be Masters of the Chancery Extraordinary and that such Master or any Master in Ordinary after the answer so sworn before him shall sign the same and give it into Court himself or being sealed up deliver it to some person to deliver the same into Court and to make Oath that he did receive the same from the hand of such Masters of the Chancery and that since the receiving thereof the same hath not been opened or altered It is very dangerous to rely upon answers as this Rule directs for the Defendant may go into any Country and never call any person thereunto that knows him to be the same person 9. That upon delivering in the answer the Attorney for the Defendant do take care that he be provided with names of persons for Commissioners to be given by him upon a Rule given to rejoyn It is not possible until the Defendant doth know into what County the Plaintiff will take his Commission 10. When an answer is put in the Plaintiff shall reply within eight days if the answer were in Term time otherwise within four days after the beginning of the next Term unless the Plaintiff shall within eight days after the answer come and put in exceptions thereunto or promise the Cause to be set down for hearing on Bill and another to be heard the next Term otherwise the Cause to be dismissed without motion which Costs to be taxed by the chief Clerk This cannot be observed without great mischief that may happen in case where all the Defendants have not answered which may be the loss of a Cause where the Plaintiff hath occasion to put in a special Replication it cannot be known to his Councel or Attorney but by the Plaintiffs Information and experience hath found great inconvenience to confine the Plaintiff to such short time and it is the Cause of many Motions to enlarge it and the execution of this Rule is of no advantage to the Defendant as is conceived unless it be to surprise the Plaintiff from making the truth of his Case appear 12. That in case the Plaintiff think fit to except unto the answer for insufficiency the Plaintiff shall deliver the exception in writing to the Defendants Attorney within eight days after the answer Filed and shall enter the Cause with the Register and in the same order as they are entred the same shall be heard by the Master of the Rolles who shall appoint one or more days in the week for that purpose and at every sitting shall appoint his next day of sitting and how many of the said Causes shall be then heard upon exceptions in the same order as they are entred which days the parties shall attend at their peril And the Master of the Rolles upon hearing thereof shall give such Costs as be fitting This hinders the Defendants liberty to amend his answer without further delay or expence 13. That if a Defendant doth appear and answer insufficiently and it be so Ruled or shall plead demur and the same be over Ruled than if upon a Rule given he shall not answer within eight days the Plaintiff may proceed in such sort as is before directed in case the Defendant had not appeared This together with the sixth Article imposeth upon any person that lives remote without any notice or default in him to have his House broke open or any other House wherein he is and to be taken in contempt 14 That after an Answer If it appear at any time to the Court that no part of the matter of the Plaintiffs Bill is then proper for relief in that Court the Court shall dismiss the Bill with full Costs upon a Bill to be allowed by the Chief Clerk but if some particular part of the Bill be thought sit by the Court to be proceeded in the Court then shall direct the Examination and proceeding upon that particular point and the Defendant not to be inforced to proceed to Examine upon any other Matters This will create a multitude of Actions and Expence and in implicated Causes of fraud and trusts will be dangerous to break or cut them off and to give Judgment upon them before a Hearing and is of no advantage to either side but what the Court may thereby provide for at the hearing if any thing be unnecessarily Examined 15 The Plaintiff the next day after the Supplication Filed or the same day if he will shall cause a Rule to be Entred for the Defendant to Rejoyn and Joyn in Commission which if the Defendant shall not do within eight days the Plaintiff may take a Commission Exparte and the Defendant shall have no new Commission in that Cause This will be a means to surprize many persons in their just Defence without any provision against sickness or any other Accidents and if this be inforced as a Law all special Rejoynders for which there may be just Cause are taken away and it will destroy many a just Cause leave the party remediless and encourage false dealing 16 That no Witness shall be examined in Court but by one of the Examiners themselves but in case of sickness and that one of the Examiners shall examine the Witnesses of the Plaintiffs party and the other the Witnesses of the Defendants party if any be produced to be examined in Court and that no Clerk of that Office shall be a Solicitor upon pain of loosing his place No provision is made but that an Examiner being a Party must examine his own Witness or his Adversaries 17 That all Commissions for Examination of Witnesses shall be open The same will be in this as in the case of Subpoenas Patents and many more 19 That the Commissioners for Examination of Witnesses shall take an Oath before Execution of any Commission to Execute the same faithfully and impartially which each Commissioner is impowred to Administer to other And the Clerk or Clerks attending such Commissioners shall take an Oath which is to be Administred by the Commissioners to write down the Depositions of Witnesses truly and indifferently without partiality and a Clause shall be in the Commission for that purpose The Commission is a Writ in the Register and it is not mentioned or provided what the Form of the Oath or Clause to be inserted shall be nor by whom inserted and if this be extended beyond a Rule and taken for a Law any Plaintiff who shall loose his Commission shall loose his Cause and so of any other accident though never so unavoidable 21 That there shall be no more than two Commissions at the most for examination of Witnesses in any one Cause to be Executed in England or Wales unless where one shall be suppressed and in case either party have any Witnesses in Scotland or beyond the Seas to examine setting down the names of such Witnesses and delivering them to the Attorney of the other side he may take out a Commission within the time before limited wherein the adverse party may joyn if he will
be equally placed in Him and the Parliament but yeilded up at any time it determines his power either for doing the good he ought or hindering Parliamens from perpetuating themselves or from imposing what Religions they please on the Consciences of men or what Government they please upon the Nation thereby subjecting us to Dissettlement in every Parliament and to the desperate consequences thereof and if the Nation shall happen to fall into a blessed Peace how easily and certainly will their charge be taken off and their Forces be disbanded and then where will the danger be to have the Militia thus stated What if I should say If there should be a disproportion or disequality as to the power it is on the other hand and if this be so wherein have you had cause to quarrel What Demonstrations have you held forth to settle Me to your opinion would you had made me so happy as to let me have known your Grounds I have made a free and ingenuous confession of my Faith to you and I could have wished it had been in your hearts to have agreed that some friendly and cordial debates might have been towards mutual Conviction was there none amongst you to move such a thing no fitness to listen to it no desire of a right understanding if it be not folly in Me to listen to Town-talk such things have been proposed and rejected with stiffness and severity once and again was not likely to have been more advantagious to the good of this Nation I will say this to you for My self and to that I have my Conscience as a thousand Witnesses and I have my comfort and contentment in it and I have the Witness of divers here that I think truely scorn to own Me in a Ly that I would not have been averse to any alteration of the good of which I might have been convinced although I could not have agreed to the taking it off the Foundation on which it stands viz. The acceptation and consent of the People I will not presage what you have been about or doing in all this time or do I love to make Conjectures but I must tell you this That as I undertook this Government in the simplicity of my heart and as before God and to do the part of an honest man and to be true to the Interest which in my Conscience is dear to many of you though it is not always understood what God in his wisdom may hide from Us as to Peace and Settlement So I can say that no particular Interest either of my Self Estate Honour or Family are or have been prevalent with me to this Undertaking For if you had upon the old Government offered to me this one thing I speak as thus advised and before God as having been to this day of this opinion and this hath been my constant Judgment well known to many that hear me speak if this one thing had been inserted that one thing that this Government should have been and placed in my Family Hereditary I would have rejected it and I could have done no other according to my present Conscience and Light I will tell you my reason though I cannot tell what God will do with Me nor you nor the Nation for throwing away precious opportunities committed to US This hath been my Principle and I liked it when this Government came first to be proposed to me That it put Us off that Hereditary way well looking that as God had declared what Government he had delivered to the Jews and placed it upon such persons as had been instrumental for the Conduct and Deliverance of his People And considering that promise in Isaiah That God would give Rulers as at the first and Judges as at the beginning I did not know but that God might begin and though at present with a most unworthy Person yet as to the future it might be after this manner and I thought this might usher it in I am speaking as to my Judgment against making it Hereditary to have men chosen for their Love to God and to Truth and Justice and not to have it Hereditary for as it is in Ecclesiastes Who knoweth whether he may beget a Fool or Wise honest or not what ever they be must come in upon that account because the Government is made a Patrimony And this I do perhaps declare with too much Earnestness as being my own Conternment and know not what Place it may have in your Hearts and of the good people in the Nation but however it be I have comfort in this my truth and plainness I have thus told you my thoughts which truly I have declared to you in the fear of God as knowing he will not be mocked and in the strength of God as knowing and rejoycing that I am kept in my speaking especially when I do not form or frame things without the compass of Integrity and Honesty that my own Conscience gives me not the Lye to what I say and then in what I say I can rejoyce Now to speak a word or two to you Of that I must profess in the name of the same Lord and wish that there had been no cause that I should have thus spoken to you and though I have told you that I came with Joy the first time with some regret the second that now I speak with most regret of all I look upon you as having among you many persons that I could lay down my life individually for I could through the Grace of God desire to lay down my life for you So far am I from having an unkind or un-Christian heart towards you in your particular capacites I have that indeed as a work most incumbent upon Me I consulted what might be My Duty in such a Day as this casting up all Considerations I must confess as I told you that I did think occasionally this Nation hath suffered extremely in the respects mentioned as also in the Disappointments of their Expectations of that Justice that was due to them by your siâ—ting thus long and what have you brought forth I did not nor cannot apprehend what it is I would be loath to call it a Fate that were too Paganish a Word but there is somthing in it that we have not our Expectations I did think also for my self that I am like to meet with Difficulties and that this Nation will not as it is fit it should not be deluded with pretexts of Necessity in that great business of raising of money and were it not that I can make some Dilemma's upon which to resolve some things of my Conscience Judgment and Actions I should sinck at the very prospect of my Encounters some of them are general some are more special supposing this Cause or this Business must be caried on either it is of God or of Man if it be of Man I would I had never touched it with a finger if I had not had a hope fixed
pass for History themselves Only Julius Caesar writ in this kind with so much care to discourage any from writing after him but he design'd them for the World and deals not bonâ fide in the Story He takes no notice of his Scuffle with Metellus about the Sacred treasure and wheresoever his Prudence or his Justice might be arraign'd all is slurr'd over in Silence as they who Confront him with Plutarch Dion Cassius Ammianus Lucan c. may observe So that he composed his Commentaries with great Elegancy of Style but not with much Reputation to his Integrity The Author of these Memorials had not the same Temptations to Prevaricate nor can well be suspected of a Design to represent things otherwise than Faithfully to himself 'T is not the Style and Delicacies of Language that a Wise Reader expects in Writings of this kind 't is the Heart he seeks here and not the Countenance Here is no Preface of Insinuation of Indifferency and Impartially Our Author confesses every-where his Engagements his Party when he Proceeded and when he Retreated without casting any Mist to Lead you aside or Divert you where the Ways are Nice and Difficult from observing what were the Measures and where the danger of making a false Step. All are Naked here and the Party more likely to Suffer by the Truth than the Truth to have any Violence in Favour of a Party Hence it is that here we meet with many Secrets that never otherwise could have come to Light or would not have come without some Preparation and Adjustment And we find what were the Perplexities and what the Thoughts of the Principal Actours in the Critical Junctures and times of extreamest Difficulty and how they Steer'd in those black tempestuous Seas where no Chart or Compass could direct them We are told every where what the Intelligence and whence it comes without Reflecting on Persons and find always in him that principle of a Gentleman not to report Dishonourably of an Enemy And therefore is he the more Excusable in giving a fair Character of his Friends Livy every where made honourable Mention of Scipio Afranius and even of Brutus and Cassius often styling them Excellent Persons yet was he not the less beloved of Augustus Caesar nor had from him other Reprimand than to be called Pompeianus Nor did those times ever call them Rogues and Rigicides terms that afterwards a more degenerate Vn-Roman Generation under the Ministry of Sejanus bestowed upon them Lucian makes sport with a certain dealer in History who gave the Captain of his own Party the Name of Achilles and always call'd the Enemies General Thersites There are some sort of Writings devoted to the Passions and lower Agitations of the Soul to stir Anger and whet up a rusting Animosity But of all others it worst becomes an Historian to be dipt in any Drudgery of that nature 'T is an Affront to a Civil Reader who comes with a good Appetite hungry for the Truth to grate upon his Teeth with Reproaches and Aggravations or on the other hand to turn his Stomach with Nauseous Flourishes and Slavish Adulation The Reader comes not to Engage or List himself on a Party but expects with an Honest Neutrality to make Profit and a laudable Spoil from the Quarrels and Miscarriages of others and without declaring either for Guelph or Gibellin comes to reap the true Fruit of all the Toyl and Dangers that both have undergone he is to fill his head with Wisdom and seeks not the superficial Ornament of fading Laurels he studies not to be angry but to find Wit to his anger Our Author was too much in the World and too much a Philosopher for any such Malignity to infect his Pen nor was it in his Temper And certainly no man was ever better Furnisht or more Capable of Composing an History of these Times Worthy the Majesty of the English Name had he taken upon him that Province Some have an Opinion that it must be some General or some Ambassadour or some Prime Minister only that can be Sufficient for a Work of this nature But what can an Ambassadour perform beyond his own Circle and Negotiation Even Secretaries of State we know are not always of the Cabal nor their Intelligence the most infallible Nor is it to be thought that Hannibal bred in the Camp for all his discipline and his skill in Marshalling an Army could vye with Levy in managing a Pen in choosing his Words or disposing them in order nor could express that vigour of Style that address of Speech and Elocution All which are clear another sort of Talent Yet our Author not only served the State in several Stations and Places of the highest Trust and Importance both at Home and in Forreign Countreys and Acquitted himself with Success and Reputation answerable to each respective great Character but likewise conversed with Books and made himself a large Provision from his Studies and Contemplation like that Noble Roman Portius Cato as described by Nepos he was Reipublicae peritus Jurisconsultus magnus Imperator probabilis Orator cupidissimus litterarum A Statesman and learned in the Laws a Great Commander an Eminent Speaker in Parliament and an Exquisite Scholar He was all along so much in Business one would not imagine he ever had leisure for Books yet who considers his Studies might believe he had been always shut up with his Friend Selden and the dust of Action never faln on his Gown His relation to the Publick was such throughout all the Revolutions that few mysteries of State could be to him any Secret Nor was the felicity of his Pen less considerable than his knowledge of Affairs or did less Service to the Cause he Espoused So we find the words apt and proper for the Occasion the Style clear easie and without the least Force or Affectation of any kind as is shewn in his Speeches his Narratives his Descriptions and in every place where the Subject deserves the least Care or Consideration In all Occurrences in all the Messages Letters Remonstrances Petitions Representations Addresses Votes Conferences Orders Informations Proclamations Declarations and Proposals he delivers them in their Immediate Words in their own Cant and Dialect the more lively to express the particular Genius and that Ayr of Religion which in those Times overspread the face of Affairs The daily Passages and matters of Fact thus Simple and Vnadorn'd without being Pinn'd together and Lickt over to Advantage for Publick View may have as good Effect may be as Profitable and be as well Received by Men of Judgment as any Story drest up with Gloss and Artifice and all the Starch and Formality that ordinarily Recommend them to the World In matters of History none amongst the Moderns ever Merited better than Thuanus yet 't is observed without any Diminution to him that his Posthumous Work contains multa Falsissima Indigna many things most False and unworthy so great
greatly mistaken especially in their Censures not so proper for Historians nor becoming the Authors towards so knowing and active Princes Councils and Commanders as they are pleased frequently to judge and to condemn that they are not to be relyed on for they are much different from the truth of the proceedings of those honourable Actors in that War The Marquess of Hambleton sent Rea to the King of Sweden to offer his Assistance and that he would bring over Forces to him but some suspected the Marquess to have a deeper design under this pretence to begin to raise Forces to back his intended purpose of making himself King of Scotland But the Marquess being full of subtilty and in great favour with the King he wiped off all suspicion of himself goes on with raising of his Army and conducted it into Germany But so little care was taken of provisions and accommodations for his Men that they were brought into a sick and shatter'd condition so that they mouldred away in a short time and the Marquess was forced to return to England without gaining any great Renown by this action wherein he neither did Service to the King of Sweden nor to himself or to the Protestant Cause in Germany The Papists in Ireland grew into a great height Monasteries were there erected Papists frequented their publick Meetings and Masses with as much confidence and as often as the Protestants did their Churches and some of their Priests being apprehended by authority of the Governours were tumultuously rescued by the people of Dublin The Earl of Essex made a second adventure of Marriage with a Daughter of Sir William Pawlet who was of great Beauty but little Fortune some suspicion was raised touching her and a Divorce perswaded but she had at length a Child and the Earl her Husband owned it The Feoffees in trust for the buying in of Impropriations to be bestowed upon preaching Ministers were brought into the Exchequer for the breach of their trust and for bestowing Maintenance upon Nonconformists their Corporation was dissolved and their Money adjudged to the King Huntley before-mentioned being grievously censured in the High Commission Court and by them imprisoned brought his Action of false Imprisonment against the Keeper Mr. Barker and some of the Commissioners by name The Attorney General by the command of the King moved the King's Bench that the Commissioners might be spared and the proceedings to be only against the Gaoler upon much debate it was at last ordered that two of the Commissioners only should answer The Archbishop of Canterbury who did blow the Coal in this business and had ingaged the Commissioners in the Cause being first set on foot by himself in wrong courses did press the King by the Bishop of London to stay the Proceedings against the Commissioners The King sent his Advocate Dr. Rives to the Chief Justice requiring him that there should be no further proceeding in the Cause till he had spoken with him The Chief Justice answered We receive the Message but upon Consultation together the Judges conceived the Message not to stand with their Oaths commanding an indefinite stay of a Cause between Party and Party and might stop the course of Justice so long as the King would And they conceived the Doctor no fit Messenger all Messages from the King to them being usually by the Lord Keeper or the King's Attorney in Causes touching the course of Justice By the Courts desire the Chief Justice acquainted the Lord Keeper herewith and Bishop Laud and they both said the Message was mistaken and that the King intended to be in Town again within seven or eight days and then to speak with the Judges about it This Interpretation qualified the Message and the Lord Keeper feemed to agree that the Commissioners ought not to be exempted from answering but that there should be as much slowness in it as might stand with Justice otherwise the Commissioners would be weary of their places to be put to such trouble and charges Judge Whitelocke insisted on three Points 1. That it was against Law to Exempt or Privilege any man from answering the Action of another that would sue him 2. If the Court should Exempt any where should they begin and where should they end 3. That it stood with the King 's Monarchical Power that it might be lawful for any Subject to Complain before him of any other Subject and to be answered in that Complaint The High Commissinoners not contented with the Judges Answer herein caused the King to assume the Matter to himself who sent for the Judges and in the presence of the Lord Keeper and others Commanded the Judges not to put the Defendants to Answer This was at the Importunity of the Archbishop of Canterbury and the Bishop of London pressed the business violently on the behalf of the Commissioners At last they parted charged with the King 's Express Command that they should not put the Commissioners to answer and the Judges stoutly answered that they could not without breach of their Oaths perform that Command and so they parted in displeasure Afterwards by the King 's special Command this Matter was handled at the Council-table in presence of the Judges and after long debate and hearing of the Bishops of London and Winchester two of the Privy-council and of the Judges and King's Attorney it was agreed that the Commissioners should answer And by the stout carriage and honesty of the Judges this was a good and quiet end of an angry Cause Anno 1631. Anno 1631 Some of the Imprisoned Parliament-men upon their Petition were remov'd from the Prisons wherein they then were to other Prisons to prevent the danger of the Sickness then increasing Sir Miles Hobert put in Sureties for his good behaviour and so was discharged from his Imprisonment Sir John Walter died a grave and learned Judge he fell into the King's displeasure charged by his Majesty for dealing cautelously and not plainly with him in the business concerning the Parliament-men as if he had given his Opinion to the King privately one way and thereby brought him on the Stage and there left him and then was of another Judgment His Opinion was contrary to all the rest of the Judges That a Parliament-man for misdemeanour in the House criminally out of his Office and duty might be only imprisoned and not further proceeded against which seemed very strange to the other Judges because it could not appear whether the Party had committed an Offence unless he might be admitted to his Answer The King discharged him of his Service by Message yet he kept his place of chief Baron and would not leave it but by legal proceeding because his Patent of it was Quam diu se bene gesserit and it must be tryed whether he did bene se gerere or not He never sate in Court after the King forbad him yet held his place till he died The
to it in that Action of D. Hamilton which was by order and authority from the Parliament of that Kingdom and so the Act of the whole Nation by their Representatives And if they now give us too much cause of suspicion that they intend another Invasion upon us joyning with their King with whom they have made a full agreement without the Assent or Privity of this Commonwealth and are very busie at this present in raising Forces and Money to carry on their Design If these things are not a sufficient ground and Cause for us to endeavour to provide for the safty of our own Countrey and to prevent the miseries which an Invasion of the Scots would bring upon us I humbly submit it to your Excellencies Judgment That they have formerly invaded us and brought a War into the Bowels of our Countrey is known to all wherein God was pleased to bless us with Success against them and that they now intend a new Invasion upon us I do as really believe and have as good Intelligence of it as we can have of any thing that is not yet acted Therefore I say My Lord that upon these grounds I think we have a most just Cause to bogin or rather to return and requite their Hostility first begun upon us and thereby to free our Country if God shall be pleased to assist us and I doubt not but he will from the great misery and calamity of having an Army of Scots within our Countrey That there will be War between us I fear is unavoidable Your Excellency will soon determine whether it be better to have this War in the Bowels of another Country or of our own and that it will be in one of them I think it without Scruple Lord General It is probable there will be War between us but whether we should begin this War and be on the offensive part or only stand upon our own defence is that which I scruple And although they invaded us under D. Hamilton who pretended the Authority of the Parliament then sitting for it yet their succeeding Parliament disowned that Ingagement and punished some of the Promoters of it Whitelock Some of the principal men in that Ingagement of D. Hamiltons are now in great Favour and Imployment with them especially in their Army since raised and now almost ready to advance into England and I believe your Excellency will judge it more prudence for us who have an Army under your Command ready formed and experienced Souldiers whom God hath wonderfully prospered under your conduct to prevent their coming into England by visiting of them in their own Countrey Lord General If we were assured of their coming with their Army into England I confess it were prudence for us to prevent them and we are ready to advance into Scotland before they can march into England but what warrant have we to fall upon them unless we can be assured of their purpose to fall upon us Harrison I think under favour there cannot be greater assurance or humane probability of the intentions of any State than we have of theirs to invade our Countrey else what means their present Levyes of Men and Money and their quartering Souldiers upon our Borders it is not long since they did the like to us and we can hardly imagine what other design they can have to imploy their Forces Lord General Humane Probabilities are not sufficient grounds to make War upon a Neighbour Nation especially our Brethren of Scotland to whom we are ingaged in a solemn League and Covenant St. John But My Lord that League and Covenant was first broken by themselves and so dissolved as to us and the disowning of D. Hamiltons Action by their latter Parliament cannot acquit the Injury done to us before Cromwel I suppose your Excellency will be convinced of this clear truth that we are no longer oblieged by the League and Covenant which themselves did did first break Lord General I am to answer only for my own Conscience and what that yields unto as just and lawful I shall follow and what seems to me or what I doubt to be otherwise I must not do Whitelock Your Excellence is upon a very right ground and our business is to endeavour your Satisfaction in those doubts you make if we shall stay till they first invade us we shall suffer much misery to come among us which probably we may prevent by sending first to them and surely the Law of Nations if an Ally enter in an hostile manner into his Neighbour Nation contrary to the Allyance and be beaten out again that Nation thus invaded may law fully afterwards invade the other to requite the former wrongs done unto them But besides this we cannot but see their present preparations to be against us for they are in Amity with all others and their conjunction now with the Kings Party may plainly enough discover their Designes against this Commonwealth Lord General I can but say as I sayed before that every one must stand or fall by his own Conscience those who are satisfyed of the Juistce of this War may chearfully proceed in it those who scruple it as I confess I do cannot undertake any Service it in I acknowledge that which hath been said to carry much weight and reason with it and none can have more power upon me than this Committee nor none be more ready to serve the Parliament than my self in any thing wherein my Conscience shall be satisfyed in this it is not and therefore that I may be no hinderance to the Parliaments designs I shall willingly lay down my Commission that it may be in their hands to choose some worthier Person than my self and who may upon clear fatisfaction of his Conscience undertake this business wherein I desire to be excused Cromwel I am very sorry your Lordship should have thoughts of laying down your Commission by which God hath blest you in the performance of so many eminent Services for the Parliament I pray My Lord consider all your faithful Servants us who are Officers who have served under you and desire to serve under no other Gene. It would be a great discouragement to all of us and a great discouragement to the Affairs of the Parliament for our noble General to entertain any thoughts of laying down his Commission I hope your Lordship will never give so great an Advantage to the publick Enemy nor so much dishearten your Friends as to think of laying down your Commission Lambert If your Excellence should not receive so much satisfaction as to continue your Command in the Parliaments Service I am very fearful of the mischiefs which might ensue and the distraction in the pulick affairs by your laying down your Commission but I hope that which hath been offered unto you by this Committee upon your serious consideration will so far prevaile with your noble and pious disposition and with your Affection to this cause wherein we are so deeply
Hostility against them And offers them so doing Indemnity 17. Debates in Parliament upon the Provisoes to be added to the Act of Oblivion and many of them past A Declaration of the Commissioners for the Assesments in York-shire for equality in rates to all upon a Survey of the value of every Township and of the Estate of every Person in each Town which is liable to the Assessments Letters That divers Commissioners from the several Counties in Scotland came in to the English Commissioners at Dalkeith according to Summons That a Frigat of the Paliaments came safe into Lieth Road with 80000 l. for pay of the Forces there And another with Forty Scots Prisoners released Of much Losses at Sea by the Storms Of one of the Parliaments Ships Sunk within an hour after the Men in her were Landed Major-General Lambert was appointed to go Lord-Deputy for Ireland A Declaration of the English Commissioners in Scotland of the Union of them with England in one Common-wealth concerning Forfeitures and Confiscations of Estates according to several qualifications That for promoting of Holyness and the power of Godlyness all possible care should be used for publishing the Gospel of Christ in all parts of this Land and maintenance to the Faithful dispencers thereof and care taken for removing of Scandalous Persons in the work of the Ministry and placing others fitly qualified with Guifts for instructing the People in their stead And incouragement be given from all Authority to such as shall joyn in the Service of God according to the usage of the Church of Scotland in their Peaceable and inoffensive exercise of the same And others not satisfied with that Form shall serve and worship God in other Gospel way And that Magistrates and Officers fearing God may be set up to be a terror to Evil doers and such as shall live peaceably and yield obedience to the Authority of the Parliament of the Common-wealth of England exercised in Scotland are capable of and shall enjoy the respective benefits and favours held forth in the Parliaments Declaration And all Merchants and Trades-men and Handy-Crafts-men not having Estates above 500 l. Sterling and all other persons not having Estates of above 200 l. not Prisoners or Soldiers who shall live peaceably and yield obedience to the Parliament of England Shall be freed from all Forfeitures and Confiscations for any thing formerly done by them in reference to the Wars and be received into the Protection of the Parliament and Injoy the Liberties and Grants as shall be fit Except Moss-Troopers or others who have Murthered any Soldiers contrary to the Laws of War or any English People contrary to the Laws of Scotland 21. Proceedings of the Committee of Adventurers for Ireland who all assented to the Propositions of the Committee one was for doubling their former Adventures A Share of Lands reserved for the Soldiers The Committee for regulating the Law passed some Resolutions touching personal Actions As that If the Defendant in a Personal action before pleading tender satisfaction to the Plaintiff with Costs of Suit and it appear afterwards at the Tryal to the Jury sufficient and not accepted of the Plaintiff to lose his own and pay the others Costs in the Suit That Summons be the first Process in all personal Actions with the true date when sued forth and Executed upon Oath and returnable within 15 Days after the Service the Defendant to have a Copy from the Original under Seal given or left at his House and the Cause of the Suit set down in the body of the Writ that upon default of appearing a further Process be granted to Arrest the Party till he appear or give Warrant And in case of Non-Appearance the Defendants Lands and Goods to be distrained to a certain value till he appear or give Warrant 23. Letters That the Kirkists in Fife refused to let the Summons of the English Commissioners be read but as a Committee of War appointed Two of their Company to come to Dalkeith by virtue of old powers That the Ministers speak loudly against the Declarations of the Parliament and of their Commissioners That Collonel Cooper with the Parliaments Fleet Landed 800 Men at Orkney and Collonel Overton arrived there and possest it for the Parliament of England Commissioners for some Counties in Scotland were dismissed by the English Commissioners having power only to Treat and not to conclude Other Commissioners had a Paper delivered to them 1. To consent to be Incorporated with the Common-wealth of England 2. To declare a Submission to that Government which should in the mean time be established 3. That they be ready to present such matters as may conduce to the putting those particulars into practice To which particulars those Commissioners gave their free assent in writing as they were desired 24. The Act of Oblivion and general Pardon with the Provisoes passed Letters of Credence from the Burgomasters and Senators of Lubeck Bremen and Hamburgh for themselves and in the name of the rest of the Hans Towns unto Lion of Aisema their Resident were read Order for an Act to give 5 l. to any who shall apprehend Robbers or Burglars Letters That a Party of about 80 of the Enemy came privately into the Parliaments quarters about Galloway and took a prey of 100 Cows and 200 Sheep but as they returned a party of the Parliament rescued the Prey killed 60 of the Enemy and took an Ensign Prisoner That the Chief Gunner of Galloway came out to the Parliaments Forces and informed them that there was a high Mutiny in the Town and Preston durst not appear to quiet them That Collonel Zanchey and Collonel Axtel took the advantage of the Frost and gained a pass over a Bog to Fitz-Patricks quarters but he was marched away the day before Zanchey and Axtell took his strong hold in the Bog and put all to the Sword That about the Fort was an Irish Town which the Rebels named Dublin for its Strength and Riches it consisted of 800 â—abbins which Zanchey and Axtell fired and put 500 to the Sword and in it found good plunder Silver Strong-water 30000 Bushels of Wheat 200 Cows and 80 Horse That all parts of Scotland are within the power of the Parliament of England except some few places in Argyles Country and about the Highlands of no consequence who sent for a pass to come to the English Commissioners A Petition was presented to the Parliament in the name of divers well Affected in the Northern Counties telling them That there remains yet to be done by them the takeing away of Tithes and Law as now it stands the most antient badges of Ecclesiastical and Civil Tyranny What else can be expected from such swarms of Lawyers Attorneys Sollicitors and nourished with the bread of Oppression by long and tedious Suits What hope of Justice when the greatest stress of mens causes in all Courts depends chiefly upon those men who
Fleet thereby but being disappointed thereof the common people were earnest for a Peace with England That the King of Denmark stood off expecting the issue of the Business betwixt England and Holland and fearing the danger of Sweden That Monsieur Burdeaux was Arrived Ambassador from the French King to the Common-wealth of England That the Generals of the Fleet sent Orders from Aberdeen for all English Ships in the Service of the State upon the Coast of Scotland to follow and joyn with them 19. Letters from the Fleet that they were still in pursuit of the Dutch Fleet upon the Coast of Scotland but had no other Intelligence of them than what they had formerly given to the Councel 20. Collonel Jones and Collonel Ryley agreed upon Articles in Ireland for pardon of some of the Rebels and for Indempnity and Transportation of them 21. Letters That the Captain of Clanrannold one of the chief Clans in the North Highlands had taken the tender to be faithful to the Common-wealth of England and desired a Commission to set out a private Man of War against the Dutch That Captain Diamond brought into Pool 8 Dutch Merchant Ships prizes 23. That Collonel Atkins took a Dutch Pacquet-boat with some Letters of Concernment from Holland to Van-Trump Letters from the Forces in Scotland under Collonel Lilburne directed to Major-General Lambert to be communicated to the Army in England highly approving of the action of Dissolving the Parliament and ingaging to live and dye with Cromwell and his Councel of Officers in the further prosecution of this cause and for procuring of Justice and Righteousness and freedom to be settled to this Nation 25. That the Holland Merchants who went round about by Scotland had slipped by the English Fleet and were returned safe into their Harbour with their Convoy Van Trump and his Men of War which raised the Spirits of the States and their People 26. The Rebels in Cork and Kerry lessened their General O Sullinan Beer fled to France and the remaining Collonels sent to the Lord Broghill for terms of submission A young Conspiracy to bring in Charles 2d discovered at Yonghall and the Conspirators apprehended 27. Cromwell and his Councel of Officers resolved to Summon select Persons to be nominated by themselves out of every County who should be as a Representative of the whole Nation 28. Cromwell and his Councel of Officers sat close this week about choosing Persons to sit in the next Representative They also published a Declaration for continuing the old Commissioners for Assessments in the several Counties and the present Tax for 3 months longer They appointed a Committee to consider how the Receipts of the Customs and excise might be best managed and brought into one Office Van Trump came with his Fleet into Dover Road having Convoyed home all the Merchants he discharged many Shots against the Town of Dover whereby some Houses were prejudiced but no person Slain the English Fleet were to the North of Scotland That Dover Castle and the Forts playing upon Van Trumps Fleet they tacked about and stood to the Southward that they took three small Vessels of the English bound from London to Rohan 30. Several Aldermen and others of London made an Address to Cromwell for reinvesting the late Parliament whereupon divers others of London made an Address to Cromwel testifying their dislike of and dissent from the former and their resolution to adhere to Cromwell To Cromwell and his Councel of Officers came the humble acknowledgment and Congratulation of the Churches of Christ and other well affected Persons to their proceeding in the County of Radnor Two Dutch Prizes loaden with Wines taken by two of the English Frigots An Account of several Ships of War going to the Fleet and of a guard of Ships appointed to ply to the North Foreland for security of the Fisher-men 31. Of a single English Man of War who met with several Dutch Fleets of above 300 Merchant men with their Convoys some from Russia some from France and the English Ship putting up the Danish Colours and setting only some Danes on the Deck which they had on board their Ship they came off cleer from the Dutch Letters from the Hague that Trumps design in going out towards the Downs was to Fire such English Ships as he should find there or in their Harbour or upon the English Coast before their grand Fleet should return June 1653. 1. The General of the English Fleet being returned near the Texel called a Councel of War and sent orders for all Men of War in the River and other parts that are ready to Sail to come and join with them An Account that Van Trump was at Goree with 120 Men of War and expected more to join with him 2. Letters That the English Fleet was at Yarmouth and the Dutch Fleet at the back of the Goodwin 3. Letters of differences among the Remonstrators in Scotland about the point of Jus divinum of their Government of the Kirk That upon the English Fleets appearing near the Texel divers rich Men of Roterdam and other parts fled into the Country and left their Houses that the People cry out for Peace with England Of a Dutch Prize taken near Plimouth That a private English Man of War of about 8 Guns took 3 rich Dutch Prizes Letters and Messengers from the Fleet did bring the news That yesterday about noon the English Fleet ingaged the Dutch about the North Foreland and the Ingagement continued very hot and sharp till near night in which time one of the Dutch Admirals was blown up and 3 or 4 Sunk but not one of the English Ships lost only General Dean on the first on-set was slain by a great shot This day 't was observed that the Fleets were ingaged again and the report of the great Guns were heard in London and other places remote from Sea 4. Letters from General Monk of the Fight at Sea with the Dutch that for 3 hours the dispute was very sharp on both sides which continued from 3 to 6 in the Evening at which time the Enemy bore away right before the wind and little more was done only the Frigots gave chase so long as there was light One of the Dutch Admirals was blown up and 3 or 4 Sunk General Dean slain A Messenger brought News from the Fleet that they had taken 20 of the Dutch Men of War and fired and sunk many more of them 6. Letters from the Generals at Sea to Cromwell and they to the Councel of State of the first days Fight with the Dutch at Sea and of the second days Fight with them which continued 4 hours after which they endeavoured to get away from the English as fast as they could the particulars were not fully known what Ships were taken and sunk and what men Slain but a List was sent to the Councel
Souldiery Industry of their Merchants and Artificers and Laboriousness of their Husbandmen They are generally much like the English and the more likely to Correspond and Agree in Amity with us They have store of Men Arms and Shipping to join with us upon any occasion and whereby both you and they may be strengthn'd against your Enemies and be the more considerable throughout the World They are Just and Faithful in their Actions and Undertakings as the English are and Honorable in their Performances nor are they Engaged to any of our Enemies or such as you may have Cause to suspect but their Differences and Contententions have rather been with those who have contended with you and therefore they are the more likely to observe their Alliance with you They first sought to his Highness and this Common-wealth for an Amity with us and sent several Persons of Honour as publick Ministers hither for that purpose and their Queen and the present King have Testified great affection to this Nation and justly expected some return of it from you again These and many other Motives grounded upon Reason and Wisdom of State persuaded those who sate at the Helm here to judge it fit to send from hence an Ambassador to that Crown to conclude an Amity with them for the Advantage of Trade and mutual Assistance of one another Herein their Judgment did not fail them it was very requisite to send an Ambassador thither but perhaps you may see a Failer of their Judgment in the Choice of a Person so unfit for so Weighty an Imployment Yet they would not excuse him you will believe that he had no Ambition for such a Service and at such a time but he obeyed the Commands of those whom he served undertook the Imployment and can say without Vanity performed his Duty therein to the utmost of his Capacity with Diligence and Faithfulness and God was pleased to own him in it I pass over the Dangerous Voyage by Sea in November through your then Enemies and the cold Journey by Land in December and come to the Court at Vpsale which was Splendid and High replenished not only with gallant outsides but with Persons of great Abilities within both of the Civil and Military Condition Upon my first Ignorance of their Ceremonies I fell into some dislike with several of their Grandees who thought me not enough submissive others thought the better of me for insisting upon the Right of my Nation Vindicating their Honour and not sneaking to those with whom I had to do I followed my own Reason and what pleased God to direct me for your Service and in order to the Good of the Protestant Interest In my Treaty I applyed my self upon all occasions to the Queen Her Self and never to the Senate wherewith Her Majesty was not distasted In the Transactions of my Affairs I Endeavoured to gain the best Intelligence I could from Home and from that Court and spared no cost to gain it the one made me the more considerable there the other was of great Advantage to me in my Negotiation But Sir I was to Incounter with great difficulties and opposition the King of Denmark's Ambassador the Holland Resident with all their Party and Friends some of the most Considerable in the Court and Army and of great Numbers opposed me and endeavoured to Affront me and my Company but by that were no Gainers The French Polish and German Publick Ministers as much as they could covertly sought to hinder me but on the other side I found the Spanish publick Mister there who was a Person of great Ingenuity and in much Favour with the Queen a great Friend and Assistant to me Several great Officers of the Army as General Wrangell Grave Horn Grave Wittenburge Grave Bannier Grave Leenhough and divers others were Friends to me and of the Civil Officers and other Senators the Baron Bundt Steinlorke Grave Tot the Rix Droit or Chief Justice the Grave Braghe and Chiefly the old Chancellor Oxenstiern was my Chief Friend and helper in my Business Prince Adolphe the present Kings Brother was no ill Willer to it the King that now is a great Friend to it and manifested more particular Respect to you in the Person of your Servant than he was ever known to do any of the like Quality or to any State whatsoever And the Queen her Self was resolved to have the Business done so much had I gained of her Favour and satisfied her of your Interest and Respects to her But above all some of my own Countrymen were fierce against me especially those of the Scots Nation both of the Army and Traders whom I little considered yet knew their humors and that they would rayl at me in the Morning and afterwards come to my Table to Dinner and I caused my Officers to welcome them accordingly To Counterwork these I was not without Friends of my own Nation whereof divers were of the like Condition and Eminent amongst them was the General Douglas a Scotch Gentle-man who was very Civil to me So was a true English Gentleman General Major Sir George Fleetwood a Person of great Interest and Respect in those Parts and with all that know him he Testified extraordinary Respect and Affection to you and to your Servant and was very Courteous and helpful to me Those who opposed or indeavoured to affront me in your Business I forbear to name not for their sakes but least it might be prejudicial to your Friends there and to your own future occasions But Sir we ought to look higher than to the greatest and wisest of Men it was the Goodness and Mercy of God who gave a Blessing to your Proceedings and a desired Success to this Treaty which we ought to acknowledg with humble Thankfulness and the weaker the Instruments were the more his Power and Goodness appears in it He was Pleased to give Success to that Negotiation under my hands and after many Delays and Debates and all the Opposition that could be made to give a Conclusion to it I made an Alliance betwixt the Common-wealth and that Crown Ratified by the then Queen and the present King under their hands and under their Great Seal of Sweden The Instrument thereof I presented to His Highness and His Councel at my Return home who caused a strict Perusal and Examination thereof to be made and finding it punctually according to my Instructions did approve of it and of my poor Service in it and His Highness Ratified the other part of the Treaty to which the Great Seal of England was affixed the transcript whereof with the Original of the other are at your Command to be produced I shall not presume to Judg of the Advantages by this Alliance to this Nation and to the Protestant Interest through the World this Honorable House are best able to Judge thereof and of the Duty of their Servant and his performance thereof who submits all to their Wisdom and savourable Construction And being
within four days after notice or otherwise the Commission shall Issue Ex Parte provided that the parties or either of them and Court see cause may have several Commissions unto several Counties of the same date This is mischevious for the reasons before and if this be extended beyond a Rule not to be dispensed withall as reason may require upon accidents many Plaintiffs will loose their Causes especially Merchants who cannot by that time know where their Witnesses are 22 That after the Execution of one Commission no second Commission shall be taken out but by order of the Court and upon Affidavit that some material Witnesses whose names shall be therein expressed have been discovered since the Execution of the former Commission or that some of the Witnesses intended to be examined at that Commission and which are material could not be found or by reason of sickness or like just cause could not attend that Commission in such case only those Witnesses which shall be named shall be examined by such second Commission and the same shall Issue and be Executed at the charge of the party praying the same unless the other side shall also desire to Examine any Witnesses by any such second Commission and then he shall likewise set down their names This is like as before 23 That after the return of a Commission Executed or Witnesses examined in Court there shall be but one Rule for Publication within which time if the other side do not shew unto the Court good cause to the contrary Publication shall pass c. This Rule doth not express after what Commission nor what Witnesses whether all on either side or not and will surprize the parties before they can move or be heard by the Court why publication should not pass and increase motions to the advantage of Lawyers and Sollicitors 24 That from and after the twenty second of October 1654 no order or direction concerning any Cause depending in Chancery to be made or given but upon motion in open Court that then both parties concerned or their Council may be heard The Rule of the Court already being that no Order shall be made upon Petition upon the Merits or Body of the Cause or to controul an Order in open Court if that be further extended as a Law then many of the Suitors of the Court may loose their Causes and be ruined and there will be a failer of Justice and great mischief ensue as by dayly experience is found 27 That no Injunction be granted but upon motion in open Court satisfying the Court in such matter which may induce the Court in Justice to grant the Injunction but the Defendants taking a Commission or sitting an Attachment only shall be no sufficient ground for an Injunction This is so general that it extends to all Injunctions and so in cases of Waste Timber may be felled Houses pulled down Meadows and ancient Pastures ploughed up to the irreparable loss of the Plaintiffs and the Common-Wealth before an Order can be procured to stay in case the Defendants will not answer and if no Injunction be granted upon an Attachment or delay of answer a Defendant although not worth a penny may stand in contempt get an Execution on the Plaintiffs Estate and make it away and no reparation can be had 29 That no Injunction granted after a Plea pleaded at Law or Rules given shall stop a Tryal at Law or any Pleading or proceeding preparatory to a Tryal It seems much against Equity that if the Defendant shall by answer confess the whole Debt to be paid to suffer him to go to Tryal at Law which will be but a vain expence to the parties and only profitable to Lawyers 30 That from and after the twenty second of October 1654. no Injunction be granted to stay the Mortgagee from his Suit at Law till the final hearing of the Cause but an Injunction may be granted to prevent the Mortgagees pulling down Houses cutting Trees or making other Waste or spoil upon the Mortgaged Lands This is very mischevious where there is equity for an Injunction in this Case as well as upon Bonds or other Securities the mischief being greater to the Mortgagor who shall be turned out of possession then to the Obligor in a Bond and the Mortgagee is also in better condition than the Obligee by reason of his Security by Land and yet the Court is not barred to stay proceedings upon Bonds and all other Securities but are restrained in cases of Mortgages 31 That all differences touching irregularities in proceedings or upon the Rates or Course of the Court shall be determined by the said chief Clerks or any two of them on whom the Attorneys on both sides are to attend and in case either side shall not rest satisfied with the Judgment therein they may Appeal to the Master of the Rolles who upon Hearing the Attorneys on both sides and the Chief Clerk who made the Certificate if he see cause shall settle the same and give Costs where he finds the fault This deprives the Commissioners of all power upon the Rules and Course of the Court and these very Rules upon which they are to Judge and be answerable as they are Judges of that Court and gives power to the Chief Clerk to be Judge even of these Rules 32 All other References shall be determined by the Masters of the Chancery in Ordinary which shall be only six in number to be now and from time to time appointed by the Protector for the time being of which six there shall sit dayly at some certain publick place three so long as any References do depend and shall have a Sworn Register to attend them who shall in presence of them and the Counsel read the Notes taken in each Cause upon any Order made or Report agreed and the same being Read shall be subscribed by the Masters then present or any two of them and afterwards the Report shall be drawn up by the Register and subscribed by the same Masters and certified and that after the twenty second of October 1654. no other person or persons shall exercise the Office of a Master of the Chancery in Ordinary This seems to give the Masters power finally to determine without any Appeal to the Court without any Provision concerning Merchants Accompts and other References of that Nature which they cannot so properly determine and concludes the Court from making any Reference though the parties desire it whereby the Cause may receive an end by indifferent friends 38 That from and after the twenty second of October 1654. every Attorney shall keep all and every Affidavit whereupon he shall make forth any Writ or Process in his own custody and shall shew the same to the Attorney on the other side and suffer him or other person to take a Copy thereof if he shall require it and that the Senior Register shall appoint a Clerk of Honesty and Integrity to attend the Court and at the