executed and the Soldiers committed great outrages Sir Randâ—l Crew Chief Justice not favouring the Loan was put out of his Place and Sir Nicholas Hide who drew the Dukes Answer in Parliament was preferred to be the Chief Justice The Bishop of Lineoln for speaking words against the Government and for countenancing Non-Conformists was complained of by Sir John Lamb and others and they Informed That Fasts were kept and Money Collected by the Puritans for the Palatinat and that the Bishop would not proceed against them The Bishop got a Copy of the Informations against him Bishop Laud was Jealous that Lincoln Endeavour'd to be reconciled to the Duke Six thousand English in service with the States were commanded thence under General Morgan to join with the King of Denmark Some who refused to lend Money to the King were forced to Serve in the Kings Ships then going forth and refusers in the Country were some of them Committed and the meaner sort pressed to serve as Soldiers Dr. Sibthorp published a Sermon Preached by him to Promote the Kings Affairs wherein he delivered his Opinion That the King might make Laws and do whatsoever pleaseth him Dr. Mainwaring Preached the same Divinity and highly against the power of Parliaments The Papists were forward in the Loan and the Puritans were Recusants in it Abount this time the Earl of Denbigh had one hundred Sayl of Ships under his command in our Seas but his Excellency having no Commission to Fight suffer'd divers English Vessels to be taken away by our Enemies in his view without Rescue by their Countrymen Some Ships taken for Prize being brought before him as Admiral it was wondred at that almost all of them were by him adjudged to be no Prize and so released but one Captain pursued a released Ship and took her again brought her to London and in the Admiralty she was adjudged Prize and he Enjoyed the benefit whatever the Earl of Denbigh did before Distastes and Jealousies were raised about the Government of the Queens Family wherein the King held himself traduced by some French Servants who said that the King bad nothing to do with them he being an Heretick The Queen was brought to Insist upon it as part of the Articles that She should name all Her Servants and some unkindness arose upon it The King was also distasted That her Priests made the Queen to walk to Tyburn on Pennance Upon these passages the King dismist and sent back into France all the Queens French retinue acquainting the French King with it and Excusing it to him but it was ill resented in France and by them held contrary to the Articles of Marriage The Jarring with France brake out to an open War which was fomented by an Abbot here in disfavour with Cardinal Richlieu to put an affront upon the Cardinal and Mr. Walter Mountague Endeavoured to further it and the pretence was to assist those of the Religion in France Our King took that ground and the denial of Count Mansfields Men to land in France and the influence of the Councils of the House of Austria upon those of France and the Imbargo of our Merchants Ships there sufficient causes for a War The Duke of Bucks is appointed Admiral and General of the Sea and Land Forces prepared against France And hath power to make Knights c. He comes before Rochel with one hundred Sayl of Ships and desires them to joyn with him in behalf of the Protestants in France but the Rochellers returning thanks to our King and to the Duke answered That they were bound by Vnion and Oath not to do any thing without the consent of the rest of the Religion The Duke was advised to land his Men at the Isle of Oleron which was weak and ill provided and not at the Isle of Rea which was strong and well provided but he altered his Design and Sailed to Rea and there landed Twelve hundred Men whom the French encountred but the English forced their way and all the Army was landed in the Island Yet did they not take their advantage against the French but suffered the Governor to have five days to recover his loss and to get in as he did new Forces and Provisions in the mean time the Duke published a Manifesto of the Causes of this War particularly the King of France his Imploying our Ships against Rochel contrary to his promise and agreement The Gentlemen here who refused to pay the Loan were confined into other Counties and in close Imprisonment and some of them in common Goals Sir John Elliot one of them in a Petition to the King sets forth the Illegality of the Loan or of any Tax without Parliament taking this way to Inform the King what his Councel did not and he alledgeth his Conscience not to submit to it and prays his liberty but could not obtain it Sir Peter Haiman another refuser was sent upon an Errand as far as the Palatinate The Arch-Bishop Abbot was suspended for refusing to licence Dr. Sibthorps Book a Sermon for Absolute Power and a Commission was granted to several Bishops to exercise the Archiepiscopal Jurisdiction Of all which proceedings touching himself the Archbishop left a grave and ingenious Narrative which may be read at large in Rushworths Collections Five of the Imprisoned Gentlemen by Habeas Corpus were brought to the Kings Bench and by their Councel Assigned took Exceptions to the Return for that it had not the cause of their Commitment but of their detainer in Prison per speciale Mandatum Regis which is no particular cause and the Law being most tender of the Subjects Liberty Noy Selden Brampston Calthrope and others who were of Councel for the Prisoners prayed they might be Released and Discharged Heath the Kings Attourney at another Day argued in Maintenance of the Return Hide chief Justice declared the Opinion of the Court That the Return was Positive and Absolute by the Kings special command and the signification of it by the Lords of the Council is only to inform the Court. And that the Habeas Corpus is not to return the Cause of the Imprisonment but of the detention in Prison that the matter of this Return is sufficient and the Court is not to examine the truth of the Return but must take it as it is So the Prisoners were Remaunded The Report of this Case may be found in Rushworths Collections Anno 1627 The King resolves to send supplies to the Isle of Rea and Souldiers and Mariners are press'd for that purpose but many of them not liking the business run away from their Conductors hereupon it was resolved by all the Judges That If one be retained to serve the King beyond Seas and press money deliver'd to him and by Indenture he be deliver'd to a Conductor to lead him to the Port where he is to be shipped and he run away from the Conductor that this it Felony by the Statutes 7 H. 7. ch
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
Rolles and all Seals who shall take an Oath before the Lord Chancellor Keeper or Commissioner of the Great Seal to be faithful in his Employment and shall receive into his Custody all and every Affidavit which shall be made in Court or upon which any Order shall be grounded and shall dayly File the same and keep an Alphabet thereof and in Case the Party at whose instance such Affidavit was made shall have cause to have a Copy thereof he shall pay unto the said Clerk for the same four pence for the Filing and three pence for every side for a Copy thereof and the other side or any other person desiring it may also have a Copy at the same rate and the Register shall have for Examining and Signing such Copy six pence and no more It is conceived by the Clerks keeping the Affidavit it may be in his and his Clients power to alter or retract it after it is sworn as is found by experience hath been done 40 That all Causes shall be set down for Hearing in Order as they were published without prefering one Cause before another and shall be presented by the Chief Clerks without taking any Fee for the same and the Causes being so set down shall be heard in the same Order This Rule is very prejudicial in Cases which are many that depend upon the lives of the persons and also of Merchants where one gets the Estate of another into his hands and goes beyond Seas and to deny him a Hearing in such Cases as occasion shall require is all one as to deny them Justice if this be enforced as a Law and if cause be to advise with Judges or any other accident the Court cannot put off the Cause for half an hour 41 That every Cause shall be heard the same day on which it is set down for Hearing and for that purpose the Lords Commissioners if there be cause shall sit for Hearing such Causes in the After-noon as well as in the Forenoon except upon Saturdays This is impossible to be done for Causes of Equity depend upon so many circumstances in cases of frauds and trusts that three or four days is not sometimes sufficient for the orderly hearing of one Cause and the sitting of the Commissioners upon the Râ—lls days cannot consist by reason of Councel and Sollicitours who cannot do their duty at both places and if this be imposed as a Law upon the Judges of that Court they are enjoyned thereby to act an impossibility The like objections were made to all the rest of the Articles and particulars of the new Ordinance touching the Chancery which though they would not prevail to stay the exemption of it as to the Lords Commissioners who seemed to doubt the power that made it which the makers would not endure yet they were the means that it was not exacted from their Successors but they were connived at in the not execution of it wherein they could not have satisfied themselves having taken an Oath which they scrupled would be broken either in the admittance of this Ordinance for a Law or if admitted in neglecting the performance of any part thereof May 1655. May The Protectors Commissioners for visiting the Universities Colledges and Schools in Scotland set forth a Proclamation Prohibiting Ministers to Pray for the King or to excite the people to new troubles prohibiting all persons from paying any maintainance to such Ministers News of the death of the Queen Dowager of Sweden who after she had been long sick of a Quartain Ague it was followed by a strong Rhume that fell on her Breast till she dyed Old Oxenstern Chancellor of Sweedland was buryed and the King and Queen at his Funeral Letters from Vice-Admiral Pen That his Fleet was safe at the Barbadoes where they had taken in four or five thousand men and within few days intended to set sail from thence upon their design Letters of the continuance of the cruel persecution against the poor Protestants of Piedmont by the Duke of Savoy A Proclamation published for the execution of the Laws against Jesuits and Priests and for Conviction of Popish Recusants against which Whitelocke declared his opinion at this time when there was not a fixed settlement and so great pretences for Liberty of Conscience Baron Thorpe and Judg Newdigate were put out of their places for not observing the Protectors pleasure in all his Commands This Order was sent from the Protector and Councel to the Commissioners of the Seal Tuesday May 1. 1655. At the Councel at White-Hall Forasmuch as the naming and settling of the Attornies in the Court of Chancery and the disposing of the Records in such manner as is directed by an Ordinance of his Highness by and with the consent of his Councel Entituled An Ordinance for the better regulating and limitingâ— the Jurisdiction of the High Court of Chancery Hath been omitted by those who are intrusted with the doing thereof and that great delay in Justice will necessarily fall out in case all proceedings in Chancery should be suspended untill all the said Officers and Records be settled for prevention thereof It is Ordered by his Highness the Lord Protector by the advice of his Councel that the Lords Commissioners of the Great Seal and Master of the Rolles do proceed in the business of the said Court notwithstanding the said Officers have not been nominated and the Records disposed of as by the said Ordinance is directed which his Highness and the Councel expect should be done with all speed by those who are concerned therein and that in all other things they proceed according to the direction in the said Ordinance HENRY SCOBELL Clerk of the Councel This Order was made to put a further tryal upon the Commissioners and a command to execute the new Ordinance and the default in this particular was in the Master of the Rolles who was more positive than any other in denying as yet to execute the Ordinance but afterwards his profit and fear to offend over swayed all other conderations At one of their meetings Widdrington Lenthal and Whitelock agreed upon this Letter to be subscribed by them and sent to the President of the Councel My Lord WE have seriously and duely considered what we received from his Highness concerning the Execution of the Ordinance touching the Chancery and have strictly examined our own Judgments and Consciences having with all submission sought to God therein yet cannot give our selves satisfaction so as to be free to proceed upon that Ordinance wherefore and in regard of the near approach of the Term. We hold it our duty to represent the same unto his Highness together with the great trouble of our own thoughts in our unhappiness in this dissatisfaction and desire the favour from your Lordship to acquaint his Highness herewith we remain My Lord your Lorships very humble Servants B. Whitelock T. Widrington W. Lenthal May 1. 1655. This Letter was not
against Supply without redress of Grievances this Parliament by Commission was dissolved The King followed his design of the War and to put the Fleet to Sea and made a League with the Vnited Provinces against the Emperor and King of Spain Then issues a Proclamation to Recall Recusants Children from Beyond Sea and against Popish Priests and to command all English in the Service of the Emperor King of Spain and Archdutchess to return to England The King sends out his Letters to the Lord-Lieutenants of Counties touching a general Loan of Money to him and Warrants are issued forth to disarm Recusants The Fleet being ready with ten Regiments the Lord Wimbleton was made Commander in chief great muttering was that this design was not known to the Council but to the Duke onely and that he went not in Person The English and Dutch Ships designed to block up Dunkirk were dispersed by storm and 22 Dunkirk Men of War with Land-Forces gave an Alarum to England and Ireland The Fleet came together again and neglected or preposterously attempted a great Booty of Spanish Ships in Cadiz Bay then the Army landed and took a Fort but the English finding store of Spanish Wines abused themselves and hazarded the ruine of all They were again Shipt and the General put to Sea to wait for the Plate Fleet but the ill condition of his men by a general Contagion enforced his return home without any honourable performance which caused great clamor but where the fault lay hath not yet been determined nor any punisht for it The General was accused by some of his Colonels and Seamen and examined before the Council he laid the blame on some who did not fight the Spanish Ships as he ordered them they denied that they had Orders to fight This fending and proving little salved the Honour of the Nation All Trade with Spain is prohibited upon Confiscation all the Trained Bands are Exercised The Plague still raged in London so that in one week there dyed 5000 persons it was also spread in many places in the Countrey In some Families both Master and Mistriss Children and Servants were all swept away For fear of Infection many persons who were to pay money did first put it into a Tub of Water and then it was taken forth by the Party that was to receive it When the Plague was somewhat assuaged and there dyed in London but 2500 in a week it fell to Judge Whitlock's turn to go to Westminster-Hall to adjourn Michaelmas Term from thence to Reading and accordingly he went from his house in Buckinghamshire to Horton near Colebrooke and the next morning early to High-Park Corner where he and his Retinue dined on the ground with such meat and drink as they brought in the Coach with them and afterwards he drove fast through the Streets which were empty of People and overgrown with Grass to Westminster-Hall where the Officers were ready and the Judge and his company went strait to the Kings-Bench adjourned the Court returned to his Coach and drave away presently out of Town Sir Edward Coke and other Gentlemen who had appeared the last Parliament against the Duke were made Sheriffs and so could not be chosen Parliament-men Coke excepted against several parts of the Sheriffs Oath and by advice of all the Judges one of his Objections was allowed to wit the Clause To destroy Lollards which by Order of the King and Council was left out of the Oath and so continues The carriage of the Bishop of Lincoln towards the Duke at the Parliament at Oxford was remembred and he was sequestred from the King's Presence and from the Council and from the Custody of the Seal which was given to Sir Thomas Coventry and he was sworn a Privy Councellor and Lord Keeper The King finding the discontents of his Subjects increased thought fit to call another Parliament and first Commands are given to the Bishops to proceed against the Papists by Excommunication and a Proclamation confines them The King determines to leave Mountague to the Parliament to the great regret of Bishop Laud. The Coronation of the King is appointed on Christmas-day and Commissioners made to receive and determine Claims concerning Services to be then done Knights of the Bath are to be made and a Proclamation issues for all that had 40 l. per annum to come in and receive the Order of Knighthood A Day of Thanksgiving was kept for the ceasing of the Plague In London and the Out-Parishes this year dyed 54265 persons whereof of the Plague 35417. The King's Coronation was performed with the usual Ceremonies and Solemnities by Bishop Laud onely the King's Robe was White Sattin because as some say Purple could not be then had The Bishop of Lincoln having received no Writ of Summons to this Parliament desired the King that he might make his Proxy and besought him to mitigate the Duke's causeless anger towards him The Parliament being met the Lord Keeper made a Speech to them Of the Benefit and Constitution of Parliaments and the King's love of them and his striving whether he should be major or melior a greater King or a better man and that the causes of calling them were to make good Laws and to execute Justice Then the King approved of the Speaker who made an Harangue suitable to the Times Extolling the King and praising Monarchy Parliaments Bishops Lords Commons Laws Judges and all that were in place and inveighing against Popery and the King of Spain And concluded with the usual Prayer That his Majesty would allow the Priviledge of Parliament Freedom of Debate and Access to his Royal Person The Commons began to fall upon the Publick Grievances the Miscarriage of the late Voyage to Cadiz the mis-imployment of the Kings Revenue Evil Councels Favouring of Papists The Loans Taxes and many other which they referred to Committees They likewise Exhibited Articles against Mountague The Privy Councel required the Bishop of Durham to Apprehend such of his Majesties Subjects as should be present at Mass and to Commit them to Prison and the Kings Attourney sent Letters to the Judges to direct their strict proceedings against Recusants in their Circuits The Commons questioned the Seising of the Ship The Peter of New Haven by Sir James Bag upon which our Merchants Ships and Goods were seised in France The Duke said he would justifie it by the Kings Order The Council of War for the business of the Pallatinate were called into the House of Commons but made no clear Answer The King by Message and the Lords press the Commons for Supplies They proceed as to the Grievances by the method of Evils and Remedies and Resolved 1. That the Diminution of the Kingdom in strength and honour is an Evil which we suffer under 2. The Increase and countenancing of Papists 3. The not Guarding of the Narrow Seas 4. Pluralities of Offices in one hand 5. Sales of Honours and
Court the Statute of W. 1. c. 29. and the Mirrour of Justices agree in an excellent direction in this point When a good cause is destroyed by misinformations or unlawful subtleties or deceits let the instruments thereof take heed of the wo denounced by the prophet against them that call good evil and evil good that put darkness for light and light for darkness their root shall be rottenness and shall go up as dust Remember that in your Oath for one verb you shall serve you have two adverbs well and truly The duty of Advocates to their Clients are general and particular The general consist in three things Secrecy Diligence and Fidelity 1. For Secrecy Advocates are a kind of Confessors and ought to be such to whom the Client may with confidence lay open his evidences and the naked truth of his case sub Sigillo and he ought not to discover them to his Clients prejudice nor will the Law compel him to it 2. For Diligence much is required in an Advocate in receiving instructions not only by breviats but by looking into the Books themselves in perusing Deeds in drawing Conveyances and Pleas in studying the points in Law and in giving a constant and careful attendance and endeavour in his Clients causes 3. For Fidelity it is accounted vinculum Societatis the name of unfaithfulness is hateful in all and more in Advocates than others whom the Client trusts with his livelyhood without which his life is irkesome and the unfaithfulness or fraud of the one is the ruin of the other Virgil in his fiction of Aeneas going down to Hell sets these in the front of Crimes Hic quibus invisi fratres dum vita manebat Pulsatusve Parens aut fraus innexa clienti Inclusi paenam expectant For your duty to particular Clients you may consider That some are rich yet with such theremust be no endeavour to lengthen causes to continue Fees Some are poor yet their business must not be neglected if their cause be honest they are not the worst Clients though they fill not your purses they will fill the ears of God with prayers for you and he who is the defender of the poor will repay your Charity Some Clients are of mean capacity you must take the more pains to instruct your self to understand their business Some are of quick capacity and confidence yet you must not trust to their information Some are peaceable detain them not but send them home the sooner Some are contentious advise them to reconcilement with their Adversary Amongst your Clients and all others endeavour to gain and preserve that estimation and respect which is due to your degree and to a just honest and discreet person Among your Neighbours in the Country never foment but pacify contentions the French proverb is Bonne terre mavuais chemin Bon Advocat mavuais voicin I hope this will never by any here be turned into English The next and last words which I shall note in your Writ are Servientis ad legem The name Sergeant is antient some would fetch it from the French word Sergent as Pasquier in his Recherches but that word is also Saxon. You are indeed Servientes but it is Ad legem your Fee is honorarium and you are or ought to be Patroni Clientium Viduae Orphano Adjutores The Conservators of the peace as in my Lord Cokes preface to his 10. Rep. were antiently called Servientes pacis and the tenure by Grand Sergeantry is the most honourable Sergeants were also called in Latin Narratores as my Lord Coke and Sir Roger Owen observe And in the Book in the Tower 14 E. 2. f. 89. One prayes that he may have Narratores in placitis ipsum tangentibus notwithstanding the Laws of Wales In the records in the Treasury 25 E. 1. one Thomas Marshall justified the maintenance of a cause for that he was Communis Serviens Narrator coram Justitiariis alibi ubi melius ad hoc conduci poterit and as a Counsellor he advised him They were antiently called likewise Countors as is noted by Sir Roger Owen and my Lord Coke because the Count comprehendeth the Substance of the Original Writ and the foundation of the suit and of that Part as the worthiest they took their name and lost it not in the reign of E. 1. and at this day every Sergeant at his creation doth count in some real Action at the Common-Pleas Bar. In the Statute of W. 1. 3 E. 1. he is called Sergeant Countor and in the Stat. 28 E. 1. c. 11. is this clause Nest my a entender que home ne poet aueer Councildes Countors des Sages gents Chaucer calls them Countors and in the Mirrour of Justices there is a Chapter of Countors the like in the grand Coustumier of Normandy and in the text and gloss of both these Countors are agreed to be Advocates who plead and defend mens causes in Judicial Courts The rest of the words of your Writ prefix a day and command you to prepare your selves to take this state and degree upon you Accordingly some of you have formerly appeared upon your Writs which have been ordered to be filed and your appearances recorded The rest of you have now appeared upon your Writs which have been read and the like order given as for the others and we are ready to admit you to take your Oaths And what honour and advantage hath been gained by any the most eminent of your predecessours in this degree I do heartily wish may be multiplied unto you Mr. Sergeant S t John and to all the rest of these worthy Gentlemen your Brethren 20. Vote for money for the Forces in Carlisle and Northumberland c. Several Officers of the Army presented to the Commons not to the Lords the Large Remonstrance of the Army with a Letter from the General to the House desiring the Renonstrance might have a present reading and the things propounded therein be timely considered and that no failing in Circumstances or expressions may prejudice the reason or Justice of what was tendered The preamble of the Remonstrance shewed the miscarriages of the King and of the Parliament severally and in Treaties between them especially that Treaty wherein they now are That they conceive the Parliament hath abundant cause to lay aside any further proceedings in this Treaty and to return to their votes of non-addresses and to reject the Kings demands for himself and his Party and that he may no more come to Government nor to London That Delinquents be no more bargained with nor partially dealt with Nor protected nor pardonable by any other power only moderated upon submission and among these Offenders they offer 1. That the King be brought to Justice as the Capital cause of all 2. That a day be set for the Prince and Duke of York to come in and if they do not then to be declared Traitors if they do come in to be proceeded against or remitted
the place for Tryal of the King should be Westminster-Hall and that in order thereunto the King should be brought from Windsor to London The Commissioners of the Seals heard some Cause in the Queens Court some told 'em for News that new Commissioners of the Great Seal were to be appointed Sergeant Bradshaw Sergeant Thorpe Sergeant Nicholas this was supposed to be discourse only as some would have it 14. The Lords day in the Evening a visit to Mr. Speaker who seemed much unsatisfied with the proceedings of the Army especially with an apprehension that they design to put him out of his place and to claim all by conquest The times were indeed full of dread and danger and of trouble and change which caused many a perplexed thought in sober men who yet put their trust in God and resolved to depend on him and to go on in the way wherein he had set them whilst they were permitted 15. The Declaration passed for revoking the former vote for taking off that of non-addresses to the King and for justifying the present proceedings of Parliament Order for one thousand pound for defraying incident charges for Tryal of the King A Petition from the Common Council of London desiring the House to proceed in the execution of justice against all Capital actors in the War against the Parliament from the highest to the lowest That the Militia Navy and places of power may be in faithful hands for recovery and increase of trade and to endeavour the setling of the Votes that the supreme power is in them upon foundations of righteousness and peace and that they resolve to stand by them They also presented a Narrative of the carriage of the Lord Mayor and some Aldermen denying to concurr with them in this Petition and departing the Court The House approved what the Common Councel had done and gave them thanks and appointed a Committee to consider of their desires The High Court of Justice sate and heard the Charge against the King and appointed a Committee to peruse it and the proofs of the matters of fact and Ordered to move the Parliament to adjourn the Term for fourteen daies in respect to this Tryal A Declaration read at the Council of the Army of the grounds of their present proceedings justifying them and making apologies for themselves that they seek no particular advantage by the agreement of the people by which they have discharged their consciences and their duty to their native Country in their utmost endeavours for a settlement unto a just and publick interest Letters from France of great troubles there and Forces raised by the Queen Regent the Cardinal Mazarine and their Party and Parisiens the Parliament and the Prince of Conde and other grandees of that Party 16. An Act passed for adjourning the Term for fourteen daies Another Act passed for regulating the Clerks Fees of the Navy and Customs and discharging unnecessary ones Now the Commons stil'd what were before Ordinances at this time Acts of Parliament Papers from Scotland not acknowledging the House of Commons a Parliament laid aside and not read Private Letters from Scotland that the Parliament there nemine contradicente did dissent from the proceedings of the Parliament of England 1. In the toleration of Religion in Order to the Covenant 2. In the Tryal of the King 3. In alteration of the form of Government Letters from Pontefract that the Enemy keeps up in hope of relief that Major General Lambert was very active in disbanding the Militia Forces The Commissioners of the Seals heard Demurrers in the Queens Court work men being in Westminster-Hall to make the Chancery and Kings Bench into one Court taking down part of either Court and making Scaffolds 17. Referred to the Committee of Derby House to bring in a list of names of some to be sent Commissioners to the Parliament of Scotland now sitting and to keep a fair correspondence between the two Kingdoms Order for Mr. Kiffin and Mr. Knolles upon the Petition of Ipswich-men to go thither to preach A Petition with large subscriptions from the Isle of Wight Portsmouth Southampton c. representing their grievances and remedies A Committee appointed to consider of this and all other Petitions of this nature and to begin with those of most concernment to the present settlement The High Court of Justice sate and caused the Charge against the King to be abbreviated they Ordered a Sword and Mace to be carried before them The Commissioners of the Seal heard some causes in the Queens Court and an Act of the House of Commons being brought to them for adjourning the Term they were required to issue forth Writs for that purpose They rose and advised together about it the two Lords Commissioners with them refused to joyn in signing a Warrant for those Writs because the Lords House did not concur in this Act. Sir Thomas Widdrington and Whitelock thought fit to acquaint the House herewith and there some moved to send up to the Lords for their concurrence but most of the House opposed it as a waving of their own authority having already without the Lords past an Act for it and so it was laid aside Sir Thomas Widdrington and Whitelock sate in the House till four a Clock and went then to the Earl of Kent and the Lord Grey to acquaint them with what the House had done in this business and advised them to move the Lords House in it themselves which the Earl of Kent did stick at Then Sir Tho. Widdrington and Whitelock went to some of the Judges and advised with them whether the Term might not be adjourned without any Writ and they seemed to be of Opinion that it could not 18. Major General Massey one of the secluded Members made his escape from St. James's where he was Prisoner The Lords sent down an Ordinance which they had past to the House of Commons for their concurrence and it was the same in effect for adjourment of the Term which the Commons had past before But the Commons having before voted That they were the supreme power and that all Committees which before were of Lords and Commons might after that Vote Act though the Lords joyn not they would not own the Lords as formerly by agreeing to this Ordinance Whitelock was in the House at this Debate and excused the two Commoners Commissioners of the Great Seal for their scruple in this business withal expressing their readiness to observe and obey the commands of the House of Commons 19. An Ordinance long debated and at last committed touching Delinquents paying in the remainders of their compositions or else to be sequestred again The place of Lieutenant of the Ordnance was formerly given to Sir Walter Earl now one of the secluded Members it was now snapt at by others and a motion made to give it to another Member but referred to a Committee The High
Receipt of the Customs to the Revenue Debate of an Act to constitute Commissioners to discharge poor Prisoners who have lain long in Prison and have no Estates to pay their debts and to force those who have Estates yet keep them and continue Prisoners but have liberty for their Keepers and will not pay their debts but go abroad as if they were not Prisoners The House Adjourned till the afternoon but there were so few Members that they could not sit Letters that a Ship of Washford in Ireland landed some men in the night on the Coast of Wales under the House of one M r Griffith Jones and told him that they were for Prince Charles King of Ireland whereupon he opened his doors but they carried him away Prisoner and plundered his House yet a party of the Parliament Horse quartered not far off came in saved some of the goods and took the Quarter-Master of the Ship and five Marriners At the Council of State Sergeant Bradshaw took his place of Lord President of the Council but he seemed not much versed in such businesses and spent much of their time by his own long speeches 12. Major General Laughern Poyer and Powel referred to be tryed by a Court Martial And referred to a Committee to consider of other Prisoners of War who are fit to be banished who for perpetual Imprisonment who for Execution and who for Composition Mr. Walter Montague Prisoner had leave upon security to go beyond Seas Order to reduce interest Money to six per Cent. Committees appointed about Compositions of Delinquents and about the several Receipts for Monies Order for the Arrears of Colonel Thorney slain in Lincolnshire in the Parliaments service to be stated and his Son to have one hundred pound per annum Sergeant Bradshaw made Chief Justice of Wales The Garison of Pontefract brake off their Treaty of Rendition because Major General Lambert insisted to have some excepted from mercy whereupon some Papers with Stones were thrown over the Walls to inform the Souldiers of it and then they came to a new Treaty Letters from Scotland that the Enemy at Enderness marched out four thousand strong and expected six thousand Danes to join with them that the Parliament there were very angry at the stopping of their Commissioners in England and that they are near to an agreement with their new King Charles II. A Petition from divers well affected in Norfolk directed to his Excellency Thomas Fairfax Lord General of the Forces raised for the defence of the Gospel of Jesus Christ and the inlargement of the liberty of the well affected English Recites the Sins and corruptions of the times and in all professions and prays 1. That none but men of known integrity fidelity and well affected to the cause in hand may be put into any Office military or civil and no Delinquent to be trusted in any Office 2. That no longer the Scandalous ignorant and Malignant Clergy may take the word of God into their mouths but a Godly and painful Ministry to be placed throughout the Kingdom that for their maintenance all Rectories may be restored those in the hands of well affected men to have a valuable recompence out of the Bishops Lands those in Delinquents hands to be taken away Tythes to be wholly taken away and every Minister to have one hundred pounds per annum to be rated equally upon the respective Parishes 3. That the Lords day Fast-days and the like be kept wholly from all manner of imployment except upon necessity 4. That the Laws against Swearing Cursing and Drunkenness be put in execution that there may be no more Inns nor Ale-Houses but what are needful to entertain Strangers going about lawful businesses and no Gaming nor any to be Vnlicensed 5. Papists to have no more but to maintain themselves reasonably and their Children to be bred Protestants 6. Schools and the Vniversities to be purged 7. That all Courts in the Country be put down and all causes under ten pounds value to be judged by two or three Neighbours to be chosen by the Parties and Perjury and Subornation of it to be death All Suits in Equity to be tryed by Juries not by Common Law Witnesses to be examined before the Judge except betwen two Nobles Knights c. who are able to stand a long Suit in Chancery No cause to hang above two Terms Lawyers to be reduced to a smaller number and their fees be be less and certain and but one Counsel in small causes 8. That who will may purchase Lands to be Freehold in Soccage for a reasonable Fine and that the base Oath of Fealty and Homage may make no more perjured Souls in the Kingdom 9. That the Army be purged of all disaffected to the cause and swearing and other sins be punished therein 10. That all taxes be taken off and the Army paid and satisfaction to the well affected out of Delinquents estates Deans and Chapters Lands c. that the Crown Lands defray the Pensions of the Judges the charges of the Navy c. 11. That Authors Printers and publishers of Scandalous and lying Pamphlets be supprest and severely punished 12. That Clipt and counterfeit Money be called in 13. That Fairs be kept only in Market Towns and small Fairs forbidden 14. For purging the Parliament setting Godly Guards about them bringing Capital Offenders to Justice and setling religion according to the mind of God Letters from the Hague that the Prince was there generally owned as King that the Episcopal Doctors flocked to him that Dr. Critton had a check for his railing Sermons The House sate not at the Councel of State they had some intelligence that looked dangerously and they expected difficulties That which seemed of most threatning was their own divisions and such Petitions as that before mentioned 14. A Letter from the Parliament of Scotland about the confinement of their Commissioners and justifying the papers delivered in by them Referred to the Council of State Referred to them to consider of Forces to be sent to Ireland and to nominate a General and other Chief Officers One of the Parliaments Frigats went to Sir George Carteret to Guernsey who after he had got possession of her turned off all the Mariners An Act passed for a new Seal for Cheshire Flintshire c. Order that Whitelock be injoyned to bring in a Declaration to satisfy the people touching the proceedings of Parliament Order for divers Members and the Master of the Ceremonies to attend the Prince Elector to Gravesend That the Committee of the Revenue provide Barges c. and that the Speaker and Members wait on the Prince to take leave of him Upon a report from the Council of State Voted that Sir Jo. Stowell and Judge Jenkins be tryed for their life That Wren Bishop of Ely and the Marquess of Winchester be not tryed for life but imprisoned till further order of the House
knowledge of the languages and being one whom they could trust c. but he insisted upon the former matters of excuse and so the business as to him went off 12. Order for a Writ to elect a new Burgess for Carlisle in the place of M r Barwis deceased An Ordinance committed to give power to the Committee of Admiralty to proceed to sentence of Death in Criminal causes Order for the Committee to meet the Common Council of London this afternoon for borrowing one hundred and twenty thousand pound for Ireland A long debate upon the Act for Sale of Deans and Chapters lands and provisoes in it for allowances out of those lands to itinerary Ministers and disposing their impropriations for additional means to the Ministery recommitted An Act for inventorying the late Kings goods committed and a Committee appointed to consider of the Sale of his Deer and Parks reserving such as shall be needful for the State The Common Council of London were willing to lend one hundred and twenty thousand pound for Ireland but disliked the security proposed and the Committees agreed to treat upon further security The Council of War after full hearing of the parties and witnesses passed sentence of Death against Colonel Powell and Major General Laughern as they had done upon Colonel Poyer before upon the two first Articles of War That such as have intelligence with the Enemy or any communication with them without direction from the General shall be punished as Traitors and Rebels and that none shall relieve the Enemy with money victuals ammunition or harbour or receive any of them upon pain of Death The wife of Major General Laughern presented a Petition to the Court Martial imploring their mercy to her husband and that this one unadvised act of his might not cause all his former eminent services to be forgot and the great loss of her and his Children and two Sisters by his Death At Bristol were discovered three brass pieces of Ordnance made up in Fatts sent from London and directed to the Lord Inchequin in Ireland In the Evening the Commissioners of the Seal the Lord General the Lieutenant General Cromwel the Chief Justice Rolls the Chief Baron and many Gentlemen of the House as a Committee of Parliament went to the Common Council of London to borrow of them 120000 l for Ireland The Common Council gave them a fair and hopeful answer by their Recorder 13. Upon a Report from the Committee of Yesterdays transactions with the Common Council and their forwardness and desire in that business a Committee was appointed to treat with a Committee of Common Council concerning the advance of the 120000 l for Ireland and to give them the thanks of the House for their willingness to promote this business Order for monies for the Garrisons of Barwick and Carlisle to be disposed as the Governour of New-Castle shall direct An Act committed for appointing Treasurers for the ninety thousand pound assessment no Member of the Army to be of this Committee Letters from the Hague that the Prince Elector arrived there was slighted by the King of Scotland and his Court that the States appointed a Council to assist the King to treat with the Scots Commissioners and commanded all their Ministers to pray for no Kings or Princes but those under whose Government they are Letters from Excester that the Mayor and Justices there refuse to Execute their Office and to punish any offenders perswaded to it by the Ministers who also inveigh against those that open the Flood-gate of wickedness 14. Order that upon any suit commenced against any Member of Parliament the Commissioners of the Seal and the Judges shall certify such Members thereof respectively and if after such notice they shall refuse to answer or plead according to the usual proceedings of Law That then the Commissioners of the Seal and the Judges shall award such process against their persons and Estates as according to Law is meet and such Members to have no more priviledge in person or Estate than any other Commoner Referred to the Commissioners of the Seal and to the Judges in their Circuits to receive complaints against any disaffected Justices of Peace and upon proof of the charges against them to remove them from being Justices of the Peace as they shall see cause and to put other well affected persons into Commission in their stead A Committee appointed to receive Informations and complaints against such Ministers as in their Pulpits vilify and asperse the Anthority and late proceedings of Parliament and to proceed against such Ministers according to justice Referred to the Council of State to consider of a stamp for the gold newly brought from Guinnea and for the advantage of the State and incouragement of the Merchants And to consider how the statutes against transportation of gold and Silver may be strictly put in Execution and how the melting of Coyn here and selling of Silver for beyond Seas may be prevented An Act committed for appointing of Commissioners and Treasurers for prize goods and disposing of all prohibited commodities for the advantage of the State and for putting all statutes concerning the same into Execution Referred to the Council of State a proposition of Colonel Temple to stop the transportation of Bullion and all prohibited commodities Order that the Lords Commissioners of the Great Seal be required to give in the names of such persons as they conceive will be fit for Judges to supply the places that are vacant 16. Upon the Death of Sir Francis Pile Knight of the shire for Berks a Writ issued out for a new election and the Sheriff returned the Earl of Pembroke with all his titles to be chosen Knight of the shire for Berks primae impressionis the House approved of the election and admitted the Earl a Member of the House of Commons and his Lordship attended by many eminent Members was received into the House with great respect Referred to a Committee to examine and consider the impositions laid upon Corn and Coals and the ingrossing of Corn the Earl of Pembroke named of this Committee Oxford Petition referred to the Committee for regulating the University of Oxford Order that none go beyond Seas without licence and an ingagement to act nothing against the Common-Wealth A Petition from Colonel Poyer for Mercy A Petition often thousand well affected persons of London Westminster Southwark and the Hamletts in the behalf of Lilburn Walwyn Prince and Overton Complaining of the illegal proceedings against them by power of Souldiers and undue examinations of them c. and prayeth their inlargement from prison and that for the future no person may be censured condemned or molested concerning life limb liberty or estate but for the breach of some Law first made and published and that the Tryals of all such causes may be left to subordinate Magistrates and ordinary proper Courts of Justice That the
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
the other burnt and got away to the French Shore that the Fight was very hot and the English lost some precious Men the Fight continued four Hours and the night parted them That Sir George Ascue lost 12 Men and received 60 Shot in his Hull that the Dutch had 55 Men of War and 15 Merchant-men in this Ingagement and Sir George Ascue much fewer 21. Letters of Fishermen taken by the Dutch and some cleared by the Admiralty of Amsterdam That Sir George Ascue continued Three days fighting with the Dutch that 100 of his wounded Men were sent into Plymouth and 500 Men went from thence to recruit his Fleet. 23. Letters of divers Clans in the High-lands come in to Collonel Overton That some Highlanders way-laid Captain Powel in a narrow Pass but he brake through them and the Country rose upon others took their Captain and brought him to Collonel Morgan 24. An Act passed for stating the Accounts of the Officers and Soldiers in Ireland A Commission past for managing the Affairs in Ireland the Committee were the Lord-General Cromwel Lieutenant-General Fleetwood Lieutenant-General Ludlowe Mr. Corbet Collonel Jones and Mr. Weaver Letters That Sir George Ascue by advice of his Council of War went after the Dutch Fleet to the Coast of France and there engaged them who were 90 Sail of Ships 30 of them Merchant-men who left their Fleet upon the beginning of the Ingagement That Sir George had but 38 Sail and four Fire-ships and four Scouts that he and four others charged through the whole Body of the Enemies Fleet and received many Shots in their Hulls Masts Sails and Rigging the Enemies design being to spoil them but Sir George tacked about and weathered them and charged them all again and so continued ingaged till dark night That he lost but one Fire-ship which set her self on fire being ready to sink and saved her Men and turned her among the Enemy That the Dutch Admiral was sunk That the next day the English Fleet kept sight of the Dutch Fleet but would not ingage upon the French Coast but went to the Northward to repair their Ships 26. Letters of some Ships with Coal come into Yarmouth for London That General Blake was sailed towards Sir George Ascue and had taken two Dutch Ships loaden with Victuals and Sir George had taken Two more loaden with Salt and Strong-water 27. Letters That the Commissioners from the Shires in Scotland had chosen 21 Men 14 for to represent the Countries and Seven the Boroughs to attend the Parliament of England Of Forts made in the Highlands by the English Soldiers who wrought hard in them of Two Chiefs of the Clans standing out there and of the obstinacy of the Kirk-men Of strange Apparitions in the Air at Dalkeith shapes of Men clashing together as in a Skirmish a great Light in a Circle 28. Letters of â—ive Pyrates about the Lands-end who have taken many English Vessels Prizes That Captain Hinde the famous High-way Robber was condemned at the Assizes That General Blake had taken Six Dutch Prizes and was commanded back to the Downs and had sent Six Frigots to Sir George Ascue That General Blake took Two more Dutch Prizes one of them fought single with Captain Stoakes Three hours before she did submit Of another rich Prize taken in Wales Order for an Act for payment of Debts by publick Faith and for another to prevent mischiefs to Persons barred from relief in Equity by pleading Outlaries A Committee appointed to receive Petitions and consider which of them are fit for the House and which propet for Courts of Justice 29. Letters to the Council from Captain Pen this Lords day of his taking Six Dutch Ships Prizes richly laden one of them 30 Guns yet none of them struck a stroak to defend themselves 30. Letters That the Major-General in Scotland resolved to turn every Stone rather than to strike to get in the Highlanders That about 40 Sail of Dutch Men of War on the Scotch Coast took some English Vessels That Five of their Men of War were cast away by a late Storm and Two East-India Ships lost their Masts Complaint of corrupt Magistrates and of ignorant and scandalous Ministers abounding in Hereford-shire and other places that the Lord will destory the Parliament Party as the Writer fears by permitting a Combustion within their own Bowels and letting in a Forreign Enemy and do his work by others more honest That the Scouts sent out to discover the Dutch could not find any of them 31. Articles of Surrender of the Plantation of Virginia into the Hands of the Parliament read and confirmed and an Order for a Patent to be granted to them An Act passed for setting apart a day of publick Humiliation September 1652. 1. Letters of many English and Dutch going on foot to London their Ships taken by General Blake or by Van Trump 2. Order for all the Members of the House to meet to morrow to keep the Thanksgiving-day An Act for calling home Sea-men from Forreign Service ordered Order to reserve from sale Scilly Islands and Chatham Dock c. The Committee met for receiving Petitions and considering which were proper for the Parliament and which for Courts of Justice and other places that things might move in their right Channels and to take off particular Causes from Parliament 3. Letters That the Major-General had concluded amicably with the Marquess of Argyle and the English were returned from the Highlands of Scotland and in their march the Highlanders about 1500 were got together at a Passe where they stood upon Rocks and inaccessible ground and the English could only file over That they pretended to enquire whether the Marquess of Argyle were Prisoner though they knew he was not the English advanced one by one over the Passe and the Scots stood every way prepared to take their advantages upon them yet had not the power or spirits to do it That the English drew up close to the Scots till all their Rear-guard was passed over and then marched and incamped a mile from them and heard no more of them till they came to Dunbarton and there the Major-General came to them and told them that since their march away the Scots had surprised Two of their Garrisons in the Highlands That the Highlanders took in Turbet Castle which was yielded to them by Lieutenant Gillot Ten Barrels of Powder with Match and Bullet 5000 weight of Cheese and 26 Baggs of Bisket That they seised upon 40 English Foot pretending that they did it because their Marquess of Argyle was carried away Prisoner which they knew was not so but they used the Prisoners very civilly 4. Letters That the Six Frigots sent from General Blake to Sir George Ascue were fitted to go to him and that Sir George was ready to set to Sea again That the Dutch have 50 Sail more of Ships to joyn with their Fleet that they took Three
them to have Fire-Arms or Ammunition 4. Letters that Argyle finding his Country men would not follow him by reason his Son the Lord Lorn was with the other party he left the Highlands That De Wit convoyed home to the Texel from the Sound the East-India Ships with 375 other Merchantmen and that about thirty Sail from Norwey were come home That young Trump was got home with his Merchantmen through the Channel That the English East-India Ships and other Merchantmen were safely arrived with their Convoy two Men of War and came in sight of young Trump who had Eight men of War yet did not exchange one Shot with them that a great Fleet of Colliers were come into the Thames 5. An Act passed for Repealing part of a former Act that enjoyns the subscribing the Engagement before one shall have the benefit of the Law A Bill committed for the taking away the High Court of Chancery and Constituting Judges and Commissioners for hearing Causes now depending in Chancery and future matters of Equity and for Reforming Abuses in the Common Law 7. Letters of the Cruelty and Insolency of the Highlanders under Kinmore That a Garison of the Parliaments took divers of them Prisoners and many Horses and Arms. Of the preparations in Holland for one hundred Sayl of Men of War 8. Debate of the Bill of the Assesments and the House Ordered the Rates to continue as before An Act passed concerning the Determination of certain Claims depending before the Commissioners of Obstructions 9. A Committee sate upon the Petition of Alderman Fowk late Lord Mayor of London 11. Of a Synode in Scotland among whom was great differences of Opinion with long and sharp Debates Of two French Prizes brought into Plymouth and an other pretending to be an Hamburgher Of a Frigot sent to Jersey for twenty Brass Guns and for two Companies of Soldiers Of two Dutch Prizes more brought into Alborough Sheriffs Nominated for the Counties of England and Wales 12. Letters of two Dutch Prizes brought into Burlington Bay That by great storms at Sea the Dutch lost twenty of their Ships driven a shore most of them Men of War And that De Wit was not returned That in the late storm two thousand Dutch Men were lost and four hundred and seventy Pieces of Cannon That in the storm fifteen breaches were made in the Banks of that Country and some Castles and whole Villages drowned 14. Letters of the French Capers doing much mischief to the English Merchants and cruelly using their Men and that they make Brest another Algiers That the great loss of the Dutch by the late storm at Sea hindred their Admiral Opdam from going forth with the Fleet. Order of Parliament touching the Redemption of the Captives of Algier Letters from the States of Lubeck and Hamburgh to the Parliament of England read in the House 15. The House Nominated some Sheriffs and Debated the Bill of Assesments Letters of a Party of the Highlanders falling upon a small Party of the English of whom they killed one and wounded three of them That Captain Watson fell upon a Party of the Highlanders and did them much damage Of thirteen Dutch and French Prizes brought into Plymouth most of them pretending to be Hamburghers 16. Orders touching claims for Moneys due upon Publick Faith and touching some Sheriffs of Counties 17. The Council of State published an Order Reciting the Trust reposed in them by the Parliament for this purpose they declare that the Council will protect all the good People of these Nations That no disturbance shall be offered to any such in their peaceable Assemblies for the Worship of God It is expected and required of all Ministers of Justice to proceed against the offenders therein as disturbers of the publick peace and all other persons to take notice thereof Order for a Lottery for Provinces and Counties in Ireland as to claims of land there 18. Letters that Kenmores party increased and took many Horses from the Lowlands who were generally their Friends That they plundered the Country and took some Prisoners that they received a Letter from their King that he could not assist them which discouraged them That by the late Inundation in Holland Amsterdam was damaged one hundred thousand l. That their Fleet being seventy two Men of War riding in the Texel were much shattered by the late violent winds sixteen of them lost and fourteen driven on shoar not above six left that were serviceable That the Seamen there are discontented that General Monk was gone down to the Parliaments Fleet. 19. Debate of the power of Patrons in Presenting Ministers and the inconveniencies thereof and Orders for an Act to take away Presentations An Act passed for setling Lands of the late Earl of Darby upon the present Earl his Son Order for a Bill touching the Excise and debate upon the Bill of Assesments That the Pickaroons of Bulloign took an English Merchant Man 21. That the Highlanders Garisoned several Houses that a Party of them took two Captains of Collonel Overtons Regiment going with their Wives to Glascow and took two Soldiers of Colonel Tomlinsons Regiment and that they plundered the Lord Warestons House An Act published for Establishing of a High Court of Justice A great Insurrection and Tumult was at the New Exchange between the Portugal Ambassadors Brother and some of his Company and Collonel Gerrard an English Gentlman who hearing the Portugueses discoursing in French of the Affairs of England told them in French That they did not represent those passages aright Whereupon one of the Portugueses gave him the lye and they all three fell upon Collonel Gerrard stabbing him in the shoulder with a Dagger but being rescued out of their hands by one Mr. Anthuser they retired home and within one hour returned with twenty more Armed with Breast-Plates and Head-pieces but after two or three turns not finding Mr. Anthuser they returned home that night 22. Letters that two thousand Dutch Prisoners of War in England were discharged and come home into Holland That young Trump was come home safe and so was the Dutch Ships from Bergen in Norwey The Portugal Ambassadors Brother returned again to the New Exchange with his Company and walking there they met with Colonel Mayo whom they supposed to have been Mr. Anthuser and shooting off a Pistol as a warning Fifty Portugueses came in with drawn Swords and leaving some to keep the Stayers the rest went up with the Ambassadors Brother and fell upon Colonel Mayo who gallantly defending himself received seven dangerous wounds and lies in a dying condition And then they fell upon Mr. Greenway of Lincolns-Inn who was walking with his Sister in one hand and his Mistriss in the other and Pistol'd him in the head whereof he dyed immediatly they brought with them several Jars filled with Gunpowder in their Coaches stopped with Wax and filled with Matches intending as it seemed to have done some
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
good deliberation and advice and his Highness was persuaded that it would much conduce to Publick good to have it duely executed which this Order did require which he delivered to Whitelocke and said his Highness did not doubt of their ready compliance therein Whitelocke spake as antient and told the Committee That they had not the honour to be advised with upon the making of this Ordinance and that they were under an Oath and as far as they could they should readily comply with the pleasure of his Highness and the Councel and desired some time to peruse and consider the Ordinance Some debate in general there was about it and the Master of Rolls spake most resolutely against it The Committee would not enter into a Debate about it but gravely admonished the Lords Commissioners to be careful not to oppose his Highness intentions for the common good and so they dismissed them After this the Commissioners of the Seal and the Master of the Rolls had several meetings and consultations about the execution of this new Ordinance The Commissioner L'Isle was wholly for the execution of it Sir Thomas Widdrington the Master of the Rolls and Whitelocke were not satisfied for the execution of it and declared their reasons against it and observations of inconveniencies in it which are as followeth The Commissioners and Master of the Rolles are by this Act of Regulation made instrumental to deprive several persons of their Freehold without Offence or Legal Tryal which reflecting upon the Great Charter and so many Acts of Parliament they humbly desire they may have the opinion of all the Judges of England in point of Law therein The fourth Rule of the Ordinance is that the first process in Chancery be a Subpaena which shall be open and that as many Defendants as the Plaintiff doth desire be inserted into the same paying no more but one shilling six pence for every Subpaena thus to be distributed six pence for the Seal and twelve pence to the Office Vpon serving the Subpaena open the abuse now too frequently used will be much increased by Forgery of Names Persâ—ns and Dates 5 That no Subpaena be sued out until a Bill be Filed and a Certificate thereof be brought unto the Subpaena Office under the Hand of the Chief Clerk or his Deputy for which Certificate the chief Clerk shall receive no fee. The Exhibiting a Bâ—ll before a Subpaena will draw an unnecessary expence and trouble in many Suits which would end upon the bare service of the Subpaena as is found by dayly experience and is mischievious to the people in many particulars ready to be expressed and only profitable to Lawyers and Attornies 6. That in default of appearance upon Oath made of due service or in default of answer within due time security being put in as is provided an Attachment with Proclamation shall Issue to the Sheriff who shall cause the same to be Proclaimed at the door of the Defendants dwelling House Lodging or last abode between Ten and Two by the Sheriffs Bayliffs or special Bayliffs and the Bayliffs shall have power for the apprehension of the party if need shall be to break open any House or Door where the party is in the day time provided that if the Warrant be to special Bayliffs they shall not break up any House or Door but in presence of a Constable who upon the shewing of such Warrant is required to be assisting unto the Bayliffs and if the Defendant cannot be apprehended nor shall appear by the return of the Writ the Plaintiff may return the Attachment as often as there shall be cause which Attachment shall be in Lieu of a Commission of Rebellion and Serjeant at Arms. This seems to advance the Jurisdiction of the Chancery upon a mean Process beyond an exemption at Law to break open not only the parties but any other persons House without notice or request made to be admitted which may be used to the Robbing of Houses and taking away Evidences and other great abuses it being far different from the awarding the Sergeant at Arms who is a known and Responsible Officer and Acts only by special Order in open Court upon satisfaction of the heighth of the contempt and his Warrant is under the Hands and Seals of the Commissioners and he is also answerable to them for his miscarryage if any be and the other Process is issued by Clerks of course which reflects upon the Liberty and safety of the people of this Nation wherein every Ordinary Clerk hath power to do more then all the Judges of England and how safe it is for Judges to award such process is left to consideration 7. The Defendant shall not be compelled to answer until the Plaintiff with one Surety at least hath acknowledged a Recognizance before a Master of the Chancery in Ordinary or Extraordinary the sum not to be under twenty Marks conditioned to pay such Costs to the Defendant in that Suit as the Court of Chancery shall award if they see cause to award any for which Recognizance he shall be paid twelve pence only and no more and such Master of the Chancery shall for as much Certifie every such Recognizance into the Office of the Petty-bag in Chancery to be there Filed and the Officer there shall give a Certificate thereof to the Plaintiff or his Attorney upon request and for the Filing such Recognizances making Certificate and keeping an Alphabet thereof he shall receive twelve pence and no more but where the Plaintiff shall be admitted in Forma Pauperis there no Security is to be required By this the Defendant is not bound to answer without the Plaintiff gives Security by Recognizance which will be an incumbrance upon his Land so long as that Suit endures which will hinder Commerce and disable Infants and persons Non Compos Mentis to Sue and is of great delay and five times the former expence before the Suit can have an answer and the discharging and Suing Recognizances will increase motions Suits and Expences and if the Suits never proceed it will be difficult to have it dicharged and cannot be but by Orders albeit the parties consent and the Rule it self is uncertain not expressing to whom the Recognizance shall be given and doth no more than what may be done upon an Order for Costs without so much expence which is only of advantage to Lawyers Officers and Clerks 8. That where a Defendant might answer by Commission in the Country he shall not now be forced to take a Commission but may answer upon Oath before a Master of the Chancery in the Country in like manner and by such time as if a Commission had issued and that the Lords Commissioners for the Great Seal do take care for that purpose there be in every County a convenient number of such of the Justices of the Peace resident in that County as they shall judg to be of the greatest Ability and Integrity appointed to
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
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
it not for these contempts being convened before the high Commission Court he was fined in a great sum and committed to prison where he lay a long time and being upon a Habeas corpus brought to the Bar the cause of his committment was returned default in his canonical obedience He was first bayled and afterwards delivered upon this reason because breach of canonical obedience is an offence punishable by the ordinary by Ecclesiastical censures and not by the Commissioners Ecclesiastical by Fine and Impriscnment Strowde Hollis Selden and Valentine were brought to the Bar by several Habeas Corpora and the cause of their committment returned one Warrant from the Council and another Warrant from the King for Sedition and Contempts and whether this was a good Return or no was argued One Atkinson sued a servant of the King and the Lord Chamberlain committed him because he did it without his leave and upon his Habeas corpus Atkinson was delivered which the Earl of Montgomery Lord Chamberlain taking ill the same day that Atkinson was delivered he again committed him in contempt of the Court and admiration of all wise men Jones Whitelocke and Croke Hyde denying it gave a Warrant for a new Habeas corpus but before the return of it the Lord Chamberlain upon wiser thoughts discharged Atkinson from prison The King's Attorney Heath a fit Instrument for those times preferred an Information in the Star Chamber against Elliot and the other Parliament men there named setting forth their misdemeanours in the late Parliament and all those proceedings He preferred another Information against Chambers in the Star Chamber setting forth the King 's Gracious Government the great privileges of the Merchants and the small duties they paid then the words spoken by Chambers at the Council Table That Merchants have more incouragement and are less scrued up in Turkey than in England Chambers confest the words but said he spake them of the under officers of the Customes who had much wronged him and not reflecting upon the King or Council or the Government Yet the Court fined him 2000 l. and to make a submission which he refused underwriting that he did abhor and detest it as unjust and false The Fine was Estreated into the Exchequer where he pleaded Magna Charta and other Statutes against the Fine by the King and his Council in the Star Chamber it not being by Legal Judgment of his Peers nor saving his Merchandise But the Barons would not suffer his Plea to be filed Afterwards he brought his Habeas corpus but the Judges remanded him and after 12 years Imprisonment and long waiting for satisfaction for his losses from the long Parliament he at last dyed in want The Judges were somewhat perplexed about the Habeas corpus for the Parliament men and wrote an humble and stout letter to the King that by their oaths they were to bayle the Prisoners but thought fit before they did it or published their opinions therein to inform His Majesty thereof and humbly to advise him as had been done by his Noble progenitors in like case to send a direction to his Justices of his Bench to bayle the prisoners But the Lord Keeper would not acknowledge to Whitelocke who was sent to him from the rest of his Brethren about this business that he had shewed the Judges Letter to the King but dissembled the matter and told him that he and his Brethren must attend the King at Greenwich at a day appointed by him Accordingly the Judges attended the King who was not pleased with their determination but commanded them not to deliver any opinion in this case without consulting with the rest of the Judges who delayed the business and would hear arguments in the case as well as the Judges of the King's Bench had done and so the business was put off till the end of the Term. Then the Court of Kings Bench being ready to deliver their opinions the Prisoners were removed to other prisons and a Letter came to the Judges from the King that this was done because of their insolent carriage at the Bar. And so they did not appear Some Constables and other mean men committed by the Council and bringing their Habeas corpora were removed from Pursevant to Pursevant and could have no benefit of the Law Some advised the King to have no more Parliaments but to abolish them as Lewis the 11 th of France did and a Pamphlet was divulged to this purpose The King took another course to gain Eminent Parliament men that were against him to become of his party and to doe him service He took Sir Thomas Wentworth into favour and his Countryman Sir John Savile and they were made Privy Councellors Sir Dudley Digges was made Master of the Rolls Noy was made the King's Attorney and Littleton his Sollicitor The Judges of the King's Bench were sent for by the Lord Keeper to be in London on Michaelmas day the chief Justice Hyde and Whitelocke were sent for to the King at Hampton Court who advised with them about the Imprisoned Parliament men and both these Judges did what good offices they could to bring on the King to heal these breaches The first day of Michaelmas Term Mr Mason moved for the Prisoners to have the resolution of the Court. All the Judges declared that they were contented the prisoners should be Bayled but that they must also find suerties for their good behaviour Selden prayed that his suerties for his bailment might be taken and the matter of the good behaviour omitted as a distinct thing and all the rest of the prisoners stood to the same that Selden moved but the Court remanded them to the Tower because they would not find suerties for their good Behaviour It was intimated to them from good hands that if they would petition the King they should be discharged and all the trouble ended but they refused to do it and were detained in prison Sir Miles Hobert and some other prisoners moved the King's Bench for some more freedom in their imprisonment but then it could not be obtained In the same Term an Information was exhibited by the King's Attorney against Selden Hollis and Valentine in the King's Bench setting forth the same Matters in effect as were in the Information in the Star-chamber The like was against Sir John Elliot and for the words spoken by him in Parliament That the Council and Judges conspired to trample under their feet the Liberties of the Subject and the Privileges of Parliament This was said to be done by way of Conspiracy by all the Defendants as to their Actions in Parliament and that it was done falso malitiose seditiose to sowe discord between the King and the Great Ones and People And he said it to be Vi armis that they forced the Speaker to keep in his Chair The Defendants pleaded to the Jurisdiction of the Court because the offences
are said to be committed in Parliament and ought not to be punished in this or any other Court except in Parliament The Kings Attorney moved the Court to over-rule the Plea though he did not demur to it but the Court would not and gave a day to joyn in Demurrer and to have the point argued The Attorney exhibited an information in the Star-Chamber against Mr. Long for that he contrary to his Oath when he was made Sheriff and was by his Oath to keep within his County yet he did come to Parliament and serve as a Member there and in the time of Parliament resided out of his County For this the Court sentenced him to pay Two thousand Marks to the King for a Fine to be imprisoned in the Tower and to make a submission In Hillary Term the Information in the King's Bench against Sir John Elliot and the rest touching the point of the Jurisdiction of the Court came to be argued All the Judges severally declared their Opinions That in this case the King's Bench hath jurisdiction of the Cause And the Defendants were ruled to plead further but they would not put in any other Plea Whereupon Judgment was given against them upon a Nihil dicit that they should be imprisoned and not delivered till they had given Security for their good behaviour and made a submission and acknowledgment of their Offences and they were also fined Anno 1630. Anno 1630 In Easter Term Sir Henry Martyn Dr. of Laws and Judge of the Admiralty made a great Complaint to the King against the Judges of the King's Bench for granting Prohibitions against that Court and all the Judges were before the King about it and they mannerly and stoutly justified their proceedings in those Cases to be according to Law and as their Oaths bound them Sir Henry Vane was sent to the Queen of Bohemia about a Marriage for her Son with the Emperor's Daughter and the Son to be brought up in the Court of the Emperor to which the Queen would by no means hearken The Venetians were set on to mediate a Peace between England and France which took effect and Sir Thomas Edmonds was sent to take the Ratification thereof by the King of France by his Oath and signing of it Car. 5 A Book of Sir Robert Dudley's making being of purpose to increase the King's Revenue and containing in it somewhat in prejudice of the proceedings as to the Parliament was dispersed by the Earls of Bedford and Clare Sir Robert Cotton Mr. Selden and Mr. St. John for which they were committed to prison but Sir David Fowlis discovered the Author and so the matter ended and the prisoners were released William Earl of Pembroke died suddenly as was predicted to him by an Astrologer Upon the 29th of May 1630 the Queen was brought to Bed of a Son Prince Charles to the exceeding joy of the Subjects and the same day a bright Star appeared shining at Noon-day in the East About Midsummer this year Gustavus Adolphus King of Sweden landed in Germany with about 8000 Men and as soon as he came on shore he kneeled down upon the ground his Officers and Soldiers round about him and there gave thanks to God for his safe Arrival and prayed for his blessing upon that Action he prayed very pathetically in the presence of his Army and incouraged them by Texts out of holy Scripture himself being the Preacher The Prince Palatine sent his Plea to the Dyet at Leypsick and Sir Robert Amstrother was sent thither from our King to Negotiate the Palsgrave's Restitution but he received only a general Answer That at present the Affairs of the Empire were so pressing that they could not take into consideration the business of the Palatinate but that shortly it should be done and to the satisfaction of the King of Great Britain Dr. Leighton a Scotch-man for his Book Intituled Sions Plea dedicated to the last Parliament counselling them to kill all the Bishops by smiting them under the fifth Rib and railing against the Queen calling her a Canaanite and Idolatress had the Sentence of the Star-Chamber executed upon him he was stygmatized his Ears cut off and his Nose slit and imprisonment Sir Humphrey May Vice-chamberlain of his Majestie 's Houshold and one of his Privy Council died the 10th of June 1630. The Peace with Spain was concluded in November and the Articles solemnly signed and sworn to be observed upon a Latin Bible brought for that purpose by Bishop Laud. At this time the Face of War was over most parts of Christendom in Italy and France it was begun and in Spain also France fuller of fears and Germany full of the calamities of War and infested on all sides with potent Enemies Gustavus Adolphus King of Sweden being entred into Germany carries on his Designs vigorously and successfully first he declares the Cause of his Invasion For succour and relief and assistance to the Protestant Princes and the Cause of Religion so much oppressed by the Emperor and the Popish Party The Emperour answers the Declaration and justifies his Proceedings It is certain that the King of Sweden had not the least ambition or thought of beginning a War in Germany wanting Strength and Treasure to carry on so great a Design and therefore for a long time would not hearken to any Motions or Proposals made to him about that matter until he was earnestly sollicited and pressed by the Protestant Princes of Germany to take their Cause and Oppression and the Cause of all the Protestants in Germany into his Compassion and Intreated for the Cause of God and of his People to assist them for their deliverance from the miserable and unjust oppressions and persecutions under which all the Protestant Party did then groan by the Emperor's violence and cruelty towards them And yet it was then after many denials and excuses and dissatisfaction in himself as to the lawfulness of his undertaking this action that at length he was prevailed with by their Importunities and fair Promises but more by the sadness of the condition of the poor Protestants in Germany and the danger to the Protestant Religion there and in his own and all other Countries designed to be rooted out to pity their Estate Paries cum proximus ardet and for defence of the Protestant Religion to confederate with the Protestant Princes of Germany He thereupon made a League with them and raised an Army though but a small one and landed happily as is before mentioned and some of the Princes of the League joyning with him they went on prosperously through the blessing of God going along with them The particular proceedings of this great King Generalissimo of the Protestant Army are set down in the Histories of that War therefore I shall not insert them here But shall only in the general say this that the relation of those Affairs by our later Chroniclers is so
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
both for War and Peace the place for Intelligence and Supplies and betake himself to the Countrey where these things were not to be had and by his leaving the Town bring great disadvantages upon himself and his Affairs this was thought not to have been done advisedly But the fears of those with him and his own fears for them occasioned by the Tumults and his hopes that by his absence the heat of the House of Commons might in some measure be cooled were alledged in excuse of this Action The next day the five Members were triumphantly brought from London to Westminster by Water by a great number of Citizens and Sea-men in Boats and Barges with Guns and Flaggs braving as they passed by Whitehall and making large Protestations at Westminster of their adherance to the Parliament At Hampton-Court the King gave the like answer to the Buckinghamshire Petition as he had done before to that of London The Parliament were informed that the Lord Digby and Colonel Lunsford were gathering some Troups of Horse at Kingstone and appeared in Arms there whereupon they order the Sheriffs and Justices of Peace in all Counties to suppress all unlawfull Assemblies with the Trained Bands and to secure the Magazines Colonel Lunsford is apprehended and sent to the Tower and the Lord Digby escaped beyond Sea The Court removing to Royston the Attorney General Herbert is summoned to appear at the Lords Barr to answer concerning the Articles against the five Members but the King by his Letter to the Lord Keeper Littleton took all the matter upon himself and excused his Attorney and concludes that finding cause to desist wholly from proceeding against the persons accused he had commanded his Attorney to proceed no further therein Jan. 20. The King by Message to the Parliament adviseth them to digest into one body all the grievances of the Kingdome and to send them to him promising his favourable assent to those means which should be found most effectual for redress wherein he would not onely equal but exceed the most indulgent Princes The Scots having a fair plantation in Ireland offered to transport thither 2500 Souldiers upon certain Articles which the Parliament accepted and at length the King assented to them Then the Scots Commissioners mediated for a Reconciliation of the differences between the King and Parliament for which the House of Commons returned thanks to them The House of Commons moved the Lords to joyn with them in petitioning the King for the Militia and the Command of the Tower but the Lords not consenting the Commons themselves importune the King to put those Powers into the hands of the Parliament as the onely available means to remove their Fears and Jealousies The King not willing to part with those Powers gave this answer that he thought the Militia to be lawfully subject to no command but his own and therefore would not let it out of his hands that he hath preferred to the Lieutenancy of the Tower a person of known Fortune and unquestionable Reputation and that he would prefer none but such to the Command of his Forts and Castles yet would not intrust the power of conferring those Places and Dignities from himself being derived to him from his Ancestours by the fundamental Laws of the Kingdom The Commons petitioned again for these Powers and were again denied them by the King Divers Petitions accompanied with great numbers of People and more Subscriptions from Suffolk London and one from the City Dames were presented to the Parliament against the Votes of Popish Lords and of Bishops to which answers were given by the Commons that they had endeavoured and still would endeavour with the Lords that redress might be had therein Soon after this the Lords passed the Bill for disabling persons in holy Orders to have any Place or Vote in Parliament or to have any Temporal Jurisdiction The Commons again petition the King for the Militia and to clear the five Members but they perceived by his answer that he was resolved not to part with the Militia out of himself nor otherwise to clear the five Members but inclusively within a general Pardon The King sent for all his Houshold Servants to attend him particularly for the Earls of Essex and Holland but they excused themselves with the necessity of performing their Duties in Parliament upon which Essex was put out of his Place of Chamberlain and the other of the King's Bed-Chamber and became the more provoked The Lord Digby sent Letters from Middleborough to the Queen and to Secretary Nicholas to advise the King to betake himself to some place of Security where he and others might safely resort to him and he doubted not but that he should do him acceptable Service but these Letters being intercepted The Parliament sent to the King that he would desire the Queen not to correspond with Digby nor any others whom his great Council had proclaimed Traytors The Parliament took notice of a Rumour that they intended to accuse the Queen of High Treason which they deny and call a publick Scandal upon them to which the Queen gave a mild answer yet carefull to prevent any danger she obtains leave of the King who also acquaints the Parliament that his Daughter was to go into Holland to her betrothed Husband the young Prince of Orange and that her Mother the Queen desired to goe with her Daughter Accordingly the Queen went with her Daughter into Holland and carried with her all her own and the King's Jewels not leaving behind the Jewels of the Crown that with them and the assistance of the Prince of Orange a sufficient Party might be raised for the King At a Conference with the Lords Pym affirmed that many of the chief Commanders now in the Head of the Rebels and great Papists had been licensed to pass thither by the King after the Lord Lieutenant had put a stop at the Ports against their coming thither The King much distasted at this as intimating his conniving at the Rebellion required the Declaration of the House of Commons for his Vindication but could not obtain it The Parliament were busie in Debates touching the ordering of the Militia for the several Counties in which some declared their Opinions that the Power of the Militia was solely in the King and ought to be left to him and that the Parliament never did nor ought to meddle with the same Others were of Opinion that the King had not this power in him but that it was solely in the Parliament and that if the King refused to order the same according to the advice of the Parliament that then they by the Law might doe it without him and this was moved to be now done by the Parliament the King having denyed their former Petitions for settling of the Militia as they desired Upon this Debate one spake to this effect Mr. Speaker I have often heard
and shall be ready to give our faithfull advice in what shall be required of us Wh. Your Excellence I am assured is fully satisfied of our affections and duty to your Self and to that cause in which we are all engaged and my Lords the Commissioners of Scotland will likewise I hope entertain no ill thoughts of us L. Gen. My Lord Chancellour of Scotland and the rest of the Commissioners of that Kingdom desired that you two by name might be consulted with upon this occasion and I shall desire my Lord Chancellour who is a much better Oratour than I am to acquaint you what the business is L. Chancellour Mr. Maynard and Mr. Whitelocke I can assure you of the great opinion both my brethren and my self have of your worth and abilities else we should not have desired this meeting with you and since it is his Excellencie's pleasure that I should acquaint you with the matter upon whilke your counsel is desired I shall obey his commands and briefly recite the business to you You ken vary wee le that General Lieutenant Cromwel is no friend of ours and since the advance of our Army into England he hath used all underhand and cunning means to take off from our honour and merit of this Kingdom an evil requital of all our hazards and services but so it is and we are nevertheless fully satisfied of the affections and gratitude of the gude people of this Nation in the general It is thought requisite for us and for the carrying on of the cause of the tway Kingdoms that this obstacle or remora may be removed out of the way whom we foresee will otherwise be no small impediment to us and the gude design we have undertaken He not onely is no friend to us and to the Government of our Church but he is also no well willer to his Excellence whom you and we all have cause to love and honour and if he be permitted to go on in his ways it may I fear indanger the whole business therefore we are to advise of some course to be taken for prevention of that mischief You ken vary wee le the accord 'twixt the twa Kingdoms and the union by the Solemn League and Covenant and if any be an Incendiary between the twa Nations how is he to be proceeded against now the matter is wherein we desire your opinions what you tak the meaning of this word Incendiary to be and whether Lieutenant General Cromwel be not sike an Incendiary as is meant thereby and whilke way wud be best to tak to proceed against him if he be proved to be sike an Incendiary and that will clepe his wings from soaring to the prejudice of our Cause Now you may ken that by our Law in Scotland we clepe him an Incendiary whay kindleth coals of contention and raiseth differences in the State to the publick dammage and he is tanquam publicus hostis patriae whether your Law be the same or not you ken best who are mickle learned therein and therefore with the favour of his Excellence we desire your judgments in these points L. Gen. My Lord Chancellour hath opened the business fully to you and we all desire your opinions therein Wh. I see none of this honourable Company is pleased to discourse further on these points perhaps expecting something to be said by us and therefore not to detain you longer I shall with submission to your Excellence and to these honourable Commissioners of Scotland declare humbly and freely my opinion upon those particulars which have been so clearly proposed and opened by my Lord Chancellour The sense of the word Incendiary is the same with us as his Lordship hath expressed to be by the Law of Scotland one that raiseth the fire of contention in a State that kindles the burning hot flames of contention and so it is taken in the accord of the two Kingdoms Whether Lieutenant General Cromwel be such an Incendiary between these two Kingdoms as is meant by this word cannot be known but by proofs of his particular words or actions tending to the kindling of this fire of contention betwixt the two Nations and raising of differences between us If it do not appear by proofs that he hath done this then he is not an Incendiary but if it can be made out by proofs that he hath done this then he is an Incendiary and to be proceeded against for it by the Parliament upon his being there accused for those things This I take for a ground that my Lord General and my Lords the Commissioners of Scotland being persons of so great honour and authority as you are must not appear in any business especially of an Accusation but such as you shall see before-band will be clearly made out and be brought to the effect intended Otherwise for such persons as you are to begin a business of this weight and not to have it so prepared before-hand as to be certain to carry it but to put it to a doubtfull trial in case it should not succeed as you expect but that you should be foiled in it it would reflect upon your great honour and wisedom Next as to the person of him who is to be accused as an Incendiary it will be fit in my humble opinion to consider his present condition and parts and interest wherein Mr. Maynard and my self by our constant attendance in the House of Commons are the more capable to give an account to your Lordships and for his interest in the Army some honourable persons here present his Excellencie's Officers are best able to inform your Lordships I take Lieutenant General Cromwel to be a Gentle-man of quick and subtle parts and one who hath especially of late gained no small interest in the House of Commons nor is he wanting of Friends in the House of Peers nor of Abilities in himself to manage his own part or defence to the best advantage If this be so my Lords it will be the more requisite to be well prepared against him before he be brought upon the Stage lest the issue of the business be not answerable to your expectations I have not yet heard any particulars mentioned by his Excellence nor by my Lord Chancellour or any other nor do I know any in my private observations which will amount to a clear proof of such matters as will satisfy the House of Commons in the case of Lieutenant General Cromwel and according to our Law and the course of proceedings in our Parliament that he is an Incendiary and to be punished accordingly However I apprehend it to be doubtfull and therefore cannot advise that at this time he should be accused for an Incendiary but rather that direction may be given to collect such particular passages relating to him by which your Lordships may judge whether they will amount to prove him an Incendiary or not And this being done that we may again wait on your Excellence if you please and
present all Causes in Chancery Order that the Judges in Serjeants Inne the Benchers of the Innes of Court and Principles of the Innes of Chancery shall permit no Lawyers that have born Arms against the Parliament to be in any of those Societies Referred to a Committee to examine the entry of Mr. White into a Lodge belonging to Sir Tho. Walsingham Order for six thousand pound to be paid to the Committee of Berks for Abbington Garrison and that the Committee of the three Counties do consider what Forces of that Garrison and in those Counties are fit to be disbanded Upon Petition of the Stationer and Printer of the Lord Louden's Speeches they are discharged The Grand Committee sate in the afternoon about Bishops Lands 24. Progress about Bishops Lands Complaints from the North of their burthens Vote that the Chancery shall not proceed in any Cause determinable at Law High Sheriffs nominated Ordinance pass'd for the two Speakers to be Commissioners of the Seal 26. Progress about the Sale of Bishops Lands The Lords desired the concurrence of the Commons for the quartering of Sir Tho. Fairfax his Army more Northerly Orders for supplys of Forces Both Houses voted Captain Swanley to be Admiral of the Irish Seas Order to audite the Arrears of Col. Fleet-wood Debate about the Scots Papers touching the disposal of the Kings Person and it was referred back to the Committee Indictment in Bucks for not reading the Common Prayer complained of Ordered that an Ordinance be brought in to take away the Statute that injoyns it and to disable Malignant Ministers from Preaching Progress about the Assessments for the Army A Petition and Leters from the North informed that the Scots Army Quartering in those parts tax them seven times more than their Revenue rob beat and kill the Inhabitants who are more slaves to them than any are in Turkey That the Plague was begun amongst them 27. Orders for Compositions and for the Committee of Goldsmiths Hall to put in Execution the Ordinances for Sequestrations Order for a Collection for the poor The City of Chester chose Mr. Recorder Glyn to be an Alderman of that City instead of the Earl of Derby Sir Tho. Wharton Sir Robert King Sir John Clot-worthy Sir Robert Meredeth and M. Salwey appointed Commissioners for Ireland 28. The Monthly Fast kept Care for the ten thousand pound for Widows and Wives of Soldiers and others Three Ministers sent to Preach in Wales Mr. Sympson formerly silenced from Preaching because he differed in Judgment from the Assembly in some points was restored to his liberty 29. Progress in the grand Committee upon the sale of Bishops Lands The Lord Monson a Member of the House of Commons desired to wave his Priviledge and to have a Sute against him proceed the House appointed an Ordinance to be brought in to take away the Priviledge as to Title and Debts the Person only to be priviledged and not his lands or Goods Both Houses agreed to the Ordinance to make void all Titles and Honours granted under the Great Seal after it was carried away from the Parliament Letters from Major General Pointz and others informed that the Scots laid intolerable assesses upon the Country and kept Centinels and Guards as if they had enemies near them and examined all Passengers The House ordered that Sir Tho. Fairfax should give command to Major General Pointz and Col. Rossiter to keep Guards and examine all passing that way Northward 30. The grand Committee sate about the Ordinance for sale of Bishops Lands Order for drawing off all the great Guns from the Works for the ease of London and Westminster and a Regiment of twelve hundred to be compleated for the Guards An Ordinance committed for sale of the Estates of the Earl of Worcester c. An Ordinance read to constitute the two Speakers fully Commissioners of the Seal 31. Progress upon the Bishops Ordinance A Letter of the Scots Commissioners complaining of the necessities of their Army and of some scandalous Papers Printed of the sufferings of the Northern parts by their Army referred to the Committee Complaints Letters informed that Lieutenant General Lesley gave a Protection to one Metcalfe in the North a great Papist to free him from Assessments Team Horses free quarter c. Order that the Scots Commissioners be acquainted with it The Ordinance past and the great Seal was delivered to the two Speakers as Commissioners of it in the presence of both Houses November 1646. November 2. The third Ordinance for sale of Bishops Lands ordered to be sent up to the Lords A Committee appointed to consider what allowances are fit to be to the Bishops The Commissioners of the Great Seal began the business of the Seal and one Judge and a Master of the Chancery sate by turns to hear the Causes there Denbigh Castle was surrendred upon Articles to Major General Mitton Letters informed That Sir James Lesley had demanded the Fee Farm Rents in the North for the King and forbids the payment of them to any other That on the Fast day they were at play at the Court. That Marquess Huntley and the Gourdons refuse to submit That the Earl of Antrim is strengthned from Ireland and by Montrosses men That the French Ambassador was constantly with the King 3. Votes for due observation of the Articles of Oxford and touching Compositions and for keeping other Articles inviolably The Lords desired a Committee might be appointed to consider of the disposal of the Great Seal after the time that the two Speakers expired The grand Committee ordered to sit in the afternoon touching the Assessments Men and Supplys hastned for Ireland 4. Order for fifteen hundred pound Arrears to be paid to Col. Pure-foy An Ordinance touching the approbation of Gifted men to Preach laid aside Debate upon an Ordinance for repairing Churches and Chappels ruinated in the War and another for payment of Church duties 5. The Gun-powder-Treason day kept Information touching Passes granted by the King to Ship-Masters The papers of the Lord Chancellor of Scotlands Speeches c. touching the disposal of the Kings Person said to be printed first at Edingburgh and afterwards reprinted at London notwithstanding the Prohibition of the Parliament to the contrary 6. Progress upon the whole days debate touching the sale of Bishops Lands The Rebels were in a great body within eight miles of Dublin 7. A Committee named to inquire out the Printers of the Lord Lowdens Papers Order for five thousand pound for the Treasurers for advancing Plate c. A Message to the Lords to name a Committee to be of both Houses to consider of the disposal of the great Seal Debate upon the Ordinance for sale of Delinquents Estates Letters of sad complaints from the Northerne parts of the sufferings by the Scots Army referred to a Committee and power given to them to hear complaints of the like Nature from the Countrey 9. A Committee named of both Houses to consider of the
but it is for the People's sake A reverence to the person of the Judge procures a reverence to the Law pronounced by him but I shall hasten to speak a few words of the duty belonging to your Office as you are the Chief Judge of this Court and in your Circuits and other publick imployments in the Common-wealth For the duty of a Judge there cannot be a better direction than that Council which Iethro gave to Moses for the appointing of Judges That they should be men of Courage and men of truth fearing God and hating Covetousness For Courage I remember in a speech upon the like occasion with this of a Judge whose memory I have particular cause to honour That the life of a Judge is Militia quaedam if not Martyrium quoddam in both which Courage is requisite against the assaults of Friends of family of servants and the many importunities and temptations which he shall meet withal and a Martyr he must be in bearing the provocations censures scandals and reproaches which will be cast upon every Judge one Party being always displeased and not sparing especially in these times to censure the Judgment be it never so upright He must want no Courage to resist even the highest and greatest Powers The Stat. 2 E. 3. cap. 8. saith it is accorded and established that it shall not be commanded by the great Seal nor the little Seal to disturb or delay Common right and though such Commandment do come the Justices shall not therefore leave to do right in any point and to execute this Law requireth Courage Pursuant to this is the Statute 14 E. 3. c. 14. and the Parliament Roll 45 E. 3. n. 44. and 2 R. 2. n. 51. and all these are only declaratory of the Common Law as is evident before any of these Statutes by the close Roll 7 E. 2. M. 15. where in a Writ to the Chief Justice of the Common-Pleas the King commandeth quod propter aliquae Mandata vobis sub magno aut privato Sigillo they should not forbear to do right Justitiam nemini denegando nec ctiam deferendo and in our Books 1 E. 3. fol. 26. and 2 E. 3. fol. 3. if the King command the Judges to do that which cannot be done by Law they shall not do it According to Magna Charta nulli negabimus nulli deferemus Justitiam vel rectum and this the words of your Oath enjoyn The old Law of Edward the Confessor in Lambert fol. 38. commands the Judges to be equal to all nec quicquam formident quin jus Commun◠audacter libereque dicant For this we have an excellent President in Matthew Paris fol. 971. 41 H. 3. who relates that nobiles firmius confaederati constituerunt sibi Justitiarium virum ingenuum militen◠illustrem legum terrae peritum Hugonem Bigod qui Officium Justitiarii strenue peragens nullatenus permittat jus regni vacillare this is good Example of a Chief Justice and this jus regni is highly intrusted with every judge and I doubt not but that your self who have this trust hitherto so well performed and the rest whom the Parliament shall preferr will perform this great trust with Courage against which fear is not admitted for an excuse for so is the Petition of the Commons in the Parliament Roll 1. H. 4. n. 47. That the Lords nor the Judges be not received in time to come for their excuse to say that they durst not do or say the Law or their intent for doubt of Death because ils sont plus temis de raison de garder leur serment que de doubter mort ou aucune forfeiture one word comprehends all upon this subject in the first of Deuteronomy a Judge must not fear the face of man In the next place they are directed to be men of truth for the finding out whereof there are many incidents requisite as first Learning In the Parliament Rolls 17 E. 3. the Commons petition that none may be made Justices but men of Learning and King Alfred took great care in appointing and examining his Judges that they should be Learned as Asser Menevensis testifies and Bracton saith of an unlearned Judge ex alto corruit quia volare satagit antequam pennas assumat The Parliament have manifested their care for the choice of Learned persons to be Judges witness your self Mr. Serjeant and those reverend Brethren of yours whom you will find upon the Benches men able to understand and convince the subtleties of any arguments tending to obscure the truth and thus Judges ought to be qualified Industry is as requisite for the finding out of truth the burden of our profession growes the heavier when we are the less able to bear it a Judge is more conversant with his Books and more spent with travail and attendance upon the affairs of others in his old Age than was required of him when a young Student Oportet Judicem cuncta rimari Patience is also necessary for the finding out of truth when the Judgment is clouded with passion the truth will not be clearly discerned the digest directs a Judge not to give opprobriosa verba to any in Judgment no impertinences importunities clamours nor reproaches must move him he is to learn from the unbeseemingness and intemperances of others passions the better how to govern his own He must also be patient in allowing sufficient time both for that which is not material as for that which is the distinction is not easy but by the discretion and ingenuity of Councel ' The Law of Henry 1. in Lambert 186. saith ipsi co-agentes frequenter interrogandi sunt an amplius dicere velint an inde judicari quia multa per surreptionem eveniunt the words of our Judgments are significant to this purpose and shew the patience of your predecessors visis plenius intellectis maturà deliberatione habit◠consideratum est This was of so high esteem among the Romans that Cicero affirms Sola Judicis justitia est patentia and surely that Judge doth seldom determine justly that doth not hear patiently Advice is very requisite for knowing the truth and it hath been the custom of the reverend Judges in doubtful Cases to have the opinion and advice of their Brethren according to that direction 1 E. 3. fol. 11. where one Judge tells his Companion that he should not begin a new thing until he had heard his fellows 7 H. 6. a Judge of the the Common-Pleas sent into the Hall to know the opinion of the Judges of the Kings Bench and of the Barons of the Exchequer in a Cause then before him In the Raign of E. 2. and upwards when any difficulty was then all the Judges and Sages of the Law determined it and their Assembly and resolution was entred in the Roll. In the great Case of the Quare Impedit between the King and the Prior of Worcester concerning an appropriation the record saith ad quem diem c. examinatis
to my observations upon the words of your Writ which I shall take in order as they are 1. Quia de Advisamento Concilii nostri c. These words are in the Writs of Creation of Peers and in the Summons of them both Spiritual and Temporal and of the Judges and Kings Council to the Parliament and in your Writs but in no other except upon some high and weighty occasions touching the publick safety and the like And for your greater Honour this Council by advice of which you are called to this degree is the great Council of the Kingdom The Next words in your Writ are Ordinavimus vos c. in the plural Number in the second person which is an Enalage of Number chiefly to express Excellency in the Person to whom it is referred Selden in his Titles of Honour f. 121. showeth the use of it in the Jewish Nation and in France Spain Germany and other Countries and always is in dignity of the party to whom applyed and the stile of the Chancery is so only to the Peers the Judges the Kings Council and to Sergeants Therefore 29 E. 3. f. 44. In a Quare Impedit the Writ was Precipite and excepted against as false Latin but Thorp said it was not false Latin but the plural Number only to express Reverence to the person the other answered that no such reverence is done to a Sheriff and for this the Writ was abated The next words in your Writ are ad Statum c. which sheweth dignity and honour given to them The Author of the Manuscript formerly cited by me allows the Sergeants but little state where he saith they kept their Pillars at Pauls where their Clients might find them as if they did little better than Emendicare panem This was somewhat far from Westminster-Hall and as far from truth being grounded upon a mistake of one of their Ceremonies of State where they went to Pauls to Offer A Manuscript of the Call of Fitz James and other Sergeants 11 H. 8. saith that their Steward brought every one of them to a several Pillar in Pauls and there left them a time for their private Devotions no Convenient time for Clients In the Register a Writ of Ex gravi Querela mentions a devise to a Priest to say Mass at a Pillar in Pauls and I believe most of us both in this and other great Churches have seen old people kneeling at the Pillars in their private prayers Our old English Poet Chaucer whom I think not unproper to cite being one of the greatest Clerks and Wits of his time had a better Opinion of the state of a Sergeant as he expresseth in his Prologue of the Sergeant A Sergeant at Law wary and wise That oft had bin at the pervise There was also full of rich Excellence Discreet he was and of great Reverence And in his description of the Franklyn he saith of him At Sessions there was he Lord and Sire Full oft had he bin Knight of the Shire A Sheriff had he bin and a Countor Was no where such a worthy Vavasor A Countor was a Sergeant and a Vavasour was the next in degree to a Baron We find in many of our Year-Books especially in E. 3's time that they were joyned with Knights in Assizes Trials of Challenges c. 38 H. 6. f. 31. Prisot saith to the Sergeants they would have no worship by such an Act c. and that word was given to the Lords in those days By the Statute 12 R. 2. c. 10. the same priviledge which is given to the Judges for absence from the Sessions is given also to the Sergeants 34 Hen. 6. Brook Nosme 5. saith that serviens adlegem est nosme de dignity comme Chivalier and it is character indelebilis no accession of honour or Office or remotion from them takes away this dignity but he remains a Sergeant still Their Robes and Officers their bounty in-giving Rings their Feasts which Fortescue saith were coronationis instar and continued antiently seven days and as Holingshed notes Kings and Queens were often present at them and all their Ceremonies and Solemnities in their Creation do sufficiently express the state due unto them The next words in your Writ are Et gradum c. This is a degree of such eminency that the professours of Law in no Nation are honoured with the like with such Solemnities and state as I have before mentioned and by Mandate under the publick Seal of the Common-wealth I find indeed in the preface to the Digest several appellations given to the Students of that Law that they called them Dupondios or Justinianeos and when of further standing Papinianistas When they had proceeded further they called them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and lastly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the title and degree of Doctour of the Laws I acknowledge to merit very much of respect and honour as to the degree and persons honoured with it But such state and degree as this of Sergeants at Law is not among the Municipal Lawyers of any other Nation though all kingdoms have their Municipal Laws and Lawyers as well as we Degrees are rewards of study and learning Nec enim Virtutem amplectimur ipsam Praemia si tollas They are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a spur to-virtue and witnesses of learning And since Gentle-men you have already obtained that depth in your profession as renders you capable of this degree that resolution of all true lovers of learning is worthy of you 1. To say Senesco discens proceed in your Studies still Your predecessors for their learning have been often advised with by the Judges as appears in our Books and by the Parliament as may be seen in the Rolls thereof 2. By this degree you become Chief Advocates of the Common Law an attribute given by Fortescue who was a Sergeant and Chief Justice and Lord Chancellour It imports no less than all antiquity hath appropriated unto Sergeants at Law the practice of that great and Universal Court where all that concerns Meum tuum the inheritances and property of all the people of England are heard and determined This degree Ordaining you to be Chief Advocates the duty of whom pertains to you to be performed and may not be declined by you I hold it not impertinent to mention something to you of the duties of an Advocate which are some of them to the Courts and some to Clients To the Courts of Justice he owes reverence they being the high Tribunals of Law of which Doctor and Student and the Statute Marlebridge saith omnes tam Majores quam Minores justitiam recipiant and therefore great respect and reverence is due to them from all persons and more from Advocates than from any others 2. An Advocate owes to the Court a just and true information the zeal of his Clients cause as it must not transport him to irreverence so it must not mislead him to untruths in his information of the
Court of Justice sate in the afternoon and heard proofs to the Impeachment the King was brought from Windsor to St. James's in Order to his Tryal The General Councel of the Army met and the draught of the agreement of the People was subscribed by many of them and Sir Hardress Waller and sixteen other Officers were appointed to present it to morrow to the House of Commons Information of a Vessel taken by Colonel Russel Governour of Guernsey and Captain Burley in her A Petition from North-Wales to the Councel of the Army complying with their Remonstrance c. for which the Councel gave them thanks The two Lords Commissioners of the Seal still refused to joyn in signing Warrants for Writs to adjourn the Term whereupon Sir Tho. Widdrington and Mr. Whitelock went to the Speaker and acquainted him with all passages and their intentions in this business to procure an Act of the House of Commons to command Sir Thomas Widdrington and Mr. Whitelock to sign Warrants without the Lords for Writs to adjourn the Term and to draw an Act for that purpose the Speaker approved of this way and offered that he would present the Act to the House for this purpose 20. Lieutenant General Hammond and divers chief Officers of the Army presented to the House in the name of all the Army from the General Council of the Army a Petition and a Writing concluded on by them intituled an Agreement of the People of England desiring a serious and speedy consideration thereof by the House The Petition was read but not the Writing it being long and the House having resolved to rise at twelve a Clock in regard the Commissioners for Tryal of the King were to sit in the afternoon yet they returned to the Officers this answer and Ordered That the thanks of the House should be given to these Officers for their particular and great services to the Kingdom and that they be desired to return the hearty thanks of the House to his Excellency the Lord General and all the Army for all their unwearied and gallant services to the Nation And that the Petition with this answer should be forthwith printed and published that the Kingdom might take notice of the Union and affection between the Parliament and Army and for the Agreement and Declaration they should be taken into speedy and serious consideration Upon a conference betwixt the King and Mr. Hugh Peters and the King desiring that one of his own Chaplains might be permitted to come to him for his satisfaction in some scruples of conscience Doctor Juxon Bishop of London was Ordered to go to his Majesty Order that the Commoners Commissioners of the Great Seal should issue forth Writs for adjourning of the Term though the Lords Commissioners did not joyn with them The High Court of Justice sate in the place in Westminster-Hall made for them the President had the Sword and Mace carryed before him and twenty Gentlemen attended as his guard with Partizans commanded by Colonel Fox After an O yes and silence made The Act of the Commons of England for sitting of the Court was read and the Court was called sixty of the Members appeared The King was brought from St James's to White-Hall and from thence by Water guarded with Musquetiers in Boats to Sir Robert Cottons House near Westminster-Hall and from thence to the Bar of the Court attended by Colonel Hacker with about thirty Officers and Gentlemen with Halberts At his coming to the Foot of the stairs he was met with the Mace of the Court and conducted to a chair within the Bar where he sate down in the Face of the Court they all being covered as well as his Majesty The Lord President in a short speech acquainted the King with the cause of his bringing thither in Order to his Tryal upon a charge against him by the Commons of England which was then to be read and his Majesty to give his answer thereunto The King Offered to speak before reading of the Charge but upon some interruption was silent and the Charge was read By which he was charged in the name of Charles Stuart King of England as Guilty of all the Blood that had been shed at Kenton Brainford Newbury and other places where he had been present in Arms against the Parliament and other particulars very large The King smiled at the reading of his Charge and after it was read demanded of the President by what lawful Authority he was brought thither and being answered in the name of the Commons of England He replyed he saw no Lords there which should make a Parliament including the King and urged that the Kingdom of England was hereditary and not successive and that he should betray his trust if he acknowledged or made answer to them for that be was not convinced that they were a lawful Authority After he had been often demanded to answer and refused he was remanded to Sir Robert Cottons House and thence to St. James's and the High Court adjourned and kept a Fast together at White-Hall Sir Thomas Widdrington seemed to scruple the signing of Warrants without the Lords for adjourning of the Term. 22. The Commissioners of Scotland delivered some Papers to the House and declared that Scotland had an undoubted interest in the person of the King that he was not delivered to the English Commissioners at New-Castle for the ruine of his person but for a speedier settlement of the Peace of his Kingdom That they extream'y dissent and declare against the Tryal of him and that this present way of proceeding against him leaves a deep impression on them and sits heavy on all their Spirits in regard of the great miseries that are like to ensue upon the Kingdoms And they moved for leave of the House to make their personal Addresses to the King The House referred it to a Committee to draw up an answer to the Parliament of Scotland This Declaration with some Papers from the Parliament of Scotland were likewise presented by their Commissioners to the Lord General A Letter to the General from the Officers before Pontefract Castle concurring in the Action of trying the King secluding the Members of Parliament who carried on corrupt designs and acknowledging the present proceedings of the Army to be the work of God alone The High Court of Justice sate and the King was again brought to the Bar. Mr. Coke Sollicitor General moved That whereas the Prisoner had refused to make answer to the Charge against him that now he might be directed to make a positive answer either by way of confession or negation which if he shall refuse to do that the matter of the Charge may be taken pro confesso and the Court may proceed according to Justice The President then required the King to answer to the Charge against him by the Commons of England of High Treason c. The King confessed
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
need of it nor of Cloaths more than to cover nakedness That they will not defend themselves by Arms but will submit unto Authority and wait till the promised opportunity be offered which they conceive to be at hand And that as their Fore-fathers lived in Tents so it would be suitable to their condition now to live in the same with more to the like effect While they were before the General they stood with their Hats on and being demanded the reason thereof they said because he was but their fellow Creature being asked the meaning of that place Give honour to whom honour is due they said their mouths should be stopped that gave them that offence This was set down the more largely because it was the beginning of the appearance of this opinion and that we might the better understand and avoid these weak perswasions The Council of the Army after a solemn seeking of God by prayer cast Lots which Regiments of the old Army should go for Ireland there were fourteen Regiments of Horse and fourteen of Foot of the established Army which came to the Lot And it being resolved that four Regiments of Horse and four of Foot should go upon the service ten Blanks and four Papers with Ireland writ in them were put into a Hat and being all shuffled together were drawn out by a Child who gave to an Officer of each Regiment in the Lot the Lot of that Regiment and being in this impartial and inoffensive way no Regiment could take exceptions at it The Regiments whose Lot it fell to go were of Horse Iretons Scroopes Hortons and Lamberts of Foot Ewers Cooks Hewsons and Deans Several troops of Dragoons and all the Officers whose Regiments were to go expressed much forwardness Letters from the Hague that the Swedish Ambassadour there saluted the King of Scotland and condoled the death of his Father and that he and the Danish Ambassadour invited the States to joyn with them in assisting the King of Scots to gain his birth-right 21. Monies charged upon the Excise Ordered to be taken off from that Receipt and charged upon Deans and Chapters Lands Order that the Speaker be Authorised from Time to Time to Sign such Letters as should be agreed on by the Council of State to be sent to the States of the United Provinces The General sent an Order for Major General Laughern Colonel Poyer and Colonel Powell to draw Lots which of them should die the other two to be spared their lives In two of the Lots was written Life given by God the third Lot was a Blank the Prisoners were not willing to draw their own destiny but a Child drew the Lots and gave them and the Lot fell to Colonel Poyer to die The Commissioners sate in Chancery by seven a Clock in the Morning and heard many motions because two of the Motion daies in this Term were disappointed by the Fast-days After the Motions they heard eleven Causes then they rose 23. An Act recommitted for setting the Poor People to work and punishing Vagrants The Act for punishing Criminal matters by the Court of Admiralty passed The Act passed for repealing the former Act for observation of a Monthly Fast and requiring such to be kept as Fast-days which should be appointed by special order of Parliament Licence given for the French Ambassadour to transport eight Horses and eight Mares Custom Free The Amendments passed to the Act for Sale of Deans and Chapters Lands and Rowland Wilson Esq was Voted one of the Trustees Vote for one hundred pounds per annum for Mounsieur du Moulin out of the twenty thousand pound per annum for Augmentation to Ministers Some hundreds of Women attended the House with a Petition on the behalf of Lilburn and the rest it was reproachful and almost Scolding and much to the same effect with former Petitions for them An Act passed to authorise the Court of Admiralty to proced to Sentence in divers causes notwithstanding prohibitions to the contrary Colonel Popham one of the Admirals was out at Sea with one Squadron of Ships Colonel Blake and Colonel Dean the other two Admirals were with another Squadron in the Downs A petition to the General and Officers of the Army for poor Prisoners for debt to be released A Flemish Ship bound for Ireland was taken with sixty Field Officers and one hundred other Officers Cavaliers Letters from Scotland that the Levies of Souldiers there go on apace that divers new Insurrections were in that Kingdom that their new King was unwilling to put away Montross from him The Council of State wrote to Major General Ashton to disband Captain Bambers Troop by force and to secure the Officers of it because they had disobeyed the Orders of the Council and taken Free-quarter 24. Upon a Petition from Kendal referred to the Council of State to consider of Convoys for Merchants Ships and to send to Hamburgh and other parts for Corn to be imported A Petition from Colonel Poyers wife for sparing her Husbands life laid aside The Women were again at the House with a Petition in the behalf of Lilburn and the rest but could not get it received Orders for six Commissioners of the Customs and about other Officers of the Customs The King put off his answer to the Scots Commissioners with him at the Hague telling them he was to receive the Sacrament keep a day of Humiliation and entertain several Foreign Ambassadours and until these things were over he desired to be excused The Prince Elector gave the King a Visit had a Chair set for him was desired to put on his Hat and parted friendly from the King who sent the Lord Treasurer Cottington and the Lord Keeper in his name afterwards to give the Prince Elector a Visit 25. Upon a Letter from the Earl of Northumberland the House Voted That the Lady Elizabeth one of the late Kings Children should not have leave to go beyond Seas That the Kings Children should not be put under the tuition of any Member of Parliament That Sir Edward Harrington should be intrusted with them That three thousand pound per annum be allowed to him for their maintenance The forms of the new Coyn were agreed on by the House to be thus On the one side to be the Arms of England and a Laurel and a Palm on each side with this inscription about it The Commonwealth of England On the other side of the Coyn to be the Arms of England and Ireland with this inscription God with Vs Order that the Attorney General bring in Indentures and an Act for establishing this form of Coyn. The Women Petitioners again attended at the door of the House for an answer to their Petition concerning Lilburn and the rest The House sent them this answer by the Sergeant That the Matter they petitioned about was of an higher concernment than they understood that the House
that Parliament in the Margent Parliamentum Indoctorum The Parliament of unlearned Men. Speed in his History sayeth That this Parliament was called the lack learning Parliament either for the unlearnedness of the Persons or for their Malice unto Learning But God hath blest this Nation with such an Age of learned men at this present that former times knew not and we must acknowledge that though the House should lack all their Members who are Lawyers yet the rest are of so great Abilities that there would be no lack of Learning Yet Sir I am sure that the Addition of those many learned Gentlemen of our Profession hath been and will be some help in your Affairs and will not be despised by any prudent Men. The worthy Gentleman was pleased isâ—ghtly to call them Gownmen who had not undergone the dangers and hardships that martial men had done And truely it might less become the Gentleman that said it than others to make that Observation if it had been so The antient Romans were Souldiers though Gownmen nor doth that Gown abate either a mans Courage or his Wisdom or render him less capable of using a Sword when the Laws are silent or you command it You all know this to be true by the great Services performed by Lieutenant General Jones and Commissary Ireton and many of the Members and other Lawyers who putting off their Gowns when you required it have served you stoutly and successfully as Souldiers and undergone almost as many and as great Dangers and Hardships as the Gentleman who so much undervalues all of them But we are now speaking of their Right to be chosen and to sit as Members of the Parliament which doubtless is as much and the same with all other the Commoners of England The Historian last mentioned sayeth That the Commons of England who have liberty in the choice of their Knights and Burgesses would not be debarred thereof by the Ordinance of E. 3. nor by the Clause of Nolumus inserted in the Writ by H. 4. But have made a constant choice of some of them to sewe for them in all Parliaments The L. Cook 4. Instit p. 48. holds That the Ordinance 46. E. 3. by the general Words of 5. R. 2. Stat. 2. C. 4. and 7. H. 4. C. 15. was repealed However we read not of any Parliament except that unhappy one 6. H. 4. in which the Lawyers were excluded and after not a few considerable Services both Civil and Military performed by some of them for you it was somewhat an ungrateful Motion now to have excluded them We may lay aside the Clause of Nolumus least other Clauses of Nolumus which we find in the Writs of Summons do come as near home to others Sometime Clauses were inserted in the Writs for Election of Commoners to this purpose Nolumus autem quod aliquis de Retinentia Domini nostri Regis aliqualiter sit electus We will not that any of the Retinue of our Lord the King in any wise be chosen Though Sir I acknowledge that worthy Gentle-man and many others who have been the Kings Servants and Courtiers have been very faithful to you and done you acceptable Services and so some of them have done in former Parliaments and I hope you all do think so Yet the undervaluing of our Profession to be Members of Parliament hath less strength coming from such Gentlemen than from others because of them some from abroad will be apt to say though scandalously That Courters and Kings Servants used to sit in Parliament rather to promote their Masters ends than their Countries Rights but such Objections are now out of Doors The like Passage with this we are now debating is related in the Roman Story when the Law Cincia was made whereby it was provided That for pleading of Causes no man should take either Money or Gift and this Law was endeavoured upon the like-Grounds to be set on Foot presently after the Death of Tiberius Caesar But when some alleadged That this would cause the want of Councellors and Advocates whereby the Poor would be oppressed by the Rich and Mighty That Eloquence did not come by chance or gratis without Study and Labour That the care of a mans own Family was neglected whil'st he attended other Mens Affaires That some maintained their Life by War some by tilling the Earth yet no man laboured in those Callings or to attain Knowledge but for the Comodity arising thereby That the meanest of the People endeavoured what they could to better their Estates and that if the Reward of Studies should be taken away Studies also would decay as having neither Glory nor Honour Vpon these reasons the Senate thought it not just and I hope this Senate will be of the same Judgment to take away the Honorarium of Advocates but limited the same to 1000 Sesterces which some compute to about 781. of our Money Neither sayeth Tacitus Aunal l. 11. did that Law continue or gaine compliance to it Neither do I think that such a Law amongst us would be to any Effect or have any Compliance to it But I hope this honourable English Senate and that worthy Gentleman a Member of it will be satisfyed with the Reasons given in the Roman Senate who were very Wise Men and not trouble themselves about such new Laws which will be ineffectual prejudicial to many and good to none But the Gentleman Objected and it is much urged in these times against the Profession of the Law and the Professors of it that they are the Occasion of multiplicity of Suits and of delayes in them and therefore after the Example of some Forraign Countries not to be permitted I have observed to you before that those in Power have most reason to be displeased with this Profession as a Bridle to their Power but that the Profession occasions multiplicity of Suits is as improbable as any other of his Reasons or his Arguments Mr. Speaker the reason of the multiplicity of Suits and Law Causes amongst us is the greatness of our Trade which causeth a multitude of Contracts and those occasion a multitude of Law-Suits In those Countries mentioned by that worthy Gentleman there is not one of his Profession one Merchant nor one Contract for a hundred in England that is the Cause that they have so few Law-Suits and we so many And give me leave Sir to tell him that in the Netherlands and Countries where there is much Trade there are proportionably as many Law Suits as there are in England Another Ground of what I affirm is that in Forraign Countries every Mans Estate is disposed of by their Law after a certain Rule and Proportion which the Possessor cannot either by Conveyance or by his Testament afterwards alter As when one dyes his Estate is thus divided by the Law his Wife hath a part set out for her the Eldest Son hath a double Portion and all the other Sons have equal Portions and every two Daughters have as
though not in name That the Ministers about Exon and Taunton refused to observe the Thanksgiving-Day for the Victory in Scotland 12 Letters Of great Vollies of small Shot and great Shot from South-Sea-Castle and the Ships in the Road upon the Thanksgiving-Day for the Victory in Scotland and of much kindness between the Civil and Military Officers 14 Letters that a Party of the Army surprized one of the Out Guards of Edenburgh Castle and the Enemy fled into the Castle leaving 300 Muskets behind them That the next day upon a Search in Edenburgh they found a good Quantity of Arms and Ammunition That the â—eneral went on with his mining and approaches to the Castle which was well stored with Provisions and Ammunitions and had of late been very lavish of their Powder to little purpose That they took some Boats and one Ship of the Scots That two Ships were come with Cheese for their Supply and 1000 of the Sick and wounded Souldiers were come back to Leith That divers of the Scots come to hear the Ministers of the Army and seem to be much converted by them and offer to be imployed by the General That their King is discontented at the late carriage of their Clergy who preached at their Fast That their late overthrow was their too much complying with the King That he sent to Orkney to have Ships ready there for his going away if he should find cause to depart Scotland That a Frigot of the Parliaments called the Liberty with 50 brass Guns was cast away by carrying too much Sail upon the Sands betwixt Harwich and Yarmouth Road. 15 An Act passed for Sale of the Mannors of Rectories and Glebelands late belonging to the Archbishops Bishops Deans and Chapters Letters that 10 of the Parliaments Ships about five Leagues off the shore of Lisbon met with 23 of the Portugese Brazile Fleet burnt three of them and as is supposed took 11 of them with 8000 Chests of Sugar and other rich Goods in them and the rest being smaller Ships in the fight got into Lisbon That the King of Portugal hearing of this came down in Person and caused Prince Rupert and his Fleet being eighteen in all to go out to regain the Brazile Ships which they did but the Parliaments Fleet were drawn off That the Duke of York was come to the Hague 16 Letters of the refractoriness of Ministets in several places and their refusing to observe the day of Thanksgiving for the Victory of Scotland 17 Letters of the breaking out of the Plague at Barnstable Letters of great difference between the Kirk and the King And that the Lords side with the King and divers Commanders with the Kirk who proceed to purge the Kings Houshold That the Earl of Cleveland was to depart Scotland for refusing to take the Covenant That most of the Cavaliers went to Holland being the place of their refuge and greatest security which they most hated before That none are allowed a Residence in Scotland but the Duke of Bucks the L. Newburgh and Sir James Levinston 18 Letters that three strong Castles near Limerick were surrendred to Sir Hardress Waller upon Quarter and taken in to prevent Interruption to the Armies besieging Lymerick and then he sate down again before the City That the Dragon Frigot sunk a great Ship of the Enemies near Lymerick loaden with treasure and took another loaden with Hides and tallow worth 3000 l. That the Sickness increased again at Cork and other places That C. Hewson marched out of Dublin with a strong Party and the Lord Deputy was gone before Lymerick That the Plague increased in Shrewstury That the Fairfax and other Frigots came into Pendennis Harbour hearing that there was an insurrection in those parts but found it otherwise and returned to Sea That the Minister and Major of Northampton refused to observe the Thanksgiving day saying It was a sin to do it That the Roman-Catholick and the Royal Presbyterian were both built upon one politick foundation supported with one private Interest 19 Letters that the Parliaments Fleet were in pursuit of Prince Ruperts Fleet. That the Governours of the Castles near Lymerick lately taken in by Sir Hardress Waller were the chief Actors in the ruine of his Estate Letters that the King is gone away from St. Johns Town but the Kirk sent after him and brought him back again That all their Forces except 500 were removed from Sterling to St. Johns Town That the General and Officers were often in Prayer together That the Governour of Edenburgh Castle was very high and the Clergy with him very desperate That the Ceneral went on with his Mining That the Scots Army are full of Factions one are those whom the Scots laboured to remove out of the Army as Sectaries another Faction is the Old Malignants who would be revenged for the death of Montross and other Malignants others are against the Kirk others are the New Malignants That David Leslys men plunder ravish and kill the Country People and put to death some of them for refusing to serve in the Army 22 An Act passed concerning Corn and Meal An Additional Act passed for the more speedy effecting the Sale of the Mannors of Rectories Gleablands c. Referred to the Lord Major and the Militia of London c. to return the names of such Ministers as refused to observe the Thanksgiving day for the Victory in Scotland Order for the several Committees to tender the Ingagement to the Inhabitants of several Parishes and to return the names of the Subscribers to the Lords Commissioners of the great Seal The like for Stewards of Leets The like for the Lord Major and Militia of London in every Parish to return the Subscribers to the Lords Commissioners Referred to the Lords Commissioners of the Great Seal to call before them all the Judges and to take order with them That none of the Army now in Scotland receive any prejudice in any cause wherein they may be concerned during the next Term and their absence in Scotland Referred to the Councel of State to regulate the several Militias for the best ease and â—afty of the Nation Order touching the Proceedings at Law and how to regulate them with most ease and delay to the People Divers City Regiments and of Middlesex of the trained Bands under M. G. Harrison C. Tichborn and C. Barksted and others to the number of 8000 mustered in Hide Park where the Speaker and Members of Parliament met them and were received with great Shouts and Vollies of great and small Shot 23 Letters that Captain Mildmay took the Roe-buck one of the revolted Ships with 55 men in her That the Ministers about Plymouth pray and preach against the prosperous Successes of the Parliament 24 Letters that the Army with ten days Provision was marched Westward towards Glascow That the King being brought back from his intended Journey Northwards by a Troop of Horse was guarded
and in the same sence are used in the Customary That which puts it further out of scruple is that there are yet extant the Manuscripts themselves of the Saxon Laws made in the Parliamentary Councels held by them here which are in the Language and Character of those times and contain in them many of those things which are in the Norman Customary It is no improbable Opinion that there was a former establishment of our Laws in Normandy before the time of H. 1. and that it was by Edward the Confessor who as all Writers of our History agree was a great Collector and Compiler of our English Laws He lived a long time with his Kinsman Duke William in Normandy who was willing to please the Confessor in hopes to be appointed by him to be his Successor wherein the Dukes expectation did not fail him The Confessor having no Children and finding Normandy without a setled Government and wanting Laws advised with his Kinsman Duke William to receive from him the Laws of England which he had collected and to establish them in Normandy which Duke William and his Lords readily accepted for the Good of their People and thereby obliged the Confessor Another Proof hereof is That such Laws as the Normans had before the time of D. William were different from those in the Customary and from the English Laws As their Law that the Husband should be hanged if the Wife were a Thief and he did not discover it The meaner People were as Slaves and the like and the trial of Theft by Ordeil which then was not in England Wigorniensis reports That the Normans who came in with Queen Emma the Wife of Ethelred were so hated of the English for their Injustice and false Judgment that in the time of King Canutus they were for this cause banished and it is the less probable that they being so unjust themselves should introduce so just Laws as ours are Between the Conquest of Normandy by Rollo and the Invasion of England by Duke William there were not above 160 Years that of Normandy was about An. 912. that of England An. 1060. It is not then consonant to reason That those Normans Pagans a rough Martial People descended from so many barbarous Nations should in the time of 150 Years establish such excellent Laws among themselves and so different from the French Laws among whom they were and all parts in the World except England And such Laws which were not onely fit for their Dukedom and small Territory but fit also for this Kingdom which in those dayes was the second in Europe for antiquity and worth by confession of most Forreign Historians If we will give Credit to their own Authors this Point will be sufficiently evinced by them these words are in the Proheme of the Customary which is titled Descriptio Normanniae Hucusque Normannicae consuetudinis latorem sive datorem Sanctum Edvardum Angliae regem c. The same is witnessed by Chronica Chronicorum That St. Edward King of England gave the Laws to the Normans when he was long harboured there And that he made both the Laws of England and Normandy appears sufficiently by the conformity of them for which he cites several particulars as of Appeals and the Custom of England ad probandum aliquid per credentiam duodecem hominum Vicinorum which he sayeth remained in Normandy to that day Polydore forgetting himself what he wrote in another place sayeth of King Henry the Seventh That when a doubt was made upon the Proposal of Marriage of his Daughter to Scotland that thereby England night in time be subject unto Scotland The King answered No and that England as the greater will draw it to Scotland being the less and incorporate it to the Laws of England as sayeth the Historian it did Normandy though the Owner thereof was Conquere in England And Sir Roger Owen in his Manuscript affirms That there is not any of our Historians that lived in the space of 200 Years immediately after the Conquest which doth describe our Laws to be taken away and the Norman Custome introduced by the Conquerour Some of them and not improbably mention the alteration of some part of them and the bringing in some Norman Customes effectual for the keeping of the Peace There is yet behind the great Argument most insisted on and often urged by the Gentlemen of another Opinion which is the Title of William who is called the Conquerour from whence they conclude That by his Conquest he changed the Laws and Government of this Nation and that his Successors reckon the beginning of their Reigns from his Conquest To this is answered that â posse ad esse non valet argumentum the conquering of the Land is one thing the introducing of new Laws is another thing but there is direct Proof to the contrary of this Argument Duke William never surnamed himself the Conquerour nor was so called in his life time as may appear by all the Letters Patents and Deeds that he made wherein he is called Gulielmus Rex Dux c. never Conquestor and our antient Historians give him the same Titles and not that of Conquerour In the Title of Nubrigensis's Book he is surnamed William the Bastard Malmsbury calls him W. 1. Hoveden W. the Elder Adam de Monmouth sayeth That 1. E. 3. this word Conquest was found out to denote and distinguish the certain Edward because two of the same name were Predecessors to this King and to the Conquerour who claimed the Crown as Heir to Edward the Confessor but saith he we call him the Conquerour for that he overcame Harold Duke William himself claimed to be King of England as Successor and adopted Heir of the Confessor by his Will and Harolds renouncing of his Title by Oath The Register of St. Albans Math. Paris and others attest that the Barons of England did homage to him as Successor and he relyed on them in his Forreign Wars and the check given to him by the Kentish men and the Forces gathered by the Abbot of St. Albans brought him to ingage to confirm the Laws of the Confessor and as his Successor by legal right they admitted him to be their King Volaterus writes That he was made Heir to the Confessor and was Vncle to him Another affirms That Edward by his Will left England to him Paulus Aemilius and Fulgasius are to the same purpose Pope Alexander the Second sent him a Banner as witness that with a safe Conscience he mighe expel Harold the Tyrant because the Crown was due to him by the Confessors Will and by Harolds Oath Agreeable hereunto are Gemiticensis Walsingham Malmsbury Huntington Ingulphus Paris Pike Wendover Caxton Gisborn and others The antient Deeds of the Abby of Westminster which were sometimes in my Custody do prove this King William in his Charter to them sets forth his own Title to the Crown thus Beneficio Concessionis Cognati mei gloriosi Regis Edvardi In his
are more sensible of the money which oft makes the Case than of the Justice of the Cause which they never or seldom take to heart A general and great Grievance also Papal imposition of Titheâ— fitter for a Levitical or Romish Priesthood than for Ministers of the New-Testament to whom it proves either a snare or Scandal hardening of people and hindring the power and success of the Ministers Eating out part of the sweet and benefit of other mens Labours secretly impoverishing and discouraging the endeavour of the Husbandman They pray ease of these pressures That we may have justice given not bought Courts of Justice in all Counties so established and maintained at the publick Charge that all matters of meum tuum may be heard and determined free yet by a written Law Clerks of all Courts and Committees may do their Duties without wicked delays or taking any thing above their set Pension that Justice every where may come down like a mighty Stream free for the poorest to resort unto too strong for the richest to divert And that the hand of the Labourer may be strengthened to his work every man reaping what he Sows and not another Every one eating the Fruit of his own Vineyard with joy and gladness of Heart praising the Lord. And a more honourable way of maintenance ordered for the Ministry which easily might be effected The Parliament told the Petitioners that some of the Particulars mentioned in their Petition were already under the consideration of the House and gave the Petitioners thanks for their good Affections Letters That Collonel Venables went out with a Party 30 miles into the Enemies Countrey in Ireland and brought away 400 Cows That Galloway was upon Overtures of a Treaty That the Sheriffs in Scotland sent in their Deputies to the English Commissioners very slowly who ordered That they send in their Deputies by a day and sent for Argyle to come in to them 28. Letters That the Parliaments Forces landed in Orkney were civilly entertained by the Inhabitants That the Declaration of the Commissioners of England for nulling Kingly Power and Prerogative Courts of Justice was proclaimed at the Market-Cross of Dundee by beat of Drum and sound of Trumpet and the Magistrates of the Town attended all the time March 1651. 1. The Act of General Pardon and Oblivion was published with the Exceptions and Qualifications therein Letters That the Meetings with the English Commissioners at Dalkeith by the Deputies of the Shires were at an end That some of the Deputies especially from the Boroughs had two Commissions one signed to please the Ministers that nothing be done prejudicial to the Covenant the other full and ample to do all things conducible for the setling of the Nation That several of the Great ones are in much perplexity what to do and press their Tenants for a years Rent before-hand The English Commissioners made a further Declaration That whereas the Deputies of Shires and Boroughs have consented to the Proposals made to them from the Parliament of England The Commissioners declare That those Shires and Boroughs are taken into the special Protection of the Parliament of England and all Officers and Soldiers and others are commanded not to injure them but they are to have all favour and inconragement in the Union with the Common-wealth of England The Deputy-Governour published a Proclamation against Butchers ingrossing of Provisions to sell again in the Town of Lieth 2. An Act passed for the better discovery of Thieves and that the respective Sheriffs shall pay 10 l. to every one that shall apprehend such Thieves An offence of Collonel Gill in matter of doubling and reproaching the Parliament was confessed by him and his offence pardoned Report from the Committee of the Credentials and Oration of the Agent from the Hans Towns and particular Credentials from the Town of Hamburgh to the same Person the House referred to the Council of State to treat with the Agent and report to the House Report of the Transactions of the Council with the Ambassador of the King of Spain 3. The Committee for regulating the Law proceeded in that Business and had great Debates but little done in it 4. The Committee appointed by the Council of State to treat with the Agent of the Hans Towns attended that Business the Agent was a discreet sober Person and spake good Latin 5. A Petition to the Committee for regulating the Law for Fines upon Copyholds to be made certain c. Letters That the Deputies of the Shires and Boroughs to the Parliaments Commissioners come in very uncertain A Placart of the States of the United Provinces of their stopping Ships going out of their Harbours and their Intentions to set forth a strong Fleet the next Summer for their Fishing 6. The Adventures for Ireland made several Propositions to the Committee of Parliament and assented to their Proceedings and sent in 2 d. in the Pound for incident Charges 8. Advice touching the settlement of Affairs in Ireland 9. Papers from the Dutch Ambassadors Credentials to the Agent of the King of Denmark An Act for the better settlement of the Affairs of the Admiralty and Navy General Blake continued General of the Seas for Nine Months 10. Letters That notwithstanding the Parliaments Declaration yet the Kirk Judicatories proceed as formerly and are very high against the Parliament of England and their Army and Mr. Cant perswades his Auditory to prepare for Sufferings and presseth the Covenant and that when Parents bring their Children to be Baptized he causeth them to engage to bring them up in the Covenant A Letter written to the Lord of Drum by direction from the Presbytery of Aberdeen That they were resolved to excommunicate him unless he submit to them and rescind his Appeal He is exhorted to prevent this dreadful and direful Judgment That Presbytery is the Lords Ordinance 1 Tim. 4. 14. That Religious Swearing is not only lawful but commanded and practised by God himself The Lord Drum in his Answer to this Letter saith to the Moderator That he expected from their severity to be excommunicated summarily for his Appeal to Collonel Overton That he can neither in point of Conscience nor Honour grant the Conditions they require and yet that he doth humbly submit himself to Gods Will. That many others have spoken more freely than he against the usurped Tyrannical Power and Supremacy of your Presbyterian Inquisition to which they impute the cause of all these miseries which have befallen this Nation Yet none are persecuted by you but I and my Family whereby it is notoriously known that the only cause of your unparallel'd severity against me is my Appellation to Collonel Overton wherein I imitated St. Paul who did appeal from the Cruelty of the Pharisees to Caesar a civil Judge and no Christian Which I have the more reason to do seeing I found all your Questions to be matters of your own invention which yet
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
Parliament and given signal Testimony of their good Affections thereunto shall be disabled and be uncapable to be Elected or to give any Vote in the Election of any Members to serve in the next Parliament or in the three succeeding Triennial Parliaments XV. That all such who have advised assisted or abetted the Rebellion of Ireland shall be disabled and uncapable for ever to be Elected or to give any Vote in the Election of any Member to serve in Parliament as also all such who do or shall profess the Roman Catholick Religion XVI That all Votes and Elections given or made contrary or not according to these Qualifications shall be null and void And if any person who is hereby made uncapable shall give his Vote for Election of Members to serve in Parliament such person shall lose and forfeit one full years value of his real estate and one full third part of his personal estate one moity thereof to the Lord Protector and the other moity to him or them who shall sue for the same XVII That the persons who shall be Elected to serve in Parliament shall be such and no other then such as are persons of known Integrity fearing God and of good conversation and being of the age of One and twenty years XVIII That all and every person and persons seized or possessed to his own use of any Estate real or personal to the value of Two hundred pounds and not within the aforesaid Exceptions shall be capable to Elect Members to serve in Parliament for Counties XIX That the Chancellor Keeper or Commissioners of the Great Seal shall be sworn before they enter into their Offices truly and faithfully to issue forth and send abroad Writs of Summons to Parliaments at the times and in the manner before exprest And in case of neglect or failer to issue and send abroad Writs accordingly he or they shall for every such offence be guilty of High Treason and suffer the pains and penalties thereof XX. That in case Writs be not issued out as is before exprest but that there be a neglect therein fifteen days after the time wherein the same ought to be issued out by the Chancellor Keeper or Commissioners of the Great Seal that then the Parliament shall as often as such failer shall happen assemble and be held at Westminster in the usual place at the times prefixt in manner and by the means hereafter expressed That is to say That the Sheriffs of the several and respective Counties Sherievedoms Cities Boroughs and places aforesaid within England Wales Scotland and Ireland the Chancellor Masters and Scholars of the Vniversity of Oxford and Cambridge and the Mayor and Bayliffs of the Borough of Berwick upon Tweed and other the places aforesaid respectively shall at the several Courts and places to be appointed as aforesaid within Thirty days after the said Fifteen days cause such Members to be chosen for their said several and respective Counties Sherievedoms Vniversities Cities Boroughs and places aforesaid by such persons and in such manner as if several and respective Writs of Summons to Parliament under the Great Seal had issued and been awarded according to the Tenor abovesaid That if the Sheriff or other persons authorized shall neglect his or their duty herein That all and every such Sheriff and person authorized as aforesaid so neglecting his or their duty shall for every such offence be guilty of High Treason and shall suffer the pains and penalties thereof XXI That the Clerk called The Clerk of the Common-wealth in Chancery for the time being and all others who shall afterwards execute that Office to whom the Returns shall be made shall for the next Parliament and the two succeeding Triennial Parliaments the next day after such Return certifie the Names of the several persons so returned and of the places for which he and they were chosen respectively unto the Council who shall peruse the said Returns and examine whether the persons so Elected and Returned be such as is agreeable to the Qualifications and not disabled to be Elected And that every person and persons being so duly Elected and being approved of by the major part of the Council to be persons not disabled but qualified as aforesaid shall be esteemed a Member of Parliament and be admitted to sit in Parliament and not otherwise XXII That the persons chosen and assembled in manner aforesaid or any Sixty of them shall be and be deemed the Parliament of England Scotland and Ireland and the Supream Legislative Power to be and reside in the Lord Protector and such Parliament in manner herein exprest XXIII That the Lord Protector with the advice of the major part of the Council shall at any other time than is before exprest when the necessities of the State shall require it summon Parliaments in manner before exprest which shall not be Adjourned Prorogued or Dissolved without their own consent during the first three Months of their Sitting And in case of future War with any Foreign State a Parliament shall be forthwith Summoned for their Advice concerning the same XXIV That all Bills agreed unto by the Parliament shall be presented to the Lord Protector for his consent and in case he shall not give his consent thereto within twenty days after they shall be presented to him or give satisfaction to the Parliament within the time limited That then upon Declaration of the Parliament That the Lord Protector hath not consented nor given Satisfaction such Bills shall pass into and become Laws although he shall not give his consent thereunto provided such Bills contain nothing in them contrary to the matters contained in these Presents XXV That Philip Lord Viscount Lisle Charles Fleet-wood Esquire John Lambert Esquire Sir Gilbert Pickering Baronet Sir Charles Wolseley Baronet Sir Anthony Ashley-Cooper Bar. Edward Montague Esq John Desborough Esq Walter Strickland Esq Henry Lawrence Esq William Sydenham Esq Philip Jones Esq Richard Major Esq Francis Rous Philip Skipton Esqs or any Seven of them shall be a Council for the purposes exprest in this Writing and upon the Death or other removal of any of them the Parliament shall nominate Six persons of Ability Integrity and fearing God for every one that is dead or removed out of which the major part of the Council shall Elect two and present them to the Lord Protector of which he shall Elect one And in case the Parliament shall not nominate within Twenty days after notice given unto them thereof the major part of the Council shall nominate Three as aforesaid to the Lord Protector who out of them shall supply the vacancy And until this choice be made the remaining part of the Council shall execute as fully in all things as if their number were full and in case of corruption or other miscarriage in any of the Council in their Trust the Parliament shall appoint Seven of their numbers and the Council Six who together with the Lord Chancellor Lord Keeper or
original of our Parliament They have inferior and ordinary Courts of Justice not unlike to ours in many particulars The King hath a great power and the Senators under him and by them the Affairs of the State are managed Though their Government have great affinity with ours yet the People do not enjoy the like Rights and Liberties as Blessed be God we do in England They are in more subjection to the Will of their Lords and their Lords to the Will of their Superiors though they have more power over their Tenants and nearer Neighbors than the English have Their Laws are clear and few nor are they covetous to multiply them which they hold an Error in Government and cause of Contention nor do they allow Debates in Council of any other matters than what are proposed to them from the King The paucity of Law-suits amongst them is because of the distribution of Estates by a Rule of Law to all Children or Heirs upon the death of every Ancestor so that they have seldom a Question upon any Will or Conveyance And by reason of the smalness of their Trade their Contracts are few and Consequently their Law Suits nor will they afford Maintenance for a Profession of Lawyers or large Sallaries for Officers in general their Government is Wise Just and Peaceable Their Religion is punctually Lutheran both in Doctrine and Discipline and they are so Severe in it that they will hardly admit a Papist or Calvinist to live among them except in some few Places where they permit Calvinists to reside for Trades-Sake They have a Liturgy much to the same Effect in Words and Ceremonies with that which was in the English Church nor will they part with any of the Responsals Ceremonies and Rites extracted out of the Mass-Book or with the Images in their Churches though so little different from those used in the Church of Rome Their Bishops and Superintendants who have the same Power have the like Jurisdiction in Ecclesiastical but not in Temporal Matters as the English Prelates had so have their Inferiour as they also call them Spiritual Courts and Judicatories They allow but slender Maintenance to their Clergy their Metropolitan Archbishop of Vpsale hath not above two thousand Rix Dollars which is not five hundred Pound of Yearly Revenue and one hundred Rix Dollars per annum is an Extraordinary Benefice Their Diocesses and Parishes are very large and Sermons are a rarity in them but the Liturgy must not be omitted every Sunday and on their many Holydaies They have a good way upon every Avoydance to Supply their Churches the Inhabitants of every Parish where their Minister dyed or is removed do meet and Choose three Deacons whom they present to the Bishop or Superintendant who Chooseth one of the three and Ordains him a Priest and Institutes him into the Benefice that is void Their strength is confiderable both at Land and at Sea at Land it consists chiefly in the Bodies of their Men and in their Arms and Fortifications Their Men are strong and the more Enured to hardship by the Coldness of their Climate and to War by their frequent Expeditions abroad and they want no Courage nor Obedience to their Superiours Their Arms are made at Home as Good and Useful as any Country hath they want not Materials of Copper Steel and Iron both for their greater and smaller Guns and Swords and have Skilful Workmen and store of Powder Their Fortifications are not many except in Frontier Towns and Havens some whereof are strongly and regularly Fortified fully Garrison'd and provided with Copper great Guns upon their Works They have a standing Militia of fifty thousand Men twelve thousand Horse and thirty eight thousand Foot and all these maintained at a very small Charge to the Crown and with no Burden to the Country whereof I shall be ready to give you a particular Account when you shall command it These may be drawn together in ten days and out of these they write forth Souldiers upon any Foreign Design which Designation is wholly left to the respective Landlords and gives them no small awe and subjection from their Tenants Their strength by Sea surpasseth their Neighbours they have many Ships which carry eighty and some one hundred Copper Guns well and substantially built but not after our excellent way of Frigots nor so Nimble at Tacking or Fighting or the Chase as our Men of War They are not inferiour in their strength at Sea to any Prince or State in these Parts except the English and our Neighbours the Netherlands the greatest defect and want in their Naval Force is as to the Number of their Ships and Marriners For their Trade it is not great but they take a course dayly to improve it they understand better than they did formerly the Conveniencies and Advantages they have of Timber for Masts and building of their Ships of Iron to fit them of Copper for their Guns of the cheapness and plenty of Pitch and Tar necessary for them and to be had in their own Country and sufficient Cordage near them with their good Harbours on both sides the Baltique Sea and at Gottenburgh They are sensible that the increase of Trade increaseth their Marriners and Shipping which increaseth their Trade and not only their Merchants but their great Men engage in a way of Trade for the Incouragement of it and finding the Sweetness and Profit in it They already send Ships and Plant in the West-Indies and have began a Trade with their Native Commodities to most parts where Trade is to be had and will in a short time become considerable for Trade and the more by the plenty of their Copper Iron Deal Pitch and Tarr which now they Export themselves and know how necessary they are for other Nations and how profitable it is for them to be their own Merchants I have thus shortly and weakly given you Information of what I Learned upon the place touching this Nation of the Swedes and Goths in relation to themselves Give me leave Sir now to Acquaint you with what I observed concerning them as they may have Relation to an Alliance with this Common-wealth and to conclude with an Account in General of my Negotiation there and with the respects I met with to this Nation both from them and others whilst I was abroad I look upon them as a Nation in a perfect distance and Scituation to be the best Friends and Allies to you they are neither so near to us as to cause Jealousies from us nor so far distant but that they may give a timely Assistance to us They profess the same Protestant Religion with us in the Fundamentals they agree with us and in their Aversness to Popery and the Hierarchy of Rome and are the more likely to keep a firmer Union with us There is great similitude between their Manners Laws Language and Disposition of the People and the English and the like Gallantry of their Gentry and
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
of no Laws but from him then all the Right Priviledges and Estates we have are enjoyed by his Mercy only without the Execution of Laws no man hath more right to Lands or Goods than another nor is any mans Life under any security if another be stronger than he So that Cromwel owns and professes that the Bread that every man eats is by his mercy and if his Power was without limit as he says until he had put some bounds then 't is of his grace and favour only that all English-men have now a seeming Right in their Wives Children Servants Lives and Estates if his own limits of his Power gives any such right and if he please to throw away or burn by the hand of the Hang-man his limit in his Paper of Government who can controll him he may do what he list with things of his own making 't is the old English Proverb He that can bind can loose and he may do what he list also with the Authority of Parliaments if it be as he says of his own giving Now wherein doth a Patroons Power over his purchased Slave exceed this which Cromwel owns over us The Patroon can but give the Slave his Laws his Cloathes his Meat his Life and all those Cromwel owns to have given to us only he speaks it in such Language as sounds not so harshly Now after the Expence of so much precious Christian Blood for the setling the Rights and Liberties due unto us as Men and Christians when he that was trusted with an Army for that purpose hath so unworthily betrayed his Trust spilt innocent Blood like Water falcified all his Declarations Promises Protestations and Oathes and assumed to himself such a Dominion over our Country as is Destructive unto all Right and Liberty and renders us and our Posteritys Slaves to him and his Successors with the Payment of a Fifth or there abouts of our Estates certain in Taxes to be Intailed upon our Posterities besides other burthens we appeal to the conscience of every honest Man whether a present necessity and an incumbent duty be not upon us to Arm our selves in defence of our Ancient Laws and dearest Birth-rights against the present Imposter and Vsurper and we hope most of the present Army have not extinguished their love to their Countrys freedom although Cromwells hypocritical Professions Prayers and Tears have much deluded them but that they will readily concur with us and other honest English-men in our present attempt by Force of Armes to Redeem our Country out of the Vsurpers bonds and to seek those righteous ends which we do hereby Declare to be those for which we now hazard our Lives and with which we shall rest satisfied and return to our homes in Peace and they are those following viz. 1. That all assumed and Vsurped Powers and Authorities over our Countrey may be utterly Abolished 2. That the Government may be setled upon a just Basis with due bounds and limits to every Magistrate 3. That the ancient Liberties of England setled by Magna Charta the Petition of Right and other Laws may be secured inviolably That no Mans Person may be Molested Imprisoned Restrained or touched without a Legal Cause shewn in the Warrant whereby he is molested or restrained and that also in a due Course of the Laws known Proceedings without Conntermands from the will of any man whereas now mens Persons are troubled and restrained at will and destroyed by long Imprisonments no man knows for what And also that no Mans Estate may be liable to any disposal or prejudice but by the known Laws of the Land and the lawful Judgment of his equals 4. That free Successive Parliaments may be setled with times of their beginning and ending and with their ancient Power and Priviledges And that the Jurisdictive Power which Parliaments have taken upon them to Exercise in these times of War Distraction by taking upon them the Judgment of particular Causes concerning Mens Persons and Estates sometimes by their Committees and sometimes by themselves contrary to the known Proceedings of the Law that such Power we say may be Declared against and Provision made against the same that thereby Parliaments may be free from the temptations of Profit Friendship and all private Interests by which only they can be corrupted 5. That the Militia of the Nation may be so disposed that no man may be able to be Master of Parliaments and also that secure Provision may be made that no Parliament shall make it self perpetual and inslave the people to them And that such a settlement may be made of Right and Freedom and these our ends obtained and a peace firmly established we know no means under God but a truly free Parliament Now for the Defence of these our Rights and Liberties we are resolved to expose our Lives to the utmost hazards and we shall neither wrong nor oppose any man who doth not joyn himself to the present Vsurper to destroy or prevent these our Righteous ends and though we have reason to believe that no person fearing God or of Conscience Honour or Reason can satisfie himself to shed our innocent blood for seeking these things yet however we shall commit our selves and our just Caus to the tuâ—tion of the rightcous God and hope in his mercy that our endeavours may procure Justice Freedome Peace and Settlement unto this distracted Nation Many who viewed this Declaration knew there was too much of Truth in it and had not the Design been nipt in the Bud and timely Discovered and Prevented it might have caused some disturbance to the Protector and to the Peace of the New-Government but by the Commitment of the Chief Conspirators their Plot was crushed and the Peace not interrupted Divers wondred most that Wildman and others of his Party who had served the Parliament should now joyn in this Design with those of the Kings Party but they alledged the strengthening of themselves and their Power afterwards to suppress the Cavaliers or any other who should oppose their Ends but divers suspected their Designs at the bottom of it to intend the bringing in of the King because they conclude in their Declaration for a truly free Parliament which was the way for the Kings Restauration and that began now to be held fit and requisite by many sober and faithful Patriots who were distasted at the private Ambition of some and their Domineering and feared the Faction daily increasing that would prevent a firm Settlement of our Peace The Protector was jealous of many of his former Friends to be this way inclin'd and of Whitelock in particular which was thought one main reason of his sending him out of the way to Swedland and of his not taking him in to be of his Council March 1654. The Protector and his Counsel were very busie in framing New Ordinances to please the People Amongst them they had one in Consideration for regulating the Proceedings in Chancery which caused
what he had privately said to my Lord Protector The Lord Fiennes said That we were tied up to Insist as we did upon the Treaty and If his Excellency had proposed any thing to his Highness by way of Expedient that he might be pleased to speak with him again about it and he hoped that a good Issue would come of it There was also Debate at this time concerning Passes The Ambassadour saying That he observed nothing to be mentioned of them in that which was read The Lord Fiennes said That the Council had had it in debate and did find much difficulty to agree upon a Form of Passes But that the same would be lyable to be counterfeited and much prejudice thereby to England especially in this time of our War with Spain That they had thought of another way which they desired might be propounded to his Excellency that the Commissioners which were to be appointed for restitution of Damages might also be Impowred that when any Ship were brought in to Examine whether she had any prohibited Goods or not and if any Injury or Damage were done to the Party so brought in that those Commissioners should have power forthwith to award Restitution and Satisfaction out of his Estate that did the wrong and If he had not Estate sufficient then the Commonwealth to make Satisfaction and not to have proceedings in the Admiralty Court but only in matters of Law or of great difficulty and this was apprehended to be the best way for avoiding deceits in counterfeiting Passes and colouring of prohibited Goods and the readiest means to obtain Satisfaction where any Injury should be done The Ambassadour said That the Lord Whitelock knew it was much Insisted upon at Upsale that there should be Passes and the Form should have been agreed upon within 4. Months That it was Impossible to avoid former Wrongs and such usage as had been heretofore without Passes and that altho some might counterfeit hands yet they could not counterfeit Seals and If any were taken that did counterfeit let them be hanged and for Commissioners they could not tell how to judge but by the Passes and they must have Rules to go by The Lord Fiennes said That there were many that could counterfeit Seals as well as Hands and that the Seal of the Council it self here had been counterfeited that he believed after some few Examples made for bringing in Ships without cause and sound damages given that very few would be troubled nor any adventure but upon Just ground to hinder any Ship in her Voyage and that some Commissioners might Reside at Dover and another Sett of them at Plimouth and so in convenient Ports in the King of Sweden's Dominions That no Ship should be brought far out of her Way and have a speedy dispatch and three Commissioners being English and three other Swedes there could be no doubt but that Justice would be done to each Party Whitelock acknowledged That the Passes were much Insisted upon at Upsale and that he was very glad he had not there agreed upon a form seeing the Council here did find it so difficult a matter That he was there acquainted with many Complaints against the proceedings in the Court of Admiralty here and that he thought no way better to prevent the like Complaints hereafter than by having such Commissioners of both parts as was mentioned by the Lord Fiennes Strickland said That if we agreed to Passes for the Swedes Ships that the Dutch would Expect the like and that would bring great Inconveniences to this Nation Mnr. Coyett said That It would be Impossible to preserve Terms of Amity and to prevent doing of Injuries unless Passes were agreed upon and that it was so with other Nations and he did not comprehend the Inconveniences of it The Ambassadour said That the Case was not the same to the Dutch as to the Swede because these were the Native Commodities of the King his Masters Territories as Cloth was of England and that the Dutch had little store of any Commodities of their own Countrey That there had been too much cause of Complaint against the proceedings in the Admiralty Court of England and he thought that such Commissioners might be some means to prevent the like cause of Complaints for the future That he desired a Copy of those Articles now debated and If they pleased that he might have it in Latin which he would consider of and return a more particular Answer at the next meeting This was promised to be sent unto him within a day or two and after some discourses upon other parts of the Articles as concerning Levies of Souldiers and Hiring of Ships of War and of their Resort into each others Ports and some other Particulars wherein there was not much debate nor disagreement but only upon the great Questions which is before at large related The Commissioners came away To his Highness the Lord Protector of England Scotland and Ireland The Humble Petition of Jacob Momma of London Merchant THat your Petitioner not above 9. Months last past hath used the Trade by himself and his Agents of making Lattin Wyer and Black Lattin of all sorts out of Coppar a Trade of much advantage to this Commonwealth whereby many Hundreds of poor People may be set on work and the Brass which is tinned out of the Coppar by melting is increased above a third part in weight exceeding the Coppar out of which it is made The Improvement whereof is very useful in this Nation for casting of Ordnance But so it is may it please your Highness That your Petitioner beginning his said Trade The King of Sweden out of whose Dominions the Coppar is brought for Encouragment of the Makers of Brass Lattin Wyer and all sorts of Black Lattin and for Keeping the Management of that Trade within his own Country hath lately raised his Customs there upon Coppar from thence Exported from 7 s. to about 27 s. sterling per hundred weight whereas not above 3 s. sterling per hundred weight is paid there for Lattin Wyer and all sorts of Black Lattin thence Exported which will not only be the destruction of your Petitioner's said Trade but also the ruine of several Families which have dependance on your Petitioner in the managing thereof If some speedy Remedy be not taken therein Now for that your Petitioner ' s said Trade is chiefly carried on by the use of a Native Commodity called Callamy without which Coppar cannot be turned into Brass which is altogether otherwise useless And that the said Callamy may prove a Staple Commodity in this Common-Wealth which will never be wanting therein His humble Suit therefore is That Your Highness would please to be a Means that the Custome upon all sorts of Black Lattin and Lattin Wyer Imported from any Parts into this Common-wealth may be rays'd as in your Highness's Wisdom shall be thought most fit and proportionable to the late raised rates in Sweden upon Coppar Exported thence