sir Hen. Blunt Mr. Berners Major-General Desborough Mr. Moyer Collonel Tomlinson Mr. Fountaine Alderman Fowke Mr. H. Peters Major Packer Sir William Roberts Mr. Meltwold Mr. Mansell Mr. Rushworth Mr. Sparrow and Sir Anthony Ashley Cooper be the Committee to take into consideration what inconveniences there are in the Law how the mischiefs which grow from delays the chargeableness and irregularities in the proceedings of the Law may be prevented and the speediest way to prevent the same And to present their Opinions to the Committee of Parliament appointed for that purpose and they or any Seven of them had power to send for any Persons to confer with them in this Business and for Records An Act for compounding with Delinquents and Sequestrations and for the Committee of Haberdashers-Hall 21. Letters of the ceasing of the Plague in Ireland That 300 of the Enemies Horse were taken since the English came to their Winter Quarters That the Commanders of such as are yet out make Overtures of laying down their Arms. That many of the Rebels are in treaty to submit to the Parliament That Galloway offers to treat 23. By a Court-Marshal a Soldier that killed another being first struck by him and highly provoked was according to Num. 35. 22. adjudged only to be Imprisoned for two Months and then to pay 20 l. to the Wife of him that was killed 24. Letters That the Synod of Aberdeen had excommunicated the Lord Drum That the Marquess of Argyle had seised upon a House of Huntleys and put a Garrison into it That the Lieutenant General went to meet the Parliaments Commissioners come from England to Scotland 26. Letters That the Captain of the Success Frigot and Ten more of his Company were cast away at Leith That the Commissioners for Scotland sent forth their Summons for fit Persons to come to them to present their desires That the Lord Wareston chiefly and others were the Grand Sticklers for the Kirk Party A Letter intended to be sent from the Kirk to the Lord-General setting forth the Iniquity of the English Invasion then they inveigh against the Errors and Preaching of Troopers Against the Incorporating of Scotland with England saying it will draw on a Subordination of the Church to the State in the things of Christ Against the gathering of Private Churches and Toleration as they call it and introducing Magistrates of contrary Principles to the Church Against a Civil Headship over the Religious Constitutions 27. Vote That no Fee Perquisite or Reward shall be taken by any of the Judges of Westminster-Hall or their Servants but such Salary as shall be allowed them by the State That all the Publick Revenue shall be brought into one Receipt Instructions passed for ordering and disposing all the Forces and the Charge of them not exceeding the Establishment of the Army A Paper delivered in by the Spanish Ambassador to the Council of State and by them reported to the House read and Instructions given upon it Letters of Credence from the Queen of Sweden by Peter Spiering Silvereroone to the Parliament read and referred to the Council Letters of 2 Ships of Barnestaple taken by Pyrates 28. A Declaration published and Vindication of the Poor oppressed Commons of Scotland in relation to their present sad and Sorrowful condition wherein they were brought by that perfidious Self-seeking Party who did lately wind themselves up in the Offices of Power and Trust in that Estate and Army Wherein they submit to the Parliament of England and pray that they would put nothing upon them which may molest their weak Consciences or imply Perjury 2. That they may be governed by the English and no Scotch-man imployed in any Office of Power or Trust in Church or State who have formerly betrayed their trust 29. Letters of a Vision seen at Sea by the River Maze First about a Mans hight above the Horizon like a Flat land appeared very many Foot-men and Horse-men out of the North North-East After that appeared a Fleet of Ships out of the North and among them a great Ship which lost her Top-Mast and was made ready again and her Flag seemed of 3 Colours like the Prince of Orange his Flag That on the same height appeared a Mighty Fleet of several sorts coming one against the other and a thick Smoak like Fighting That the Smoak vanished and the Ships appeared again clear After which the Ships appeared as if they were sunk and then clear again Then a Mighty great Ship seemed to sink at the Head and the after part to stand on High and another Ship to Sail by it And in the North appeared a Lyon the Vision continued 3 Hours and the Sea-men were much afraid Lieutenant-Collonel John Lilburn took his Journey from London and many Friends went with him to the Sea side 30. Letters of a Ship wracked near to Pendennis That the Parliaments Forces in Vlster met with a Party of Tories killed and drowned 150 of them That the Barony of Burren in Ireland which they say hath neither Wood Water nor Earth enough to Hang Drown or Bury a Man refusing to pay Contribution was harrased by Sir Charles Cootes Forces That the Commissioners of the Parliament of England for the Affaires of Scotland sat at Dalkeith for Setling the business of that Nation 31. The Committee appointed to consider of the Inconveniences and Delayes in the Proceedings of Law met several times and desired the Judges in their several Courts to return to them a List of the Officers in their Courts and what Fees they receive and what Work and Imploymeut they do for the same They entred upon several Heads of Inconveniencies in the Law in relation to Estates in Tail and Copyhold Estates and that for the future they may be made liable to the payment of Debts Whitelock was often advised with by some of this Committee and none of them was more active in this Business than Mr. Hugh Peters the Minister who understood little of the Law but was very Opinionative and would frequently mention some Proceedings of Law in Holland wherein he was altogether mistaken February 1651. 2. Letters of the Proceedings of the Parliaments Commissioners at Dalkeith and the trouble of the Kirke Party 3. An Act passed for executing
That the Tories doe much mischief To prevent which and other inconveniences the Parliaments Commissioners in Ireland published a Declaration excepting severall places from the protection of the Parliament from which all friends to the Parliament are to remove their Persons Families and Goods and those that remain in those places shall be taken as Enemies slain and destroyed And all Intelligence forbid with them and that those who shall remove from those places shall have other Wast-lands assigned them and places for their habitations 23. Dr. Walker and Dr. Turner added to the Committee for regulating the Law Order for an Act for Confiscation of the Estates of several persons in Scotland and for pardoning of the rest An additionall Act passed for Sale of the remainder of Fee-farm Rents Referred to the Councel of State to nominate Persons for Administration of Justice in Scotland Order for an Act to prevent the Mischiefs and Robberies upon the Borders and for settling of the Fishing upon Tweed Report from the Committee for regulating the Law of an Act for Marriages to be made before Justices of the Peace That Committee presented to the Committee of Parliament to be reported to the house the draughts of Several Acts viz. For taking away Fines upon Bills Declarations and Original writs Against Customary Oaths of Fealty and Homage to Lords of Mannors For taking away common Recoveries and the unnecessary charge of Fines and to pass and charge Lands intailed as Lands in Fee-Simple For ascertaining arbitrary Fines upon discent and alienation of Copy-holds of Inheritance For the more speedy recovery of Rents Touching Pleaders and their Fees For the more Speedy regulating and easie discovery of debts and damages not exceeding 4 l. and under 24. Letters That the new chosen Magistrates of Edenburgh had Subscribed their Assents to the Union with England and taken the same Oath that the Mayors of Cities and Towns in England do take and that other Burghs in Scotland sue for Licence upon the same terms to chose new Magistrates That in many parts of Zealand the people are so mad against England that it is dangerous for an English man to be among them but in other places they are in a better temper 26. Letters That Captain Pen came to Pendennis with his Squadron and 5 Prizes which they had taken in the Streights That Prince Rupert with 3 or 4 Ships was upon the Coast of Barbary but his Ships so much eaten out with Arckes that they were not able to keep the Sea Of Recruits Shipped for Ireland 27. Letters That Major Salloway was returned from meeting with the Marquess of Argyle which was with much seeming Love and Kindness None were present at the Treaty but the Marquess and one of his Kinsmen and Major Salloway and Major-General Dean That 40 Sail of Ships were come into Lieth Harbour with Provision and Merchandise from England so that the Deputy-Governour published a Proclamation That no Ship or Vessel should have any Fire or Candle in them but at a certain time of the day That one English Frigot went up to 3 Dutch-men of War who refused to strike Sail to her and with a Broad-side of above 20 Guns perswaded them all to strike to the English Frigot 29. Letters That there is no doubt of a fair Compliance by the Marquess of Argyle with the Commissioners He insists upon Protection and Freedom for himself and his Tenants and their Estates and payment of the Debts owing to him from the Parliament of England Proposals were tendred to the Committee for propagating the Gospel for Supply of all Parishes with Able and Godly Ministers for settling of right Constituted Churches c. An account of the Forces come away from Jersey and of Recruits for Ireland Shipped That the States of Holland sent an express for all the Captains of their Men of War forthwith to go down to their Ships and to stay all Shipping going for England which Imbargoe raiseth thoughts that they intend a War against England 30. Reports to the Parliament from the Commissioners for Scotland of the Form of consent of the Deputies of the Shires and Boroughs of Scotland to the Vnion with England into one Common-wealth without a King or House of Lords and to live Peaceably in the mean time with submission to the Authority of the Parliament of England With their Petition for New Magistrates to be chosen of such as consent thereunto and that Course may be taken with the Ministers who preach against this Vnion April 1652. 1. Letters of Recruits Shiped for Ireland A Letter Signed by Gerald Fitz-Gerald in behalf of an Assembly of the Irish in the Province of Leinster to the Parliaments Commissioners for Ireland setting forth the Calamities of War and the blessings of Peace and the good inclinations of the Common-wealth of England to give reasonable Conditions to those that shall submit to them He desires a safe Conduct for the Inhabitants of the several Provinces to meet and choose Commissioners to Treat with and Propound such things to Commissioners to be appointed to meet with them as may conduce to the Peace and Settlement of that Kingdom The Commissioners in Ireland published a Declaration in answer to this Letter That they cannot in Duty and Honour own that of Gerald Fitz-Gerald for an Authority but declare That the settlement of the Affairs of Ireland doth of right belong to the Common-wealth of England the consideration whereof is at present before them 2. That in the Settlement thereof the Parliament will make distinction of such Persons as have lived Peaceably or having been misled have since submitted to their Authority and those who have acted or abetted the Murders and Massacres of the Protestants and such as adhered to them the first year of their Rebellion or such as continue in Hostility 3. That to grant safe Conducts to such as are in Hostility against the Parliament to meet and consult together is an Act to which the Commissioners cannot in Prudence consent 4. That for such as are now in Arms and are willing to lay them down and submit to the Parliament upon timely application to the Parliaments Ministers here for particular places and persons such moderate Terms will be consented unto as men in their condition can in reason expect Lieutenant-General Ludlow by advice with the English Commissioners and Field Officers of the Army returned answer to the Earl of Clanrickards Letters That the power of ordering the Affairs of Ireland belonged to the Parliament of England who would not capitulate with those in Arms against them but upon Application of particular Persons such favour would be shewed to them as they should deserve and should be reasonable Anno 1652 The Commissioners from the Rebels presented another Paper to the English Commissioners for a safe Conduct to such as should be appointed Commissioners by the Provinces to attend the Parliament To this the Parliaments Commissioners made
of such as were then known An Act of the Councel of State touching the adventurers for Lands in Ireland An Address from Cumberland approving the actions of Cromwell and his Army and resolving to stand by them and assist them 7. Letters from Scotland that the 2 great Fleets missed one an other to the admiration of all men that the Malignants report the Dutch to be 150 Sail of Men of War That there continues great feud betwixt the Assembly and Protesting Party about placing and displacing of Ministers That the Lord Wareston is angry at every thing but himself and at that too sometimes Intelligence that about 20 of the Dutch Fleet were taken burnt and sunk 3 Fire-Ships taken one Vice-Admiral and 2 Rear-Admirals one Rear-Admiral towed by the Entrance being far bigger than her self having 14 Guns on a Tire and of 1200 Tun. But 126 men Slain in the English Fleet none of note but General Dean and one Captain no English Ship lost 8. Letters were sent from Cromwell to the several persons called to take upon them the trust of the Government of the Common-wealth and were to this effect For as much as upon Dissolution of the late Parliament it became necessary that the Peace Safety and good Government of this Common-wealth should be provided for and in order thereunto divers persons fearing God and of approved Fidelity and Honesty are by my self with the advice of my Councel of Officers nominated to whom the great Charge and Trust of so weighty Affairs is to be committed And having good assurance of your love to and courage for God and the Interest of this Cause and of the good People of this Common-wealth I Oliver Cromwell Captain-General and Commander in chief of all the Armies and Forces raised and to be raised within this Common-wealth do hereby summon and require you being one of the Persons nominated personally to appear at the Councel-Chamber at White-Hall within the City of Westminster upon the 4th day of July next insuing the date hereof then and there to take upon you the said Trust unto which you are hereby called and appointed to serve as a Member of the County of Bucks and hereof you are not to fail Given under my Hand and Seal the 8th day of June 1653. O. Cromwell Further Relations of the late Fight at Sea with the Dutch but to the same effect with the former and that the English Fleet were still in chase of the Dutch Fleet towards their own Coast 9. Letters of 2 Dutch Ships taken by the Warwick Frigot that as soon as the Dutch discovered her to be one of the States Men of War they presently submitted to her 10. Of a Tumult lately in Linlithgow in Scotland the people refusing to receive a Minister whom the Presbit'ry would have imposed on them and some of the Kirk-men were soundly beaten in the scuffle A Ship of Jersey taken by the French 11. Of a private Man of War of Captain Williams who brought to Pendenuis 3 prizes whereof one had store of money but how much it was the Marriners took course it should not be discovered An other private Man of War brought 3 Dutch Prizes into the Isle of Wight That the English Fleet was before the Brill and other Dutch Harbours blocking up their Ships and that thereupon the Dutch People were in very great confusion 13. A party of Soldiers being sent into the Highlands to gather the Sess there a Company of Highlanders got together in Arms and followed the Soldiers 8 Miles who making a hault fired upon the Highlanders and slew their Captain and thereupon all of them fled distractedly and left divers of their Company dead upon the place those that ran away were too nimble for the English Soldiers to pursue them eight Men of War of the English Fleet brought into Leith Road 20 small Dutch Vessels Busses and other Prizes 14. The General and Councel of State published a Declaration to invite all the good People in these Nations to thankfulness and holy rejoycing in the Lord for the late great Victory at Sea against the Dutch and appointed a Day for meeting of himself and his Councel of Officers to praise the Lord. This took the more with many People because it was not a command and imposing upon Men but only an Invitation of them to keep a day of publick thanksgiving Collonel John Lilburn arriving at London sets forth an Address to Cromwell under this Title The banished Mans suit for Protection to his Excellency the Lord-General Cromwell being the humble Address of Lieutenant-Collonel John Lilburn This was written from his Lodging in little More-fields where by Warrant of the Councel of State he was taken into Custody and Committed to Sherriff Vnderwood's House 15. The English Fleet were plying to and again betwixt the Texel and the Vly to hinder Ships coming out from thence to joyn with that part of the Dutch Fleet now at the Weilings and to stop up their Trade and Fishing 16. Lieutenant-Collonel Lilburn being Prisoner in Newgate now published another Address to Cromwell and the Councel of State for repealing the Act of the late Parliament for his banishment for which he gave divers reasons because it was a Judgment against him by the Parliament according to no law in being That the Act is a Law made after the Fact done to ordain a punishment for that Fact which was never ordained or heard of before That the Parliament which made that Law being now dissolved the Law ought to be of no Force He prays the Suspension of any proceedings against him upon that Law till the Justice of the matter and manner of it be legally examined Two small Vessels of Scilly Loaden with Provisions for the Island were taken by the Brest Pickaroons One of Prince Rupert's Men in a mad humour leaped over-board into the Sea and was drowned and another of them in a bravado killed himself with his own Pistol 17. The Highlanders in Scotland began to gather together in Arms upon Commissions they received from the King of Scots The English Fleet were upon the Dutch and French Coasts 18. Captain Steiner brought into Lee Road 12 prizes Dutch Men of War taken in the late Fight and of Dutch Prisoners 1350 who were brought to London and secured in Chelsey Colledge An Agent came from Holland with Letters to Cromwell about their Ambassadors coming hither to Treat for Peace Cromwell received and carried the Letters to the Councel of State 20. The last week arrived in England Mnr. Bevering a Commissioner from Holland and had Audience before the Councel of State and made a short Speech in French for amity between the two Common-wealths this day arrived 3 more New-port Van Dorpar and Yongstall Commissioners from the United Provinces Lieutenant-Collonel Lilburn made a 3d Address to Cromwell and the Councel of State A Petition in the names of 5000 Citizens of London
from us making all the Sayl they could with the remainder of the Fleet being not above Sixty left of their whole number So far as I could discern there cannot be less than Thirty or Fourty sunk taken and destroyed we are now in pursuit of them some of our best Sayling Frigots being almost up with them and our expectations still are great The Enemy had Nine Flag Ships when we first Ingaged and now but one left some of them I know are sunk In this Ingagement we had but Two Ships of ours fired by them One of them is the Oak her Men were saved most of them the other had not any of her men saved The Worcester Frigot took the Garland which had been formerly taken from us by the Dutch but our Men were forced to fire her Trumps Flag was shot down in the Morning and could not be made stand all the day after The Parliament spent a day in their House in praising God for this great Mercy and praying for a right improving of it 4. Letters from General Monck aboard the Fleet to the Parliament of this Fight to the same effect with the former 5. A Petition from Kent to the Parliament for taking off the Tythes and the Speaker told them the House was satisfied of their good affection to the Parliament and for the matter of their Petition part of it was under consideration and that the Parliament would do as the Lord should direct them After a long debate of this day and yesterday the House Voted That the Court of Chancery should be taken away and the Committee of the Law to bring in an Act accordingly and an other for the Causes now depending and for future relief in Equity Whereas the Parliament appointed a Committee to consider of such Petitions as are directed to the Parliament and to Present such of them only to the Parliament as are proper to the Legislative power or not relievable elsewhere and to examin Witnesses upon Oath if they shall see cause and state the matter of Fact and Report to the Parliament and their Opinions touching Oaths for the Persons unjustly molested And this Committee having in their hands about Two Hundred and Fourty Petitions which according to the said Order they are to consider of and examin They resolved to receive no more Petitions for one Month except for lives or publick concernment whereof all are to take Notice and not to put themselves to unnecessary attendance Several Murderers condemned by the High Court of Justice in Ireland That the Enemy there was so wholly vanquished that not a Tory or a Wood-Kern was to be met with That a great part of the Army there was reduced Eleven Regiments of Foot and Four Regiments of Horse besides all new Regimented Troopers and Foot Companies all of them reduced being Five Thousand Foot and Three Thousand Horse A special regard taken of all the Field Officers and other Officers That the Accounts of the Army were audited and care taken for the satisfaction of all and to give them possession of Lands for their Arrears 6. That Seven Thousand Tories were marching to the Sea side in order to their Transportation for Spain That an English Merchant Ship by storm and Fog fell in among Eight Dutch Ships yet got away from all to Plymouth Letters of the Highlanders plundering the Low-lands and taking some Horses That Captain Drew broughr in Three Dutch Prizes their Scout Vessels sent to give advice to their East India Fleet to put in at Norway or the Sound because the English had a strong Guard upon the Northern Coast Letters from General Monck and Vice Admiral Pen of the late success against the Dutch to the same effect with the former and that we had sunk Thirty of the Enemies men of War taken One Thousand Prisoners whereof Vice Admiral Everson one of their most Valiant and best Sea men was one That we lost Two Hundred and Fifty Men slain and Seven Hundred wounded Captains of ours slain were Graves Cox Chapman and Peacock and Captains wounded were Stokes Seaman Rouse Holland and Cubi and that the Enemies loss is by conjecture about Three Thousand 8. The Commissioners for Administration of Justice in Scotland published a Proclamation for reviving some antient Laws and for prevention of the Exorbitancies of broken Highlanders Borderers and such as disturb the peace Order for a Day of Thanksgiving for the late good success at Sea with a Narrative to be publickly read Order for several Gold Chains to be given from the Parliament to General Blake General Monck Vice Admiral Pen and Rear Admiral Lawson and to the Four Flag Officers and immediatly to be bestowed among the Officers of the Fleet as Marks of the Parliaments Favour and good Acceptance of their service An additional Act passed for Stating and Determining the Accounts of the Officers and Soldiers in Ireland Much Debate upon the Act for Marriages and the Registring thereof and of Births and Burials That a private man of War of Scilly took a a Prize which was again taken from him by Two Dutch men of War and retaken again by the President Frigot That the Dutch have gotten again about One Hundred and Fourty Sayl of Ships besides Fire-ships That Three of their States are to go in the Fleet and advise and they have proposed a Reward to those who shall take any of the Three English Admirals and the benefit of their Ships That Tumults were amongst them but pacified Great Guns were heard off at Sea 10. Two of the Dutch Deputies to the Parliament went away upon the news of the late Victory Upon the Petition of Lieutenant Collonel Lilburn's Wife the Vote for his close Imprisonment was taken off and he Ordered to be Tryed at the Sessions in the Old-Bailey 11. That the King of Scots was sick of a Feavor at Paris The Dutch supprized Four English Ships in the East-Indies Traders for Port to Port. Lilburn's Trial proceeded at the Sessions House 12. Letters that the Highlanders in Scotland were gotten into a considerable body That a Declaration was Published by the Commissioners for visiting Universities in Scotland and placing and displacing of Ministers which did much astonish the Kirk-men Of Pyrates upon the Coast of Jersey who were socoured and assisted by the French who would not permit a Vessel of the Parliaments to have fresh water in their shoar and a Bristol Merchant man taken by the Hart Frigot which was lost to the Dutch and now manned out by them 13. Letters of two Dutch men of War that came into Burlington Bay to surprize Ten Barques there which cut their Cables and went into the Peer and so were preserved That the Parliaments Ships on the North Coast brought in a Danish Ship of great value and several other Ships Prizes and cleared that Coast of Pickeroons That Prince Rupert was gone to Nants to make the best of his Robberies That many thousands of the Irish were
Commissioners of the Great Seal for the time being shall have power to hear and determine such corruption and miscarriage and to award and inflict punishment as the nature of the Offence shall deserve which punishment shall not be pardoned or remitted by the Lord Protector And in the interval of Parliaments the major part of the Council with the consent of the Lord Protector may for Corruption or other Miscarriage as aforesaid suspend any of their number from the exercise of their Trust if they shall find it just until the matter shall be heard and examined as aforesaid XXVI That the Lord Protector and the major part of the Council aforesaid may at any time before the meeting of the next Parliament add to the Council such persons as they shall think fit provided the number of the Council be not made thereby to exceed One and twenty and the Quorum to be proportioned accordingly by the Lord Protector and the major part of the Council XXVII That a constant yearly Revenue shall be raised setled and establisht for maintaining of Ten thousand Horse and Dragoons and twenty thousand Foot in England Scotland and Ireland for the Defence and Security thereof and also for the convenient number of Ships for guarding of the Seas besides Two hundred thousand pounds per annum for defraying the other necessary Charges for administration of Justice and other Expences of the Government Which Revenue shall be raised by the Customs and such other ways and means as shall be agreed upon by the Lord Protector and Council and shall not be taken away or diminishe nor the way agreed upon for raising the same altered but by the consent of the Lord Protector and the Parliament XXVIII That the said yearly Revenue shall be paid into the Publick Treasury and shall be issued out for the Vses aforesaid XXIX That in case there shall not be cause hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof the Money which will be saved thereby shall remain in Bank for the Publick Service and not be employed to any other use but by consent of Parliament or in the intervals of Parliament by the Lord Protector and major part of the Council XXX That the raising of Money for defraying the Charge of present extraordinary Forces both at Land and Sea in respect of the present Wars shall be by consent in Parliament and not otherwise save only that the Lord Protector with the consent of the major part of the Council for preventing the Disorders and Dangers which may otherwise fall out both at Sea and Land shall have power until the meeting of the first Parliament to raise Money for the purposes aforesaid and also to make Laws and Ordinances for the Peace and Welfare of these Nations where it shall be necessary which shall be binding and in force until Order shall be taken in Parliament concerning the same XXXI That the Lands Tenements Rents Royalties Jurisdictions and Hereditaments which remain yet unsold or undisposed of by Act or Ordinance of Parliament belonging to the Common-wealth Except the Forests and Chases and the Honours and Manors belonging to the same the Lands of the Rebels in Ireland lying in the four Counties of Dublin Cork Kildare and Katerlaugh the Lands forfeited by the People of Scotland in the late Wars and also the Lands of Papists and Delinquents in England who have not yet compounded shall be vested in the Lord Protector To hold to him and his Successors Lord Protectors of these Nations and shall not be aliened but by consent in Parliament And all Debts Fines Issues Amerciaments Penalties and Profits certain and casual due to the Keepers of the Liberties of England by Authority of Parliament shall be due to the Lord Protector and be payable into his Publick Receipt and shall be recovered and prosecuted in his Name XXXII That the Office of the Lord Protector over these Nations shall be Elective and not Hereditary and upon the Death of the Lord Protector another fit Person shall be forthwith Elected to Succeed him in the Government which Election shall be by the Council who immediatly upon the death of the Lord Protector shall assemble in the Chamber where they usually sit in Council and having given notice to all their number of the cause of their Assembling shall being Thirteen at least present proceed to the Election and before they depart out of the said Chamber shall Elect a fit person to succeed in the Government and forthwith cause Proclamation thereof to be made in all the three Nations as shall be requisite And the Person that they or the major part of them shall Elect as aforesaid shall be and shall be taken to be Lord Protector over these Nations of England Scotland and Ireland and the Dominions thereto belonging 〈◊〉 Provided that none of the Children of the late King nor any of his Line or Family be Elected to be Lord Protector or other chief Magistrate over these Nations or any the Dominions thereto belonging And until the aforesaid Election be past the Council shall take care of the Government and administer in all things us fully as the Lord Protector or the Lord Protector and Council are enabled to do XXXIII That Oliver Cromwel Captain General of the Forces of England Scotland and Ireland shall be and is hereby declared to be Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging for his life XXXIV That the Chancellor Keeper or Commissioners of the Great Seal the Treasurer Admiral Chief Governors of Ireland and Scotland and the Chief Justices of both the Benches shall be chosen by the approbation of Parliament and in the intervals of Parliament by the approbation of the major part of the Council to be afterwards approved by the Parliament XXXV That the Christian Religion contained in the Scriptures be held forth and recommended as the publick Profession of these Nations and that as soon as may be a Provision less subject to scruple and contention and more certain than the present be made for the Encouragement and Maintenance of able and painful Teachers for instructing the People and for discovery and confutation of Error Heresie and whatever is contrary to sound Doctrine And that until such Provision be made the present Maintenance shall not be taken away nor impeached XXXVI That to the publick Profession held forth none shall be compelled by penalties or otherwise but that endeavours be used to win them by sound Doctrine and the Example of a good Conversation XXXVII That such as profess Faith in God by Jesus Christ though differing in judgment from the Doctrine Worship or Discipline publickly held forth shall not be restrained from but shall be protected in the profession of the Faith and exercise of their Religion so as they abuse not this liberty to the civil Injury of others and to the actual disturbance of the Publick Peace on
fell into the Lord of Kinoules Quarters took seven or eight Prisoners and about twelve Horse killed one rescued the Lord of Egles Sheriff dispersed the Regiment and the Lord of Kinoule hardly escaped The Lord Protector was Proclaimed by sound of Trumpet in the Pallace yard at Westminster at the Old Exchange and several other places in London divers of the Councel and the Lord Mayor and Aldermen in their Robes with three Serjeants at Armes with their Maces and the Heraulds attending And command to Publish the same Proclamation in all Counties 20. Letters of a Dutch Prize taken by a Private Man of War and brought to Hull 21 A Proclamation Published by his Highness the Lord Protector with the consent of his Councel for continuing all Persons being in Office for the Execution of Publick Justice at the time of the late change of Government until his Highness further direction in these Words OLiver Lord Protector of the Commonwealth of England Scotland and Ireland considering That whereas the exercise of the chief Magistracy and the Administration of Government within the said Commonwealth is Invested and Established in his Highness assisted with a Council and lest thereupon the setled and ordinary course of Justice in the Commonwealth if remedy were not provided might receive interruption his Highness in his care of the State and publick Justice thereof reserving to future consideration the reformation and redress of any abuses by misgovernment upon better knowledge taken thereof is pleased and doth hereby expresly signifie declare and ordain by and with the advice and consent of his Council who have power until the meeting of the next Parliament to make Laws and Ordinances for the Peace and Welfare of these Nations where it shall be necessary which shall be binding and in force until Order shall be taken in Parliament concerning the same that all persons who on the Tenty day of this instant December were duly and lawfully possessed of any place of Judicature or Office of Authority Jurisdiction or Government within this Commonwealth shall be and shall so hold themselves continued in the said Offices and Places respectively as formerly they held and enjoyed the same and not otherwise until his Highness pleasure be further known And all Commissions Patents and other Grants which respect or relate unto the doing and executing of Publick Justice and all Proceedings of what Nature soever in Courts of Common Law or Equity or in the Court of Admiralty or by Commissioners of Sewers shall stand and be in the same and like force to all Intents and Purposes as the same were on the said Tenth day of this instant December until further Order given by his Highness therein And that in the mean time for preservation of the publick Peace and necessary proceedings in matters of Justice and for safety of the State all the said Persons of whatsoever Place Power Degree or Condition may not fail every one severally according to his respective Place Office or Charge to proceed in the performance and execution of all Duties thereunto belonging as formerly appertaining to them and every of them whilst the former Government was in being Given at White-Hall this 21st of December in the year of our Lord 1653. 22 Letters that the States of the Netherlands keep from their People the knowledge of the Offers of England for coalition and Peace with them Of great Preparations for the Sea against the Spring of above One hundred Sayl of Ships of War 23 Letters of the Highlanders dividing themselves in several Territories that they often remove their Quarters and are in want of Provisions That a Party of the English killed three and a Captain of the Lord Lords 24 Letters of two Dutch Prizes brought in by a Private Man of War That the Dutch about the Lands-end took an English Ship which came from New England That some French Wines were taken and brought into Deal That the Highlanders make so high Demands from the Country that they are not able to supply them 26 Letters that Captain Hart about Dumfrize with a Party of English pursued some of the Enemies by the tract of the Snow and fell upon them took Sixty five Horses sixteen Prisoners and many Armes and four of them slain they fought very Resolutly for a while Captain Hart lost but one Man and sixteen Wounded That the late Change of Government in England was well Resented by the Army in Scotland and they were unanimous to obey the Lord Protector That some Gentlemen about Ruthen Castle in Scotland sent to Captain Hill the Governour to know if an Enemy should come into those Parts whether he would give them leave to furnish the Enemy with Provisions c. to rid them out of the Country to which he answered That if any did so they should forfeit their Lives and Estates Then he showes them the Power of the State of England and their kind dealing with the People of Scotland under their Power and the inconsiderableness of those in Armes against the State of England concludes with an absolute forbidding of them to give any Assistance to the Enemy and to pay in their Sesses Letters from Swedland of the safe Arrival of the Lord Ambassadour Whitelock and of his gallant Reception there 27 The Lord Protector and his Councel passed several Ordinances For continuing the Excise and the Commissioners For the continuing the Act for Redemption of Captives For alteration of several Names and Formes used heretofore in Courts Writs Grants Patents Commissions c. and setling Proceedings in Courts of Law and Equity Divers Prizes taken by Captain Newberry between the Isle of Wight and the French Coast and several other Prizes taken and brought in by others of the Parliament Frigots 28 An Order Published of the Protector and his Counsel for reviving of a former Act for the Probat of Wills and granting Administrations Letters that Chanut Ambassadour from the French King with the States did freely offer to them an Alliance and Assistance from his Master if they would break with Spain and England That Captain Crispin pursued some French Vessels into Conquet Road where he Anchored and the Town and Country came down to assist the Pickaroons and Dutch there and Crispin made Two hundred and thirty great Shot into the Town and did much spoil to the Ships which got close under the Houses 29 The Lord Protector and his Councel sate very close in Ordering their dispatches to the several Forces in England Scotland and Ireland and to their Publick Ministers abroad 30 The Lord Protector with his Councel and the Officers of his Army kept a Day of Humiliation at Whitehall That the Lord Protector was Solemnly Proclaimed at Plymouth the Magistrates present in their Robes the Trumpets sounding and Guns firing the Bells Ringing and Shouts and great Acclamations of Joy of the People Of Two English Ships loaded with Masts c. coming from New England taken by three Dutch-men of War
the Citizens and 30 of them and of the Inhabitants were Slain by the fall of Timber and Houses on fire upon them Some small Skirmishes were between little parties of the Highlanders and the Parliaments Forces 31 Voted by the Parliament that any Natives of the Commonwealth may transport Wheat when the Price shall not exceed six and thirty Shillings the quarter paying Four-pence the Quarter Custome And Rye when it exceeds not Four and twenty shillings the Quarter paying three pence the Quarter Custom And Barly or Mault when the Price of it exceeds not twenty shillings the Quarter paying two pence the Quarter Custom And Pease not being above four aâ—d twenty shillings the Quarter paying three pence the quarter Custom And Beans not being above four and twenty shillings the Quarter paying three pence the Quarter Custom The Corn to be transported in Vessels of this Commonwealth Butter to be transported when it is not above six pence the pound A Bill to be brought in for this purpose November 1654. 1. Nov. The Officers of the Army met at St. James's to keep a day of praying together The Resident of the Duke of Guelders had Audience of the Protector declaring the late decease of his Master and the acknowledgment he made upon his death bed of the Favours and Protection he had receiv'd from the Protector desiring the continunuance of his Favour and Protection to his Son 2 The Lord Lorn the Marquls of Argiles Son continued in Rebellion against his Father Collonel Hammonds Funeral solemnized at Dublin with much State 3 The Parliament sat upon the Articles of Government and voted the forfeiture of Lands for Treason and Delinquency 4 Petitions of the Lord Craven Sir John Stowell and others referred to several Committees 6 Debate about the Bill for Ejecting Ignorant and Scandalous Ministers and School-Masters and Voted That in the mean time the Ordinance for Ejecting them passed by the Protector and his Councel shall not be suspended Order for Accounts to be brought in of the value of all Customs and Receipts in several Offices Petition of the Doctors of the Civil Law in behalfe of themselves and their profession was referred to a Committee A Committee of Ten persons appointed to confer with His Highness about stating the Point of Liberty of Conscience 7 Order to examine and punish the Authors and publishers of a Scandalous and Treasonable pamphlet entituled Collonel Shapcots speech in Parliament and the Sergeant at Arms to seize the Copies 8 The Protector and his Councel considered of the Nomination of new Sheriffes in the several Counties 9 Long debate by Councel at the Committee for the Lord Cravens and Sir John Stowells Petitions 10 Debate in Parliament upon the Articles of Government That the Supream Legislative power shall be in one Person and the People assembled in Parliament being the first Article And upon the 24 Article That if the Protector consent not to Bills presented to him within twenty days that they shall pass as Laws without his consent This Letter came from Seldon to Whitlock My Lord I am a most humble Suitor to your Lordship that you would be pleased that I might have your presence for a little time to morrow or next day Thus much wearies the most weak hand and body of Novemb. 10. 1654. White Fryers Your Lordships most humble Servant J. Selden Whitlock went to him and was advised with about settling his Estate and altering his Will and to be one of his Executors But his weakness so encreased that his intentions were prevented He dyed the last of this Month. He lived at the Countess of Kents house in the White-Fryers His mind was as great as his learning He was as hospitable and generous as any man and as good Company to those whom he liked The Primate of Ireland preached his funeral Sermon in the Temple Church and gave him a great and due Eulogie 11 The Parliament agreed upon the first and 24th Articles of Government with little alteration 13 A Petition of the Purchasers of the Lord Cravens Estate referred to the former Committe likewise a Petition of Sir John Stowell The King of Swedens Marriage was solemnized at Stockholm the 14th of October last 14 Prince William of Nassaw received by the Province of Over-Issell to be Governour there during the minority of the Prince of Orange 15 The House proceeded in the debate of the Articles of Government They considered of an Assesment for the preventing of free Quarter The Lord Lorn sent parties into his Fathers Countrey to steal Cows 16 The Parliament voted His Highness to be Lord Protector c. during his life They debated about the business of the Militia by Sea and Land 17 A List published of the several Sheriffs for England and Wales agreed on by the Protector and his Councel Much debate at the Committee concerning the Lord Cravens and Sir John Stowels business A Fire in Amsterdam quenched by casting Sand upon it Some few of Middletons party in Scotland roaming up and down were routed by the Parliaments Forces The Funeral of the Protectors Mother Solemnized at Westminster Abby 20 The Parliament sat Forenoon and after-noon upon the Government and agreed fully upon the first Article and the 24th 21 Vote for an Assesment of 60000l a month for three months to be laid on England Petition concerning Sir Peter Vanlores Estate referred to a Committee Some small Skirmishes were in the Highlands 22 A Committee appointed to consider of the Accounts of the Kingdom and who have any publick moneys in their hands The King of Scots was at Colen and the Queen of Bohemia went to Flanders to visit the Queen of Sweden 23 The House in the Forenoon upon the Government and in the Afternoon upon the Assessment 24 Five Hundred Irish were landed in some Isles of Scotland to joyne with Middleton and Seaford 160 horse more were to joyn with them and to force the Clans to rise with them The Parliament voted That no Law should be altered or repealed nor new Laws made nor any Tax imposed but by assent of Parliament 25 The Parliament voted That a new Parliament should be summoned to meet upon the third Monday of October 1656. They called for a Report from the Committee for Regulating the Chancery Seven English Ships and divers Forreign Ships cast away by a storm near Dover 27 The Parliament passed several Votes touching Qualifications of persons to be chosen to serve in Parliament and for the Electors Vote that a new Parliament shall be every third year and not to sit above six Months but by Act of Parliament with the Protectors Consent and that to be but for three Months longer That the Protector may Summon Parliaments within the three years if he see Cause to sit for three Moneths and the Summons to be by Writ according to Law The Chancellor or Commissioners of the Seal to issue Writs
Holy Scriptures of the Old and New Testament to be the Revealed Will and Word of God and shall in other things differ in Doctrine Worship or Discipline from the Publique Profession held forth Endeavours shall be used to Convince them by sound Doctrine and the Example of a good Conversation But that they may not be compelled thereto by Penalties nor restrained from their Profession but protected from all Injury and Molestation in the profession of the Faith and exercise of their Religion whilest they abuse not this Liberty to the Civil Injury of others or the Disturbance of the publique Peace So that this Liberty be not extended to Popery or Prelacy or to the Countenancing such who publish horrible Blasphemies or practise or hold forth Licentiousness or Prophaness under the profession of Christ And that those Ministers or Publique Preachers who shall agree with the publique Profession aforesaid in matters of Faith although in their Judgment and Practice they differ in matters of Worship and Discipline shall not onely have protection in the way of their Churches and Worship respectively but be esteemed fit and capable notwithstanding such difference being otherwise duly Qualified and duly Approved of any Trust Promotion or Imployment what soever in these Nations that any Ministers who agree in Doctrine Worship and Discipline with the Publique Profession aforesaid are capable of And all others who agree with the publique Profession in matters of Faith although they differ in matters of Worship and Discipline as aforesaid shall not onely have protection as aforesaid but be esteemed fit and capable notwithstanding such difference being otherwise duly Qualified of any Civil Trust Imployment or Promotion in these Nations But for such persons who agree not in matters of Faith with the publique Profession aforesaid they shall not be capable of receiving the publique Maintenance appointed for the Ministery Provided That this Clause shall not be construed to extend to enable such Ministers or publique Preachers or Pastors of Congregations But that they be Dis-enabled and they are hereby Dis-enabled to hold any Civil Imployment which those in Orders were or are Dis-enabled to hold by an Act Entituled An Act for Disenabling all persons in Holy Orders to Exercise any Temporal Jurisdiction or Authority And that Your Highness will give Your consent That all Laws Statutes Ordinances and Clauses in any Law Statute or Ordinance So far as they are contrary to the aforesaid Liberty be Repealed XII That all Acts and Ordinances of Parliament made for the abolishing of Arch-Bishops and Bishops and for the abolishing of Deans Deans and Chapters Cannons Prebends and other Offices and Titles of or belonging to any Cathedral or Collegiate Church or Chappel and for the sale or other disposition of the Lands Rents and Hereditaments unto any or either of them belonging or for the sale or other disposition of the Lands Rents and Hereditaments of the late King Queen or Prince or of the Lands of Delinquents Fee-Farm or other Rents Forest-Lands or any of them or any other Lands Tenements Rents or Hereditaments lately belonging to the Commonwealth shall no way be impeached but that they do remain good and firm And that the security given by Act and Ordinance of Parliament for any Summe or Summes of monies by any of the said Lands the Excise or by any other Publick Revenue and also the Securities given by the Publick Faith of the Nation and the Engagement of the Publick Faith for satisfaction of debts may remain firm and good and not be made void by any pretence whatsoever XIII That all and every person and persons who have Ayded Abetted Advised or Assisted in any War against the Parliament since the first day of January 1641. unless he or they have since born Armes for the Parliamint or your Highness or otherwise given signal testimony of his or their good affection to the Commonwealth and continued faithful to the same and all such as have been actually engaged in any Plot Conspiracy or Design against the Person of your Highness or in any Insurrection or Rebellion in England or Wales since the sixteenth of December 1653. And for Scotland that all and every person and persons who have been in Armes against the Parliament of England or against the Parliament in Scotland before the first day of April 1648. except such as have since born Arms in the service of the Parliament of England or your Highness or given other signal testimony of their good affection and every person or persons that since the said first day of April 1648. have been in Armes or otherwise Aided Abetted Advised or Assisted in any War against the Parliament of England or your Highness except such persons who having been in Armes or otherwise Abetted Advised or Assisted in any War against the Parliament of England or your Highness since the first day of April 1648. and were not in Armes against the Parliament of England or against the Parliament of Scotland before the first day of April 1648. and have since the first day of March 1651 Old stile lived peaceably and thereby given testimony of their good affection to the Parliament and your Highness be made uncapable for ever of holding or enjoyning of any Office or Place of Publick Trust in these three nations or any of them Provided that nothing in this Article contained shall extend to put any incapacity in this Article mentioned upon any English or Scotish Protestants in Ireland who before the first day of March 1647. have born Armes for the Parliament or your Highness or otherwise given signal testimony of their good affection to this Common-wealth and continued faithful to the same XIV And that your Highness will be pleased to consent that nothing in this Petition and Advice conteyned nor your Highness assent thereto shall be construed to extend to the dissolving of this present Parliament but that the same shall continue and remain until such time as your Highness shall think fit to dissolve the same XVI And that nothing conteyned in this Petition and Advice nor your Highness consent thereunto shall be construed to extend to the repealing or making void of any Act or Ordinance which is not contrary hereunto or to the matters herein conteyned but that the said Acts and Ordinances not contrary hereunto shall continue and remain in force in such manner as if this present Petition and Advice had not at all been had or made or your Highness consent thereunto given XVII And that all Writs issued out of the Chancery and all Writs and Patents of the Justices of the one Bench and of the other Barons of the Exchequer Commissions of Oyer and Terminer Goal-delivery and Justices of the Peace And all other Commissions Patents and Grants made and passed under the great Seal of England Scotland or Ireland shall stand good and effectual in the Law notwithstanding this Petition and Advice or your Highness assent thereunto or any Law Statute or Custome to
right again in relation to them and a Committee made to consider what other Votes were fit to be vacated Then to please their Patron they voted Monk to be General of all the Forces in England Scotland and Ireland Lawson was voted to be Vice-Admiral and the Powers given to the Commissioners for government of the Army were repealed Sir Robert Pye Fincher and others released of their Imprisonment All Orders of the Council of State or Commissioners of the Army concerning the Forces are to be communicated to Monk and not to be proceeded upon without his approbation The Powers given to the Council of State to be taken away and a new Council to be chosen Order to restore the Common Council of London to their liberty and for the City to set up again their Posts Chains Gates and Portcullises The Members of Parliament ordered to attend the House the imprisoned Apprentices released by Order and the cause of the Imprisonment of Sir George Booth Col. Brooke the L. Crawford L. Louderdale and Lord St. Clare to be certified to the House 22. More former Votes vacated M. G. Brown restored to his place in Parliament Sir G. Booth released upon security and his Sequestration stopped Order for a new Parliament to be summoned to meet April 25. 1660. A Committee named to prepare Qualifications for it The City returned thanks to the House for their favour and the House sent to borrow money of them Monk took up his Quarters at S. James's House 23. Divers imprisoned for Addresses to the former House were released and ordered that no private business be admitted during the sitting of this Parliament All Powers granted for the several Militia's repealed and an Act to be for new settling of them The Vote repealed that Scot be Secretary of State The City sent a Congratulation to the Parliament for their Restauration and consented to lend them 60000 l. for pay of the Forces and petitioned for settling their Militia in such hands as the City might confide in and named in a List Commissioners for their Militia which the House approved A Day of Thansgiving appointed The Council of State named Several Sheriffs appointed Vote to discharge Mr. Bulstrode from being a Commissioner for the Excise this Gentleman Whitelocke had put in formerly to be a Commissioner of the Excise and although he had faithfully served the Parliament yet that was not now considered but he was set by and perhaps the rather because of his kindred to Whitelocke to make way for another The like was done to others and several new Officers made Order for a Bill to dissolve the present Parliament 25. The Act passed for constituting George Monk Esquire Captain General and Commander in chief under the Parliament of all the Land Forces in England Scotland and Ireland An Act passed for constituting the Council of State with a Repeal of the Act for the former Council An Act past for continuance of the Excise and Customs and Votes about those Customs The Lent Circuits put off and a Commission of Oyer and Terminer to be issued forth in the several Counties Several persons discharged of their Imprisonments and Sequestrations A Pardon past for divers reprieved persons A Declaration from the Officers of the Army in Ireland for the secluded Members and for a free Parliament Sir Hardress Waller opposed by Coot and others The City advanced money for the Parliament They entertained Monk and his Officers at Dinner on the Thanksgiving Day Monk visited the Speaker at the Rolls Ingoldsby sent by Monk with Forces to quiet the Regiment at Bury Colonel Morley Lieutenant of the Tower concurred with Monk 27. Votes to make void all that was done in Parliament against those of Sir George Booth's Party and against Chester This was sufficient to cause men to suppose what was intended The Speaker made Chamberlain of Chester An Oath past for the Officers of the Council of State A Proclamation for the Officers of the Army to continue with their Souldiers Vote for the Council that they may secure any persons though they be Members of Parliament to prevent publick danger John Thomson and John Thurloe Esquires voted to be Secretaries of State Vote for Dr. Clargies Monk's friend to have the Hamper Office Letters from York that by Monk's Letters to the Forces there he had given them so full satisfaction of his joyning against the Old Enemy and that Family that they concurred with him but if he should do otherwise they would oppose him 29. A Committee to examine matters touching sequestred Ministers Debate of security for money to be lent by the City and Votes touching the Militia of the City and other Militias A few Arms seized in the Houses of L. Colonel Kiffin and others Monk made Mr. Carew Ralegh Governour of Jersey Colonel Vnton Crook and his Regiments concurrence with Monk declared by them and the like by other Regiments March 1659. 1. Sir George Gerrard voted to be Custos Rotulorum of Middlesex Order for maimed Souldiers c. and for the poor Knights of Windsor Order about the Publick Revenue and the Assessment and for wounded Seamen Vote that this Parliament be dissolved at or before the fifteenth day of this instant March A Message to the City for money 2. The Confession of Faith of the Assembly of Divines agreed unto by the House except the 30 and 31 Chapters which are touching Church censures and synods Monk and Mountague voted to be Generals at Sea both fit for the intended design Orders touching the Militias and for maimed Souldiers c. and about the settlement of Ireland Repeal of former Votes against Hollis and of two late Acts of Sequestrations 3. The Question betwixt Dr. Reynolds and Dr. Owen about the Deanry of Christ-Church referred to a Committee The Earl of Crawford and Lauderdale and the Lord Sinclere released from their Imprisonment in Windsor Castle Orders about the Admiralty and Navy and Prize Goods Dr. Walker put out from being Judge Advocate Sir Anthony Ashley Cooper's Regiment declared for the Parliament and for Monk Courting Addresses to Monk from Northampton-shire and Nottingham-shire Intelligence of the Death of the King of Sweden a Gallant wise just and valiant Price The Protestant Interest lost a great Patron A Souldier hanged for murther Monk was feasted by several Companies in London 5. An Act passed for the publick confession of Faith Divers Sheriffs of Counties named Orders for a Proclamation to put the Laws in execution against Papists Orders for the Militias and for Justices of Peace Order for Printing and setting up in Churches the Solemn League and Covenant 6. Some Sheriffs named Lambert committed to the Tower and Haslerigge ordered to attend the House Overton discharged from being Governour of Hull and a Colonel Divers Commissions for the Militia passed Persons and Arms apprehended 7. The House approved the committment of Colonel Rich by the
June Cumberland Address Scotland Sea Fight Cromwells Summons Fleet. Highlanders Declaration Lilburn Fleet. Lilburn Highlanders Dutch Great Seal Thanks-giving Dean's Funeral Highlands Jersey Irish Dutch Petition Fens Address Nassaw Cromwel New Supream Authority July Address New Supream Authority Orange Dutch Parliament Lilburn Tithes Scotland 〈◊〉 Orange Tithes Dutch Sweden Committees Laws Fleet. Kirk Holland Petitions Frigot Highlands Proclamation 〈…〉 〈…〉 August Petition from Kent Court of Chancery The Dutch beaten Gold Chains for the Officers Old Van Trump dead The Marriage Act passed Lilburn acquitted Highlanders disperst Sâ—piâ—mbâ— Petition Several Orders Petition Hamp-shire Petition Minnes Committee for Prisoners October Hayton beats the French Fleet. Proclamation Union of Scotland Petition against the Lord Mayor Seamen Tumultuous Highlanders Proclamation Water-men Petition Mutiners Condemned Petition about Writs of Error A New Council of State Novem. Act of Repeal To take away the Chancery Synode in Scotland Order of the Council of State Presentations Tumult of the Portugal Ambassador's Brother c. Decemb. Report of a Committee for Tithes Motion for this Parliament to resign c. A Declaration Council called A Council of Officers The Protector Install'd Protector Proclaimed Coalition Ordinances January Captain Welch Foreign Ministers Dutch 〈◊〉 Address Treason February Quakers Ambassadours from the Duke of Tuscany Omerland Hollanders incline to Peace Lord Protector feasted by the City Protector Proclaimed at Dublin Ambassadour from the French King Vision Leopaldus Audience of the Dutch Ambassadors Ambassadours from Denmark March Middleton Inclinations of France Sea-fight Middleton April Resignation of the Queen of Sweden Great Seal Peace with the Dutch Speech of Chanute the French Ambassadour Peace with Holland Morgan Frigots Scots Morgan Scotland Proclamation Peace with the Dutch Scotland Army Proclamation Address Morgan May. Ireland Scotland Secret Article Sweedland Monck June Strike Sayâ— Plot. Proclamations Ministers Lilburn Bonfires Fire Plot. Parliament Monck Scotland Poor Prisoners Plot. Earl Oxford Fleet. French Monck Ireland High Court of Justice Election of Members High Court of Justice Scots July Portugal Ambassdor's Brother Whitelock's Embassy King of Sweden Crown'd Sweden Scotland Elections in Scotland Ireland Dutch Peace Middleton Routed Letters from Morgan Dutch Ambassadors Scotland August Commissioners Midleton Portugal Ambassador Monck Scots Recognition Prince of Orange Elections French Ambassador Ordinances Irish Members Scotland Dutch Ministers Parliament Cavalcade Protectors Speech Septemb. Speaker Chosen Negotiation with Sweden Debates about the Government Protectors Speech The Recognition Harrison Secur'd Vote Recognition Oxford Scotland Votes Act of Government Votes Ireland Debates Scotland October Scandalous Ministers Loâ—don Prince Orange Debateâ— Recognition Middleton Elections The Government Ireland The Government Scotland Novem. Parliament Corn Transported Duke of Guilders Civil Law Pamphlets Government Selden Sweden Government Middleton Votes Chancery Elections Votes Drunckards Government Scotland Assessment Pardon Vote Religion Decemb. Sweden Biddle Holy Ghost Blake Biddle Debates Vote Tender Consciences Government Standing Army York Revenue Parliament 〈◊〉 Council Whitehall 〈◊〉 〈◊〉 Craven Government Quakers January Government February March Chancery Crook Slingsby Maleverer Penruddock Scotland Ordinances Fast-day Artillery Company Conspirators Portugal West-Indies Expedition Hâ—spaniola Plot. Blake Cromwel Sweden Lauderdail April Chancery Reasons Visitors Pen. Jesuits Judges put out Chancery May. Pen. Barbadoes Piedmont Chancery June Lenthal L'Isle Blake Commissióners of the Treasury Venables Hispaniola July Jamaica Denmark Swedish Ambassadour Treasury Swedish Ambassadour Reception Audience August Ambassadours Speech Protectors Answer General Pen. 〈◊〉 Venables Queen of Sweden Piedmont Scotland Spain News Blake Novem. Swedish Ambassador Ireland Committee of Trade New raised Forces Ireland Decem. Swedish Ambassador Scotland Queen Sweden Jews Jews Manning Ambassadors Piedmont Dish Jamaica Swedish Ambassy Januar. Addresses Soldiers Februa Indians Scotland Sweedish Ambassador Cautions Expedient Dutch Ambassador Irish Sweden Debates Sweden Birth-day Ambassador Fidlers Ambassadors debates Admiralty March Major-Generals Swedish Ambassador Prohibitions Scots Durham Quaker April Coppar Manufacture Usher's Funeral Whitelock May. Swedes Ambassador Milton Contrebanda Passes Portugal July Parliament Mrs. Barlow Sir Georgâ— Ascue Sweden Septem Parliament Committees See the Parliaments Journalls on Monday March the 2d 1628. See and compare the 11th Rich. 2d with 21 of Rich. 2. chap. 12. And the 1 H. 4. ch 3. 4. Spanish War Novem. Plate-Fleet Lord Willoughby Great-Seal Upper-Bench James Naylor General Mountague Union Protector Acts. James Naylor Mr. Speaker Sentence Januar. Vote Union Sindercomb Speaker Resolutions Bible Syndercomb Ployglot Februa Votes Votes Bills Title of King April Plot. Harrison Title of King Title of King refused Petition and Advice Protector Q. Sweden May. Petition and Advice Lord Protector Petition and Advice Oath Other House Inauguration Acts. August Blake's death Bodiley dyes Spirits Colonel Jephson Sweden Duke of Buckingham Mardike Scandalous Ministry Mardike Mayern Bradshaw Novem. Piedmont Other House Lord Willoughby Piedmont Parliament Fiennes's Speech Bristoll January Anno 1658. Committee Protector Divisions Other House Fifth Monarchy-men Parliament Dissolution April Plot. Harrison Sweden Plots Addresses Protestants High Court of Justice Addresses High Court of Justice Dr. Hewet July Dunkirk D. Crequi Dunkirk taken Records Lady Cleypole Baronets Projects D. Bucks Earl Mulgrave dies Protector dies Richard proclaimed Septem Addresses Richard French Ambassadour Sea-fight Novem. Oliver's Funeral Oxford Gr. Seal Parliam Speaker Recognition Divisions Other House April Speaker Title Other House Army Richard Chute dies Quakers Dissolution Parliam May. Lambert Army Money Long Parliament Fleetwood Declaration Lenthal Long Parliament Declaration Committee of Safety Monk Addresses Council of State Gr. Seal Acts. Votes Scotland Union Scot. Intelligence Sir Anth. Cooper Votes Gr. Seal Richard Addresses Army Ireland Gr. Seal London Address Gr. Seal Fleetwood Zound Sweden and Denmark Army Votes June Haslerigge Lockart Overton Addresses Monk French Ambassadour Tythes Zound Richard H. Cromwel C. Alured Indemnity July Richard ' s debts Addresses Bradshaw Oath Addresses Sweden D. Bucks Piedmont Union Plots Law Union Massey Sir George Booth Lambert August Members fined Vote London Proclamation Council of State Union Plot. Lambert Prideaux Booth Lambert Zound Booth taken Septemb. E. Derby Zound Union Ingagement James Nailer S. G. Booth Sir Anth. Ashley Cooper Zound Ruthen Chester Army Addresses Vote Petition S. G. Booth October Army Falconbridge Army Monk Union London Monk Desborough Petition London Feasting Addresses Vote Answers Army Votes Jealousies Army Lambert Council of State Army Haslerigge Monk Commit of ten Fleetwood Lambers Zound Council of Officers New Council Monk Commit of Safety Desborough Novem. Declaration Monk Lambert Bradshaw dies Form of Governm Monk Gr. Seal Lords released Monk Col. Pearson London Lambert London New Commissions Fast Monk Address London Fleet. Ireland Treaty Monk suspected Treasury Militia Treaty Commit of 19. Ireland Monk Commit of Safety Term adjourned Monk Qualifications Council of State Proposals Decem. Morgan Form of Governm Monk Petitions Downing Army Tumult Portsmouth Form of Govern London Irish Brigade Booth Petition Parliament Articles Officers Parliament Monk Whitelocke Lawson Insurrections Distractions Lawson Souldiers Whitelocke and Fleet-wood Ingoldsby Parliament Ireland Lawson Desborough Zanchey Parliament Whitelocke Chaloner Whitelocke Monk Windsor Castle Whitelocke Wildman Desborough Militia Haslerigge Monk Haslerigge Whitelocke Parliament C. Dixwell City Indemnity Lockart Gr. Seal Monk Lambert Ludlow Monk Lord Fairfax A. Cooper London S. G. Booth Lawson Gr. Seal Vane Officers confined Scot. Crook Monk Speaker Scot. Robinson Monk Col. Sydenham Salwey Downing Gr. Seal Judges Ireland Monk Overton Free Parliament Commit of Safety Sir Robert Pye Scot and Robinson Monk Mr. Gomble Monk Free Parliament Addresses Water-men D. Clargies Monk Vane Addresses Tumults Monk Kent Mutiny Monk Febr. Mutiny Orders Monk in Parliament Speaker Answer Tumult London Votes Posts and Chains Barebones Posts and Chains Common-Council Scot and Robinson Commissioners of the Army Monk York Commit of Safety Engagement Overton Qualifications Secluded Members Address Secluded Members Monk Secluded Members restored Votes Monk Lawson Pye Common Council New Parliament City New Officers Monk Free Parl. Monk Sir George Booth Monk Assembly of Divines King of Sweden dies Lambert Overton March C. Rich. Haslerigge Overton New Parliament Overton Lawson Peter Killegrew Monk S. G. Booth Hollis Militia Engagement Disabling Vote Officers Judges Registers Office Sweden Monk April The King Desborough City Barebones Scot. London Needham Monk Lambert Proclamations Addresses Portugall Lambert Colonel Ingolsby Mountague Fleet. Souldiers Lord Falconbridge Parliament Thanksgiving Letter from Breda Declaration Luke Robinson Lord's House Commons May. Bonfires City D. of Buks Dr. Clerges Disputes Great Seal General Mountague City Proclamation King 's Arms. King Proclaimed Bonfires Prayers Ireland Colonel Norton Declarations Court of Wards King's entry
1. 3 H. 8. ch 5. The Earl of Holland is appointed to carry the supplies to Rea. The Governor of the Island gives notice of his wants to the French King and hath Releif sent him the French King blocks up Rochel to be near to Rea and supplies the Fort there The Rotchellers and Rohan declare for the English The Governor of Rea gets leave of the Duke to send to the French King pretending to surrender the Fort and so gains time The Duke begins to batter the Cittadel then purposeth to goe away then alters his resolution and storms the Fort but in vaine whereupon he raises the siege and retreats towards his Ships The French pursue and in a narrow cawsey with salt Pits on each side the Duke having made no works or provision for his safe retreat he is attaqued by the French and after a valiant defence especially by the English foot the French by the advantage of the place gave a great blow and slew many of the English yet the rest got to their Ships The Duke is blamed for many neglects he lays it upon the Council of War and the Earl of Holland's not coming with supplies in time Holland and the Council of War excuse themselves The people generally cry out against the Duke and are greatly discontented at this unfortunate action the Marriners are tumultuous and many mischeifs do arise The Rotchellers send to our King for releif and pray his mediation for the Protestants in case a Treaty of Peace be between him and their King They set forth their great streights and distresses and intreat a general Collection for their relief At this time a Resolution is taken to call a Parliament and in order thereto the Imprisoned Gentlemen are released who are in several places chosen to be Members of this New Parliament directions are given to use moderation in the business of the loan money The Archbishop the Bishop of Lincoln and others in disfavour have their Writs to sit in Parliament Yet a Commission of Excise is granted and moneys are disbursed for the raising of German Horse the Jesuits hope well of this intended Parliament Which being met The King spake to them to Expedite their business acquaints them with the common danger moveth for supplies and tells them if they do not their duty he must use such other means as he may to prevent ruine that he will gladly forget and forgive what is past and hopes they will not follow former courses of distraction Then the Lord Keeper inlargeth in his speech acquaints them with the general Estate of affairs in Christendom the enemies and dangers to this Kingdom persuades to supply and to speed and assures in the King's name forgetfulness of any former distasts and all affections of his Majesty unto Parliaments First the Parliament petition for a publick Fast then they debate of the Greivances of billeting of Souldiers Loans Benevolences Privy Seals Imprisonment of Refusers not bayling them upon Habeas Corpus and they incline to give no supply till these were redressed and the point was whether to begin with Grievances or with Supplies The Courtiers were moderate High complaints were made of Deputy Lieutenants compared to Janizaries The business of the Habeas Corpus was examined and found that Mr. Attorney had caused a draught of a Judgment to be made and pressed to have it entred upon the Record but the Judges would not permit it to be done After long debate it was resolved unanimously by the Commons 1. That no Freeman ought to be Imprisoned without cause shewed either by the King or Councill 2. That a Habeas Corpus in that case ought to be granted 3. That if no cause of Committment be returned the Party is to be bayled They also Voted That no Tax ought to be Imposed without assent of Parliament March 26. 1628. Car. 3 Then the King's Proposals were taken into consideration for Supplies They had a Conference with the Lords touching Recusants and their Hierarchy here secretly exercised They agreed upon a Petition to the King That the Laws against Romish Priests might be executed That Children may not be transported beyond Sea to be bred Papists That Recusants may be confined according to law That they may not be permitted to resort to Ambassadors houses to Mass That they may not be in Offices That the Judges be commanded to put the laws in Execution against them and to give an account thereof And that Recusants Children may be brought up in the Protestant Religion All which the King granted The Commons also Voted That no Freeman ought to be confined by the King Privy Council or others but by Act of Parliament or due course of Law And they debated the point of foreign Imployment against ones will They had a Message from the King to convince some false Reports that had been raised of what had passed at the Council and that the Duke spake nothing against the Parliament but was the first mover for it Upon a second Message They unanimously Vote 5 Subsidies with which the King was much pleased and the Duke highly extolled it whereof Secretary Coke informed the House but exception was taken That the Duke's name was mixed with the King 's The Commons at a Conference acquaint the Lords with their resolutions touching the Subjects Liberty and Right confirmed by 7 Acts of Parliament in point Magna Charta being one 12 presidents in Terms and 31 more and the reason cleered The King desires That the Commons would make no recess at Easter This is excepted to as against their privilege who may adjourne when they please They Resolve that Greivances and Supply shall go hand in hand together An unpleasing Message comes to them from the King which raised debate and the speaker delivered to the King a Petition touching Billetting of Souldiers and an excuse touching the King's supply that they did not delay it They vindicate their own proceedings and pray not to be misunderstood The matter of Billetting of Souldiers and the unlawfulness and miseries of it were fully opened in the Petition and present remedy prayed of that Insupportable burden The Lords and Commons debated the point of Marshal Law and touching a Petition of Right Anno 1628 against which the King 's Serjeant Ashley argued that the Proposal of the Commons tended to Anarchy and that they must allow the King to govern by Acts of State for which the Lords committed him and he recanted At a free conference the Lords and Commons debated of proposals to the King touching the property and liberty of the Subject made by the Lords with which the Commons were unsatisfied The King pressed for Supplies and declared that he holds Magna Charta and the other 6 Statutes to be in force and will govern according to Law And it was advised to rely upon the King's promise but all were not satisfied to doe it and a
Parliament is not necessary 3. That divers Acts have been made when the Bishops were present and did not consent as the Act of Conformity 1 Edw. 6. and of Supremacy 1 Eliz. 4. That in Parliament though the Bishops dissent in any matter yet the major part of the Barons agreeing it and the House of Commons concurring It shall pass as an Act because the Bishops Votes are over-ruled by the major Vote of the Barons 5. That the Bishops cannot sit in case of Blood in Judicature but they may sit to enact Laws yet not to give assent for execution of them in case of any Murder or Blood In his second Case he had this Point Whether any beneficed Clerk were capable of Temporal Jurisdiction at the time of making that Law To this he argued in the Negative 1. That the first Clergy-men that ever were made Justices of the Peace or had power in Temporal Jurisdiction were the Bishops of Durham and York 34 E. 3. nine years after this Act so not a Principio but a Tempore 2. That before the Statute of Conformity 1 Edw. 6. the Clergy were not put in Commission for Temporal Power and the reason of their being then admitted was to perswade the people to Conformity not to give Judgment against them 3. If in Conscience because of their spiritual Calling they hold it not fit for them to meddle in temporal Causes they may refuse In his third Case he had this Point Whether a Bishop without calling a Synod have power as Diocesan to Convict an Heretick To this he argued in the Negative That although by the bloody Statute of 2 H. 4. some supposed grounds may be raised for maintenance of that Authority yet it is not full and besides which is the main reason the Commons did not assent to the making of that Law For he said He had searched the Records and found that Act only past by consent of the Lords spiritual and temporal and the Commons not mentioned therein His Arguments being reported at Court he was commanded not to proceed in his Reading He repaired to the Lord Keeper with the Heads of his Arguments who said It was good Law but not seasonably delivered and that as he was prohibited by the King so he must have his Licence or else he could not proceed in his Reading and advised him to move the Archbishop Laud therein After the Reader had twice attended at Lambeth without admittance the third time he spake with the Archbishop who told him That he had fallen upon an unfit Subject and in an unseasonable time and that it would stick closer to him than he was aware of The Reader excused himself That he had chosen this Statute two years before and could not alter suddenly what he had before framed That the business about Bishops in another Kingdom did not concern this and that he had no ill Intentions The Archbishop answered That perhaps he had done better to have given it quite over at the first than to suffer by it as he was like to do The Reader replyed That what he had delivered was good Law and he was able to maintain it and would stand by it and hoped he need not to fear any man's power in regard his Cause was lawful and warrantable but he humbly desired his Majestie 's leave to finish what he had begun The Archbishop said His Majesty had otherwise resolved of it So the Reader came away and shortly after went out of Town accompanied with fourty or fifty Horse and in good credit with the Gentlemen of that Society Anno 1640. Car. 16 April 13 1640. The Parliament met when the Earl of Strafford was led into the Lords House by two Noblemen to take his place according to his Degree He gave an account to the House what he had done in Ireland having there obtained a Grant of the Parliament of Four Subsidies for the maintenance of ten thousand Foot and fifteen hundred Horse And it was urged by some as a good President for the Parliament of England The Lord Cottington reported in the Lords House That by the King's Command he and Secretary Windebank and the Attorney General had examined Lord Louden in the Tower touching the Letter of the Covenanters to the French King That Louden acknowledged the hand-writing to be his and that it was framed before the Pacification at Berwick to be in readiness but was never sent to that King And that it was supprest upon the Pacification The Lords nevertheless thought fit that Louden should be continued in the Tower until further Evidence either to convict or to clear him Glanvill who had engaged to be a better Servant to the King than formerly was now Speaker of the House of Commons and very active to promote his Majestie 's desires whereof he gave sufficient testimony and of the change of his former Opinion A Message was sent by the King to the Commons which was for Supplies representing to them the intollerable Indignities and Injuries wherewith the Scots had treated him and he declared that if the House of Commons would assist him suitable to the Exigency of his Occasions he would quit his claim of Ship-money and give them contentment in all their just Demands This Message did take much with the House the Speaker Sir John Wray and others cried it up yet they first insisted upon a Security in three Points 1. For clearing the Subjects Property 2. For establishing Religion 3. For the Privilege of Parliament Many Conferences were between the Lords and Commons and warm Debates in both Houses upon the old Question Which should precede the King's Supply or the Subjects Grievances In the debates Strafford was magnified for being a chief Instrument to bring on this Parliament at length the Lords after a strong division Voted for the King and the House of Commons for the Subjects But it was not long ere this difference was unhappily decided Secretary Vane who by the King's appointment was to make known the particulars of his Desires demanded Twelve Subsidies At which high and unreasonable Demand as some called it many of the House of Commons were greatly distasted and expressed themselves to that purpose yet were generally inclined to have given no usual or lean Gift the Gift of Six Subsidies Sir Henry Vane escaped not without his Censures That his Commission from the King was but to demand six Subsidies and that his mistake in requiring twelve Subsidies was industrious and on purpose to raise the House to animosity Which took effect but whether intended so or not is hard to judge The King advising with his Juncto the averseness of the House of Commons to any compliance with him and their sharp Debates upon the old score of Grievances was rendred to him so desperate that May 5th he ordered the Dissolution of that Parliament The Councel given to Dissolve this Parliament was greatly and generally disliked and the differences between the King and
it said in former Debates in other matters in this House that such and such a thing was of as great concernment as ever came within these Walls I am sure it may be said so of the matter of your present Debate it is truly of the greatest concernment that ever came within these Walls It highly concerns us all and our Posterity after us where the Power of this Militia shall be placed This great Power which indeed commands all men and all things cannot be too warily lodged nor too seriously considered and I do heartily wish that this great Word this new Word the Militia this hard Word might never have come within these Walls But that this House may be as the Temple of Janus ever shut against it I take the meaning of those Gentlemen who introduced this Word to be the Power of the Sword Potest as Gladii which is a great and necessary Power and properly belonging to the Magistrate Potest as Gladii in Facinerosos without which our Peace and Property cannot be maintained But Potest as Gladii in Manibus Facinerosorum in the hands of Souldiers is that whereof you now Debate and it is best out of their hands I hope it will never come there Some worthy Gentlemen have declared their Opinions that this Power of the Militia is by Right and Law in the King onely others affirm it to be in the Parliament onely I crave pardon to differ from both these Opinons I humbly apprehend that this Power of the Militia is neither in the King onely nor in the Parliament and if the Law hath placed it any where it is both in the King and Parliament when they joyn together And it is a wise Institution of our Law not to settle this Power any where but rather to leave it in dubio or in nubibus that the People might be kept in ignorance thereof as a thing not fit to be known not to be pried into It is the great Arcanum Imperii and the less it is meddled with the less acquaintance we have with it the better it will be for all sorts of persons both for King and People That this Power of the Militia is not in the King onely appears in this that the Power of Money is not in the King but it will be granted here that the power of Money is solely in this House and without the Power of Money to pay the Souldiers the Power of the Militia will be of little force But if the Power of the Militia should be in the King yet the Power of Money being in the Parliament they must both agree or else keep the Sword in the Scabberd which is the best place for it It is true that the King by his tenures may require the service in War of those that hold of him but if they stay above 40 days with him unless he give them pay they will stay no longer And it is also true as hath been observed that our Law looks upon the King as the Jewish Law did upon theirs that by his Kingly Office he is to go in and out before the people and to lead them in Battel against their enemies but by the Laws of the Jews their King could not undertake a War abroad without the consent of the great Sanhedrim And by our Law as is declared by the Statute 1 E. 3. and by divers subsequent Statutes the King can compell no man to go out of his Countrey but upon the sudden coming of strange Enemies into the Realm and how many of our Parliament Rolls do record that the King advised with his Parliament about his Foreign Wars and could not undertake them without the Advice and Supplies of the Parliament All Power of the Militia is exercised either in Offence or Defence Defence is either against the Invasion of Enemies from Abroad or against Insurrections at Home Against Insurrections at Home the Sheriff of every County hath the Power of the Militia in him and if he be negligent to suppress them with the posse comitatus he is finable for it Against Invasions from Abroad every man will be forward to give his assistance there will be little need to raise Forces when every man will be ready to defend himself and to fight pro aris focis As to Offensive War against a Foreign Enemy if the King will make it of himself he must of himself pay his Army which his own Revenue will hardly afford nor can he compell any of his Subjects to serve him in those Wars none can by Law be pressed to serve in the War but by Act of Parliament But not to waste more of your time Sir I shall conclude that in my humble Opinion the Power of the Militia is neither in the King alone nor in the Parliament but if any where in the eye of our Law it is in the King and Parliament both consenting together And I think it best that it should be there still I cannot joyn in that advice to you to settle the Militia of your selves without the King but rather with those worthy Gentlemen who have moved that we yet again should petition his Majesty that the Militia may be settled in such hands as both he and you shall agree upon whom you may trust and who I hope will be more carefull to keep it sheathed than to draw it After a long Debate in the House upon this Matter they resolve to move the King that Sir John Biron may be put out from being Lieutenant of the Tower and Sir John Conyers to succeed him which was granted Then they proceed to nominate fit persons for trust of the Militia in the several Counties and pass an Act To disable all Clergy-men from exercising any Temporal Jurisdiction The King sends a Message to them That to satisfy and compose all Differences he will by Proclamation require all Statutes concerning Popish Recusants to be put in execution That the seven condemned Priests shall be banished and all Romish Priests within twenty days to depart the Kingdom He refers the consideration of the Government and Liturgy of the Church wholly to the two Houses And offers himself in Person to the Irish War The Lords and Commons petition the King That though he find cause to desert the prosecution of their Members yet the Charge against them reflects upon the whole Parliament they desire to know the Informers and their Suggestions to be proceeded against as by the Statutes 37 38 E. 3. Then they ordain the Power of the Militia for defence of the Parliament Tower and City of London under the Command of Skippon a faithfull and able Souldier And petition the King for settling the Militia of the several Counties on such as they had nominated to which the King respited his Answer till his Return from Dover whither he accompanied the Queen and their Daughter going for Hollaud Febr. 15. That pious and worthy Judge Sir George Crooke having attained near the
Thomas Widdrington Sir Thomas Beddingfield Mr. Keble M r Thorpe and M r Bradshaw Out of Lincolns Inn M r Sollicitor M r Samuel Brown M r Recorder Glyn and M r Earle Out of the Middle Temple Mâ— Whitelock Mr. Coniers and Mr. Puleston Out of the Inner Temple Mr. Chapman Mr. Gates and Mr. Will. Littleton Order that Serjeant Rolles should be made Lord Chief Justice of the Kings Bench that Serjeant Iermyn and Mr. Samuel Brown should be made Justices of the same Court That Mr. Sollicitor should be chief Justice of the Common-Pleas Sir Thomas Bedingfield and Mr. Serjeant Creswell should be Justices of that Court. That Serjeant Wilde should be Lord chief Baron of the Exchequer and Mr. Gates a Baron of the Exchequer That Mr. Whitelock should be Attorney General of the Dutchy and one of the Kings Serjeants that Mr. Prideaux should be Sollicitor General and Sir Thomas Widdrington one of the Kings Serjeants The House approved of all those whom the Commissioners of the Seal named to be Judges and Serjeants except Mr. Hatton of the middle-Temple upon whom the question was not put 13. Vote that leases renewed with Deans and Chapters since a day past should be void An Ordinance past by the Commons for abolishing Deans and Chapters c. An Ordinance past both Houses for the Governour of Dover-Castle to be Lieutenant of it Vote for a charge to be prepared against Mr. Dowcet The Declaration prohibiting the Souldiery from repayring to London upon pretence of having their arrears was past and ordered to be Printed and published and sent to the several Sheriffs to be proclaimed Letters from the Isle of Wight that the King had consented 1. That an Act of Parliament be passed to make void the Cessation and all Treaties and conclusions of Peace with the Rebels in Ireland without the consent of both Houses of Parliament and the Prosecution of the war there to be left to the two Houses and the King to assist them and do no Act to hinder or disturb them 2. The Reformation of Religion in Ireland to be settled by the Parliament of England 3. The Chief Governours and Officers in Ireland to be nominated by the Parliament of England This to be for twenty years from 1. July 1648. 14. Voted for the Lord Admiral to continue at Goree in order to the reducing of the revolted Ships and orders for the Committee of the Navy to make provisions and take care for mony for the Fleet. 16. Upon a Petition of the Common Council of London for a supply of ministers in the City and for an allowance to them out of Deans and Chapters Lands referred to a Committee to consider thereof and of the want of a good ministry in other Parts of the Kingdom Order that those who took a Bark at Rye of the Kings Party should have the benefit of it Debate about satisfying of a debt out of Sir Jo. Stowells Estate to Sir Henry Holcroft but not allowed and an order for tryal of Sir John Stowell Letters that Lieut. General Ashton relieved Cockermouth and pursued the Enemy to Appleby which was rendred to the Parliament and taken in it five Knights twenty five Colonels nine Lieutenant Colonels six Majors forty six Captains seventeen Lieutenants ten Cornets three Ensigns five Pieces one thousand two hundred Horse one thousand Arms and all their Bag and Baggage Letters that Lieutenant General Cromwel was received with great Ceremony at Edenburgh where he demanded that none who had been in Action in the late wicked Ingagement and Invasion might hence forward be imployed in any publick Place of Trust to which the Committee of Estates there gave a satisfactory answer He had also visits and Conferences with Commissioners from the Kirke and from the Provost and Magistrates of Edenburgh and a strong Guard of Souldiers at his Lodging At the time of his being at Edenburgh several other demands were made by him to the Committee of Estates who gave him very fair answer and he reserved liberty for the Parliament of England to make such further demands as they should think requisite The Charges of Lieutenant General Cromwels entertainment and of all his Company during the time of their being at Edenburgh were defraied by the Lord Provost of the City by Order of the Committee of Estates and Cromwel Haselrigge and the rest of their company were entertained by General Leven the Lord Argyle and many other Lords at a sumptuous Banquet in the Castle At their going away the Castle Saluted them with many great Guns and Vollies of small Shot and divers Lords convoyed them out of the City That in Edenburgh was a Proclamation for all Malignants to depart the City and not remain within six miles of it 17. The House Voted to Adjourn for six days but the Lords dissenting they recalled ' their Vote Upon Letters from Colonel Ashton of the surrender of Appleby Castle referred to the Committee of the North what to do with the Castle and how to secure the Arms Ordnance and Ammunition there in Lancaster Castle and gave thirty pounds to the Messenger Letters from Lieutenant General Cromwel of his proceedings in Scotland and his return to Carlisle the House approved of it and ordered a Letter of thanks to be written to him The Commons Voted Sir William Parsons and Sir John Temple to be Commissioners for the Great Seal of Ireland and dissented from the Lords who Voted to have a Chancellour there Letters from the Isle of Wight that the King had assented to all the Propositions except that of the Church with some qualifications That an Act be passed for raising Monies to pay the publick Debts and if the King assent not to it that then if it pass both Houses it shall be valid in Law That by Act of Parliament all Peers made since the Lord Littleton carried away or that the Great Scal was carried away to Oxford May 10. 1642. and who shall hereafter be made shall not sit or Vote in Parliament without the consent of both Houses and that all Honours and Titles conferred on any since May 20. 1642. shall be void Letters from the Hague that the Prince with the revolted Ships is still in Goree Road his Seamen discontented That the Lord Culpeppeâ— was sent to them with Mony and they said they might thank the Earl of Warwick for it that the Lord Culpepper was accused for betraying the secrets of the Prince to the Parliament and that the Lord Percy was committed for giving the lie in the Prince his presence Letters that the Lord of Ormond was landed at Wexford in Ireland and brought with him four thousand Arms and five hundred Curassiers part of the Supply designed for the Scots That the English Army were in great want of pay and provisions 18. Letters from the Lord General Fairfax intimating the proceedings of the Army and that several Petitions were promoting among the Souldiery of the
have some other form of Prayer in his own Chappel The like concerning his consent to Bills to prevent the saying and hearing of Masse all unsatisfactory Order that the Commissioners do press his Majesty further for his final answer to the business of the Church and inform him of these Votes and the Lords concurrence herein to be desired Order of both Houses that the Committee appointed to draw the Kings concessions upon the whole Treaty into Bills do meet for speedy dispatch of that business 13. Vote upon his Majestie 's propositions 1. That a Committee named do draw up something for his Majesties coming to London and present it to the House and instructions for the terms his Majesty being already in freedom honour and safety at the Treaty 2. That it be referred to a Committee to consider of his Majestie 's desires concerning his revenues 3. That an Act of Oblivion shall be presented to his Majesty to be passed with such limitations as shall be agreed on by both Houses The Lords concurred with the Commons concerning the seven persons to be excepted from Pardon only instead of the Earl of New-Castle and Sir Jo. Winter they voted Sir Geo. Ratcliffe and the Lord Byron to be two of the seven Both House passed Instructions for the Commissioners of the Great Seal for the making of new Sergeants and the Judges according to the former orders of the Houses Justice Rolles to bring in his former Patent and to receive a new Commission under the Great Seal to be Lord Chief Justice of the Kings Bench. Mr. Brown to have seniority of Sergeant Jermyn Brown having been a Commissioner of the great Seale and the rest that were Commissioners of the Great Seal having had priority to plead within the Barr to be Seniors and Sir Thomas Bedingfield Mr. Recorder c. in order Letters from the General that having had a meeting of the Officers of the Army he apprehends their general sad resentment of the many pressures upon the Kingdom particularly that of free-quarter whereby they and the Souldiers who have faithfully served the Parliament are even a burden to themselves because they are so much to the poor Country Complains of the great want of pay and necessaries for the Army desires an effectual provision therein to prevent those ill consequences which otherwise delay therein may produce Letters from the North. That Lambert and his men received a dismission from the Committee of Estates and were upon their March for England and they gave him many expressions of thanks for his good service done to that Kingdom Lieutenant General Cromwell sent a summons to the Governour of Pontefract Castle to render it to the use of the Parliament and the Governour desired to be satisfied that he had power to perform the conditions The first Sergeants approved before the Commissioners of the Great Seal in the Queens Court but they did not call them in until the House of Commons had passed the order for the precedency of M r Brown before Sir Thomas Bedingfield and M r Recorder at which most of them did grumble 14. The account of Colonel Gould stated and allowed and four thousand four hundred and forty three pound ordered to him and an Ordinance for it transmitted to the Lords Ten thousand pound inserted into an Ordinance formerly past for five thousand pound for the guards of the Horse of the Parliament Debate about taking off free-quarter and disbanding Supernumeraries and a question for adding three thousand pound to the Establishment of the Army in regard of the Garrisons of Berwick and Carlisle past in the Negative which discontented the Army and was therefore thought by some to be put on the rather The Lords concurred in the banishment of the four persons voted by the Commons but in regard that three of them are Peers of the House they desired that the Ordinance for it might begin in their House A Message from his Majesty that he did consent to the little Catechism with the addition of a preface and also that the Parliament dispose of all great Offices for twenty years as they desire Letters from the Earl of Warwick and a Declaration in vindication of himself and the scandal cast upon him by a false Pamphlet and lying report that he resolved to joyn with the Prince in case the Treaty took not effect 15. Colonel Rossiter had the thanks of the House for his good services Vote that his Majestie 's coming to London shall be with honour freedom and Safety so soon as the concessions of the Treaty shall be agreed upon 2. That he shall have his Lands and revenues made good to him according to the Laws 3. What he shall pass away of his legal right he shall have allowance in compensation thereof 4. That an Act of Oblivion shall be presented to his Majesty c. Both Houses agreed to these Votes and to send them to his Majesty Upon Letters from Lieutenant General Cromwell of the wants of his Forces referred to the Committee of the Army to consider of the particulars and to supply them Order for two hundred and fifty Barrels of powder with match and bullet proportionable for the Forces before Pontefract and Scarbrough The Commons adhered to their vote to except the Earl of New-Castle and Sir Jo. Winter from pardon Letters from the Hague that Prince Charles was upon recovery that Prince Rupert was made Admiral and the Lord Gerrard Vice-Admiral that some of the revolted Ships were come in to the Earl of Warwick and those Sea-men that continued with the Prince were disorderly The Commissioners of the great Seal went into the Kings Bench where they sat in the middle the Judges on each side of them And there they did swear the Lord Chief Justice of that Court Judge Rolles and Sir Tho. Widdrington made a very learned speech to him From the Kings Bench they went to the Exchequer and sat in the Court the Barons on each hand of them and a great Company both of Lawyers and others thronging round about the Court there they did swear Serjeant Wilde to be chief Baron and Whitelock made the speech to him which because it clears some mistakes concerning the antiquity of that Court was thought fit to be here inserted M r Serjeant Wilde THE Lords and Commons in Parliament taking notice of the great inconvenience in the Course of Justice for want of the antient and usual number of Judges in each of the high Courts at Westminster whereby is occasioned delay and both Suitors and others are the less satisfied and being desirous and careful that Justice may be Administred more Majorum and equal right done to all men according to the custom of England they have resolved to fill up the Benches with persons of approved fidelity and affection to the publick and of piety Learning and integrity and having found by long experience among themselves that you Mr. Serjeant
greatness and found by Experience to be a grievance to the subject a hindrance of piety an incroachment upon the power of the Civil Magistrate and so a burthen to the persons purses and consciences of men Whereupon the Parliament finding it to be for the honour of your Majesty and profit of the Subject to take it away desire this Bill for that purpose not inedling with the Apostolical Bishop nor determining what that Bishops is whom the Apostles mention in Scripture but only to put him down by a Law who was set up by a Law Nothing can be more proper for Parliaments than to alter repeal or make Laws as Experience teacheth to be for the good of the Commonwealth but Admitting that Apostolical Bishops were within the purport of this Bill they humbly conceive it doth not follow that therefore in Conscience it must not be passed for they may not grant that no occasion can make that alterable which is found to have sure foundation only in the practice of the Apostles not in a precept For the Sale of Bishops Lands which his Majesty apprehends to be Sacriledge they humbly offer that Bishopricks being dissolved their Lands as of all Corporations naturally by the Laws of the Land revert to the Crown which is their founder and Patron and heretofore held it no Sacriledge to dispose of Bishops Lands to its own and others use by Act of Parliament which was an Ordinary practice in his predecessors Besides that they might say that in all ages and even under the Ceremonial Law imminent and urgent necessity especially by the publick hath dispensed with the otherwise imploying of Consecrated things As to that that his Majesty cannot communicate in a publick form of divine service where it is uncertain what the Minister will offer to God They answer that the Directory is certain as to the matter leaving it to the Minister to inlarge or express in words according to his discretion for the exercise of his gifts and they add that it can be no objection against joyning with a Minister in a Prayer not to know before hand the very words that he will say for then one must not hear any Prayer before Sermon where every several Minister hath a several form and must vary still according to occasion That what his Majesty hath already consented to concerning Bishops leaves it solely in his own power for their return again to their former power after three years and to have the Negative voice in Ordination which they humbly conceive the Scripture holds not forth to have been in that Bishop who is there mentioned in these Writings of the Apostles and consequently that which his Majesty endeavours to preserve not to be the primitive Office of a Bishop That the intention of the Parliament is not to Offer violence to his Majesties Conscience but that he will be pleased to rectify it by being better informed that both he and his People may have cause of rejoycing The Lord Grey of Groby had the thanks of the House for taking Marquess Hamilton Prisoner and dispersing a Brigad of his Horse The House spent almost the whole day in nominating Sheriffs for all the Counties of the Kingdom Many Rumours were of the Armies coming again to the Houses 24. Upon a Letter from the Lord Admiral Order touching the raising of twenty thousand pound for the Mariners that come in from the revolted Ships and for other affairs of the Navy and for providing money for the Summers Fleet. Vote for the Earl of Arundel to be admitted to his Composition for six thousand pound in regard he had suffered losses by the Parliament's Forces and that this six thousand pound should be paid for the use of the Navy 25. Orders touching Sheriffs Orders for Slighting the Garrisons of Ashby de la Zouch and Bulling-brook A Petition of one Maurice complaining of the arbitrary proceedings of the House of Lords concerning an Estate of three thousand pound per annum referred to be examined by a Committee Votes for disbanding Forces The Commissioners of the great Seal went into the Queen's Court and there they did swear Mâ— Prideaux to be the King's Sollicitor 27. Letters from Colonel Hammond with one inclosed from the General to him to require Colonel Hammond to repair to his Excellency to the Head quarters and that Colonel Ewers was appointed to take the charge of his Majesty in the Isle of Wight The Commons Voted Colonel Hammond to stay in the Isle of Wight to attend his Charge there and the General to be acquainted with this vote and Letters to be sent to the Admiral to send some Ships for security of the Isle of Wight and that they obey the Orders of Colonel Hammond Letters from the Head quarters that the Officers spent yesterday wholly in prayer that they consult how to effect what is in their Remonstrance and are resolute to bring Delinquents to punishment and to settle the Kingdom in peace with what necessary Laws are wanting for the benefit and ease of the subject and that a Petition came to the General from the Forces in Wales and in the North to expedite this work A Messenger brought word to Windsor that Colonel Ewers had the Custody of his Majesty and that Colonel Hammond was upon the way to Windsor Upon Information of the wants of Plymouth Garrison orders for raising four thousand pound for them and Colonel Welden to go thither Debate whether the new Sergeants should send a Ring to the King and put off Letters from the Leaguer at Pontefract that the Garrison Souldiers come away from thence and many move for Passes that they made a Sally and were beaten in again that all the Regiments in the North have petitioned the General against the Treaty and for Justice which were recommended and sent by Lieutenant General Cromwell to the Lord General 28. Order for Captain Skinner and the rest of the men in the Crescent Frigat lately taken to be brought to judgment for Pyracy after the Course of the Admiralty Order for Sequestrations of Delinquents in the North for raising money to disband the Supernumeraries there And for satisfaction of the Lancashire Forces Order touching new Sheriffs Order that the Estate of the Lord Lovelace be again sequestred if he refuse to pay five hundred pound to Colonel Temple as part of his arrears The Lord of Ormond knighted divers in Ireland 29. The publick Fast day Letters from Colonel Hammond with a Copy of the Orders from the General Council of the Army and their Letter to Colonel Ewers and others for securing his Majesties person in the Isle of Wight The House Ordered a Letter to the General to acquaint him that these Orders and instructions from him to Colonel Ewers for securing his Majestie 's person in the Isle of Wight were contrary to their resolutions and instructions given to Colonel Hammond and that it was the pleasure of the House that his Excellency recal the
to whomsoever should secure the Duke and notice sent hereof to my Lord Mayor A Messenger with one of the Warrants to be sent by the Post was stopped and examined by some Troupers in Southwark whom he told of the escape of Duke Hamilton Not long after as these Troupers marched about the streets they perceived a man knocking very earnestly at an Inn gate in Southwark and asked him what he was and his business he answered that he came to Dover Carrier who lodged there and he was to go down with the Carrier in his Waggon The Troupers more strictly observing him one of them told him he believed that he was a Scotch-man and that he had seen him in Hamilton's Army which he denyed but presently another of the Troupers said plainly he believed that it was Hamilton himself though disguised for he very well knew his favour and was at the taking of him and they had heard a little before that he had escaped out of Windsor-Castle Hereupon they presently searched him and found about him forty pound in gold a Diamond Ring valued at a hundred pound and other good prize for the Troupers who this morning brought him by Water to White-hall where a strong guard was put upon him The House gave one hundred and twenty pound to the Troupers who apprehended the Duke besides what they found about him Sir Lewis Dives escaped the last Night and Mr. Holder the Prince's Agent escaped through the House of Office in White-hall standing over the Thames The escapes of these persons put the House in debate of bringing Hamilton the Earl of Holland Laughern Poyer Powell and other chief Delinquents to a speedy Tryal They appointed a Committee to bring in an Act for constituting a Court for the Tryal of these persons and Ordered the Earl of Holland to be forthwith removed to London This being the monthly Fast-day it was moved in the House when they sate after the Sermons to have two Ministers appointed to preach as was usual the next Fast-day but some held the course of keeping a constant monthly Fast not to be so proper but savouring of too much formality and that it was fitter to appoint daies of publick humiliation upon special occasions upon debate whereof no Ministers were named to preach the next monthly Fast-day February 1648. 1. The Act passed That such Members as had voted 5. Dec. last that the late Kings concessions to the propositions were a sufficient ground for setling a peace in this Nation should not be readmitted to sit as Members of this Parliament And that such Members as were then in the House and gave their votes in the Negative should enter their dissent to the said vote and such as were absent to declare their disaproving thereof before they be admitted to sit as Members Many Members declared their dissent to that vote Voted that Duke Hamilton the Earl of Holland Lord Goring Lord Capel and Colonel Owen shall be the next persons to be proceeded against for justice After this the Lord Capell by a desperate attempt escaped this Evening out of the Tower over the Moat and Warrants were sent out and one hundred pound promised to any that should take him A Message from the Lord for a Committee to be named of both Houses to consider of a way to settle this Nation Order to consider to morrow whether the Lords Messenger should be called in or not and whether the House should take any cognizance thereof Order for adjourning the Term for eight days A Petition from Surrey That the Militia may be put into faithful hands and Neuters and suspected persons rendred uncapable of trust That Magistrates and Officers may be chosen by the well affected persons and Delinquents neither to chuse nor to be chosen That Tythes may be taken off and a more â—ust way provided for the maintenance of the Ministry That a Committee for accounts may be in each County and that free-quarter may be taken off This Petition was referred to a Committee and the House took notice of the seasonableness of it and the good affections of the Petitioners and gave them thanks The High Court met to prepare matters for the Tryal of Duke Hamilton the Earl of Holland and others The Commissioners of the Seal met but did not think fit to seal any Writs or do any business because of the Kings Death 2. A Petition from Kent to the same effect with that of Surrey referred to the Committee for settlement and the Petitioners had thanks Vote for this Summers Fleet to be seventy three Sail of Ships and about six thousand men this upon conference with Merchants and for dispersing the Prince's Fleet and incouragement of trade Orders for victuals and money for this Fleet. Divers Members of the Parliament of the Army of the City and private Gentlemen in all to the number of sixty whereof fifteen to be of the Quorum were by Act made a High Court of Justice for Tryal of Duke Hamilton the Earl of Holland and others Order for establishing Colonel Henry Martyn's Regiment Upon the Dutch Ambassadors desire Ordered that what was delivered by them to the House in relation to their Ambassie may not be printed Order for Colonel Reynolds Regiment to be compleated and added to the establishment 3. The Act passed for the new High Court of Justice Divers Members entered their dissent to the Vote 5. Dec. last Two Water-men of London discovered and apprehended the Lord Capell in a house at Lambeth the House gave forty pound to the Water-men 5. Debate till six a Clock at Night whether the House of Lords should be continued a Court of Judicature or a Court Consultatory only and whether it should be referred to a Committee to consider what power or constitution the Lords should have and it being dark it was upon the question carried in the Negative not to have Candles and the debate adjourned till to morrow The Lords sent again for a Committee of both Houses to consider of setling the Kingdom but their Messengers were not called in An answer agreed to the Dutch Ambassadors returning thanks to the States for their desire of continuing amity with this Kingdom professing their desire of the like and care to continue the same They thanked them also for their grave advice concerning the King and let them understand that the Commons of England had proceeded according to the Laws of the Land in what they had done and as they leave all other Nations and Kingdoms to move according to their rights and Laws so they hope none will think ill if they Act according to those of England and that they shall be alwaies ready to shew themselves Friends to the Vnited Provinces The High Court of Justice sate in the Painted Chamber and elected the Lord President and Officers as were before they agreed upon a Proclamation That they had adjourned themselves till to morrow morning in the
a Pass for himself and his attendants forty Horse but none other to go over with him Report by Lieutenant General Cromwell from the Committee of Estates that according to the Order of the House nineteen of the Committee had subscribed for approving the Kings execution but that two and twenty of the Committee had refused Not but that they confest except one the Commons in Parliament to be the supreme power of the Nation and that they would live and dye with them in what they should do for the future But they could not confirm what they had done in relation to the King and Lords this report was committed Debate about disbanding the Kentish Forces and referred to a Committee to examine the publishing of Papers to Proclaim the Prince to be King The high Court of Justice sate and witnesses proved that the Earl of Cambridge was Prisoner to the Lord Grey before the Articles with Major General Lambert were concluded Letters produced signed with his own hand to Sir Marmaduke Langdale touching the carrying on of the design in England and passages touching his Friends in Colchester Proved also that he was called by the late Kings Writ to sit in Parliament in the Lord Houses by the name of Earl of Cambridge and appeared as Earl of Cambridge and acted as a Peer of England sitting in the Lords House and in divers Committees That as a Peer of England he took the National Covenant and subscribed to it Cambridge in the House of Peers and took the Negative Oath before the Commissioners of the Great Seal as a Peer of England Letters from Scotland that Sir Joseph Douglas was chosen by their Parliament to go to their new Proclaimed King to acquaint him with what the Parliament had done and to desire him to take heed of evil Counsellours That they are putting the Kingdom into a posture of defence Colonels chosen in all the Shires and every fourth man to be arrayed and trained Letters from Pontefract that one Beaumont a Priest was executed for corresponding with the Garrison in Characters and he chose to dye rather than to discover the Characters At the Council of State they were all demanded to subscribe the test appointed by Parliament for approving all that was done concerning the King and Kingship and for taking away the House of Lords and against the Scots invasion c. All the Lords and divers other Members of the Council refused to subscribe this test the General desired to be spared for what was past as to subscribing but he and the rest of the refusers affirmed that for the future if the Parliament thought them worthy to be imployed they would joyn with them and faithfully serve them Many of the Commons refusers to sign it as it then was made divers scruples some to one part of it some to another Whitelock scrupled that part of approving the proceedings of the High Court of Justice because he was not privy to them nor did know what they were in particular nor ever heard any report of them made to the house and not knowing what they were he could not sign that paper to approve of them the like was said by divers others 20. Offer for Merchants approved to send out Ships at their own charge in the next Summers Fleet. Order for three thousand pound for the Maimed Souldiers and for Sale of the Crown Jewels Hangings and goods to raise money for the Navy An Act for the Commons to call Common Councels in London Debate about the Act for Sale of Deans and Chapters Lands 21. Letters directed from the House to the Judges in their Circuits to give order for due payment of the Excise and that all rioters against it be punished Upon a report from the Council of State an Act passed for repealing the Commission to the Earl of Warwick as Lord Admiral and an Act Ordered to be brought in giving power to the Commissioners of the Navy to command the Fleet as the Lord Admiral had done An Act passed for the Company of Weavers in London The Hart Frigat revolted to the Prince the Sea-men set the Captain on shore the Prince was courted at the Hague as King but not by the States publickly The High Court of Justice sate and their order was read to the Lord Capel that they would hear what he could say this day and then proceed to judgement He said he was to be comprehended wholly in the Martial Law and urged the Articles again which excepted Tryal after by Parliament that divers that were in Colchester in his condition had compounded That breaking Prison for Treason by Common Law was but felony and benefit of Clergy might be had at last when he could not get the resolution of the Court to be referred to a Tryal by Martial Law He moved that he might not be barred of additional defence and that if he must be judged by the Common Law he hoped he might have the full benefit of it He urged for it the late Act which saith though King and Lords be laid aside yet the fundamental Laws shall be in Force He recommended to the Court Magna Charta and the Petition of Right and prest the consideration of the Act made in favour of those who assisted K. Hen. 7. and the exception in the Acts touching the Lord Strafford and Canterbury that they should not be drawn in precedent He desired to see his Jury and that they might see him and to be tryed by his Peers and said he believed that a precedent could not be given of a subject tryed for his life but either by Bill in Parliament or by a Jury Witnesses were heard against the Earl of Cambridge 22. Debate about the business of the Navy and to incourage the Sea-men Order that the Councel of State take care for preserving the Library Medals and Statues at St. James's An expedient assented unto for the Members of the Council of State that they should subscribe the test to approve of what shall be done by the Commons in Parliament the supreme Authority of this Nation but nothing of confirming what was past Referred to the Council of State to take care for the preserving of Timber for the Navy The Earl of Cambridge brought before the High Court produced his witnesses some of whom were disallowed being Officers under him and so Participes Criminis He pleaded that he had not broken the Negative Oath for he had not ingaged against the Parliament but for the ends in the Scots Declaration His Council moved that they might with the Council of the Common-Wealth state the case of the Earl but this was denyed being in case of Treason and that the Earl's Council could only declare their opinions in point of Law Upon the Earl's desire he had further time granted him The Council of the Army Ordered some to prepare a draught of such things as might be presented by them to the
as both shall agree to stand with the Laws of Ireland 13. That the Council table meddle only with State matters 14. Act against transporting wooll to be null 15. Those wronged by grants to have relief 16. Wronged persons to have right 17. Restitution of Estates 18. An Act of oblivion to pass 19. Customs not to be farmed and Monopolies to be taken away 20. The Court of Castle-Chamber to be regulated 21. Acts forbidding ploughing with Horses by the tayl and burning Oats in the Straw to be nulled 22. An Act to take off grievances 23. Maritime causes to be determined in Ireland 24. No rents to be raised under pretence of defective titles 25. Interest money to be for given from 1641. 26. All this to be acted till a Parliament agree it 27. That the Catholick Commissioners agree upon such as shall be Justices of Peace and hear all causes under ten pound 28. All Governours of Forts to be by approbation of the Catholick Commissioners 29. None of the Kings rents to be paid till a further settlement by Parliament 30. Power of the Commissioners of Oyer and Terminer 31. Differences in Ireland to be tryed there and not in England 32. The Roman Clergy not to be molested 33. That his Majesty grant whatever else is necessary for the Catholicks Prince Rupert was upon the Irish coast with sixteen Ships many vessels were taken by him A Petition to the General and his General Council of War from the well affected Inhabitants of Lincolnshire much to the same effect with others lately presented to him and to the Parliament and which are before mentioned Two men measuring some ground in Windsor forest were asked by what Authority they did it they showed a kind of Warrant from Lieutenant General Cromwell desiring all Officers of the forest Souldiers and others to permit these men to set out some Land c. in regard there was no Justice in Eyre It were to be wished that such men as Lieutenant General Cromwell would not so irregularly meddle with such matters as these are the men were forbidden to make any divisions of the Land or ditches about it till further order 27. A Declaration passed that a Book lately published entituled the second Part of Englands new Chains discovered contained matter false Scandalous Seditious Mutinous and tending to raise a new War that the Authors and publishers of it were guilty of Treason and referred to the Council to find them out Anno 1649 Letters from Major General Lambert with the Articles of the surrender of Pontefract Castle A Letter and Petition from the Grand Jury of Yorkshire acknowledging with humble thanks the justice of the Parliament in their late proceedings and ingaging to joyn with them and desiring Pontefract Castle may be demolished and some other Forts thereabouts Vote for three hundred pounds per annum to be setled on Major General Lambert out of Pontefract honour for his good service The Lancashire Forces submitted to disband and quitted Clithero Castle Order for that Castle to be demolished and that the Council of State consider what other Inland Castles are fit to be demolished Sir Henry Cholmely sent for upon complaints against him Instructions for the Scots Commissioners to their new King were 1. That he take the Covenant 2. To put from him all who have assisted his Father in the War particularly Montross else not to Treat with him 3. To bring but one hundred with him into Scotland and none who have assisted his Father in Arms. 4. To bring no Forces into Scotland from other Nations without their consent Marquess Huntley was beheaded at the Cross in Edenburgh Letters from the Hague that the Queen of England invited Prince Charles her son into France that the States inhibited their Ministers from insisting upon matters of State and in their Pulpits and particularly not to meddle with Englands or other Kingdom 's proceedings 28. Upon a Report from the Council of State of the particulars for incouragement of those who shall ingage for Ireland with Lieutenant General Cromwell the House referred them back again to the Council to perfect Upon a Report from them of the Earl of Ormond's proclaiming the King in Ireland c. the House voted the Earl a Traitour and an Act to be brought in to attaint him Order for a Letter of thanks to Colonel Jones and a gratuity Order that no Ministers shall teach in their Pulpits any thing relating to State affairs but only to preach Christ in sincerity and an Act to be brought in for penalties to those who shall do otherwise Orders for money given away A new day given to the Lord Mayor to conform to the order for proclaiming the Act against King-ship or to give an account to the House why he hath not done it 29. The House sate not The Council of State upon examination of Lilburn Walwyn and others who owned the Book called England's new chains did commit them to the Tower The Estates of the Netherlands summoned and examined their Ministers and disallowed what they had done in relation to King Charles II. And forbad them all to meddle with State matters in their Pulpits without leave of the Magistrate The Council of State perfected the particulars for incouragement of those who shall ingage for Ireland and Lieutenant General Cromwell declared himself willing to undertake that service 30. Vote that Gresham Colledge be not exempted from the assessment to the Army nor the Doctors in Doctors Commons nor the Counties in Wales formerly exempted Order that the Speaker do sign such Letters as shall be thought fit by the Council of State to the States of Hamburgh touching Merchants Upon a Petition of the Borough of Southwark of the inequality of their rates with the County of Surrey the House held their desires just and Ordered that in all future rates they should pay the eight part of that assessed upon the County of Surrey Order for the Committee of Goldsmiths Hall to form the Votes concerning compositions of Delinquents and to have them printed and published that none may plead ignorance of them Referred to the Committee of the Army to make provision of four thousand Cassocks and breeches to be disposed of by the General to his Foot Souldiers in regard of the smallness of their pay Upon the Report of Alderman Atkins that the Lord Mayor desired to be excused from proclaiming the Act for abolishing Kingly Government the House Ordered that he be summoned to attend at the Bar to answer his contempt and disobedience herein 31. Upon a Report from the Council of State that Lieutenant General Cromwell accepted of the service for Ireland and would endeavour to the utmost of his power with Gods assistance to carry on that work against the Rebels and all that adhere to them Voted that the House doth approve of Lieutenant General Cromwell to be Commander in chief of all the
Execution of Civil affairs may be wholly freed from the interposition of the Sword and that Martial Law during the times of Peace when all Courts are open may not be exercised upon the persons of any according to Magna Charta and the Petition of Right Nothing done upon these Petitions The Inhabitants of Pool subscribed an ingagement to adhere to and assist their Governour by Authority of the Parliament or the General and to discover all Plots to the prejudice of the Parliament Letters from Scotland that they are raising Forces to the number of fifteen thousand Horse and Foot Letters from Dublin that the Scots in Vlster are again on Foot with the Govenant and a Declaration against the Army in England which they call the Sectarian Army that murdered the King that they have taken in some Towns there That Dublin expected to be besieged by Ormond That eight of Prince Rupert's Ships went to Scilly and he with sixteen more went to block up the Road of Dublin 17. Letters reported by the Council of State that the Scots in Vlster had declared for King Charles the Second had taken several places and were set down before London-Derry That they demanded the delivery of the Town for the use of the King and the Governour Sir Charles Coot to depart the Kingdom That Ormond with a party was come within thirty miles of Dublin The House referred it back to the Council of State to take speedy care hereof An Act passed for the Judges of the Admiralty and for judging of Prizes at Sea and for incouragement of Seamen An Act passed for appointing the Lord Mayor Andrews Sir John Woolaston Alderman Dethicke and Mr. Allen to be Treasurers for the ninety thousand pounds per mens Assessment Debates about taking away of Tythes and setling a sufficient maintenance for the Ministry another way as by an Assessment of twelve pence per pound upon Lands by Deans and Chapters Lands Impropriations c. Order for ten thousand pounds for Ireland out of the Welch Compositions Order to send to the City to summon all the Companies to meet and consider their own interest about London-Dery to hasten the advance of the Monies for Ireland and about sending a Message to the Scots to withdraw their Siege from London-Derry The Council of State had intelligence of new Levellers at S t Margarets Hill near Cobham in Surry and at St. George's Hill and that they digged the Ground and sowed it with Roots and Beans one Everard once of the Army and who terms himself a Prophet is the chief of them and they were about thirty men and said that they should be shortly four thousand They invited all to come in and help them and promised them Meat Drink and Cloaths they threaten to pull down Park Pales and to lay all open and threaten the neighbours that they will shortly make them all come up to the Hills and work The General sent two Troops of Horse to have an account of them 18. Another Petition on the behalf of Lilburn c. to the like effect with the former which had a quick answer from the House and that the Prisoners should be proceeded against according to Laws in force before their crimes committed Debate upon the Act for Sale of Deans and Chapters Lands and several Votes past for allowances to Ministers and Scholars out of the Revenues of those Lands to the Value of above twenty thousand pounds per annum And for the arrears of the Souldiers to be charged upon the Parks and Lands belonging to the Crown and left to the Lord General and Council of the Army to propound six Persons to be approved by the House to joyn with others whom the House will name as Trustees for disposal of those Parks and Lands for that use and the Attorney General ordered to bring in a Bill for this purpose Upon the Petition of the Lady Capel referred to the Committee of Complaints to examine it and in the mean time Ordered that the Sequestrators do forbear to cut down any more Woods or Timber upon the Lady Capels Lands Upon a Charge in a Petition against Mr. Edward Vaughan a Member of the House he was Ordered to attend and answer it Letters from Sir Charles Coot of his being straitly besieged in London-Derry and that without speedy relief he must be forced to surrender Ormond sent a second and more peremptory Summons to Colonel Jones at Dublin Letters from the Hague that since the news of Cromwels ingaging for Ireland the Prince hath no mind to go thither 19. A Solemn Fast kept by the Commons the Lord General and Officers of the Army 20. Several Members of the House appointed to go to the Ministers that preached yesterday and to give them the thanks of the House Order for the third of May next to be a general Fast-day and a Committee appointed to bring in an Act for dissolving the former Ordinance for a Monthly Fast and to injoyn the observance of such Fast-days as from time to time shall be appointed by Parliament An Act recommitted for discharging poor Prisoners who are not able to pay their debts and to compel such as are able to pay and the Committee to confer with the Judges Everard and Winstanly the chief of those that digged at S t George's Hill in Surry came to the General and made a large Declaration to justify their proceedings Everard said he was of the race of the Jews that all the liberties of the people were lost by the coming in of William the Conquerour and that ever since the people of God had lived under Tyranny and Oppression worse than that of our Forefathers under the Egyptians But now the time of the deliverance was at hand and God would bring his people out of this slavery and restore them to their freedom in injoying the Fruits and Benefits of the Earth And that there had lately appeared to him a Vision which bad him arise and Dig and plow the Earth and receive the Fruits thereof that their intent is to restore the Creation to its former condition That as God had promised to make the barren Land fruitful so now what they did was to renew the ancient Community of injoying the fruits of the Earth and to distribute the benefit thereof to the poor and needy and to feed the hungry and cloath the naked That they intend not to meddle with any mans Propriety nor to break down any pales or inclosures but only to meddle with what was common and untilled and to make it fruitful for the use of man that the time will suddenly be that all men shall willingly come in and give up their Lands and Estates and submit to this Community And for those that will come in and work they should have meat drink and cloaths which is all that is necessary to the life of man and that for money there was not any
of the House and of the City ordered to return the hearty thanks of the House to the Lord Mayor Aldermen and Common Councel for their great Love and Civilities yesterday expressed to the Parliament and Army Referred to a Committee to consider what mark of Honour and Favour the Parliament should bestow upon the City for their real Affection to the Parliament Some Aldermen and Common Councel men in the name of the Lord Mayor Aldermen and Common Councel presented the Lord General with a large and weighty Bason and Ewer of beaten Gold as a testimony of the Affections of the Giny to his Excellence They also presented from the City to the Lieutenant General Cromwel Plate to the value of 300 l. and 200 Pieces in Gold 9 A long debate touching absent Members voted that those who gave their Votes for Addresses to be made to the late King should state their Cases in Writing by a day to a Committee for absent Members which if they neglect to do then Writs to be issued out for new Elections in the places of those who shall so neglect 11 Debate touching the Earl of Chesterfields Composition Letters from the Countess of Leicester and the Earl of Northumberland for allowance for the late Kings Children referred to the Committee of the Revenue to provide Monies for them Order for demolishing Montgomery Castle and allowance to the Lord Herbert for his Damage thereby out of his Fine Order for demolishing Winchester Castle and Reparation for the Damage thereby to Sir Willi-Waller The like for Belvoir Castle and for Reparation of the Damage thereby to the Earl of Rutland referred all to the Councel of State The Act passed for relieving Persons comprized in Articles Another for altering the Original Seales of Caermarthen Pembroke and Cardigan Another for altering the Seal of Nisi-prius of the Common Pleas. Order that the Members of the House and of the Councel of State the Lords Commissioners of the Great Seal and Judges do attend the Funeral of Dr. Dorislaus Letters that the Parliament of Scotland took many exceptions to the Letter sent to them from the Parliament of England That they go on in raising Forces but the Quelling of the Levellers in England did not please them But they bewaile the suffering condition of their Preshyterian Brethren in England That in Scotland are many English Officers and Soldiers who expect imployment when their new King cometh and are out of Patience and Mony by his longstay that the Scots fear a Famine and Execute very many for Witches 12 Order for 6000. Men for the Summer Guard to be Proportioned to the ships and 3000 for the Winter Guard Referred to the Commitee of the Army to conferre with the Councel of State touching the number of Forces to be kept up and the Pay of them Referred to a Committee to prepare an Act upon Sir Henry Vane's report touching the Excise The new Judges were Sworn in the several Courts And it came to Whitlock's turn to make the Speech to those who were sworn Judges of the Common-Pleas Who were Mr. Sergeant Penleston and Mr. Sergeant Warberton Wherein amongst other matters he told them of their being the first Judges Publickly Sworn in this Common-wealth and spake to them concerning Judges in general Judges of this Common-wealth and Judges of this Court. On the second Head he told them That the Judges in this Common-wealth are of as great Antiquity as is the Law it self That the Druides were Judges or Interpreters of the Law Amongst the Pritains And as they studyed the Law 20. Years yet committed nothing to writing So out Judges spend as much longer time in the same study and our common Law is Lex non scripta at this Day He also intimated to them what he found in Ingulphus p. 870. and in Seldens Janus Anglorum of the Division made by King Alphred or Allured in Judices quos nunc Justiclarios vacamus et Vicioomites And in the sanie Author that when W. I. upon the suit of the Abbot of Crowland confirmed the Laws of St. Edward he proclaimed them to be kept et Justiciarijs suis commendabat And then he thus proceeds All these are Testimonies of the Antiquity of our Judges but I hold not this essential to be largely considered save as it falls in our way Neither shall I rob you of your time by an elaborate Discourse of the Honour and Respect due to your Place only you may pardon a few Observations thereupon and the rather for the particular Relation I have to that Calling What respect the Sexons had to their Judges appeares in the Etymology of their Word Grave which signifieth a Judge and an Earl Sir John Danys Rep. As in the old Law of the Ripuarians C. 55. Act 1st The Title being Si quis Graffionem interfecerit The Text is Si quis Judicem Fiscalem quem Comitem vocant interfecerit Seld. Tit. Hon. f. 121. 127. and Haillan f. 274. But to come nearer home we find in the Law of H. 1. This Description of a Judge Regis Judicos sunt Barones Comitatus qui liberas in eis tenras habent villani vero corsetti vel ferdingi vel qui sunt viles aut inopes Personae non sunt inter Indices numerandi Whence appears the reason of the Judges of the Exchequer being called Barons Seld. Tit. Hon. f. 347. and 390. Lambert f. 186. 1 H. 6. f. 7. Agreeable with this is the Testimony of Bracton who saith thus Comites vero vel Barones nonsunt amerciandi nisi per pares suos et hoc per Barones Scaccarij vel corain ipso Rege Vpon which and the Case of the Earl of Northumberland under H. 6. Selden observes that all Judges were held antiently as Barons And the Writ by which they were Summou'd to Parliament is in the same Style and hath in it the same words with the Writs of Summons of Barons Consitium vestrum impensuri Those of the Commons being ad faciendum et consentiendum hiis quae de communi Confilio ordinari contigeunt And in some Entries of Judgments upon Writs of Error in Parliament the words are ex assensn Institiariorum and the Title of Lord was given antiently to all the Judges as appears in divers of our Books and Records and is still given to the Judges of Assize They have their Officers and their Purveyante as the Barons had untill taken away by the Statute front both Rot. Parl. 10. E. 2. pt 2. M. 20. and 2. E. 3. pt 1. M. 33. and Rot. Claus 11. E. 1. and this was taken away by the Statute 4. E. 3. C. 3. Theye be divers Cases and Records of Punishments inflicted on those who gave any affronts to Judges and especially that noted Case of Roger Hengham M. 33. and 34. E. 1. rot 71. in the Receipt of the Exchequer So tender hath the State alwayes been of the Honour of their great publick Officers and as the State
is so the Judges themselves ought to be very tender of that Honour with which they are intrusted which is not so much theirs as the Nations Honour and the Honour of the Law it self They are neither to lessen their Honour by a Cariage too lofty for most Honour is gained by Courtesy and Humilty Nor to lessen their Honour by a Port too low and unbeseeming their Quality But this point needs no consideration in this place I hasten to my last particular which is concerning Judges of this Court. A high and antient Court high in respect of the Vniversality and business of it the Liberties Franchises and Property of all the People of this great Nation are determinable in it And concerning the Antiquity of the Court give me leave upon this Occasion and for the Right and Honour of this Court a little to look into an Opinion delivered by great and learned Men upon that Point Not that I presume upon my slender Judgement to controul theirs but to lay before you their Assertion and what Authorities I have met with in my little reading to the contrary that your selves by comparing both together may the better Judge of the difference Lambert Cowel Serjeant Fleetwood Sir Thomas Smith and a Manuscript concerning Masters of the Chancery all of them do affirm That the Court of Common Pleas was erected by the Statute of Magna Charta C. 11 The Words are Communia placita non fequantur Curiam nostram sed sint in loco certo from hence collect that common Pleus which before were held in other Courts and followed the Kings House were not settled in a Place certain nor the Court of Common Pleas erected til this time Of these Authors Sir Roger Owen in his Manuscript sayeth They are like unto Ostriches Birds of great Feathers yet little Flight I cannot subscribe to their Opinion upon these Grounds Beda f. 10. relates that the prime Monarch with the consent of the States of Parliament allotted Pleas of the Crown to one Court Common Suits of Subjects to another and Matters of Revenew to a third and this was long before Magna Charta They mistake the Words Curiam nostram in this place of Magna Charta to signify the Kings House which had not then that appellation but the Word curia had another signification Among the Romans whose Word it is Curia sometimes was taken for the 30th part of the People into which Romulus divided them but more frequently it signifyed with them an Assembly of Clergy-Men and Lawyers as Curia Hostilia Pompeya Julia c. St. Augustine in his Coment upon the 121 Psalm sayeth that Curia improperly is taken for a Tribe but properly signifies the Courts of Justice in Cities and Countries In the same sense the word is taken with us and was so before any applications of it to the Kings House as is plain in the Mirror of Justices Glanvil the Stat. of Marlbridge 52. H. 3. the Stat. W. 1. 3. E. 1. and W. 2. 13. E 1. and others and in Walsingham Ingulphus Hoveden Paris and all our Chief Historians In H. 3. time and after Hospitium Regis was generally the Kings House as Maresehallus Hospitii Senesehallus Hospitii in their Letters Patents and Britton calls it Hostel du Roy. That ground then will fail them that by the word Curia in Magna Charta is meant the Kings House but as Sir Roger Owen and others conjecture by it is meant the Courts of the Chancery Kings-Bench and Exchequer The Case 21. E. 3. Fitz. Bre. comes to this where a Writ de rationabili parte Bonorum was brought in the Kings Bench the Defendant pleaded this part of Magna Charta Comunia placita non sequantur Curiam nostram and though he had been at issue yet the Plantiff would not proceed And in 26. E. 1. in the Treasury one Nicholas de Scotland brought assize for Land which was reversed for Error in the Kings Bench where the Judges willed Nicholas to arraigne a new Assize in the Common Pleas because by the Words of Magna Charta Common Pleas ought not to follow Bancum Regis and there are no other words Curiam nostram in Magna Charta but these In the Stat. Articuli super Chartas it is said No Common Pleas shall hereafter be held in the Cheq against the tenour of the great Charter and there be no words restraining suits of Common Pleas by the great Charter but these To make it more plain It is agreed by Hoveden Paris and others and I think not to be denyed that Magna Charta were the Law of Edward the Confessor And in that Case 21. E. 3. the Defendant pleaded this part of it not as an Act of Parliament but as a common Consent and Custom To this purpose that is pertinent 26. Assis p. 24. where the Abbot of B. prescribes to have Cognizance of Pleas and to have an Original out of Court by usage in the time of St. Edward Kings And that H. 1. by his Charter confirmed all the usages and that they should have Cognizance of all manner of Pleas so that the Justices of the one Bench or the other should not intermeddle upon which my L. Cook Lit. 71. B. Collects that then there was this Court and these Judgse In the Treasury of the Chequer are many Records of Pleas of King H. 2. R. 1. and King John dated in the Court of Common Pleas. In an antient Roll there is contained the suit between the Abbot of Aniou and the Abbot of Crowland about the Meers of a Marsh in the Court of Common Pleas in R. 1. and King John's time and the names of the Justices set down in the Roll thus Justitiaru in Banco residentes and the Chancellor writes to them by that Name Glanvil in his second Book writes of them which would not wage Battle but have their Matters tryed by a Jüry f. 14. that they were to be tryed coram Justitiarijs in Banco residentibus In Glanvils 4. Book it is said that Quare impedits are returnable coram Justitiarijs apud Westmonasterium which they are to this Day In his eighth Book he writes though Fines were levyed in many other Courts yet still they were ingrossed coram Justitiarijs in Banco residentibus and so they are to this day An Act past for Mr. Broughton to be Coroner of the upper Bench. Dr. Walker is made one of the Judges of the Admiralty A Petition of Mr. Gething for Money and a Demand of Mony by the Lord Grey of Wark referred to the Commitee to remove Obstructions in the sale of Deanes and Chapters Lands An Act past to encourage the Manufacture of Salt Order of the Councel for demolishing of Lancaster-Castle Letters from the Parliaments Navy that divers of Prince Ruperts Seamen came in to them that the Prince had very few Men and most of them such as had been taken Prisoners by him Letters from Chester that the Irish Rebels came near to Dublin and many of
great Victory That an Act be brought in for settling 1000 l. per annum Land upon Lieutenant General Jones and his Heirs that thanks be sent to him and the rest for that good Service That the Councel of State prepare the Letter of thanks to be signed by the Speaker and do take into consideration the Request of Lieutenant General Jones for continuing Sir George Askue Vice Admiral of the Irish Seas That it be referred to the Trustees for Sale of the Kings Goods to choose 6 of the best Horses in Tilbury Race for Lieutenant General Jones as a Gratuity from the House That 200 l. be given to Captain Otway who brought the Letters The Petitions of the Brewers referred to the Committee of Excise and they to bring in a new Model for the Excise The Act passed for the more speedy collecting of the Excise Order for some Pentions to be continued to Souldiers Wives And for some scandalous Prmphlets and their Authors to be examined and punished and that Mr. Caughton a London Minister now in Prison be discharged Letters from Chester that Ormond was rallied to 12000 Men and had taken in some Forts Letters from Cardiffes That divers of the Lieutenant of Irelands Souldiers went away from him That C. Cooks Regiment was in a great Mutiny at Minehed and many of them went away but the Captain appeased the Mutiny and forced his Men on Ship Board 15 A Petition of the Earl and Countess of Thommond touching a debt from the Earl of Peterborough referred to a Committee An Act passed for settling 2000 l. per annum upon the Lord President Bradshaw another for 1000 l. per annum upon C. Martin out of Eynsham Another for 2000 l. per annum upon M. G. Skippon The Act published for the Composition of the Delinquents of North-Wales for 24000 l. Letters from Ireland that the Parliament having sent some Corn and 200 Souldiers to London Derry and two of Sir Charles Coots Brothers beingcome to him with 700 Horse he sallyedout of the Town and scoured the Countrey for 7 Miles on all sides of the City took many Cows and Prisoners and killed all whom he found in Arms then returned to Derry 16 A Petition from the General and his Councel of Officers to the House praying First That all penal Statutes formerly made and late Ordinances whereby many Conscientious People are molested and the Propagation of the Gospel hindered may be removed 2 That it is not their meaning that the Liberty desired by them should extend to the tolleration of Popery Prelacy the Book of Common Prayer publick Scorn and Contempt of God and his Word But desire that all open Acts of Profaneness or Drunkenness Swearing Vncleanness and the like be vigorously proceeded against and punished in all Persons whatsoever 3 That upon the Sense of the late great Mercy in Ireland they would extend Favour to those in restraint who have formerly served them and this Nation against the Common Enemy and for the future all disturbers of the publick Peace to be vigorously proceeded against 4 That speedy Consideration may be had of the great Oppressions by reason of the multiplicity of unnecessary Laws with their Intricacies and Delayes which tends to the profit of some particular men but much to the Expence and Dammage of the whole C. Goffe and Pride and other Officers who presented this Petition were called in to the Bar and the Speaker by command of the House gave them thanks for their constant good Affections and in particular for this Petition Acquainting them that the House had the things desired already under consideration and that this Petition should hasten the granting the same with all possible speed and Convenience Then it was voted That all penal Statutes and Ordinances whereby many Conscientious People are much molested and the Propagation of the Gospel hindred may be removed and referred to the Committee for bringing in an Act for ease of tender consciences to bring in the Act according to this Debate And referred it to a Committee who are to bring in an Act of Pardon to comprize herein the three proposals of this Petition And referred to the Committee concerning the Laws of the Land to consider of the 4th Proposal of this Petition The Act passed for paying 3500 l. to the Widdow of Mr. Blackstone a Member of the House An Order for Mr. Hall Attourny of the Dutchy to have the priviledge to plead within the Bar. The like Order was made for Mr. Steel and also to be freed from his Reading Order for Mr. Stevens a Member of the House and a common Lawyer to be made Judge of the Admiralty for which place he was not very fit A Declaration and Narrative past of the Grounds and Reasons for setting apart a day of publick Thanksgiving 17 Debate of the Act for Payment of the Arreares of C. Thornhaugh deceased Order for the Serjeants Men to disperse the Copies of the Act for the Thanksgiving Day and referred to the Councel of State to consider how the House may be eased of this trouble for the future and to give order for the dispersing of Papers upon the like Occasions The accounts of C. Willoughby referred to be audited A Petition of Mariners referred to a Committee An Act passed for settling 1000 l. per annum upon Lieutenant General Jones Order for an Act to settle 500 l. per annum out of the Irish Rebels Lands upon Sir Charles Coot An Act past for the Payment of their Arrears to the English Officers in Ireland for their former Services in England The House adjourned for three Days 18 Letters of confirmation of raising the Seige before London Derry by Sir Charles Cootes Brother in which Service many of the Enemy were taken Prisoners and divers slain Letters from Chester That C. Jones was again gone out of Dublin to besiege Drogheda that Ormond had dismounted most of the Irish for not fighting and had turned all the English out of Trym Castle That the Lord Lientenant of Ireland was imbarqued with his Army The House being adjourned Mr. Speaker Commissioner Keeble Mr. Chute Mr. Adams Mr. Steel and Mr. Whitelock by appointment met in the morning at Mr. Attourney General 's where they conferred together about the making new Rules for Reformation of the Proceedings in Chancery and agreed upon some general Points which they referred to some of the Company to draw up into Form 20 Letters to the Councel of State of the imbarquing of the Lieutenant of Ireland on Munday last and of Commiss G. Ireton on the Wednesday after with a great Fleet that nevertheless they left 3 Regiments behind for want of Shipping That the English Ships were very forward for the Voyage and so were the Flemish Bottomes when their Money was punctually paid them That no Provision was wanting for the Transportation of this Army and there is a considerable stock of Money with plenty of Ammunition That the
Provisions and Ammunition Order for 100 l. to Mr. King who brought the Letters from Sir Charles Coot for his good Service Referred to the Councel of State to examine the Business of Captain Kesar mentioned in Sir Charles Coots Letter and to send for and secure him if they find cause 25 By Vote the House declared That all such English and Scots and all others that have ingaged for the Parliament of England in the Nation of Scotland and have revolted from that Service and all such as have or shall adhere unto or joyn with Charles Stuart eldest Son of the late King in that Nation are Traytors and shall have their Estates confiscate and their Persons proceeded against by Martial Law Order for these Votes to be Printed and Published and a Copy of them to be sent to the Lord Lieutenant of Ireland Order to forbid proceedings in the Composition of the Earl of Derby because he holds the Isle of Man against the Parliament By two Printed Papers and three Letters to the Committee of the Army for discovery of Criminal Offenders Mr. Speaker was taxed for an ill Member and that he had conveyed a great Sum of Money to the King and Matters of Falsehoods and Breach of Trust are charged on him Upon the Order of the General the Officers of the Army certifyed under their Hands That they never examined any matter touching the Speaker nor had any Order from his Excellency for that purpose to authorize it That they find the same Business had been Judicially heard before a Committee of Parliament and by them reported to the House who declared those complaints raysed and prosecuted falsely malitiously and scandalously against the Speaker and that exemplary Punishment be inflicted upon the Prosecutors The Officers of the Army conclude their Certificates That they humbly conceive the said Information raysed and promoted since the Judgement of the House as aforesaid was a practice to bring an Odium upon the Speaker who hath so highly merited from the publick An Advertisement published That if any Countryman be injured by the Souldiers taking of Free-Quarter contrary to the Act that upon Complaint to the Judge Advocate of the Army and Proof thereof made he shall have Satisfaction out of the Pay of the Souldier and Protection from the Army 27 The House sate not Letters from Dublin to the Councel of State of some Correspondence betwixt the Governour of Tredagh and Lieutenant General Jones and that Ormond came thither with 1500 Horse and 2000 Foot That Owen Roe O Neal conceiving that he had merited from the Parliament desired a Convoy for his Men to serve the Spaniard but nothing was granted Letters that the Scots Army was full of Malignants and the Nation full of Feares That nothing will give Satisfaction there but the Kings putting Malignants from him and granting the particulars of the Covenant Letters from Mr. Peters to the Councel giving them an account of the Fleets setting sail for Ireland c. Lieutenant Collonel Morrice Governour of Pontfract Castle for the King was executed according to the Sentence of the Court Marshal Letters that 5 Men of War wearing the Scots Colours set upon 5 Ships of the Parliaments killed 4 of their Men wounded 18 and did much Prejudice to the Ships The Governours of the new Corporation in London for setting the poor to work sent their Warrants requiring the Church-Wardens and Overseers of the Poor in every Parish to return the Names to them of all such as are able to work and have not meanes to maintain themselves and of all who are not able to work and want Livelyhood 28 Order for such as neglect to take out Discharges upon their Compositions for Delinquency to be taken into Custody The Act passed prohibiting the Importing of any Wines Wool or Silk from France into England or Ireland An Act passed for admitting the Purchasers of Bishops Lands to pay the whole purchase Money by Weavers-Hall Bills Another Act passed touching the second 40000 l. charged on the Excise and Goldsmiths-Hall 29 The Publique Thanksgiving day Solemnized The Lord Lieutenant of Ireland shortly after his landing at Dublin published a Proclamation reciting the great Mercies of God to that City particularly in the late Defeat given to the Rebels who incompassed it round about and finding that notwithstanding the Goodness of God to them yet by profane Swearing Cursing and Drunkenness his holy Name is dayly dishonoured and blasphemed contrary to the Laws of God and the known Laws of that Land and to the Articles of War He commands the Major and Magistrates of the City and the Officers of the Army to put in due Execution the Laws against such Offenders and that he will punish the neglect and contempt of this Proclamation with the severest Punishment of the Law 30 The Act for relief of Prisoners of Debt was after a long Debate and difference in Opinion ordered upon the Question to be ingrossed Debate touching Fees and Salaries of the Officers belonging to the House The Arrears of Sir Adam Lostus referred to the Committee for Irish Affairs Letters from Holland That the Prince his Men run away from him for want of Mony That 2 Irish Frigots brought into Dunkirk 6 Hull Ships for Prizes Letters from Dublin That the English Fleet which came thither with the L. Lieutenant strikes a great Terrour into the Enemy That Trumpets came to Jones from Ormond Inchequin and others but he sent them back with this Answer That now all Addresses must be made to the L. Lt. Cromwel 31 Order that Serjeant Dandey Serjeant at Arms to the Councel do proclaim the Act for prohibiting the Importation of Wines Wool and Silks from France Debate touching Mr. Warners Case An Act passed touching the West-India Islands and making them subordinate to the Government of England Order for an Act to prohibite the Brewing of Ale or Beer above 10 s. the Barrel Report by the Councel of a Letter from the Lieutenant of Ireland giving an Account of his Condition after his safe Arrival and laying open his necessities for Supplies and speedy Recruits Referred to the Councel of State to consider of the Letter and Desires of the L. Lieutenant and to answer his Expectation so far forth as it may not increase the Charge of this Common-Wealth Order for Payment of the 200 l. formerly given to Captain Poulton Order for 1200 l. for C. Fielder late Governour of Portsmouth for his Service there and 1148 l. for his Arreares out of concealed Delinquents Estates to be discovered by him Upon a Report from the Councel of their Opinion That Sir Kenelm Digby is a dangerous Person and to know the pleasure of the House concerning him they Voted That he was not within the compass of the Votes for compounding for his Delinquency And that he be injoyned to depart the Common-Wealth within 20 days and not to return without leave of the House under pain of Death
Irish Quarters 20 Letters from Ireland That the Lord Lieutenant is before Clonmel That the Plague which is seldom known in Ireland was very hot in Lymerick and Killkenny That the Mayor of Waterford refused to admit Ormond into that Town saying That he was the Kings Lieutenant there That Ormond and Muskerry were gone away for France That much contention was amongst the Irish Officers and many of them desired to come and serve the King of Spain which the Spanish Ambassador in Ireland laboured to effect That about 80 of the Enemies Foot and 10 Horse of the Garrison of Clonmel went forth to fetch in Provisions but were fallen upon by some of the Parliaments Horse that Quartered near the Town who killed 23 of them and took 17 Prisoners and the Horses 21 Letters from Dublin of the taking of Balishanon a strong Fort and well manned by C. Hewson without the loss of one Man That there were great differences among the Irish and between them and the Kings Party and among the Cavaliers themselves 22 Letters that Prince Rupert was yet at Lisbon and had with him but 6 Ship and those not well manned Letters of many Robberies and wicked Actions and of a Butcher of Malton that hanged his Wife and of a Woman that burnt two of her Children assoon as she was delivered of them An Account of Forces Shipped for Ireland From Scotland That the Scots Commissioners are gone to Breda and that the King went from Beauvois to Breda and parted with the Queen his Mother who with Jermin returned to Paris The Heads of their Propositions to the King were That all who continue excommunicate by the Kirk may be removed from his Person That he would declare that he will by solemn Oath under his Hand and Seal allow the National Covenant of Scotland and the Covenant of the three Kingdoms and ratify all Acts concerning the Covenant Establishing Presbyterian Government the Directory of Worship the Confession of Faith and the Cateehism in Scotland as they are approved by the G. Assembly of the Kirk and by the Parliament there That he will consent that all matters civil be determined by the present and subsequent Parliaments and all matters Ecclesiastical by the ensuing general Assembly of the Kirk as was formerly agreed by his late Father 23 The Army Petitioned the Parliament That such as had Articles upon rendition of Towns and paid their Compositions and were not ingaged in the second War might not be taken within the late Act of Delinquents to remove out of London and Westminster Letters that the Lord Lieutenant had taken in Clonmel and slain 2000 of the Enemy there and was marched towards Waterford where Preston Commanded From Edenburgh That Mr. Douglas who preached to the Scots Parliament at their first Meeting admonished them to avoid the two Rocks of the Malignant Scilla and Sectarian Caribdis and doomâ—d both Malignants and Sectaries to be Heretical That the Scots Parliament sate but two dayes as is usual with them to confirm what work the Cabal had cut out for them and then adjourned to the 5th of May next That the Scots Army were about choosing of a Committee of themselves to purge the Army but with difficulty it was carryed to be referred to the Committee of Estates and they referred it to David Lesly 25. Letters That the Scots Commissioners were landed in Holland That a Ship came to Edenburgh from Holland with many German Officers expecting imployment there That the Scots Commissioners have Commission to take up 300000 l. Scots Money to gratify the King in case there be an Agreement Account of Recruits for Ireland and of proclaiming the Act for taking of the Ingagement at York and at Manchester From Milford Haven That the Country thereabout did unanimously take the Ingagement That Mr. Peters opened the matter to them and did much incourage them to take it 26. The Parliament Voted That the concernment of Articles relating to the late Act for removing Delinquents out of London c. be referred to the Commissioners for Articles to do therein according to Justice An Act for impowring Commissioners to put in execution all the Powers hereto fore given to Commissioners for compounding with Delinquents and for managing all Sequestred Estates and to the Committee of Habberdashers Hall Vote That all who have compounded and are now beyond Sea without leave their Estates shall be sequestred and the Committee of Goldsmiths Hall to put this Vote in Execution Vote that the Estate of Sir Christopher Hatton be forthwith sequestred Several other Votes touching Compositions of Delinquents An Act for such as hold the Estate of any Delinquent by Mortgage Judgement or Statute to compound for the Estate committed An Act passed for the Redemption of Captives 27. An Act passed for establishing an high Court of Justice and the Commissioners Names any 12 to be of the Quorum Letters from Tossiter of settling the Militia in that County Letters of a Charge given by Judge Nicholas at the Assizes at Sarum in vindication of the Proceedings of Parliament and of theirs and the Peoples power and the Original of it One was indicted for saying there was no Law and that a company of Rogues had beheaded the King and therefore there was no Law The Indictment was for scandalous words and he was found guilty fined 100 l. and imprisoned without Baile till the Fine was paid 28 An Act passed touching the way of collecting the Excise of Ale and Beer brewed and spent in private Families The Act for erecting the high Court of Justice proclaimed in Westminster Hall Letters that the Marquess of Hertford coming from London in obedience to the late Act for removing of Delinquents he resided at his House at Netley near Southampton and the day after he sent to the Governour of that Garrison to give him notice thereof and to assure him that he would not give any Offence to the Garrison The Governour returned a civil answer to the Marquesse and that as long as he continued in a peaceable manner not any from the Garrison should molest his Lordship From Daver That an English Hoy setting sail from Ostend for London Captain Evans by Commission from the Prince with eight or nine English and Flemmings put themselves into a ship Boat made up to the Hoy and boarded her about 2 Miles from Ostend at which the Governour shot from the Castle at Evans but could not reach him Thereupon he sent 50 Souldiers on board a Fisherman to rescue the Hoy who after a little skirmish in Dunkirk Road brought away the Hoy and stowed Evans and his company in the Hold upon which two or three French Troops came out from Dunkirk and set upon the Ostenders They because the Winds were cross and the French Troops pursuing them brought the Hoy and Prisoners and delivered them to the Governour of Dover Castle who committed Evans and his Fellows to the Marshal That the same Hoy was formerly taken
others with him in a Boat and boarded a Ship in the Harbour wherein were 1200 Bushels of Wheat and twelve Fat 's of Wine and carryed them and the Ship to Orkeney That the Grandees caused Subscriptions to be taken in the way of Bonds with Conditions to obey the Laws and preserve the Peace c. 30 Debate upon the Petition of the Officers of the Army and Voted that for 14 Days nothing but publick business touching Mony be taken into consideration An Act passed for impowring the Commissioners for Sequestrations to examine upon Oath and to give Acquittances for the Monies they shall receive An Act prohibiting the exportation of Coin and Bullion into forreign parts committed An Act for sale of the Lands of the Lord Deincourt Committed Debate upon the Act against Incest Adultery and Fornication Vote that the Carmen be a distinct Company from the Woodmongers subject to the Government of the City of London May 1650. May 1. From Chester That M. G. Veneables and Sir Charles Coot kept the Field and Sir Charles had reduced many small Forts near Carrickfergus From Dublin That the Irish have got into a great Body near Trym From Exon That most of the late secured Gentlemen of Cornwall upon assurance of their peaceable living at home given under their hands and a negative Ingagement not to act any thing prejudicial to the present Government are permitted to return to their own Houses From Dublin That the Parliaments Forces had taken in the strong Castle of Tully and lost Captain Eriffe and two other Officers That they fell upon Mac Phaileas Quarters killed near 200 lost Cornet Puffey That C. Reynolds with a brave Brigade attends the Enemies motion That the Earl of Castlehaven and Lieutenant General Farrel mustered all their Forces to a great Body That Sir Charles Coot had taken in Eniskellin and some other Forts From Taunton That the Mayor who was formerly for the Parliament now refused to take the Ingagement was turned out by the Corporation and they chose a new Mayor From Berkshire That five Drunkards agreed to drink the Kings Health in their Blood and that each of them should cut off a piece of his Buttock and fry it upon the Gridiron which was done by four of them of whom one did bleed so exceedingly that they were fain to send for a Chirurgeon and so were discovered That the Wife of one of them hearing that her Husband was among them came to the room and taking up a pair of Tongs laid about her and so saved the cutting of her Husbands Flesh 2 From Monmonth of Malignants secured and one of them with a Declaration of M. G. Masseyes in his Pocket and of proclaiming an Act of Parliament at the County Court by order from the Councel of State From Scilly That there are 700 Irish and 1400 English and great store of Provisions that Sir Richard Greenvil is expected with 4000 Men from Cornwall That there was a Plot by the Irish to cut off the English which being discovered one of the Irish Officers was shot to death and three sent to Jersy and English Officers put in the head of the Irish From Dublin of a Meeting of Ormond Castle-Haven the Bishop of Clogher and others where Ormond proposed Whether they could make up an Army fit to Engage with Cromwel If not Whether it were not necessary to draw all their strength into these Quarters and utterly wast them that they might not be able to subsist If they were not able to do that Whether it were not convenient to make Propositions of Peace for the Kingdom If not that then Whether it would not be necessary for every man to make Conditions for himself The conclusion was That they would fall into the Parliaments Quarters and destroy all both Protestants and Papists But this so distasted the Country Gentlemen that they put off the Business till another Councel The Governour of Dublin sent to C. Reynolds and Sir Theophilus Jones who have 3500 men to come to his assistance 3 From Pendennis That divers Vessels of the Dutch were taken by the Irish Men of War and brought into Scilly which the Dutch Agent could not get released and therefore the Dutch had Commissions to take the Irish Ships 4 From Dublin That Ormond and his Councel resolved to fall into the Perliaments Quarters and to burn and spoil what they can but Sir Theophilus Jones and C. Reynolds are upon their March with 2000 Horse and 3000 Foot towards them and that notice hereof was sent to Sir Charles Coot who had taken the Field with 3000 Men. 6 Letters from Edenburgh That C. Stranghans C. Griffeth and part of C. Ker his Forces with two other Troops and 60 Foot fell upon Montrosses party in Rosse routed them and took 500 Prisoners among them Hurrey Napier and Frenerick and slew 300. That Montrosse himself hardly escaped they took his Horse Pistols Belt and Scabbard and have sent a Party to pursue him From Barnstable of Troops Shipped for Ireland 7 Upon a report from the Committee of the Army Voted That two Months pay be provided for the Marching Army Upon consideration of drawing the Forces this Summer as there may be occasion into several Parts of this Nation and that they may have pay wheresoever they come and the Country be secured from Freequarter Voted that there be an Assessement towards the Maintenance of Forces in England and Ireland for 6 Months after the rate of 90000 l. per mensem for the first three Months and 60000 l. per mensem for the last three Months A Declaration passed concerning the Compositions of Delinquents An Act inabling Grantees of Wards Lands to passe their Grants under the great Seal and to enjoy their Grants Order touching the Charges upon Deanes and Chapters Lands for Pious uses A Representation to the Parliament from the Gentlemen Freeholders and Inhabitants of the Durham County of Durham delivered by the Grand Jury at the Assises and sent up by the High Sheriffe to the Parliament to this Effect 1. That the Courts of Justice amongst them being suspended and removed to Westminster they cannot sue for any small Debt or summe but the Cost exceeded the Debt and Suits are multiplyed to 600 Writs in one Term and Fines and Recoveries of their Estates are unperfected That such an Establishment may be had of Courts of Justice as the Parliament shall think fit 2. That the Colledge and Houses of the Dean and Chapter being now empty and in decay may be imployed for erecting a Colledge School or Academy for the benefit of the Northern Countries which are so far from the Vniversities 3. That part of the Lands of the Dean and Chapter near the City may be set out to Trustees for pious uses Referred to a Committee to state this business and report their Opinions touching the Desires of the County Upon a Letter from the Aldermen and Common Councel of Bridgewater of their
as a Prisoner That C. Popham one of the Admirals of the Parliaments Fleet was come to London with an Account to the Parliament of the Proceedings of the Fleet. 25 Letters of many Subscriptions to the Ingagement about Exeter That the Scots were busy in raising Forces near Carlisle but the Countrey being backward to take Arms the Officers took Money and excused the Men. A Confirmation that the Parliaments Fleet near Lisbon had sunk the Admiral of the Portugal Brazile Fleet taken the Vice-Admiral and divers other of their Ships of a great value Ordered by the Parliament That all the Books of the Laws be put into English And that all Writs Process and returns thereof and all Patents Commissions Indictments Judgments Records and all Rules and Proceedings in Courts of Justice shall be in the English tongue onely and not in Latine or French or any other Language than English And that the same be writ in an ordinary legible hand and not in any Court hand And that it be referred to a Committee to draw up an Act upon this Vote Referred to the same Committee to consider of all Salaries and Fees of Judges and other Officers and what Offices or Fees are fit to be taken away and to consider of delays and unnecessary charges in proceedings of the Laws and to present a Bill to the House for redress thereof And the Committee to meet dayly upon this business till it be dispatcht 26 Letters of some Prizes taken by the Parliaments Ships near Pendennis Castle That Sir William Godolphins Son was raising Forces for the King though his Father received much Favour from the Parliament 28 Letters that the General had 2000 men dayly at work about the Fortifications of Leith and went on with the Mines before Edenburgh Castle though the Enemy shot great and small Shot constantly at them and yet they lost but five or six men That the King was slipt away from the Scots with the Duke of Bucks and three or four more in his Company towards the E. of Seaforth and others of the Royal Party who were about 2000 as was before certifyed but was brought back again That the General marched with seven Regiments of Foot and nine of Horse to Linlithgow and sent a Trumpet to the Estates of Scotland to give Security and to treat for stopping the effusion of more Christian Blood That he took in a Garrison with 40 men who laid down their Arms. That he gave strict Command to his Army not to offer violence to any of the Scots who were not in Arms which was duely observed That he marched to Glascow where he stayed three or four days and marched on to Levingston-House the weather extream wet and the Souldiers divers times â—ain to Quarter in the open Fields That the Court at St. Johns Town were in great Distractions and the Highlanders fell upon the Kirk Party and killed a Major a Lieutenant and some others 29 Vote that the Committee for regulating the Proceedings in Law do peruse the Freeholders in every County and consider of a way for the impartial Returns of Juries and of more indifferent Proceedings in Causes Order for an Act to take away all Saints days and other days in Term not Juridical and making them Court Days and for making the 5th of November no Court day A Committee to consider how to regulate abuses and misdemeanours of Keepers of Prisons Order for the Members of the House to bring in by a day the names of fit Persons to be Sheriffs in the several Counties An Act for raising 120000 l. per mensen for maintenance of the Forces in England Scotland and Ireland read the first time An Act passed for settling Convoys for securing the Trade of the Nation 20 Letters of several Prizes brought into Plymouth 31 Letters that the General sent a Letter to the Committee of Estates by a Trumpet who was not permitted to carry it further than Sterling where the Governonr took it of the Trumpet and promised to send it by a Messenger of his own to St. Johns Town where the Committee then was That the General marched to Glascow the compleatest Town they had been in and one of their choicest Universities That when he entred the Town many Scots appeared to see him march but no violence was offered to any of them the General having given a strict Command for that purpose And none of the Souldiers entred til he and his Followers were first in their Quarters That Captain Covel of the General his Regiment of Horse was cashiered for holding some Blasphemous Opinions That on the Lords day a Scots Minister in his Pulpit at Glascow railed foully against the General and his Army and though many Souldiers heard it yet no violence was offered to him That C. Ker and C. Straughan were willing to a Treaty of Accomodation but sent word to the General That they could not effect it being hindered by the Lord Wareston and Sir John Chiesesly who were sent to them for that end by the Committee of Estates That the General marched from Glascow fourteen Miles and Quartered in a poor Cottage That Captain Pitson was taken Prisoner by the Enemy That C. Vanrusk with a Party of Dutchmen fell upon some Straglers of the Army and murdered them That the General returned to Edenburgh That some Recruits came from London to the Army but near half of them ran away in their March and listed themselves in the Garrisons of New-Castle and other Garrisons by the way Novemb. 1650. 1 Letters Of some Dutch Ships loaden with Figs from Portugal staid at Pendennis till the pleasure of the Councel of State were known That the Commissioners provided Red Coats for all the Souldiers 2 Letters That Prince Rupert was gone to Marseilles and intended from thence to go to the Barbadocs and to get men there and in the Islands and so to go for Scotland That there were great Divisions betwixt the Kirks Party and the Committee of Estates That a Lieutenant with a Trumpet came with Letters to the G. from the Committee of Estates Letters That the Mine went on against Edenburgh Castle And That two Mortar-Pieces were brought thither from Hull That the General sent a Party who took in a strong House near Dalkeith and some Arms in it That C. Ker and C. Straughan had sent new Letters about an Accommodation and had declared against the Interest of the King and Lords That some of the Royal Party fell upon the Kirk-Party and killed and took 120 of them and other great Divisions were amongst them whilst the English Army was in their bowels That at Carlisle on the Lords Day in the Great Church the Governor's Chaplain preached in the Morning and an Officer of the Army in the Afternoon 5 The Day of the Gunpowder-Treason Celebrated A further Act passed prohibiting Trade with the Scots by any Foreign Nation Referred to the Committee of the Navy to
contract for Ships and Provisions to be sent to the Plantations in America Order about Monies for Convoyes An Act Passed for easing the Charge of Lords of Mannors and their Bayliffes in passing their Accounts in the Exchequer 6 Letters of some small Prizes brought into Plymouth That the Prince of Orange was dead of the Small Pox. 7 Letters That some Pyrates took three Ships out of Plymouth-Road at Noon-day That thousands came in voluntarily to take the Engagement without any Summons That the Commissioners for charitable uses at Taunton found out great Sums of Money due to the poor Letters That the L. Deputy gave a Defeat to the Enemy in Munster That those in Lymerick refused to Treat for Surrender of the Town and the L. Deputy prepared to build a Fort against it That the L. Ormond hanged some Mass-Priests and thereby lost the Affections of the Irish That C. Cooke fought with the Wickloe-Tories and took prisoner Shurlocke their great Captain That upon the L. Deputies Approach to Athelow they quitted the Town and burnt it and guarded the Pass over the River to the Castle That the Deputy left Sir Charles Coote there and marched to Lymerick and in the way took in several Garrisons That the Plague was much ceased in Ireland 9 Letters Of a London-Ship split upon the Rocks near Dartmouth That the Royal-Party and the Kirk-Party in Scotland were reconciled and all engaged against the English Army 11 Letters That 2000 were daily at work upon the new Fortifications at Leith and when they meet with a Rock they boar holes in it and blow it abroad with Gunpowder That Middleton refusing to come in when the King sent for him was Excommunicated by the Kirk That David Lesley's Army have no mind to fight with Middleton's men That they being upon the King's Interest only have to colour their Pretences set forth a Declaration Entituled A Declaration of the Noblemen in Arms for Vnion in the prosecution of the Cause of God and Relief of the Kingdoms That Middleton and the rest of his Party refused an Act of Indempnity unless they might be admitted as others to Places of Trust which the Kirk and Estates would not permit yet all of them are like to agree That the Scots prisoners taken at the Battel of Dunbar at their first coming to Newcastle got into the Gardens and fed so greedily upon the raw Cabbage that they poysoned their Bodies That 1600 of them died 500 more of them were sick and 900 in health who are set to work there 12 The Committee revived to examine some Complaints made against Ranters An Act committed for turning all Books of Law into English and for all Process and Proceedings in Courts of Justice to be in English The Act committed for the Assessment of 120000 l. per mensem Upon Report from the Councel of State several Votes passed in order for Reparation to the English Merchants who had been injured by the French An Act passed to make Prize of Portugal Ships and Merchandise The Parliament named the Sheriffs for the several Shires of England and Wales for the year enâ—â—ing Five of C. Barkstead's Souldiers rode the wooden Horse in Smithfield and two of them were whipped for attempting to rob in Smithfield and a Trooper condemned to be shot to death for killing his Fellow-Souldier 13 Letters That a Cook of a Ship of Bremen upon what Discontent was unknown did at Lee near Gravesend mix Mercury with the Pottage and poysoned the Master and 11 men being all in the Ship so that they all died within 24 hours after and the Murderer escaped away An Account of Provisions shipping from Pendennis for Ireland 14 An account of many Subscribing the Engagement at Oxon and of setling the Militia there Convoys appointed to be constantly attending upon the Merchants Ships and they required not to send abroad without them An Account of two Ships laden with Provisionâ—â—ent to G. Blake riding before Lisbon Recruits for Ireland who ran away and were retaken one of them was hanged and others did run the Gantelope for abusing some Countreymen and the Court-Martial published some Orders for preventing the like Inconveniences for the future Other Souldiers were punished for erroneous Tenents and scandalous Prophaneness 15 Letters That the E. of Clanrickard took in two or three little Places Garrison'd by the Parliaments Army That the Irish upon an advantage fell upon a party of C. Cookes men and the Dispute lasted many hours between them at length C. Cooke routed the Irish killed three or four hundred of them and took two Colonels prisoners Letters That some Waggoners of the G. with 36 traine Horses were surprized in their Quarters within a Mile of Edenburgh That C. Straughan was inclinable to come in and joyn with the English Army That the Laird of Brady one of the Commissioners that brought the King from Holland into Scotland came from the Court to the Committee of Estates and declared his sorrow for having a hand in that Action That the King removed to Dumferling fearing to be fetcht away by the Royal Party That Middleton was 8000 strong 18 Letters That the Army was quartered in Edenburgh Leith and the Villages 8 miles compass about That there are great Differences Discharge amongst the Scots and the King endeavours to reconcile all 19 Order of Parliament for Discharge of all Sums due for respit of Homage and Fines for Alienation and for all mean Rates c. Referred to a Committee to draw Instructions for the Barons of the Exchequer touching the Poll-Bill c. An Act passed for Regulating the making of Norwich-Stuffs Letters That many came away from Straughan to St. Johns Town and some from David Lesly came to Middleton The G. published a Proclamation That if any of his Souldiers were robbed or killed in the Country he would require restitution and life for life of the Parish where the fact should be committed unless they discovered the Offender 20 Letters of a Ship with Goods bound for Ireland taken by Scilly Pyrates near Minhead That the Princess of Orange was brought to bed of a Son 21 Letters Of Ministers rayling in their Pulpits in several Counties against the Present Government and yet that more than were summoned came in to take the Engagement That the Plague was ceased in Shrewsbury Of two Dutch Ships loaden cast away near Dartmouth Letters That C. Monk with a Party of 1600 was sent to take in Derlington-House a Nest of the Moss-Troopers who killed many Souldiers of the Army That M. G. Lambert came before the House and cast up their Batteries the same night so that their great Guns were ready to play the next Morning by the Break of Day That their great Shot played and the fourth Shot of their Mortar-piece tore the inner Gate beat down the Draw-Bridge into the Moat and killed the Lieutenant of the Moss-Troopers so that they called for Quarter Which would not
be given them nor would they agree to surrender to Mercy but upon Reverence which was consented unto That they took the Governour and the Capt. of the Moss-Troopers and 60 Souldiers That two of the most notorious of them and the Captain were shot to death upon the Place They took in it many Arms 60 Horse which they had taken from the English and released 10 English prisoners and demolished the House That Middleton laid down his Arms upon condition that the King should be forthwith Crowned and the Estates and Kirk ordered him to take his Command again That Recruits were come from England to the Army That the G. and his Officers kept a Fast-day The House had a very long and smart Debate touching the Act for putting all the Books of Law and 〈◊〉 Process and Proceedings in Courts of Justice into the English Tongue in which Debate some spake in Derogation and Dishonour of the Laws of England For some vindication whereof and for satisfying some Mistakes one of the Members delivered his Opinion in the House to this Effect Mr. Speaker The Question upon which your present Debate ariseth is of no small moment nor is it easily or speedily to be determined for it comprehends no less than a total alteration of the Frame and Course of Proceedings of our Law which have been established and continued for so many years I should not have troubled you with any of my weak Discourse but that I apprehend some mistakes and Dishonour to the Law of England if passed by without any Answer may be of ill consequence and having attended to hear them answered by others who are not pleased to do it I held my self the more engaged in the Duty of my Profession to offer to your judgment to which I shall always submit what I have met with and do suppose not to be impertinent for the rectifying of some Mistakes which are amongst us A worthy Gentleman was pleased to affirm with much confidence as he brought it in upon this Debate That the Laws of England were introduced by William the Conqueror as among other Arguments he asserted might appear by their being written in the French Tongue In his first Assertion That our Laws were introduced by William the Conqueror out of France I shall acknowledge That he hath several both Foreign and Domestick Authors whom he may follow therein The Foreign Authors are Jovius Aemilius Bodine Hottoman Dynothus Volateran Berault Berkley Choppinus Uspargensis Malines and Polydore who affirm this erroncous piece of Doctrine but the less to be regarded from them because they were strangers to our Laws and took up upon trust what they published it this point Of our own Countreymen they have Paris Malmesbury Matthew Westminster Fox Cosins Twyne Heyward Milles Fulbeck Cowell Ridley Brown Speed Martin and some others All of them affirm That the Laws of England were introduced by William the Conqueror But their Errors are refuted by Sir Roger Owen in his Manuscrit who saith that Roger Wendover and Mat. Paris were the first Monks that hatched these addle Eggs. I shall endeavour to shew you That the Original of our Laws is not from the French that they were not introduced by William the Conqueror out of Normandy And I shall humbly offer to you my Answer to some of their Arguments who are of a contrary Opinion Polydore Hist Angl. L. 9. Affirmeth That William the Conqueror first appointed Sheriffs and Justices of the Peace erected Tenures brought in Trials by 12 men and several other Particulars of our Laws For Sheriffs their Name Scire Reeve shews them to be of the Saxon Institution And our Histories mention the Division of Shires by King Alphred but in truth it was much more ancient And it is apparent by our Books and Records some whereof are in the Hustings of London and in the Tower that the same things were in use here long before the Time of King W. I. Sir Roger Owen shews at large that Livery of Seisin Licenses or Fines for Alienation Daughters to inherit Trials by Juries Abjurations Utlaries Coroners Disposing of Lands by Will Escheats Gaoles Writs Wrecks Warranties Catalla Felonum and many other parts of our Law and the Forms of our Parliaments themselves were here in being before the time of Duke William Agreeing hereunto are many of our Historians and Learned Antiquaries But it is Objected That in the Grand Customary of Normandy the Laws are almost all the same with ours of England and the form of their Parliaments the same with ours That the Writer of the Preface to that Book saith it contains only the Laws and Customs which were made by the Princes of Normandy by the Counsel of their Prelates Earls Barons and other wise men which shews the forms of their Parliament to be the same with ours and the Laws in that Book to be the proper Laws of Normandy and ours to be the same therefore they argue that our Laws were introduced from thence by William the Conqueror This will be fully answered If that Grand Customary of Normandy was composed in our King E. 1. his time as good Authors hold it was then it cannot be that our Laws or Parliaments could be derived from thence These Learned men say That this Customary was a meer Translation of our Law-Book Glanvill as the Book of Regia Majestas of the Laws Scotland is and the like of the Laws of Burgundy They further add That the first establishing of the Customary of Normandy was in H. 1. his time and afterwards again about the beginning of E. 2. his time If the Laws in the Customary were introduced there from England it will then be granted that the Laws of England were not inoroduced here by William the Conqueror But I think it very clear that their Laws were brought to them cut of England and then you will all agree to the Conclusion Our King H. 1. Conquered Normandy from his Brother Robert and was a Learned King as his Name Beauclerk testifies whom Juo calls An especial Establisher of Justice Sequerius relates That this King established the English Laws in Normandy Herewith do agree Gulielmus Brito Armoricus Rutclarius and other French Writers who mention also that the Laws in the Customary of Normandy are the same with the Laws collected by our English King Edward the Confessor who was before the Conqueror An additional Testimony hereof is out of William de Alenson Revile who in his Comment upon the Customary saith That all the Laws of Normandy came from the English Laws and Nation In the Customary there is a Chapter of Nampes or Distresses and Decreed that one should not bring his Action upon any Seisure but from the time of the Coronation of King Richard and this must be our King Richard 1. because no King of France was in that time of that Name and the Words Nampes and Withernams were Saxon Words taken out of the English Laws signifying a Pawn or Distress
2. and some others in Latine R. 2. H. 4. H. 5. and H. 6. used to write their Letters in French and some of our Pleadings are in French and in the Common-Pleas to our time But Sir our Law it Lex non scripta I mean our Common-Law and our Statutes Records and Books which are written in French are no Argument that therefore the Original of our Laws is from France but they were in being before any of the French Language was in our Laws Fortescue writes That the English kept their Accounts in French yet doubtless they had Accounts here and Revenues before the French Language was in use here My Lord Cooke saith That the Conqueror taught the English the Norman Terms of Hawking Hunting Gaming c. yet no doubt but that these Recreations were in use with us before his time And though D. William or any other of our Kings before or after his time did bring in the French Tongue amongst us yet that is no Argument that he or they did change or introduce our Laws which undoubtedly were here long before those times and some of them when the French Tongue was so much in use here were Translated Written and Pleaded and Recorded in the French Tongue yet remained the same Laws still And from that great Vse of the French Tongue here it was that the Reporters of our Law-Cases and Judgments which were in those times did write their Reports in French which was the pure French in that time though mixt with some words of Art Those Terms of Art were taken many of them from the Saxon Tongue as may be seen by them yet used And the Reporters of later times and our Students at this day use to take their Notes in French following the old Reports which they had studied and the old French which as in other Languages by time came to be varied I shall not deny but that some Monks in elder times and some Clerks and Officers might have a Cunning for their private Honour and Profit to keep up a Mystery to have as much as they could of our Laws to be in a kind of Mystery to the Vulgar to be the less understood by them But the Councellors at Law and Judges can have no advantage by it but perhaps it would be found that the Law being in English and generally more understood yet not sufficiently would occasion the more Suits And possibly there may be something of the like nature as to the Court-hand yet if the more common Hands were used in our Law-writings they would be the more subject to change as the English and other Languages are but not the Latine Surely the French Tongue used in our Reports and Law-Books deserves not to be so enviously decried as it is by Polydore Aliott Daniel Hottoman Cowel and other Censurers But Mr. Speaker if I have been tedious I humbly ask your pardon and have the more hopes to obtain it from so many worthy English Gentle-men when that which I have said was chiefly in vindication of their own Native Laws unto which I held my self the more obliged by the duty of my Profession and I account it an honour to me to be a Lawyer As to the Debate and Matter of the Act now before you I have delivered no Opinion against it nor do I think it reasonable that the Generality of the People of England should by an implicit Faith depend upon the knowledge of others in that which concerns them most of all It was the Romish Policy to keep them in ignorance of Matters pertaining to their Souls health let them not be in ignorance of Matters pertaining to their Bodies Estates and all their worldly Comfort It is not unreasonable that the Law should be in that Language which may best be understood by those whose Lives and Fortunes are subject to it and are to be governed by it Moses read all the Laws openly before the People in their Mother-Tongue God directed him to write it and to expound it to the People in their own Native Language that what concerned their Lives Liberties and Estates might be made known unto them in the most perspicuous way The Laws of the Eastern Nations were in their proper Tongue The Laws at Constantinople were in Greek at Rome in Latine in France Spain Germany Sueden Denmark and other Nations their Laws are Published in their Native Idiom For your own Countrey there is no man that can read the Saxon Character but may find the Laws of your Ancestors yet extant in the English Tongue D. William himself commanded the Laws to be proclaimed in English that none might pretend Ignorance of them It was the Judgment of the Parliament 36 E. 3. That Pleadings should be in English and in the Reigns of those Kings when our Statutes were enrolled in French and English yet then the Sheriffs in their several Counties were to proclaim them in English I shall conclude with a Complaint of what I have met with abroad from some Military Persons nothing but Scoffs and Invectives against our Law and Threats to take it away but the Law is above the reach of those Weapons which at one time or another will return upon those that use them Solid Arguments strong Reasons and Authorities are more fit for confutation of any Error and satisfaction of different Judgments When the Emperor took a Bishop in compleat Armor in a Battel he sent the Armor to the Pope with this Word Haeccine sunt vestes silii tui So may I say to those Gentlemen abroad as to their Railings Taunts and Threats against the Law Haeccine sunt Argumenta horum Antinomianorum They will be found of no force but recoyling Arms. Nor is it ingenious or prudent for Englishmen to deprave their Birthright the Laws of their own Countrey But to return to the Matter in Debate I can find neither strangeness nor foresee great inconvenience by passing of this Act and therefore if the House shall think fit to have the Question put for the passing of it I am ready to give my Affirmative The Question being put It was unanimously carried That the Act should pass for turning the Law-Books and the Process and Proceedings in the Courts of Justice into English 23 Letters from Scotland of the Proceedings of the Army in Mining Edinburg-Castle and that part of the King's House there was burnt 25 Letters That the Scots Officers had sent to break off any Treaty of Accommodation and that they were to have a general Meeting for reconciling all Parties That among some Tories taken in Scotland one was an Elder of the Kirk who confessed the killing of some of the English being instigated by the Ministers That C. Monk had taken in the strong Castle of Roswel That the Scots were agreed amongst themselves and raising Forces to recruit their Army to 30000. 26 Letters That C. Axtel Governour of Kilkenny marched forth with about 800 Horse and Foot to relieve the Parliaments Garrison
coast and not a small Vessel escapes them that they have 36 Oares 7. That the Scots could not agree at Edenburgh That divers gentlemen in the High lands subscribed to act nothing prejudicial to the Common-wealth of England and submitted to it 9. Letters That the Major-General had found out a Vale between the Marre and Athole which would keep 1500 Horse for 14 daies and therefore would stay longer in the High lands and had sent a summons to Clankerry and his forces about 2000 men to come in to him That Van Trump with 125 Sail of Ships was upon the Coast of Aberdeen and took an English Ship worth 2000 l. and detained all the men that he had 5 fire Ships 5 Gallies for Intelligence and 115 men of War That General Blake was come near to Van Trump That the Earl of Glencare and divers Gentlemen were with the Major-General who punished divers Soldiers for pillaging That the French had taken an English Ship of 300 Tuns That Sir George Ascue took 4 Prizes French and Dutch and brought in 4 English Ships That Zealand and Amsterdam Petitioned the States to give Commissions to Prince Rupert and his Fleet. 10. Order of Parliament for a day of Publick Humiliation A Bill read for the Settlement of Ireland An Act passed to inable the Judges of the Northern Circuit to hold Assizes at Durham Referred to the Lord Mayor Aldermen and Justices of Peace of London to examine what Lead had been taken off from St. Pauls Church and to prevent the taking away any more Letters That General Blake was off at Sea near Scarborough and that 44 Dutch Ships were near Rye in Sussex That the new Committee of Sequestrations in Hertford Shire make void the former Leases of Sequestred Lands contrary to right 11. Letters That Trump by a Storm at Sea had the greatest part of his Navy lost and spoiled and came home with but 40 Ships 60 men of War missing and Two of their East-India Ships cast away 12. An Act passed for settling the Affairs of Ireland for satisfaction to the Adventurers and Soldiers out of Lands there and for Provision of maimed Soldiers and for the Widows of Soldiers slain in the Parliaments service there and a List of the Persons excepted from pardon 13. A Petition from the Officers of the Lord-General his Army reciting that they had often sought the Lord and desire these particulars to be considered 1. That speedy and Effectual meanes may be used for promoting the Gospel Prophane and Scandalous Ministers be outed good Preachers incouraged maintenance for them Provided and Tithes taken away 2. For regulation of the Law and what the Committee for it have propounded may be debated and incouragement given to them 3. That Prophane Scandalous and Disaffected Persons in all places of Authority may be removed by Act of Parliament and well affected Persons put in and all to be such as fear God and hate Covetousness 4. To redress abuses in the Collecting and Manageing of Excise 5. That publick Faith Debts be justly Satisfied and firct to the poorer sort and before any more of the publick Revenue be given away to particular persons 6. For stating the Accounts and satisfying the arreares of Soldiers and care for maimed Soldiers and Widdowes and Children of Soldiers slain 7. That all Articles of War given to the Enemy may be made good 8. That the publick Revenue may be brought into one Treasury with Officers to be appointed by Parliament and their receipts and disbursement published half yearly 9. That a Committee may be appointed out of the House to consider of unnecessary Offices and Salaries 10. For setting the Poor to work punishing beggars and providing for the impotent 11. For liberty in Corporations for those who have served the Parliament to use Manual occupations 12. For qualifications of such as shall sit in future Parliaments The Speaker from the Parliament returned to the Petitioners the hearty thanks of the house for their great care and love to the publick Many were unsatisfied with this petition looking upon it as improper if not arrogant for the Officers of the Army to the Parliament their Masters and Cromwel was advised to stop this way of their petitioning by the Officers of the Army with their swords in their hands lest in time it may come too home to himself But he seemed to slight or rather to have some design by it in order to which he put them to prepare way for him Letters of the Ships come with Armes Ammunition and men which were feared to have been lost That the Major-General was retreated to St. Johns Town wanting provisions to continue the pursuit of the thievish Highlanders Of the Highlanders generally submitting to the Parliament of England That the Hart Frigot fought with 3. Dutch ships but was taken by them 14. Letters That the Dutch fleet that appeared neer the Goodwin Sands caused the Kentish men to be up in armes lest they should land That a Portugal Ambassador was arrived at Plymouth From General Blake to the Councel that he was safely arrived with his Fleet from the Northward Of a Dutch private man of war taken after a Sharp fight sunk by two English Catches 15. Letters to the Councel of State of General Blakes standing off to the coast of Holland to looke after the Dutch fleet who were gone off from the Coast of Sussex 16. Letters That the Commissioners for the several Counties in Scotland were to meet at Edenburgh to choose Commissioners to attend the Parliament of England That the Assembly of the Kirke at Edenburgh agreed upon an Act and Overture of the general Assembly for the peace and Vnion of the Kirke With a letter to the Nobility and Gentry and all other wise and pious persons to promove the same 17. Vote for transportation of all Commodities to the Parliaments quarters in Ireland custom-free Referred to the Councel of State to send over Preachers into Ireland and to give them Salaries Referred to the Commissioners in Ireland to provide for maimed Soldiers and Widowes there Addition of names to the Bill for sale of forfeited lands Letters of a Fleet of Dutch Ships upon the Sussex coast who took and plundered some English Fishermen that the Country thereabouts fired their Beacons 18. That 42 of Trump's scattered Ships were safe at Shetland and the Two East-India Ships supposed to be lost That Sir George Ascue and the Dutch Fleet were ingaged about Plymouth and there had passed between them 2 or 3000 Shot 19. Letters That Argyle promised to go and submit to the Parliament of England 20. Letters That Sir George Ascue was ingaged with 80 Sail of the Dutch near Plymouth as Captain Packe related who was brought off in a Ketch having his Leg shot off that 200 Men went from Shore chearfully in their Boats to relieve Sir George Ascue That the Hollanders lost Two Ships one sunk and
their parts Provided this liberty be not extended to Popery or Prelacy nor to such as under the profession of Christ hold forth and practise Licentiousness XXXVIII That all Laws Statutes Ordinances and Clauses in any Law Statute and Ordinance to the contrary of the aforesaid Liberty shall be esteemed as null and void XXXIX That the Acts and Ordinances of Parliament made for the Sale or other Disposition of the Lands Rents and Hereditaments of the late King Queen and Prince of Arch-bishops and Bishops c. Deans and Chapters the Lands of Delinquents and Forest Lands or any of them or of any other Lands Tenements Rents and Hereditaments belonging to the Commonwealth shall no way be impeached or made invalid but shall remain good and firm And that the securities given by Act and Ordinance of Parliament for any sum or sums of money by any of the said Lands the Excise or by any other Publick Revenue and also the Securities given by the Publick Faith of the Nation and the engagement of the Publick Faith for satisfaction of Debts and Damages shall remain firm and good and not be made void and invalid upon any pretence whatsoever XL. That the Articles given to or made with the Enemy and afterwards confirmed by Parliament shall be performed and made good to the persons concerned therein And that such Appeals as were depending in the last Parliament for relief concerning Bills of Sale of Delinquents Estates may be heard and determined the next Parliament Any thing in this Writing or otherwise to the contrary notwithstanding XLI That every successive Lord Protector over these Nations shall take and subscribe a solemn Oath in the presence of the Council and such others as they shall call to them That he will seek the Peace Quiet and Welfare of these Nations cause Law and Justice to be equally Administred and that he will not violate or infringe the matters and things contained in this Writing and in all other things will to his Power and to the best of his understanding govern these Nations according to the Laws Statutes and Customs XLII That each person of the Council shall before they enter upon their Trust take and subscribe an Oath That they will be true and faithful in their Trust according to the best of their knowledge And that in the Election of every Successive Lord Protector they shall proceed therein impartially and do nothing therein for any promise fear favor or reward The Oath taken by His Highness Oliver Cromwel Lord Protector WHereas the Major part of the last Parliament judging that their sitting any longer as then constituted would not be for the good of this Common-wealth did Dissolve the same and by a Writing under their hands dated the Twelfth day of this instant December resigned unto Me their Powers and Authorities And whereas it was necessary thereupon That some speedy course should be taken for the settlement of these Nations upon such a Basis and Foundation as by the Blessing of God might be lasting secure Property and answer those great ends of Religion and Liberty so long contended for And upon full and mature Consideration had of the Form of Government hereunto annexed being satisfied that the same through Divine Assistance may answer the Ends afore-mentioned And having also been desired and advised aswell by several Persons of Interest and Fidelity in this Commonwealth as the Officers of the Army to take upon Me the Protection and Government of these Nations in the manner expressed in the said Form of Government I have accepted thereof and do hereby declare My acceptance accordingly And do promise in the presence of God That I will not violate or infringe the matters and things contained therein but to My power observe the same and cause them to be observed and shall in all other things to the best of My understanding Govern these Nations according to the Laws Statutes and Customs seeking their Peace and causing Justice and Law to be equally administred O. Cromwel Oliver Cromwell Captain General of all the Forces of this Commonwealth and now declared Lord Protector thereof did this Sixteenth day of December One thousand six hundred fifty three Sign this Writing and solemnly promise as is therein contained in presence of the Lords Commissioners of the Great Seal of England who Administred the same Oath and of the Lord Mayor and Aldermen of the City of London divers of the Judges of the Land the Officers of State and Army and many other persons of Quality The Writing mentioned in the Oath was in these Words December 12. 1653. UPon a Motion this day made in the House that the sitting of this Parliament any longer as now Constituted will not be for the good of the Commonwealth And that therefore it was requisite to deliver up unto the Lord General Cromwel the Powers which they received from him These Members whose Names are underwritten have and do hereby resign their said Powers to his Excellency The same Day the Council did set forth this Proclamation BY THE COUNCIL WHereas the late Parliament Dissolving themselves and resigning their Powers and Authorities The Government of the Commonwealth of England Scotland and Ireland by a Lord Protector and Successive Trienial Parliaments is now Established And whereas Oliver Cromwell Captain-General of all the Forces of this Commonwealth is declared Lord Protector of the said Nations and hath accepted thereof We have therefore thought it necessary as we hereby do to make Publication of the Premises and strictly to Charge and Command all and every person and persons of what quality and condition soever in any of the said three Nations to take notice thereof and to conform and submit them selves to the Government so established And all Sheriffs Majors Bayliffs and other Publick Ministers and Officers whom this may concern are required to cause this Proclamation to be forthwith Published in their respective Counties Cities Corporations and Market Towns To the end none may have cause to pretend ignorance in this behalf Given at White-Hall this sixteenth day of December 1653. 17 The new Lord Protector observed new and great State and all Ceremonies and respects were paid to him by all sorts of Men as to their Prince 19 Letters that the Highlanders dispersed themselves for their Levys and intended to force unreasonable Contributions That some of them near Durham robbed the Post Boy took away his Letters Horse Coat and Twenty pence in money That Major Murryhead was taken Prisoner by a Party of the English he being on his Journey to the Highlanders That Captain Lisle with a Party of the English Army fell into the Enemies Quarters and took Two Captains one Cornet one Quarter-Master a Corporal and twenty private Souldiers and about forty Horse and some Armes fired the House and killed three Men and lost not one Man and but one wounded in the Thigh That by Order Captain Lisle met with Collonel Morgan and they marched seven Miles into the Highlands
could not enter but if the blessing and presence of God go along with you in management of your Affairs I make no question but he will enable you to lay the top-stone of this work But this is a Maxim not to be despised Though Peace be made yet it is Interest that keeps Peace and further than that Peace is not to be trusted The great End of calling this Parliament is That the Work of God may go on that the Ship of this Commonwealth may be brought into a â—afe Harbor I shall put you in mind that you have a great work upon you Ireland to look to that the beginning of that Government may be setled in honour That you have before you the considerations of those Foreign States with whom Peace is not made who if they see we manage not our Affairs with prudence as becomes men will retain hopes that we may still under the disadvantages thereof break into confusion I shall conclude with my persuasion to you to have a sweet gracious and holy understanding one of another and put you in mind of the counsel you heard this day in order thereunto And I desire you to believe that I speak not to you as one that would be a Lord over you but as one that is resolved to be a Fellow-servant with you to the interest of this great Affair Then he wish'd them to repair to their House and exercise their own liberty in the choice of their Speaker After he had done the Members went to their House and chose the old Speaker Mr. Lenthal Master of the Rolls to be their Speaker and Mr. Scobel to be their Clerk and Mr. Berkshead to be the Sergeant at Arms to attend them Then they appointed a Day of Humiliation the 13 of September to be kept by the Parliament City and Parts adjacent and the 4th of October to be kept in all other Parts of England Scotland and Wales and the 13 of November in Ireland and so they adjourned till the next day 5 The Parliament sate and called over their Members the House appointed a Committee of Priviledges and ordered That no Petition concerning any Election should be received after three Weeks 6 An Ordinance published For Ejecting Scandalous Ignorant and Insufficient Ministers and Schoolmasters and Commissioners appointed in the respective Counties for that purpose Some Considerations was had in the House touching the Priviledge of the Parliament in their freedom in debate Then the Lord Protector 's Speech to them was taken into consideration and amongst the Particulars thereof the Foreign Negotiations were mentioned and particularly that of Swedeland Which caused Whitlock to make the following Relation Mr. Speaker I Held it my Duty though the present Occasion had not been offere to give a clear Account to this Honourable House of that Negotiation wherein I had the Honour to serve the Common-wealth lately in Swedeland with the general Transactions and Issue thereof and the great Respects testified to this Commonwealth in those places and by those Princes and States beyond the Seas where I had occasion to be during this my Imployment that you may judge of the success and advantages thereof I shall not mention the great difficulties and opposition which I met with from some in that Court and from the Danish and Dutch Publick Ministers and Party there whose high interest it was to hinder your Alliance with that Crown Neither shall I Particularly insist upon and acquaint you with the great dangers both by Sea and Land through which it pleased God to bring me and to preserve me lest I should seem to magnifie that which was but my Duty to undergo any Hazards or Perils for your Service Only Sir you will give me leave not to forget the goodness of God to me and my company in our great deliverances which the Lord was pleased to vouchsafe to us and which I hold my self obliged to remember with all thankfulness to his immediate hand of goodness to us Sir Your Servants had extraordinary Respect and Civility manifested to them both by the Officers and People of that Countrey in their long Journey and upon their safe arrival at the Court at Vpsale by all sorts of People of inferior rank and of the greatest Ones and by the greatest of them the Prince Heretier and by the Queen her self who sought to make appear her Affection and Regard to this Nation by her Favors to your servant which did much exceed those which she usually allows to others of the like condition In our Ceremonies wherein that Nation are very punctual I confess I was somewhat refractory to their Expectations out of my Zeal to keep up the Honour of my Nation and even those things have such a signification in such Affairs but they were well past over and then we fell to our business wherein I found those with whom I discoursed and treated to be full of Experience Abilities and Wisdom and some of them full of subtlety and too much inclining to use delays for their particular advantage which you will pardon those to take the more notice of who were at so great a distance from their Countrey and Relations I thought it behoved me for the service of my Countrey and she better performance of the Trust that time reposed in me to acquaint my self by the best means I could with the nature of the People their Government the Quality of their Governors their Religion Strength and Trade and other matters relating to them This I did not only by studying of Books but of Men also in the Conversation and Treaties which I had with them and wherein I endeavored to gain information of these things from them added to my own observations on the place I found the People hardy and stout and the more inured to it by the sharpness of their Climate which renders them the more able for Military Service They are obedient to their Rulers but amongst their Equals too much addicted to Quarrelling and Drinking that ferments the other They are yet very Courteous to Strangers in their travaling and sojourning not making a Prey of them nor deceiving them nor deriding them in their ignorance of the Coâ—ntrey or Language but affording them all accommodations for their money which they expect Their Governours are wise expert and po-Iitick keeping their distance and the rules of justice but they will hardly Pardon any neglect the omission of a Ceremony or not returning a Visit is enough with some of them to break off a treaty of the greatest Consequence Though they Practice much delay when they judge their interest to require it yet they observe honourably their Capitulations and though both Rulers and people regard their particular Interest in the first place yet it is not with the excluding of justice and honesty Their Government is by Municipal Laws and Customes and by Acts of their Supream Councel which hath the Legislative power and is the same in effect if not the
delivered to the President of the Councel till some time after the date of it the next day they received this Order or Warrant from the Protector Oliver Protector RIght trusty and right well beloved We greet you well Whereas by an Ordinance Entituled An Ordinance for the better regulating and limiting the Jurisdiction of the High Court of Chancery It is among other things Ordained that the Masters of the Chancery in Ordinary shall be only six in number to be now and from time to time appointed by the Lord Protector for the time being We according to the said Ordinance do appoint William Lenthal Esq Master of the Rolles John Sadler Nathanael Hubart Arthur Barnardiston Thomas St. Nicholas and Kâ—bert Aldworth Esq to be the six Masters of the Chancery in Ordinar and do hereby signifie unto you our pleasure that they be sworn and admitted accordingly given at White-Hall this second day of May 1655. To our Right trusty and Right well beloved Sir Bulstrode Whitelocke Knight Sir Thomas Widrington Kt. and John L'Isle Esq Lords Commissioners of the Great Seal of England Upon Receipt of this Warrant they gave the Oath to the six Masters of the Chancery named in the Order it being the old Oath and they proceeded in ordinary business of the Court according to the former course Letters from the Barbadoes of some Dutch Ships there Trading seized upon by Pen and his Fleet ready to sail from thence but whither the Officers knew not That they only waited for more stores from London which were not yet come to them That Pen had here recruited his men and sent some Forces to the Leeward Islands That the English here love to Trade more with the Dutch then with their Country men That Pen and Venable settled in the Barbadoes a Court by Commission to levy what should appear to be owing there to the Dutch and to make seizures of all Dutch who should Trade there That they were now six thousand Land-men and five thousand Sea-men and intended shortly to set Sail upon their design Letters of the Duke of Savoys cruel persecuting the Protestants in Piedmont by taking away their Goods and Estates and putting them in Prison and carrying away of their Children using all means with violence to make them forsake their Religion and the purity of the Gospel which when they could not do the Priests persuaded the Duke to send an Army against them to force them to Conformity who sent eight thousand men against these poor quiet people and Loyal Subjects the Army fell upon them slew many of them with small loss and took many Prisoners whom they used with all cruelty and then put them to death Others of them with their Wives and Children fled unto the Mountains whilst the Soldiers plundered their Houses and then fired them and their Churches A Solemn Fast was kept throughout London and Westminster During this Easter Term the Commissioners of the Great Seal proceeded in Chancery according to the former course of that Court and did not execute the Protectors new Ordinance which was informed to him but he could not disturb them till the Term was over and then was quick with them for their disobedience June 1655. Divers sollicitations were made to Whitelocke by sundry persons whose interest lay that way that he should recant the Letter he had subscribed with Widdrington and Lenthal that he was not satisfied to execute the Protectors New Ordinance concerthe Chancery and that he would promise to do it and to Conform to his Highness pleasure and that then he should be continued in the place of Commissioner of the Great Seal otherwise he must expect to be put out of that good and great Office Whitelocke answered them that no worldly considerations could prevail with him to do any thing contrary to his Judgment and Conscience for then he knew he should offend a greater Protector and better Friend than my Lord Protector could could be That he had taken an Oath to execute the place of Commissioner of the Great Seal Legally and Justly and for him to execute this Ordinance as a Law when he knew that those who made it had no Legal power to make a Law could not be justified in Conscience and would be a betraying of the Rights of the people of England and too much countenancing of an illegal Authority That as long as he should continue a Commissioner of the Great Seal he would execute that place according to Law and do right to the parties in Court after the best of his Judgment and Conscience but to do an Illegal Act and to execute such an Ordinance as he knew not to be agreeable to Law and would be an occasion of Injustice to many because he would thereby keep himself in the place of a Commissioner he thought was not according to good Conscience nor honesty and therefore he resolved to give himself satisfaction rather than any other and further than this he could not be persuaded This Order was brought to the Lords Commissioners To the Right Honorable the Lords Commissioners of the Great Seal My Lords I Am commanded to signifie unto your Lordships his Highness and the Councels pleasure That your Lordships do attend his Highness with the Great Seal at six of the Clock this Evening I am My Lord your Lordships most humble Servant Henry Scobell White-Hall June 6. 1655. As soon as this Letter came to them they understood the meaning of it and attended with the Great Seal at the time appointed at the Councel-Chamber and were after a little waiting called in The Protector gravely told them That he was sorry some of them could not satisfie their own Consciences to execute the Ordinance concerning the Chancery which they were informed had much good in it to the publick but he confessed that every one was to satisfie himself in matter to be performed by him and that he had not the worse opinion of any man for refusing to do that whereof he was doubtful but in this particular the Affairs of the Common-Wealth did require a Conformity of the Officers thereof and their Obedience to Authority and being some of them refused to execute this Act as was enjoyned they were compelled thereby to put this charge of the Custody of the Great Seal into the hands of some others who might be satisfied that it was their duty to perform this Command and to put the Ordinance in Execution Whitelocke being the antientest of the Commissioners told his Highness That their scruple was not upon the Authority of his Highness and the Councel as to the Command of all matters concerning the Government of the Common Wealth but only as to the effect of this Ordinance to be Executed as a Law the which they apprehended and had formerly given their reason for it would be of great prejudice to the Publick and would be contrary to what they had formerly by their Oath promised and being yet unsatisfied
Articles in the Petition and Advice excepting such as since have born Arms for your Highness or the Parliament or have been admitted to sit and serve in the Parliament of this Commonwealth and are of good life and conversation or such as shall hereafter be declared by your Highness with the advice of your Council to have given some signal testimony of their good affection and continuance in the same That the Proviso in the said fourth Article be explain'd thus viz. That such English and Scotish Protestants who since the defection of the Earl of Ormond and the Lord Inchiquin and before the first day of March 1649. have born Arms for and ever since continued faithfull to the Parliament or your Highness or have otherwise before the said first day of March 1649. given signal testimony of their good affection to this Common-wealth and have ever since continued faithfull to the same shall not be debarred or deemed uncapable of electing or being Elected to serve in Parliament And whereas in the said fourth Article Publick Ministers or Publick Preachers of the Gospel are disabled to be Elected to serve in Parliament It is hereby explained and declared to extend to such Ministers and Preachers only as have Maintenance for Preaching or are Pastors or Teachers of Congregations In the said fourth Article That in stead of Commissioners to be appointed by Act of Parliament to examin and try whether the Members to be Elected for the House of Commons in future Parliaments be capable to sit according to the Qualifications mentioned in the said Petition and Advice there shall be the Penalty and Fine of a 1000 pounds laid and inflicted upon every such unqualified Member being so adjudged by the said House of Commons and imprisonment of his Person until payment thereof And that the ensuing Clauses in the said Article viz. We desire that it may by your Highness Consent be Ordained That forty and one Commissioners be appointed by act of Parliament who or five or more of them shall be Authorized to examine and try whether the Members to be Elected for the House of Commons in future Parliaments be Capable to sit according to the qualifications mentioned in this Petition and Advice and in case they find them not qualified accordingly then to suspend them from sitting until the House of Commons shall upon hearing their particular Cases admit them to sit which Commissioners are to stand so Authorized for that end until the House of Commons in any future Parliament shall nominate the like number of other Commissioners in their places And those other Commissioners so to be nominated in any future Parliament to have the same Power and Authority That the said Commissioners shall Certifie in writing to the House of Commons on the first day of their meeting the cause and grounds of their suspensions of any person so to be Elected as aforesaid That the Accusation shall be upon Oath of the Informant or of some other person That a Copy of the Accusation shall be left by the party accusing in writing under his hand with the party accused or in his absence at his house in the Country City or Town for which he shall be Chosen if he have any such House or if not with the Sheriff of the County if he be chosen for a County or with the chief Magistrate of the City or Burrough for which he is chosen shall not be put in Execution or made use of but shall be void frustrate Null and of none effect and shall be so construed and taken to all intents and purposes whatsoever anything contained in the said Petition and Advice to the contrary notwithstanding In the fifth Article That the Nomination of the Persons to supply the place of such Members of the other House as shall die or be removed shall be by your Highness and your Successors In the seventh Article That the monies directed to be for the supply of the Sea and Land Forces be issued by Advice of the Council And that the Treasurer or Commissioners of the Treasury shall give an Account of all the said money to every Parliament That the Officers of State and Judges in the Ninth Article of the said Petition and Advice mentioned shall be chosen in the â—ntervals of Parliament by the Consent of the Council to be afterwards approved by Parliament That your Highness will be pleased according to the usage of former Chief Magistrates in these Nations and for the better satisfaction of the People thereof to take an Oath in the form ensuing I do in the presence and by the Name of God Almighty promise and swear That to the uttermost of my power I will uphold and maintain the true Reformed Protestant Christian Religion in the purity thereof as it is contained in the Holy Scriptures of the Old and New Testament to the uttermost of my power and understanding and incourage the Profession and Professours of the same and that to the utmost of my power I will endeavour as chief Magistrate of these three Nations the Maintenance and Preservation of the Peace and safety and of the just Rights and Privileges of the people thereof And shall in all things according to my best knowledge and power govern the people of these Nations according to Law That your Highness successors do before they take upon them the Government of these Nations take an Oath in the Form aforesaid That all such persons who now are or shall hereafter be of the Privy Council of your Highness or Successors before they or either of them do act as Counsellors shall respectively take an Oath before persons to be authorised by your Highness and Successors for that purpose in the Form following I A. B. doe in the presence and by the Name of God Almighty promise and swear That to the uttermost of my power in my place I will uphold and maintain the true Reformed Protestant Christian Religion in the purity thereof as it is contained in the Holy Scriptures of the Old and New Testament and encourage the Profession and Professors of the same And that I will be true and faithfull to His Highness the Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging as Chief Magistrate thereof And shall not contrive design or attempt any thing against the person or lawfull Authority of his said Highness and shall keep secret all matters that shall be treated of in Council and put under secrecy and not reveal them but by Command or consent of His Highness the Parliament or the Council and shall in all things faithfully perform the trust Committed to me as a Councellor according to the best of my understanding in order to the good Government Peace and Welfare of these Nations That the same Oath be taken by the members of your Highness Council of Scotland and Ireland That every person who now is or hereafter shall be a Member of either House of Parliament
Council of State though he was a Member of the House and referred his further examination to the Council His crime was for perswading his Souldiers to obey the Parliament and to stand against Charles Stuart The like Approbation of what the Council had done in the case of Haslerigge and his further examination referred to the Council Letters that Overton perswaded divers Officers to stand against having a single person in the Government the Council reported this and referred to them Letters from Sir George Ascue of the King of Sweden's Death of a Feaver at Gottenburg Lambert committed to the Tower by the Council of State Letters that the King went from Brussels to Calais 8. Votes touching the Militias A Proclamation for executing the Laws against the Papists 9. Votes touching the Assessment The Bill for calling a new Parliament 25 of April committed and the Committee to consider of Qualifications 10. Orders touching the Militia of London and other Militias in a generall Bill Letters from Overton to Monk and to the Council wherein he submits to their commands and protests his faithfullness in defence of his Countries rights against any Arbitrary or Kingly Innovation He was discharged of his command In his Letter to Monk he fears running back to the Old Bondage of Kingship and puts Monk in mind of his former Declarations for a Commonwealth Letters from Lawson and his Officers Resolutions to acquiesce in the Determinations of Parliament and his Excellency the like of other Forces Sir Peter Killegrew made Governour of Pendennis Castle by Monk and Mr. Maurice made by him Governour of Plymouth Meetings of some Persons of Quality with Monk and his Officers about bringing in of the King Colonel Fairfax made by Monk Governour of Hull and Overton obeyed Order to take off from the File the examination of Sir George Booth and his Lady Orders touching the Trinity House The Act past for the Proclamation to put the Laws in execution against Popish Priests and Recusants Hollis made Custos Rotulorum of Dorset The Act past for the Militia of London The Act of the Militia past with a clause that every Commissioner before he acted shall acknowledge and declare That the War undertaken by both Houses of Parliament in their defence against the Forces raised in the name of the late King was just and lawfull and that Magistracy and Ministry are the Ordinances of God 13. The engagement to be true and faithfull to the Commonwealth without a King or House of Lords voted to be discharged and all orders for taking it expunged Serjeant Mainard Prinne and others to see it done Vote to discharge Dr. Owen from being Dean of Christ-Church and Dr. Reynolds to be put into that place Orders for maimed Souldiers 14. An Act passed for Approbation of Ministers Vote to disable those who had assisted in the Irish Rebellion or are Papists to serve as Members of Parliament and of those who have been in the War against the Parliament to serve as Members of the next Parliament Sir George Gerrard made Chancellour of the Dutchy of Lancaster and Mr. Lechmore Attorny of the Dutchy and the Speaker Lenthall Chamberlain of Chester Serjeant Waller Chief Justice of Chester Serjeant Seys and Mr. Jones Judges of North-Wales Mr. Foxwist to judge in Chester Mr. Corbet Mr. Hoskins and Mr. Manley Judges in Wales Power to the Council of State to issue forth Proclamations as they shall find cause till the sitting of the next Parliament Monk God-Father to Lenthal's Son Monck feasted at Cloathworkers-Hall The Publick Minister of Sweden had audience at the Council of State and declared the King's Death Monk chosen M. G. of the City Forces and advised them to disarm dangerous persons and to keep Guards 15. Resolution of the House that Prizage Wines ought to to pay no customs Almost 10000 l. given to M. G. Brown secured and 20000 l. given to Monk An Act to put in suit securities taken in the Protectors name Orders touching monies The Registers Office in Chancery granted to Mr. Corbet and Mr. Goodwin the grant of it to them was vacated and the difference about that Office betwixt Mr. Walter Long and the Lady Jermin referred to Hollis and Grimstone A Bill passed giving powers to the Council of State in the intervall of Parliament Credentials from the King of Sweden and Credentials to Philip Sidney and Sir Robert Honywood to that King referred to the Council of State A Bill passed for the Courts of Justice in Ireland Order to release Lambert upon his Parole Dr. Wren discharged of his Imprisonment and the Council impowered to discharge such others as they think fit Order to stay felling woods in the L. S. John's L. Craven's Estates The Act for the Militia in England and Wales passed 16. An Act for conferring 20000 l. upon Monk read thrice this day and passed and to make him Steward and Keeper of Hampton Court. An Act past for setling Incumbents in sequestred livings A Letter from Monk about the Bill of the Militia shewing himself unsatisfied in some clauses of it but upon a message to him by some of the Members he seemed satisfied but some thought this Interposition by him too high The Act passed for dissolving this Parliament with a Proviso not to infringe the Rights of the House of Peers A Day of Humiliation appointed to seek God for a blessing upon the next Parliament The Form of the Writ agreed for Elections for the next Parliament Thus this Parliament having from this day dissolved themselves every one departed to their particular occasions 17. Several Proclamations issued by the Council for preservation of the Peace 19. Many made their Applications to the King at Brussels and some obtained good Rewards from him who never merited any thing of him others obtained Pardons 20. A Declaration from the Lord Broghill and his Officers in Ireland for a free Parliament Colonel Berry committed by the Council Haslerigge Desborough and Kelsey passed their words to the Council to submit to the Government and to be peaceable The Common-council invited the Council of State and Monk for their own Safety to reside in the City till the sitting of the Parliament but they with thanks to the City did not accept it Much sollicitation was in all parts to get to be Parliament-men 24. The French Ambassadour visited General Monk whom he found no accomplished Courtier or States-man 26. Several Elections of Parliament-men were certified fit for the intended business 30. Letters that the King of Denmark refused the Peace mediated between him and Sweden 31. Proclamations issued out by the Council in order to the preservation of the Peace Mr. Praise-God Barebones signed an Engagement to the Council of State not to act any thing in disturbance of the Peace Mr. Scot did the like and his great friend Monk began to be more
of the Paâ—liament Montross Obstructions Jones Ireton U 〈◊〉 ties Ireland Cromwel sent for Reasons Scotland Ingagement Courts Marshal Durham Reports Pembroke Scots Declaration Kings Lands New Representatives Acts of Parliament proclaimed Ireland Report Letters from Rome February Gospel Stile Scotland Humiliation publick Register Hinderson Scotland Academy Scotland Army humilation Ingagement Scotland Ireland Gospel Scotland Preachers â—ct for â—eamen March Ministirs Ingagement Taunton Scots â—reland vote Sabboth Blasphemy Blasphemy Ireland Army Petition Ireland 〈◊〉 Judge Nicholas Ireland Letters London Address Answer April New Inventions L. Broghall 〈◊〉 Ireland 〈◊〉 〈◊〉 〈◊〉 Orders G. Blake Scots Ireland Kilkenny Witches Petition Vote Montrosse Massey Letter Cromwell 〈◊〉 Army Petition Scots Bonds Ireland Proposals Ireland Montross defeated May. Leeds Montress Kirk Montresse Adultery Act. H. Martin trepaâ— Montross Montross Scots Army Law Scotland Ireland 〈…〉 Ireland Clonmel Scots Ireland Scotland Cromwel Cromwel June Blake Scotland Cromwel Scotland Ireland army Ascham Murdered Lady Fitz-gerald acts South-wales Iuncto of State Resolution to invade Scotland Fairfax unsatisfy'd Conference with Fairfax Farfax Lays down his Commission Cromwell made General Court Marshal Ireland Scots Cromwel Scotland Act against Swearing Fleet. Barbados Message from the Scots York Ireland Victory Scotland Letters from Sir Charles Coot July High Court of Justice Plague Cromwel Adultery Act. Scots Scotland Blasphemy Proclamation Portugal Russia Amsterdam Ireland Cromwel G. Lesly Proclamation Baâ—bados Scotland August Amsterdam Spain Scotland Ireland Scotland Scotland H. C. of Justice Scots Scots Officers Cromwel Ireland Scotland Septemb. Call from God Fleer Scots Cromwell Victory at Dunbarre Scots Ministers Colours hung in Westminster Hall Scots London Ireland 〈◊〉 Ministers Letter from Cromwel Another Letter Barbados Blasphemy Ireland Scotland Proclamation sir John Gell. Lady Elizabeth H. C. of â—ustice Scots Barbados Scotland October Ireland Petition Scotland Portugal Kirk Ireland Scots The Engagement Trained Bands Fleet. The Law in English Scotland Cromwel Return of Iuries Cromwel Blasphemy Scots Pr Rupert Scots Ireland Novem. Law-business Irish Scots Proclamation Ministers Moss-Troopers Middleton The English Laws Kirk Ireland Victory C. Axtel December Blake Scots Portugal Sermon Scots Letters from Cromwel Declarations H. C. of Justice Blake Blake Scotland Spanish Ambassador Blake January Scotland Edenburgh Castle sâ—t rendred Scots H. C. of Justice Ireland Portugal Ambassador Coronaâ— at Schone Gr. Seal Scotland Blake New Seal Kirk February Kirk Aysebam Ambassadors to the States Hume-Castle Kings-Armes Ministery Hume-Castle Fenwick Councel of State Court-Marshal Cromwel Ireland Blake Mr. Fryes Book Ireland March Scotland Admirals Revolters Cook Dangerous Opinions Scotland English Ambassadors Holland April Apseley Ireland Van Trump Pyrates Kirk Ireland English Ambassadors Coalition Scilly Island May. Scots Scotland Scilly Island Petition Massey Scotland Cromwel P. Edward English English Ambassadors Scots Cromwell Holland Scotland June Sir George Ascut Scilly Island Ireland Scotland Mr. Love Scots English Ambassadors Holland Mr. Love Scots Lord Broghill Ireland July Ireland Scotland Mr. Love Cromwell Ireland Scots Cromwell Mr. Love Petition St. James's Fair. Jersey Ireland Scotland Love Cromwell Lambert Victory in Scotland Primers Ireland August Fise Battle Ministers Questions Brunt Island Mr. Love Scotland Cromweâ— Harrison Ireland Lord Broghill London Scots invade England Co. Alured Preston Harrison Oxford Letters from Lambert Mr. Love Scots Motion Sterling Castle Scots Letters from Fleetwood E. Derby Ministers Worcester Septem Scotland Worcester Vote C. Alured Tory. Ireland Monk Worcester Fight Letters from Cromwel Harrison Scotland Dundee Massey Sir Arth. Haselrigge Ireland Dundee Dundee Cromwel Scots Cromwel Fast-day Scots General Popham Ireland New Representative Hewson Okey C. Alured Scotland E. Derby October Conspirators Scotland Countess of Derby E. Derby Bill for a New Parliament Conspirators London Scots Moss-Troopers E. Derby King landed in Holland English and Dutch quarrel Ireland Bills Scots Discipline Commissioners for Scotland Holland Ambassadors The Kings Escape from Worcester Prisoners Petition Novem. Jersey taken Argyle Monk Isle of Man Jersey 〈◊〉 〈◊〉 〈◊〉 Isle of Man Scotland Jersey Votes for Dissolution Jersey Ireland Monk Kirk Huntley Massey Jersey Council of State Ireland Limbrick surrendred Scotland Scotland Jersey Ireland Decem. Ireton dies Preaching Cromwel Conference Petitions Scotland Dutch Ambassadors Votes Dutch Ambassadors Jersey Scotland Dutch Ambassadors Ireton Advice Jersey Elizabeth Castle Lambert Law Barbadoes Scotland Jersey Ayscham Januar. Scotland Haselrigge Scotland Monke Lilburne Committee of the Law Court-Marshal Scotland Votes Sweden Declaration Sea Vision 〈◊〉 Committee of Law H. Peters Februa Acts. Scotland Declaration Ireland Jersey Dutch Scotland Hewson Sir George Ascue Barbadoes Lambert Declaration Committee of Law Scotland Kens Town Ireland Petition Answer Scotland Hans Towns Holland March Blake Kirk Covenant Scotland Ireland Barbadors taken Lord willoughby Ireland â—â—ts Union Petition Danish Minister Scotland Union Ireland Bills Union Scotland Frigots Argyle April Dutch Union Ireland Lieutenant-General Ludlow Ireland Cracovian Catechisme Kirk Ireland Union Dutch Ambassadors Union Scotland Merchants Ireland Vote Hamilton Sir George Ascue Barbadon Scotland France L. Willoughby Sweden Conde Argyle May. Union Representative Captain How Judges in Scotland Ireland Fleet. Dutch Flag Ireland Van Trump Dutch Ambassadors Fight in the Downs Ireland June Throckmorton Judges Scotland Scotland Dunotter Castle Blake Dutch Paper Answer Scotland Dutch Ambassador Fight at Sea Blake Ireland Vote Cromwel Lambert distated Whitelocke Ireland Scotland Kirk Prerogative Sir George Ascue Register Kirk Tumult Storm Petition Votes in Answer to Dutch Paper Dutch Ambassadors Hewson Ireland Blake Ascue July Ireland Ascues Sea Fight Highlands Blake Dr. Winston Fleetwood Ascue Ireland Scots Dutch Fleet. Ascue Highlands Blake Kirke Highlands Dutch-Fleet Q. Sweeden Scots Presbyterian Blake Ascue Kirke Blake Ireland Blake Ireland Highlands Van Trump Ascue St. Pauls Van Trump August Army Petition Answer Cromwel Blake Kirk Ascue Fight Committee for Ireland Ascue Blake Scotland Blake Pen. Compalint Virginia Highlands Dutch Fleet. De Wit Denmark Septem Ireland Blake Wales Ireland â—udges â—rcuits in Scotland Highlands Dutch Bill Parl. Blake Dutch Mutiny Scotland English Judges Blake D. Tuscany Portugal Ambassador October Dutch Fleet. Witches Sea fight Ireland Storm Union Blake Denmark De Witt. Denmark Dutch Denmark Union Ireland Alderman Fowk Kirke Witches Scotland Dutch Petition Union Novem. Dutch Fleet. Union Cromwell Whitelock Blake Monk Parliament Navy Scotland Forreign Ministers Seamenincouraged Februa Placard Sea Fight Cromwell and Army against Parliament Prince Rupert Captain Bodiley Lord Lisle Holland March Scots Dutch Scotland Army Holland Anno 1653. Scots Declaration Sea Fight Irish Scotland Captain Appleton Ministers Sweden Cromwell Colliers April Irish Pamphlet Holland Scots Van Trump Cromwell Parliament turned out of Doors Kirk Cromwell Holland Declaration Great-Seal Sea Captains Scotland Dutch Holland Fleet. May. Durham Acknowledgments Coynen Cromwell Fleet. Dutch Kings-Bench Prison Army Ireland Bodiley Army Ireland Dâ—al Dutch Danâ—s French Ambassador Fleet. Ireland Highlands Army Dutch Ireland Cromwell Van Trump London Addresses Radnor Fleet. Van Trump Scots Jus divinum Sea Fight Dean Monk
Forces of Colonel Aston about four thousand refuse to disband profess for the Covenant and are incouraged by the Clergy that Major General Lambert is gone to disband them by force if there be no other way The Scots Anti-Covenanteers offered to joyn against the Sectaries in England In the Council of State the President Bradshaw spent much of their time in urging his own long arguments which are inconvenient in State matters and his part was only to gather the sence of the Council and to state the question not to deliver his own opinion 21. Vote That Papists in Arms might compound at a Moiety of their Estates Reference to the three Commissioners of the Navy of matters relating to the Fleet A Letter from the Lord Chief Baron Wilde of the Mayor and Justices of Excester refusing to appear at the Assizes referred to the Council of State and referred to them to take care against the ingrossing of Coal from Newastle A Book of the Lancashire Ministers called the Agreement of the People referred to the Committee of plundered Ministers to examine 22. The House sate not but divers Committees to prepare business for them The Countess of Carlisle was again before the Council of State about the last Summers Ingagement A Complaint to the Council of the Army against Woolaston Keeper of Newgate and an Officer sent to desire justice against him The King of France's agreement with the Parisians was refused by them The King of Denmark sent an Ambassadour to Prince Charles to offer him assistance A Minister of the Hague in the presence of divers others his Brethren made a complemental Speech to Prince Charles and stiled him most Illustrious King The Swedish Resident at the Hague made great rejoycing for the peace in Germany at every health 30. Pieces of Ordnance were discharged two Fountains were made to run with Claret and White Wine and in their Fire Works as the Letters relate the name of the Queen of Sweeden might be read very perfectly The Parliaments Declaration of their grounds and intentions of their late transactions published 23. An Act committed for relieving and setting the poor to work Order for the Lord Mayor and Sheriffs of London in Person to proclaim the Act for dissolving Kingly government and a Writ agreed for proclaiming it in the Market Towns of the Several Counties by the Sheriffs Order for eight thousand pound which should have been paid to the Scots to be for the Navy Order for Commissioners to be appointed to Inventory the goods and Personal Estate of the late King Queen and Prince and apprise them for the use of the Publick Order for an Act to be brought in to satisfy well affected persons to whom the King Q. or P. were indebted before the Wars out of the value of those goods and estate but that the first 30000â— to be raised by them be for the use of the Navy the Council of State to keep such of the goods as they should think fit for the use of the Common-wealth An Act for an assessment of 90000â— per mensem Ordered to be debated in a Grand Committee Order for a Commission to the Judge and other Officers of the Admiralty to try and give sentence on such Sea-men Prisoners as revolted to the Enemy A Report from the Council of State of several great Ships to be presently set out to Sea approved Referred to them to consider of raising monies by the Forests Chaces and Parks and the timber in them which is unfit for shipping The Council of the Army named two Officers of every Regiment to meet and seek God what advice to offer to the G. concerning Ireland and the Lieutenant General Cromwell was to give in his answer to the Council of State whether he will go for Ireland or not within two daies 24. The House sate in a grand Committee upon the Ordinance for assessments for the Army The Council of the Army proposed incouragements for those who would ingage for Ireland and the Regiments to be drawn out by lot Letters that Ormond proclaimed King Charles II. in Ireland and sent a Letter to C. Jones to advise him to come in to the obedience of the King and promising him great rewards if he do it and safety to all that come in with him and leave the pretended Parliament of England who have murdered their King and would introduce Anarchy C. Jones returned answer That he understood not how his Lordship came to that power that the Parliament of England would never have consented to such a peace as his Lordship made with the Rebels without any provision for the Protestant Religion That he knew not how that could be established by an Army of Papists to whose hands his Lordship had given up that whole Kingdom that he had rather suffer in his trust than to purchase to himself the ignominy of perfidy by any advantage offered to him Letters that Pontefract Castle was surrendred upon Articles six persons were excepted whereof three escaped that the Souldiers and Officers were to go to their homes first subscribing an ingagement not to advise act or take up Arms against the Parliament or Common-Wealth of England that they had two Months provisions and forty Barrels of Powder in the Castle 25. Easter day 26. The House sate not The Council of the Army agreed for incouragement of those who shall ingage for Ireland that they shall have three months advance of their pay and of their arrears and if they be slain those to have it to whom they shall assign it That a Court of Admiralty be in Ireland c. these things to be proposed to the House for their confirmation Letters from Ireland of Ormond's preparations for his Forces that the Vlster Scots declared against the Parliament and declined Monk that the Parliaments Army there are in great want and their interest in danger to be wholly lost in that Kingdom The heads of the Articles of Peace made by Ormond were 1. That the Roman Catholicks of Ireland have free exercise of Religion all penalties to be taken off not to be obliged to the Oath of supremacy to injoy Church livings in their possession and jurisdiction 2. For a Parliament when the Catholicks shall desire it 3. All Laws made in England since 1641. in blemish of the Catholicks to be vacated 4. All Indictments against them since that time to be vacated 5. That Catholicks may be elected and vote in Parliament 6. Debts to remain as in 40. 7. The Estates of freeholders in Connaught c. to be secured 8. All incapacities of the Natives to be taken away 9. All honours trusts imployments c. to be conferred on the Catholicks as well as Protestants 10. That the King take two thousand pound per annum for the Court of Wards 11. Noble men to have but two Proxies in Parliament 12. The depending of the Parliament of Ireland upon England to be