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
to endeavour to the last gasp the peace of the Kingdom So Sirs I do wish with all my Soul and I do hope there is some here that will carry it further that they may endeavour the peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in a way first you are out of the way for certainly all the way you ever have had yet as I could find by any thing is in the way of conquest Certainly this is an ill way for Conquest Sirs in my opinion is never just except there be a good just cause either for matter of wrong or just title and then if you go beyond it the first quarrel that you have to it that makes it unjust at the end that was just at first But if it be only matter of Conquest then it is a great robbery as a Pyrate said to Alexander that he was a great robber he was but a petty robber and so Sirs do I think the way that you are in is much out of the way Now Sirs to put you in the way believe it you will never do right nor God will never prosper you until you give him his due the King his due that is my Successours and the People their due I am as much for them as any of you can be You must give God his due by regulating rightly his Church according to his Scripture which is now out of order for to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when that every opinion is freely and clearly heard For the King indeed I will not then turning to a Gentleman that touched the Axe he said hurt not the Axe that may hurt me For the King the Laws of the Land will clearly instruct you for that therefore because it concerns my own particular I only give you a touch of it For the People and truely I desire their liberty and freedom as much as any Body whomsoever but I must tell you that their liberty and their freedom consists in having of Government those Laws by which their life and their goods may be most their own It is not for having Share in Government Sirs that is nothing pertaining to them a subject and a Soveraign are clean different things and therefore until they do that I mean that you do put the People in that liberty as I say certainly they will never enjoy themselves Sirs it was for this that now I am come here if I would have given way to an arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your Charge that I am the Martyr of the People In troth Sirs I shall not hold you much longer for I will only say this to you that in troth I could have desired some little time longer because that I would have put this that I have said in a little more order and a little better digested it than I have done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are best for the good of the Kingdom and your own Salvation Then D r Juxon spake Will your Majesty though it may be very well known your Majesties affections to Religion yet it may be expected that you should say somewhat for the worlds satisfaction K. I thank you very heartily my Lord for that I had almost forgotten it In troth Sirs my conscience in Religion I think is very well known to the world and therefore I declare before you all that I dye a Christian according to the profession of the Church of England as I found it left me by my Fathers and this honest man I think will witness it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gracious God I will say no more Then turning to Colonel Hacker he said take care that they do not put me to Pain and Sir this and it please you Then a Gentleman coming near the Axe the King said Take heâ—d of the Axe pray take heed of the Axe Then he said to the Executioner I shall say but very short Prayers and then thrust out my hands Two men in disguises and vizors stood upon the Scaffold for Executioners Then the King called to D r Juxon for his Night-cap and having put it on he said to the Executioner does my Hair trouble you he desired it might all be put under the cap which the King did accordingly by the help of the Executioner and the Bishop Then the King turning to D r Juxon said I have a good cause and a gracious God on my side D r Juxon There is but one stage more this stage is turbulent and troublesome it is a short one but you may consider it will soon carry you a very great way it will carry you from Earth to Heaven and there you shall find a great deal of Cordial joy and comfort King I go from a corruptible to an incorruptible Crown where no disturbance can be D r Juxon You are exchanged from a temporal to an eternal Crown a good exchange Then the King took off his cloak and his George which he gave to Dr. Juxon saying Remember some other small ceremonies were past after which the King stooping down laid his Neck upon the block and after a very little pause stretching forth his hands the Executioner at one blow severed his head from his Body Then his Body was put in a Coffin covered with black Velvet and removed to his lodging Chamber in White-hall At this scene were many sighs and weeping Eyes and divers strove to dip their handkerchiefs in his Blood The House sate early and the Dutch Ambassadors having sent them a transcript of their Ambassy in English it took up much time in the reading and was referred to a Committee to draw up the answer to it An Act past to prohibit any to proclaim the Prince of Wales or any other to be King or chief Magistrate of England or Ireland without consent of Parliament on pain of High Treason Some imperfect Copies of the proceedings at the Tryal of the King being printed the House referred it to the High Court to draw up a Narrative of those proceedings to be confirmed by the House The Act forbidding the proclaiming of any King was Ordered to be sent down to all the Sheriffs to be proclaimed in all Counties Duke Hamilton and the Lord Loughborough escaped out of Windsor-Castle 31. Between three and four a clock this morning Letters came from Windsor to Lieutenant General Cromwell of the escape of Duke Hamilton and his man the last Night Warrants were presently issued forth and five hundred pound promised
to it in that Action of D. Hamilton which was by order and authority from the Parliament of that Kingdom and so the Act of the whole Nation by their Representatives And if they now give us too much cause of suspicion that they intend another Invasion upon us joyning with their King with whom they have made a full agreement without the Assent or Privity of this Commonwealth and are very busie at this present in raising Forces and Money to carry on their Design If these things are not a sufficient ground and Cause for us to endeavour to provide for the safty of our own Countrey and to prevent the miseries which an Invasion of the Scots would bring upon us I humbly submit it to your Excellencies Judgment That they have formerly invaded us and brought a War into the Bowels of our Countrey is known to all wherein God was pleased to bless us with Success against them and that they now intend a new Invasion upon us I do as really believe and have as good Intelligence of it as we can have of any thing that is not yet acted Therefore I say My Lord that upon these grounds I think we have a most just Cause to bogin or rather to return and requite their Hostility first begun upon us and thereby to free our Country if God shall be pleased to assist us and I doubt not but he will from the great misery and calamity of having an Army of Scots within our Countrey That there will be War between us I fear is unavoidable Your Excellency will soon determine whether it be better to have this War in the Bowels of another Country or of our own and that it will be in one of them I think it without Scruple Lord General It is probable there will be War between us but whether we should begin this War and be on the offensive part or only stand upon our own defence is that which I scruple And although they invaded us under D. Hamilton who pretended the Authority of the Parliament then sitting for it yet their succeeding Parliament disowned that Ingagement and punished some of the Promoters of it Whitelock Some of the principal men in that Ingagement of D. Hamiltons are now in great Favour and Imployment with them especially in their Army since raised and now almost ready to advance into England and I believe your Excellency will judge it more prudence for us who have an Army under your Command ready formed and experienced Souldiers whom God hath wonderfully prospered under your conduct to prevent their coming into England by visiting of them in their own Countrey Lord General If we were assured of their coming with their Army into England I confess it were prudence for us to prevent them and we are ready to advance into Scotland before they can march into England but what warrant have we to fall upon them unless we can be assured of their purpose to fall upon us Harrison I think under favour there cannot be greater assurance or humane probability of the intentions of any State than we have of theirs to invade our Countrey else what means their present Levyes of Men and Money and their quartering Souldiers upon our Borders it is not long since they did the like to us and we can hardly imagine what other design they can have to imploy their Forces Lord General Humane Probabilities are not sufficient grounds to make War upon a Neighbour Nation especially our Brethren of Scotland to whom we are ingaged in a solemn League and Covenant St. John But My Lord that League and Covenant was first broken by themselves and so dissolved as to us and the disowning of D. Hamiltons Action by their latter Parliament cannot acquit the Injury done to us before Cromwel I suppose your Excellency will be convinced of this clear truth that we are no longer oblieged by the League and Covenant which themselves did did first break Lord General I am to answer only for my own Conscience and what that yields unto as just and lawful I shall follow and what seems to me or what I doubt to be otherwise I must not do Whitelock Your Excellence is upon a very right ground and our business is to endeavour your Satisfaction in those doubts you make if we shall stay till they first invade us we shall suffer much misery to come among us which probably we may prevent by sending first to them and surely the Law of Nations if an Ally enter in an hostile manner into his Neighbour Nation contrary to the Allyance and be beaten out again that Nation thus invaded may law fully afterwards invade the other to requite the former wrongs done unto them But besides this we cannot but see their present preparations to be against us for they are in Amity with all others and their conjunction now with the Kings Party may plainly enough discover their Designes against this Commonwealth Lord General I can but say as I sayed before that every one must stand or fall by his own Conscience those who are satisfyed of the Juistce of this War may chearfully proceed in it those who scruple it as I confess I do cannot undertake any Service it in I acknowledge that which hath been said to carry much weight and reason with it and none can have more power upon me than this Committee nor none be more ready to serve the Parliament than my self in any thing wherein my Conscience shall be satisfyed in this it is not and therefore that I may be no hinderance to the Parliaments designs I shall willingly lay down my Commission that it may be in their hands to choose some worthier Person than my self and who may upon clear fatisfaction of his Conscience undertake this business wherein I desire to be excused Cromwel I am very sorry your Lordship should have thoughts of laying down your Commission by which God hath blest you in the performance of so many eminent Services for the Parliament I pray My Lord consider all your faithful Servants us who are Officers who have served under you and desire to serve under no other Gene. It would be a great discouragement to all of us and a great discouragement to the Affairs of the Parliament for our noble General to entertain any thoughts of laying down his Commission I hope your Lordship will never give so great an Advantage to the publick Enemy nor so much dishearten your Friends as to think of laying down your Commission Lambert If your Excellence should not receive so much satisfaction as to continue your Command in the Parliaments Service I am very fearful of the mischiefs which might ensue and the distraction in the pulick affairs by your laying down your Commission but I hope that which hath been offered unto you by this Committee upon your serious consideration will so far prevaile with your noble and pious disposition and with your Affection to this cause wherein we are so deeply
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
wherein consisted this more than in obtaining that Liberty from the Tyranny of the Bishops to all Species of Protestants to worship God according to their own Light and Consciences for want of which many of our Brethren forsook their Natives Countries to seek their Bread from Srangers and to live in Howling Wildernesses and for which also many that remained here were imprisoned and otherwise abused and made the scorn of the Nation Those that were sound in the Faith how proper was it for them to labour for Liberty for a just Liberty that men should not be trampled upon for their Consciences had not they laboured but lately under the weight of persecutions and was it fit for them to sit heavy upon others is it ingenuous to ask liberty and not to give it what greater Hypocrisie than for those who were Oppressed by the Bishops to become the greatest Oppressors themselves so soon as their yoke was removed I could wish that they who call for Liberty now also had not too much of that Spirit if the power were in their hands As for Prophane Persons Blasphemers such as preach Sedition the Contentious Railers Evil Speakers who seek by evil words to corrupt good manners persons of loose Conversations punishment from the Civil Magistrate ought to meet with them because if these pretend Conscience yet walking disordily and not according but contrary to the Gospel and even to natural light they are judged of all and their Sins being open makes them subjects of the Magistrates Sword who ought not to bear it in vain The Discipline of the Army was such that a man would not be suffered to remain there of whom we could take notice he was guilty of such Practices as these and therefore how happy would England have been and You and I if the Lord had led you on to have settled upon such good accounts as these are and to have discountenanced such practices as the other and left men in disputable things free to their own Consciences which was well provided for by the Government Liberty left to provide against what was apparently evil Judge you whether the contesting for things that were provided for by this Government hath been Profitable expence of time for the good of these Nations by means whereof you may see you have wholly elapsed your time and done just nothing I will say this to you in behalf of the long Parliament that had such an Expedient as this Government been proposed to them and that they could have seen the Cause of God thus provided for and had by Debates been enlightned in the grounds by which the Difficulties might have been cleered and the reason of the whole inforced the circumstances of Time and Persons with the Temper and Disposition of the People and Affairs both Abroad and at Home when it was undertaken well weighed as well as they were thought to love their Seats I think in my conscience that they would have proceeded in another manner than you have done and not have exposed things to those Difficulties and Hazards they now are at nor given occasion to leave the People so dissetled as now they are who I dare say in the soberest and most judicious part of them did expect not a Questioning but a doing things in persuance of the Government and if I be not mis informed very many of you came up with this Satisfaction having had time enough to weigh and consider the same And when I say such an Expedient as this Government is wherein I dare assert there is a just Liberty to the People of God and the Just Rights of the People in these Nations provided for I can put the issue thereof upon the Cleerest Reason whatsoever any go about to suggest to the Contrary But this not being the time and place of such an Averment for satisfaction sake herein enough is said in a Book entituled A True State of the Case of the Common-wealth c. published in Jan. 1653. And for my self I desire not to keep it an hour longer than I may preserve England in its Just Rights and may Protect the People of God in such a just Liberty of their Consciences as I have already mentioned And therefore if this Parliament have judged things to be otherwise than as I have stated them it had been huge Friendliness between persons that had such a Reciprocation and in so great Concernments to the publick for them to have convinced me in what particulars therein my errour lav of which I never yet had a word from you But if instead thereof your time has been spent in Setting up somewhat else upon another bottom than this stands that looks as if a laying grounds of a Quarrel had rather been designed than to give the People Settlement if it be thus it s well your Labours have not arrived to any maturity at all This Government called you hither the Constitution whereof being so limited A single Person and a Parliament and this was thought most agreeable to the General sense of the Nation having had experience enough by trial of other Conclusions judging this most likely avoid the extremes of Monarchy on the one hand and Democraty on the other and yet not to found Dominium in gratia And if so then certainly to make it more than a Noâ—ion it was requisite that it should be as it is in the Government which puts it upon a true and equal Ballance It has been already submitted to the Judicious honest People of this Nation whether the Ballance be not equal and what their Judgment is is Visible by Submission to it by acting upon it by restraining their Trustees from medling with it and it neither asks nor needs any better ratisication But when Trustees in Parliament shall by Experience find any evil in any parts of the Government referred by the Government it self to the Consideration of the Protector and Parliament of which time it self will be the best Discoverer how can it be reasonably imagined that a Person or Persons coming in by Election and standing under such Obligations and so limited and so necessitated by Oath to Govern for the Peoples good and to make their love under God the best under-propping and his best interest to him how can it I say be imagined that the present or succeding Protectors will refuse to agree to alter any such thing in the Government that may be found to be for the good of the People or to recede from any thing which he might be convinced casts the ballance too much to the single Person And although for the present the keeping up and having in His Power the Militia seems the most hard yet if it should be yielded up at such a time as this when there is as much need to keep this Cause by it which is most evident at this time impugned by at all the Enemies of it as there was to get it what would become of all or if it should not
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
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
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
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
greatly mistaken especially in their Censures not so proper for Historians nor becoming the Authors towards so knowing and active Princes Councils and Commanders as they are pleased frequently to judge and to condemn that they are not to be relyed on for they are much different from the truth of the proceedings of those honourable Actors in that War The Marquess of Hambleton sent Rea to the King of Sweden to offer his Assistance and that he would bring over Forces to him but some suspected the Marquess to have a deeper design under this pretence to begin to raise Forces to back his intended purpose of making himself King of Scotland But the Marquess being full of subtilty and in great favour with the King he wiped off all suspicion of himself goes on with raising of his Army and conducted it into Germany But so little care was taken of provisions and accommodations for his Men that they were brought into a sick and shatter'd condition so that they mouldred away in a short time and the Marquess was forced to return to England without gaining any great Renown by this action wherein he neither did Service to the King of Sweden nor to himself or to the Protestant Cause in Germany The Papists in Ireland grew into a great height Monasteries were there erected Papists frequented their publick Meetings and Masses with as much confidence and as often as the Protestants did their Churches and some of their Priests being apprehended by authority of the Governours were tumultuously rescued by the people of Dublin The Earl of Essex made a second adventure of Marriage with a Daughter of Sir William Pawlet who was of great Beauty but little Fortune some suspicion was raised touching her and a Divorce perswaded but she had at length a Child and the Earl her Husband owned it The Feoffees in trust for the buying in of Impropriations to be bestowed upon preaching Ministers were brought into the Exchequer for the breach of their trust and for bestowing Maintenance upon Nonconformists their Corporation was dissolved and their Money adjudged to the King Huntley before-mentioned being grievously censured in the High Commission Court and by them imprisoned brought his Action of false Imprisonment against the Keeper Mr. Barker and some of the Commissioners by name The Attorney General by the command of the King moved the King's Bench that the Commissioners might be spared and the proceedings to be only against the Gaoler upon much debate it was at last ordered that two of the Commissioners only should answer The Archbishop of Canterbury who did blow the Coal in this business and had ingaged the Commissioners in the Cause being first set on foot by himself in wrong courses did press the King by the Bishop of London to stay the Proceedings against the Commissioners The King sent his Advocate Dr. Rives to the Chief Justice requiring him that there should be no further proceeding in the Cause till he had spoken with him The Chief Justice answered We receive the Message but upon Consultation together the Judges conceived the Message not to stand with their Oaths commanding an indefinite stay of a Cause between Party and Party and might stop the course of Justice so long as the King would And they conceived the Doctor no fit Messenger all Messages from the King to them being usually by the Lord Keeper or the King's Attorney in Causes touching the course of Justice By the Courts desire the Chief Justice acquainted the Lord Keeper herewith and Bishop Laud and they both said the Message was mistaken and that the King intended to be in Town again within seven or eight days and then to speak with the Judges about it This Interpretation qualified the Message and the Lord Keeper feemed to agree that the Commissioners ought not to be exempted from answering but that there should be as much slowness in it as might stand with Justice otherwise the Commissioners would be weary of their places to be put to such trouble and charges Judge Whitelocke insisted on three Points 1. That it was against Law to Exempt or Privilege any man from answering the Action of another that would sue him 2. If the Court should Exempt any where should they begin and where should they end 3. That it stood with the King 's Monarchical Power that it might be lawful for any Subject to Complain before him of any other Subject and to be answered in that Complaint The High Commissinoners not contented with the Judges Answer herein caused the King to assume the Matter to himself who sent for the Judges and in the presence of the Lord Keeper and others Commanded the Judges not to put the Defendants to Answer This was at the Importunity of the Archbishop of Canterbury and the Bishop of London pressed the business violently on the behalf of the Commissioners At last they parted charged with the King 's Express Command that they should not put the Commissioners to answer and the Judges stoutly answered that they could not without breach of their Oaths perform that Command and so they parted in displeasure Afterwards by the King 's special Command this Matter was handled at the Council-table in presence of the Judges and after long debate and hearing of the Bishops of London and Winchester two of the Privy-council and of the Judges and King's Attorney it was agreed that the Commissioners should answer And by the stout carriage and honesty of the Judges this was a good and quiet end of an angry Cause Anno 1631. Anno 1631 Some of the Imprisoned Parliament-men upon their Petition were remov'd from the Prisons wherein they then were to other Prisons to prevent the danger of the Sickness then increasing Sir Miles Hobert put in Sureties for his good behaviour and so was discharged from his Imprisonment Sir John Walter died a grave and learned Judge he fell into the King's displeasure charged by his Majesty for dealing cautelously and not plainly with him in the business concerning the Parliament-men as if he had given his Opinion to the King privately one way and thereby brought him on the Stage and there left him and then was of another Judgment His Opinion was contrary to all the rest of the Judges That a Parliament-man for misdemeanour in the House criminally out of his Office and duty might be only imprisoned and not further proceeded against which seemed very strange to the other Judges because it could not appear whether the Party had committed an Offence unless he might be admitted to his Answer The King discharged him of his Service by Message yet he kept his place of chief Baron and would not leave it but by legal proceeding because his Patent of it was Quam diu se bene gesserit and it must be tryed whether he did bene se gerere or not He never sate in Court after the King forbad him yet held his place till he died The
Parliament is not necessary 3. That divers Acts have been made when the Bishops were present and did not consent as the Act of Conformity 1 Edw. 6. and of Supremacy 1 Eliz. 4. That in Parliament though the Bishops dissent in any matter yet the major part of the Barons agreeing it and the House of Commons concurring It shall pass as an Act because the Bishops Votes are over-ruled by the major Vote of the Barons 5. That the Bishops cannot sit in case of Blood in Judicature but they may sit to enact Laws yet not to give assent for execution of them in case of any Murder or Blood In his second Case he had this Point Whether any beneficed Clerk were capable of Temporal Jurisdiction at the time of making that Law To this he argued in the Negative 1. That the first Clergy-men that ever were made Justices of the Peace or had power in Temporal Jurisdiction were the Bishops of Durham and York 34 E. 3. nine years after this Act so not a Principio but a Tempore 2. That before the Statute of Conformity 1 Edw. 6. the Clergy were not put in Commission for Temporal Power and the reason of their being then admitted was to perswade the people to Conformity not to give Judgment against them 3. If in Conscience because of their spiritual Calling they hold it not fit for them to meddle in temporal Causes they may refuse In his third Case he had this Point Whether a Bishop without calling a Synod have power as Diocesan to Convict an Heretick To this he argued in the Negative That although by the bloody Statute of 2 H. 4. some supposed grounds may be raised for maintenance of that Authority yet it is not full and besides which is the main reason the Commons did not assent to the making of that Law For he said He had searched the Records and found that Act only past by consent of the Lords spiritual and temporal and the Commons not mentioned therein His Arguments being reported at Court he was commanded not to proceed in his Reading He repaired to the Lord Keeper with the Heads of his Arguments who said It was good Law but not seasonably delivered and that as he was prohibited by the King so he must have his Licence or else he could not proceed in his Reading and advised him to move the Archbishop Laud therein After the Reader had twice attended at Lambeth without admittance the third time he spake with the Archbishop who told him That he had fallen upon an unfit Subject and in an unseasonable time and that it would stick closer to him than he was aware of The Reader excused himself That he had chosen this Statute two years before and could not alter suddenly what he had before framed That the business about Bishops in another Kingdom did not concern this and that he had no ill Intentions The Archbishop answered That perhaps he had done better to have given it quite over at the first than to suffer by it as he was like to do The Reader replyed That what he had delivered was good Law and he was able to maintain it and would stand by it and hoped he need not to fear any man's power in regard his Cause was lawful and warrantable but he humbly desired his Majestie 's leave to finish what he had begun The Archbishop said His Majesty had otherwise resolved of it So the Reader came away and shortly after went out of Town accompanied with fourty or fifty Horse and in good credit with the Gentlemen of that Society Anno 1640. Car. 16 April 13 1640. The Parliament met when the Earl of Strafford was led into the Lords House by two Noblemen to take his place according to his Degree He gave an account to the House what he had done in Ireland having there obtained a Grant of the Parliament of Four Subsidies for the maintenance of ten thousand Foot and fifteen hundred Horse And it was urged by some as a good President for the Parliament of England The Lord Cottington reported in the Lords House That by the King's Command he and Secretary Windebank and the Attorney General had examined Lord Louden in the Tower touching the Letter of the Covenanters to the French King That Louden acknowledged the hand-writing to be his and that it was framed before the Pacification at Berwick to be in readiness but was never sent to that King And that it was supprest upon the Pacification The Lords nevertheless thought fit that Louden should be continued in the Tower until further Evidence either to convict or to clear him Glanvill who had engaged to be a better Servant to the King than formerly was now Speaker of the House of Commons and very active to promote his Majestie 's desires whereof he gave sufficient testimony and of the change of his former Opinion A Message was sent by the King to the Commons which was for Supplies representing to them the intollerable Indignities and Injuries wherewith the Scots had treated him and he declared that if the House of Commons would assist him suitable to the Exigency of his Occasions he would quit his claim of Ship-money and give them contentment in all their just Demands This Message did take much with the House the Speaker Sir John Wray and others cried it up yet they first insisted upon a Security in three Points 1. For clearing the Subjects Property 2. For establishing Religion 3. For the Privilege of Parliament Many Conferences were between the Lords and Commons and warm Debates in both Houses upon the old Question Which should precede the King's Supply or the Subjects Grievances In the debates Strafford was magnified for being a chief Instrument to bring on this Parliament at length the Lords after a strong division Voted for the King and the House of Commons for the Subjects But it was not long ere this difference was unhappily decided Secretary Vane who by the King's appointment was to make known the particulars of his Desires demanded Twelve Subsidies At which high and unreasonable Demand as some called it many of the House of Commons were greatly distasted and expressed themselves to that purpose yet were generally inclined to have given no usual or lean Gift the Gift of Six Subsidies Sir Henry Vane escaped not without his Censures That his Commission from the King was but to demand six Subsidies and that his mistake in requiring twelve Subsidies was industrious and on purpose to raise the House to animosity Which took effect but whether intended so or not is hard to judge The King advising with his Juncto the averseness of the House of Commons to any compliance with him and their sharp Debates upon the old score of Grievances was rendred to him so desperate that May 5th he ordered the Dissolution of that Parliament The Councel given to Dissolve this Parliament was greatly and generally disliked and the differences between the King and
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
committed many outrages and the next day he lay at Belvoir Castle and the next day at Stamford which was very suddain As they past along some Forces from Burleigh and Leicester fell upon their Rear took 80 horse 4 Colours divers Arms and about 20 prisoners of the L. St. Paul's Regiment The Van of the King's Army being as far as Huntington by Stilton a party under Captain Gibs and Captain Poe from Huntington skirmished with the Van killed divers and retreated to Huntington On Sunday last in the Afternoon the King's Forces entred Huntington after some resistance made at the Bridge by Captain Bennet with his Foot till he his Lieutenant and many of his men were slain the King's Souldiers miserably plundered the Town and the Counties of Bedford and Cambridge and took away their horses and goods Aug. 21. Sir Thomas Fairfax sat down before Bristol Colonel Ireton with a Brigade of four Regiments of Horse and Dragoons and 500 Foot quartered onthat side next Gloucester Sir Thomas Fairfax on the other side Prince Rupert made several attempts to escape out of Bristol with his horse but was beaten back with loss he fired Bedmister and some other Villages near Bristol and the whole Temple Street in the City his strength in the City was said to be 900 horse 2500 Foot and 1500 Auxiliaries the Prince disarmed divers of the Citizens Order that Sherbourne Castle should be demolished Massey with 2000 horse attended Goring's motions 26. A Petition of divers Citizens on the behalf of Lieutenant Colonel Lilburne shewing his former opposing of Tyranny and oppression and his late good Services desiring the causes of his commitment may be examined and maintenance allowed him The Speaker returned answer to the Petition That Lieutenant Colonel Lilburne was committed by order of the House and referred to a legal Tryal that the House did not approve of the time of presenting this Petition but in convenient time they would do further therein according to Justice that they had upon a former Petition from him allowed him 100 l. for his Subssistance Sir John Tyrrells composition of 600 l. approved and 500 l. of it ordered for the Garrison of Newport Paganell Supplies ordered for several Forces An Ordinance past for setling the Court of the Dutchy of Lancaster in the hands of the Lord Grey Speaker of the Lords House and of the Speaker Lenthall 27. The House sate and being informed of the plunderings by the King's Forces in their march in the associated Counties they ordered the Earl of Warwick to be General of that Association and forthwith to go thither and command the Forces for the security of those Counties Shrewbury Forces took in Linsell House and a 100 horse and armes there and the King's Forces quitted and fired Dowley Castle The Scots Forces finished three Mines at Hereford and intended a storm there 28. Letters from Sir Thomas Fairfax desired pay for his Army supplies for his Magazine and recruits for which the House made several Orders An Ordinance sent to the Lords for Elections in Eaton College as formerly and for their discharge from Taxes Order for 750 l. for M. G. Brown in part of his Arrears and a little to sweeten him Order for 4. pounds a week for Sir George Grelley out of his own Estate being sequestred The King gave several Allarums to Cambridge faced them with a party of horse and his Forces plundered the Country where they went laid great Taxes upon Towns to be paid presently and so they marched forwards Understanding that the Country were rising and some Forces from Cambridge coming against him he went to Wobourne where some of his straglers were taken his Forces plundered much in Bedfordshire and Hertfordshire and within 5 miles of S. Albans some skirmishes were between parties of them and of the Parliaments Forces under M. Cokaine and some killed and taken prisoners A Parliament Ship took a French Vessel bound for Excester and therein divers Letters of Consequence from the Queen to the King Four hundred and fifty Prisoners taken by M. G. Langherne took the Covenant to serve the Parliament against the Rebels in Ireland whither they were sent with supplies for Younghall 29. The Prisoners taken at Sherburne were sent up to London and Sir Lewis Dives and Sir John Strangeway's kneeling at the Barr were committed to the Tower for high Treason Orders for restraint of the abuses of Keepers in permitting the Parliaments prisoners to go abroad The King came to Oxford and many of his straglers were taken up by the horse of Alesbury and the Adjacent Counties Order for M. G. Brown to go down to his charge and for Mr. Dunch and Mr. Whitelocke to conferr with him about it 30. Debate concerning the Northern horse that mutinyed and Orders for their march Southwards and with other Forces to attend the King's motions Colonel Thornhaugh who brought the Letters from Sir Thomas Fairfax was called in and had the thanks of the House for his good services and two horses bestowed on him Order for a Day of Humiliation for praying a blessing on Scotland and on Sir Thomas Fairfax's Army and for Cessation of the Plague in both Kingdoms Orders touching Sequestrations and supplies for Forces in Leicester-shire and for disbanding some Forces raised in the Associated Counties upon the Allarum of the King 's coming thither September 1645. 1. Upon a Petition from the Militia of London the House ordered that the Committee of the Militia at the Savoy should execute the Warrants of the Militia of London upon the Ordinance for searching for Delinquents and Papists and turning them out of the lines of Communication and should be saved harmless therein by the House They also took care for the payment of the Arrears to the Waggoners of Sir James Harrington's Brigade Orders for Writs for New Elections in several places And that none who had taken up Arms against the Parliament should be capable to be chosen a member of Parliament Orders for pay for the Garrison of Leicester and for a Collection for the poor in that Town and County Order for the Committee of the three Counties to sign a Warrant to their Treasurer for a fortnights pay for Reformadoes Intelligence came that the Clubmen of Gloucester and Somerset-shire have expressed good affection to Sir Thomas Fairfax's Army That Somerset-shire raised 2000 men who joyned with a party of Sir Thomas Fairfax's Army and they took the strong Fort of Ports-head-point and in it 6 peices of Ordnance a Demy Culverin and 200 Arms and that 36 of the Garrison had terms to go to their houses the rest were run away before one of the terms was an Oath never to bear Arms against the Parliament That the Parliament Forces seized upon a Ship in Avon with 12 peices of Ordnance 50 prisoners and store of Ammunition That Sir Bernard Ashley and Colonel Daniell riding out of the works at Bristol to see the
peices of Ordnance Provisions for a Year and store of Arms they gave the messenger of this news twenty pounds Letters informed of the storming and taking the outworks of Chester wherein Colonel Jones who commanded the Parliaments horse with Captain Louthan who commanded the Foot drew off over night and fell on the next morning early and stormed before they were discovered The messenger had ten pounds for the good news The Scots pursued their Victory against Montrosse and blocked him up in Duglas Castle they took and killed between two and three thousand men and took a Book wherein were the names of all such as intended to come in to them and thereby were all discovered Debate of the business of the Church The House being informed of an intended Petition for establishing Presbytery as the Discipline of Jesus Christ they voted it to be scandalous 25. Upon a Petition from some Cheshire-men Sir William Brereton was appointed to command the Forces which he formerly commanded for four months longer and ordered money for those Forces Order That none shall sit as Committee-men who have been against the Parliament till the House allow it Serjeant Glanvil disabled to be a member of the House for his Delinquency Votes for several high Sheriffs Glamorganshire-men declared themselves for the Parliament and took in Cardiffe Castle sixteen peices of Ordnance store of Arms and Ammunition The King came to Ludlowe in order to releive Chester and M. G. Pointz followed him 26. Prince Charles sent a Letter to Sir Thomas Fairfax for a pass for the Lord Culpepper and Lord Hopton to go to the King to advise him to comply with the Parliament the Letter was sent by Sir Thomas Fairfax to the Lords they Communicated it to the Commons Colonel Devereux took in Lacocke House in Wiltshire upon conditions Letters from M. G. Langherne informed that he had cleared Pembroke-shire for the Parliament and he desired supplies of men and moneys for which order was given and the House gave to him the Estate of Mr. Barlowe a Delinquent Order for the Ministers the next Lord's day to give thanks to God for the good success of the Parliaments Forces in Pembroke-shire at the Devizes and Lacocke-house Debate of the business of the Church 27. Care for money for the Scots Army A Report of the causes of their withdrawing from Hereford Montrosse's success in Scotland and other eminent matters occasioning of it Mr. Swinhoe committed to the Tower Letters informed that the King with about Five thousand horse and foot advanced to releive Chester M. G. Pointz pursued close after the King and within two miles of Chester ingaged with the King 's whole body was at the first worsted but made good his ground upon the retreat In the mean time Colonel Jones with five hundred horse and A. G. Louthian came from the Leaguer before Chester to the assistance of Pointz giving notice of their coming by shooting off two great Guns and by that time Pointz had rallyed his Forces then Pointz in the Front and Jones in the Rear charged and utterly routed the King's whole body The King with about three hundred horse fled into Chester and the pursuit was so violent that he immediately left the Town and fled into Wales the rest of his party were utterly dispersed killed and taken In the fight and pursuit were slain the Lord Bernard Earl of Litchfield and one other Lord two Knights one Colonel with above four hundred more Officers and Souldiers There were taken Prisoners eleven Colonels most of them Knights seven Lieutenant Colonels five Majors about forty other Officers and one thousand common Souldiers and one hundred horse and sixty Prisoners taken by the Countrey after the rout store of Arms and Pillage Some members of the House sent to Sir Thomas Fairfax to the Bath to advise with him about the prosecution of this Victory and a day of thanks-giving was appointed for it and they gave a Present of five hundred pounds to Major General Pointz Berkley Castle was rendred to the Parliament by Sir Charles Lucas upon Articles L. General Cromwell disarmed and dispersed the Hamp-shire Clubmen about Winchester 29. Mr. Wolchier a Delinquent Minister sent for to answer about a scandalous Sermon preached by him An Ordinance debated for setling Sir John Winter's Estate on Major General Massey Mr. Tomlins made the Cursitor Baron of the Exchequer Order That one thousand pounds per. ann be allowed to each of the Judges in lieu of their former fees and profits Colonel Parsons made a particular Relation to the House of the late fight at Chester and they gave him one hundred pound to buy him horses and referred it to the Committee of both Kingdoms to prosecute this great Victory The Scots Army did not sit down before Newarke as they were desired but marched on towards Newcastle 30. The account of Auditor Wilcox of the late Army under the Earl of Essex was dissallowed Orders touching money for payment of Tradesmen and of a Ship imployed by the Lord Inchiquin Both Houses agreed that Serjeant Rolls should be a Judge of the King's Bench Serjeant Pheasant a Judge of the Common Pleas and Serjeant Atkins a Baron of the Exchequer At a Conference the Commons desired that the Lord Savile might be recommitted to the Tower The House sate in a Grand Committee about the Ordinance for sale of Delinquents Estates L. General Cromwell came before Winchester and found the Town fortifyed but after a short dispute he fired the Gate and his men entred and he began to batter the Castle with two Great Guns October 1645. 1. A Collection ordered for the maimed Souldiers Propositions from the Scots Commissioners for the suddain settling of Religion and Peace the positive answer of the Scots Commissioners was desired touching their sitting down before Newark Sir Thomas Fairfax marched towards Excester the Regiment of Welden Ingolsby and Fortescue were sent before to joyn with Massey who had some skirmishes with Goring's Forces and at Dalverton took divers horse and Prisoners Colours and killed 18 of Goring's men Plimouth was beleagured by the King's Forces but in no want Colonel Fleetwood was made Governour of Bristoll Major Harrison to be Colonel of his Regiment Colonel Birch made Governour of Bridgwater and Major Aryes of the Devizes Colonel Moore Governour of Gaunt house with two hundred horse fell upon five hundred of the Kings at Kidlington three miles from Oxford routed and pursued them to Oxford took Prisoners Mr. Sackville the Earl of Dorset's Son one of the King's Pages Prince Rupert's Chaplain and twenty Souldiers A party of about three hundred of the King's horse did great mischief in Northamptonshire and plundred all the horses they could meet with 2. Intelligence came that the King was in Denbyshire gathering Forces and that Prince Maurice was to come to him to endeavour again the releif of Chester That Major General Pointz had sent some parties after the
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
Cooke and Sir Robert Cooke discharged 26. Petition of Captain Sheffield referred Money given to some who had lost their eyes in Ireland 27. The French Ambassador had his audience in usual State and Ceremony in both Houses The substance of his Speech was to desire a happy accommodation between the King and Parliament and presented himself as a Mediator for composure of them if in any thing the Houses thought fit to make use of him But nothing was then done upon it An explanatory Ordinance touching the Sale of Bishops Lands A Letter and Declaration of the Parliament of Ireland by way of address to the Parliament of England for relief and supplyes referred to the Committee of Irish affairs and orders for Supplyes and the Messenger ordered to return to the Parliament of Ireland to acquaint them therewith March 1646. March 1. A Petition of many thousand young men and Apprentices of London ingeniously Penned and desiring That all occasions of breaches between the well affected Party may be taken away That those who have adventured their lives for the Parliament may be countenanced and the contrary Party not favoured and that a sufficient Guard and Strength may be kept up for the safety of the Kingdom That they may enjoy the Grants and Priviledges of the City and that some times for Recreation may be set apart for Servants The House sent thanks to the Petitioners for their good Affections Upon a Letter from Major General Skippon of his settlement of the Garrison of Newcastle a Letter of thanks Ordered to him Both Houses continued the Commissioners of the Seal for twenty days longer A Commission past for Mr. Strickland to go over Agent to the Low-Countries Both Houses gave an Allowance to the Earl of Chesterfield with an intimation That he do not entertain Malignant Preachers in his House nor use the Book of Common-Prayer Divers Votes for Dismantling Garrisons 2. Further progress about Dismantling Garrisons Letters from the Commissioners at Holmeby with a List of those appointed to attend the King and an estimate of Charges Vote that the List be not allowed as to an Establishment and the Charges referred to the Committee of the Revenue and the Commissioners desired not to exceed in them Order to know of the Commissioners of Scotland whether they have power to joyn with the Parliament in procuring His Majesties consent to the Propositions and Sale of Bishops Lands The Commissioners could not persuade the King to hear their Chaplains 3. Votes for slighting Garrisons Instructions past by the Lords for the Judges for hearing of Criminal Causes 4. Order for One thousand three hundred pounds for the Lord Willoughby of Parham for his Arrears and that what his Lordship shall propound further for the remainder the House will be ready to grant Addition of fifty pounds per Mens for the maimed Souldiers The Scots Commissioners here answered to the Parliaments question That they had not now power to joyn for procuring His Majesties consent to the Propositions but expected it speedily from their Parliament 5. After long debate carryed upon the question That Sir Thomas Fairfax shall be General of the Forces to be continued and some wondered it should admit a debate and question 6. Votes for Forces and Supplies for Ireland Of Foot seven Regiments three thousand Horse one thousand two hundred Dragoons out of the Army and the House will consider the Charge of maintaining all the Forces in Ireland and how they may be under one Pay and Establishment The General Collonel Hammond and others expressed their willingness to further the business of Ireland and Collonel Hammond to go himself 8. Votes concerning the Forces to be kept in Ireland That no Member of the House of Commons shall have the Command of any Garrison under Sir Thomas Fairfax in England That there be no Officer above a Collonel That they shall all take the Covenant That none who hath born Arms against the Parliament shall be in Command That they shall all Conform to the Established Government of the Church Nor any Prophane or Scandalous person The Officers to be chosen by the Parliament The Lords Ordered the Sale of the Miters Copes c. brought from Oxford and that Magistrates do put in Execution the Laws against Rogues c. for relief of the poor A Proclamation of Major General Skippon for all Papists to bring in their Arms to Newcastle and he desired the Sheriffs of Northumberland and Durham with the Gentlemen of each County to give a List of the places fittest for Quartering of his Soldiers which they took very well from him 9. Order for One thousand nine hundred pounds to Sir William Constable in full of all his Arrears Discharge of some Prisoners Order for a Committee to imprison Preachers not Ordained Approbation of Collonel Hammonds going for Ireland and the conditions The King sent another Letter to the Parliament to have two of His Chaplains come to him and told the Commissioners That he had not power to Command them or any man but would importune them to be instrumental in satisfying his reasonable desire The Lord Lisle landed at Corke and presently sent forth a Party into the Rebels Country where Lieutenant Collonel Croccar and the rest did good service 10. The day of Humiliation against Blasphemies and Heresies 11. Lieutenant Freeman being indicted at the Assizes for doing service for the Parliament the House Ordered his relief Some Members sent to the Judges required them to discharge such Persons and Causes as concern matters done in relation to the War Upon a Petition from Essex that the Souldiers quartered there might be removed the House left it to the General to Quarter his Army as he should think fit and satisfied the Petitioners 12. An Ordinance Read for respiting Tryals and Judgments in Criminal Causes relating to the War till the pleasure of the Houses be known Votes for Collonel Fortescue Lieutenant Collonel Butler Collonel Rous Captain St. Aubin Captain Keckwith and Captain Rous to be Governours of Forts Sir Thomas Fairfax came to Cambridge and was highly caressed and a Latin Oration made to him by a Fellow of Trinity Colledg who had been a Souldier in his Regiment In the Chappel they presented him with a rich Bible in the Hall with a sumptuous Banquet Then the Town entertained him with a stately Banquet and at the Schools he was made a Master of Arts. 13. Many Governours of Garrisons Voted and an Ordinance sent up to the Lords for continuing Tunnage and Poundage 15. Debate about the business of Ireland A Counter-Petition to the London Petition discovered by one Boys at a Conventicle where it was produced and signed was referred to the Committee where Collonel Lee hath the Chair to find out the Authors Ordered that none who have been put out of their Livings for scandalous Malignancy shall be admitted into any without consent of both Houses Orders for new Elections and for
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
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
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
Provisions and Ammunition Order for 100 l. to Mr. King who brought the Letters from Sir Charles Coot for his good Service Referred to the Councel of State to examine the Business of Captain Kesar mentioned in Sir Charles Coots Letter and to send for and secure him if they find cause 25 By Vote the House declared That all such English and Scots and all others that have ingaged for the Parliament of England in the Nation of Scotland and have revolted from that Service and all such as have or shall adhere unto or joyn with Charles Stuart eldest Son of the late King in that Nation are Traytors and shall have their Estates confiscate and their Persons proceeded against by Martial Law Order for these Votes to be Printed and Published and a Copy of them to be sent to the Lord Lieutenant of Ireland Order to forbid proceedings in the Composition of the Earl of Derby because he holds the Isle of Man against the Parliament By two Printed Papers and three Letters to the Committee of the Army for discovery of Criminal Offenders Mr. Speaker was taxed for an ill Member and that he had conveyed a great Sum of Money to the King and Matters of Falsehoods and Breach of Trust are charged on him Upon the Order of the General the Officers of the Army certifyed under their Hands That they never examined any matter touching the Speaker nor had any Order from his Excellency for that purpose to authorize it That they find the same Business had been Judicially heard before a Committee of Parliament and by them reported to the House who declared those complaints raysed and prosecuted falsely malitiously and scandalously against the Speaker and that exemplary Punishment be inflicted upon the Prosecutors The Officers of the Army conclude their Certificates That they humbly conceive the said Information raysed and promoted since the Judgement of the House as aforesaid was a practice to bring an Odium upon the Speaker who hath so highly merited from the publick An Advertisement published That if any Countryman be injured by the Souldiers taking of Free-Quarter contrary to the Act that upon Complaint to the Judge Advocate of the Army and Proof thereof made he shall have Satisfaction out of the Pay of the Souldier and Protection from the Army 27 The House sate not Letters from Dublin to the Councel of State of some Correspondence betwixt the Governour of Tredagh and Lieutenant General Jones and that Ormond came thither with 1500 Horse and 2000 Foot That Owen Roe O Neal conceiving that he had merited from the Parliament desired a Convoy for his Men to serve the Spaniard but nothing was granted Letters that the Scots Army was full of Malignants and the Nation full of Feares That nothing will give Satisfaction there but the Kings putting Malignants from him and granting the particulars of the Covenant Letters from Mr. Peters to the Councel giving them an account of the Fleets setting sail for Ireland c. Lieutenant Collonel Morrice Governour of Pontfract Castle for the King was executed according to the Sentence of the Court Marshal Letters that 5 Men of War wearing the Scots Colours set upon 5 Ships of the Parliaments killed 4 of their Men wounded 18 and did much Prejudice to the Ships The Governours of the new Corporation in London for setting the poor to work sent their Warrants requiring the Church-Wardens and Overseers of the Poor in every Parish to return the Names to them of all such as are able to work and have not meanes to maintain themselves and of all who are not able to work and want Livelyhood 28 Order for such as neglect to take out Discharges upon their Compositions for Delinquency to be taken into Custody The Act passed prohibiting the Importing of any Wines Wool or Silk from France into England or Ireland An Act passed for admitting the Purchasers of Bishops Lands to pay the whole purchase Money by Weavers-Hall Bills Another Act passed touching the second 40000 l. charged on the Excise and Goldsmiths-Hall 29 The Publique Thanksgiving day Solemnized The Lord Lieutenant of Ireland shortly after his landing at Dublin published a Proclamation reciting the great Mercies of God to that City particularly in the late Defeat given to the Rebels who incompassed it round about and finding that notwithstanding the Goodness of God to them yet by profane Swearing Cursing and Drunkenness his holy Name is dayly dishonoured and blasphemed contrary to the Laws of God and the known Laws of that Land and to the Articles of War He commands the Major and Magistrates of the City and the Officers of the Army to put in due Execution the Laws against such Offenders and that he will punish the neglect and contempt of this Proclamation with the severest Punishment of the Law 30 The Act for relief of Prisoners of Debt was after a long Debate and difference in Opinion ordered upon the Question to be ingrossed Debate touching Fees and Salaries of the Officers belonging to the House The Arrears of Sir Adam Lostus referred to the Committee for Irish Affairs Letters from Holland That the Prince his Men run away from him for want of Mony That 2 Irish Frigots brought into Dunkirk 6 Hull Ships for Prizes Letters from Dublin That the English Fleet which came thither with the L. Lieutenant strikes a great Terrour into the Enemy That Trumpets came to Jones from Ormond Inchequin and others but he sent them back with this Answer That now all Addresses must be made to the L. Lt. Cromwel 31 Order that Serjeant Dandey Serjeant at Arms to the Councel do proclaim the Act for prohibiting the Importation of Wines Wool and Silks from France Debate touching Mr. Warners Case An Act passed touching the West-India Islands and making them subordinate to the Government of England Order for an Act to prohibite the Brewing of Ale or Beer above 10 s. the Barrel Report by the Councel of a Letter from the Lieutenant of Ireland giving an Account of his Condition after his safe Arrival and laying open his necessities for Supplies and speedy Recruits Referred to the Councel of State to consider of the Letter and Desires of the L. Lieutenant and to answer his Expectation so far forth as it may not increase the Charge of this Common-Wealth Order for Payment of the 200 l. formerly given to Captain Poulton Order for 1200 l. for C. Fielder late Governour of Portsmouth for his Service there and 1148 l. for his Arreares out of concealed Delinquents Estates to be discovered by him Upon a Report from the Councel of their Opinion That Sir Kenelm Digby is a dangerous Person and to know the pleasure of the House concerning him they Voted That he was not within the compass of the Votes for compounding for his Delinquency And that he be injoyned to depart the Common-Wealth within 20 days and not to return without leave of the House under pain of Death
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
the sickness of the General From Waterford That the Army fell upon the Rebels beyond the Shannon did some execution upon them and brought away some booty That they rejoyced to hear that the Parliament had sent a Fleet towards Dunkirk to keep in the Duke of Lorrains Fleet if they should attempt any thing upon Ireland That Prince Rupert was gone to Sea with 5 Ships and 2 Fire-ships That 2 French Ships laden with Silk were taken by the English 27. The Parliament sent a Message to the General to desire him to retire for his health to some convenient place in England for the fresh Air and to intrust the Army in the mean time in such hands as he should think fit The Parliament discharged all Recognizances Fines and Amercements and Process upon them untill 30 Jan. 1648. That the General being Sick of an Ague the Officers of the Army provided to march without him That several Ships were arrived at Lieth with Provisions for Men and Horse That Prince Edward was summoned to appear at the Hague to answer his misdemeanor against the English Ambassadors That the 6 Gentlemen of the English Ambassadors who where taken Prisoners by Collonel Hatter the Lorreiner were carried by him to the Spaw to drink the waters there with him and there a Gentleman who had received civilities in England looking earnestly upon them imagined that they were gentle-men in some distress inquiring of them was told all the story of their being surprised by Collonel Hatter upon which the Gentleman raised the Town and rescued the English Gentlemen from the Collonel and brought them from thence in liberty to Lymburgh That there the English Gentlemen bragging of their good fortune and that now they should save 1200 l which they had promised to pay to Collonel Hatter for their ransom This coming to the Ear of the Governour of Lymburgh he kept the English Gentlemen in restraint and told them That seeing they had ingaged to pay 1200 l to Collonel Hatter for their ransom and that now they were fallen into his power in Lymburg that they should pay the same Summ to him which they should have paid to Collonel Hatter That the States sent to the PrincessRoyal to the Duke of York and to the Queen of Bohemia to desire them that none of their trains might be suffered to offer any affront to any of the English Ambassadors company whom the States had taken into their Protection and would not regard any great Person that should affront them That they all promised to conform to the States desire That they caused a new Court of Guard to be built at the English Ambassadors door That they visited the Spanish Ambassador who had been very courteous to them by their desire had written to the Governour of Lymburgh who was under the Spanish Jurisdiction to set free the Ambassadors Gentlemen in his power without any Ransom That the Dutch inquired much after the Affairs in Scotland and seemed inclinable to a good Correspondence with England 29. An account of Recruits for Ireland That the Scots Foot were very poor in Cloaths and both Men and Horse in great want of Provisions 30. Letters That the Earl of Derby was victualling and furnishing his Castles in the Isle of Man Letters That the Enemy took some Cows from the Garrison of Charlemont which the Lord Caufield having notice off lay in the way and met them in their return killed about 30 of them and took 120 Arms and brought away the Cows That another party of the Enemy came into the English quarters who routed them and took divers of them That the Foot at Scilly entred at St. Maries Island and that those in the Castle were in great want of water 31. Letters That the Country between Edenburgh and Dunbar was full of excellent Corn. That there were many Ships come into Lieth with Provisions A Soldier shot to death for killing his fellow Soldier in a Duel June 1651. 2. The Parliament ordered 2 Physicians Dr. Wright and Dr. Bates to go into Scotland to attend the General and to take care of his health they being his usual Physicians in London and well esteemed by him they were by this time come to Edenburgh 3. Letters of several incounters with the Rebels in Ireland who in all conflicts were worsted by the Parliaments Forces 4. That the Scots lay still in their Quarters onely sometimes by parties they fell into the quarters of the Parliaments Forces neer them but were as often repulsed as they made any Attempt 5. Debates in Parliament and several Orders for Mony and Recruits for the Armies in Scotland and Ireland 6. An account of Recruits marching and of some Shipped for Ireland and others sent by land for Scotland 7. Account of Prizes taken by the Parliaments Ships 9. Letters of the General his good recovery of Health again and that the Doctors were returned from him Of a Ship loaden with Oats taken from the Scots That the Malignants with the King did some of them cause the Soldiers to plunder some of the Presbyterians by whom they had formerly Suffered That Major-General Massy had found out new inventions of fire works and Engines of War That Major-General Harison was advanced with his Brigade to the furthest part of Cumberland That the Enemy took all the Horses and 20 Men of Captain Wrights Troop the Horses being at Grass That some of the Duke of Lorraines Forces were come down about Dunkirk but retired upon the coming of General Popham thither That the Parliaments Ships chased and forced 3 Dunkerkers to run on Shoar Letters from the General acknowledging the favour of the Parliament in sending the Doctors to him and giving him leave to come into England for his health That he hath unexpectedly been restored to Health by the goodness of God 10. Letters That the Assembly of the States was adjourned for a week and that they thought the propositions made by the English Ambassadors to be too much for them to consent unto That Holland is more inclinable to an agreement with the Ambassadors than the other Provinces are That fair words are given and now and then a visit to the Ambassadors by some of the Deputies who are not gone Home That the rest are jealous of Amsterdam as if they designed to make themselves like Venice to domineer over all the other Towns 11. Letters That upon intelligence of a great party of the Enemy drawn out upon design to fall upon the English Garrison at Hamilton the General sent Collonel Whaley with 8 Regiments of Horse to bring off the Garrison which he did and slighted the House That Major-General Massy was making of Leather Ordnance and Fire-works for the Scots Soldiers to carry on the top of their Pikes to slaughter his own Country Men. That the Scots Parliament have nulled the Act of Classis whereby all Hamiltons and Montrosses party may be of all Parliaments and Judicatories
place neer it That Major-General Whaley marched along the Sea side having some Ships to sail by him and hath taken store of Artillery and divers Ships that the Enemys Affairs are in some discomposure That they will not adventure all upon one Army but have sent for the new levyes An Account of Monys Recruits and Provisions gone for Ireland and of prizes taken and brought into Portsmouth Of Prizes taken by the Pyrats 7. Letters of much damage done by the Jersey Pyrats Of Collonel Hunkin going to be Governour of Scilly with Forces That Collonel Hewson was going into Cavan where the People stood upon their guards refusing to pay contribution 8. Letters That Sr. George Askue was set sail for the Barbadoes That the General was marched with the Army to St. Johns Town to prevent supplies to the Enemy from the North of Scotland That Collonel Fortescue coming to the General with a Petition on the behalf of Mr. Love the General and the Army would not intermeddle therewith and the Collonel with a Convoy of 18 Troopers was set upon by 80 of the Enemies Horse the Collonel first cryed for quarter and had it most of his Convoy were slain only 4 of them escaped That 6000 of the Scots are reported to have Run away from them since the last Rout in Fife In the Armies march towards St. Johns Town 2 Troopers were executed for Straggling and Plundering That some Country People being left to cut down the Bridge between St. Johns Town and Sterling they ran away upon the approach of the English Army before it was quite done and left their tools behind them That the General sent a summons to St. Johns Town that understanding they had no Garrison that they should immediately Surrender to him and he promised to free their Goods from plunder and their Persons from violence The Town denying his entrance he sent parties to attempt it and some were slain on both sides but the English gaining upon them they sent a Drum with a letter to the General to let him know that his Information was not good and that they had a Garrison and could do nothing without the Governour Here upon the General sent a Summons to the Governour who returned no answer and therefore Cromwel planted his Batteries and played all night upon them and the next day the Lord Dasseres the Governour who came into the Town the day before with 1300 Men sent to Cromwel for a Treaty and Cessation That newes was brought to Cromwel That the Scots Army was marched about to Hamilton and so intended for England That Collonel Fortescue with 28 Men in his Company were taken some suspected willingly by the Moss Troopers between Lieth and Berwick 9. Letters That the Lord Muskerry having gotten Forces together to relieve Lymbrick the Lord Broghil met with them routed them killed 500 on the place besides many that were drowned in the Black-water That St. Johns Town was rendred to Cromwel upon Articles That he had in it 4 pieces of Ordinance much Arms Ammunition and Provision That the General left a Regiment of Horse and another of Foot And 4 Troops of Dragoons under the Command of Collonel Overton to secure that place and the parts adjacent and sent Lieutenant General Monke with 4 Regiments of Horse 3 of Foot and 4 battering pieces to beleaguer Sterling The General hastened to march after the King who he had notice was advanced for Ireland and that by the way David Lesley summoned Bigger and the Governour returned a resolute answer that he kept it for the Common-wealth of England That Argyle and many other Scots Lords were retired to their private Dwellings That the King Hamilton and Bucks with other Lords are with the Army which is about 8000 and supposed to be near Carlisle That Major-General Harrison with a considerable Party was at Berwick and expects a conjunction of the Forces with him to hinder the Kings march That Major-General Lambert was marched after the King 11. Letters from Cromwel to the Parliament of the reducing of St. Johns Town and of the Enemies march for England and his following them who in desperation and fear and out of inevitable necessity were run to try what they could doe in this way It is our Comfort that in simplicity of heart as to God we have done to the best of our Judgements knowing that if some issue were not put to this business it would occasion another Winters War to the ruine of your Soldiery for whom the Scots are too hard in respect of induring the Winters difficulty of that Country and being under the endless expence of the Treasure of England in prosecuting this War He shows the reasons why he did not interpose more between the Enemy and England and prays the Parliament to use their courage by such Forces as they have in readiness and can get together to give the Enemy a check till he can come up to them and doubts not but the desperateness and folly of this Councel of theirs will appear and puts them in mind of the Scots former invasion when England was much more unsteady than now and the success of it not to be forgotten It is good to wait upon the Lord upon the earnest of former experiences and hope of his presence which only is the life of your cause He gives them an account that Major-General Harrison and Collonel Rich and the Forces with them shall endeavour to keep the Scots together and impede their march and to joyn with your other Forces and that Major-General Lambert marched with a considerable Body of Horse up to the Enemies Rear and himself was hasting after them and that he hoped he had left a commanding Force under Lieutenant General Monk in Scotland Major-General Harrison gave an account by his letters to the Parliament of the Scots coming into England and of his giving notice to the Commissioners of the Militia of Lancashire Cumberland and other Counties to raise what Forces they could to joyn with him That he had gotten together 3000 Horse and hoped to hinder the Enemies march He desires some Provision for 4 or 500 Godly men for 2 or 3 Moneths if he can get them mounted and dated his Letter 7th of the 6 Moneth 1651. at 11. a Clock Forenoon Newcastle T. Harrison That in the success the Lord Broghil lately had against the Lord Muskerry in Ireland the Lord Muskerries Army consisted of 1000 Horse and Dragoons and neer 2000 Foot My Lord Broghil had but 400 Horse and Dragoons and under 600 Foot That the charge was very desperate on both sides the Lord Broghil had 120 Horsemen shot and 30 killed he charged him that led up the Irish opposite wing and killed him but the Irish did so overwing him that his own Troop that consisted most of Gentlemen Reformadoes was charged in front flank and Rear both by Horse and Foot amongst which my Lord was so far ingaged that they offered
to Ayre were received of the Garrison of the Castle of Arran upon conditions That Ships were come to Leith with Provisions and horse meat A Petition of the Eastland Merchants residing at Dantzicke submitting and commending the late Act of Navigation which they do pray may be observed and remedy of abuses in their Trade Votes That all Wools brought into England shall be Excise-free That an Act be brought in to prevent the Exportation of Scotch Wools Woolfells or Leather Referred to the Councel of State to consider and prepare an Act touching the Adventurers for Ireland and the qualifications touching Ireland formerly read in Parliament and that they be impowred to transport such of the Irish as they shall think fit into Forrein parts and about Transplanting of the Irish from one part of the Nation to another And to consider of Satisfaction to such Officers and Soldiers as shall be disbanded in Ireland Letters of the Surrender of Galloway to the Parliaments Forces with a Copy of the Articles and several Letters between the Parliaments Commissioners and Sir Charles Coot in Ireland about that Business referred to the Councel of State Vote That the Committee for the Universities and the Committee of Indemnity do sit no more and the House appointed a day to consider of filling the House with new Members 23. Letters That the Isle of Arran in Scotland and Duke Hamiltons House the Castle there was upon Summons Surrendred to the Parliaments Forces the Island is 8 miles over and 24 miles in Length and those in the Castle told the Commander of the Parliaments Forces that if they could have kept the Castle against him they would not have Surrendred it but being they could not defend it that he and his Soldiers were welcome to it That the Inhabitants shewed much distast to Argyle but the Civil Carriage of the Parliaments Soldiers did much ingage them 24. Letters of several Ships come into Leith Road loaden with Hay and others with Merchandize That the Ship which brought the Money for the Army lost her â—udder at Yarmouth Road and so was hindered of her Voyage That Argyle was preparing of Forces and yet gave good words to the English Commissioners That great depredations were committed by the Highlanders That the Chancellour sought to come in and the Ministers in the West were busie in designing against England That Sir George Ascue had taken in the Barbadoes the Letters from him with the Articles read in Parliament and the Messenger had 100 l. given him by the House Debate upon Regulating of the prizes of Wine 26. Letters That Sir George Ascue landed but 200 at first under Captain Morris who beat up one of the Enemies Quarters and took from them a little Fort with 4 Guns which they spiked up without any Loss That the Virginia-Fleet came in thither but very weak and their Men sick yet Sir George took the advantage of the appearance of that Fleet and sent a new Summons to the Lord Willoughby But he refusing to submit Sir George modelled 400 into a Regiment and landed them at night and were gallantly received by the Lord Willoughbyes men but being night they thought the Assaylants more than they were and the Seamen with great Shouts running upon the Enemy they were so amazed that after a short dispute they all ran away Leaving a place where in a manner they were intrenched and 4 great Guns That this party thus routed were 1200 Foot and a Troop of Horse and Sir George lost but 7 or 8 men whereof one was Lieutenant-Collonel Allen of the Enemy were 100 Slain and 80 Prisoners The success was nothing towards the gaining of the whole Island the Enemy having then about 5000 Horse and Foot in Arms. That the Virginia-Fleet after 7 days went away and then Sir George upon Information of Collonels Muddifords interests in the Island and Affections to the Parliament Sir George sent to him and his Friends by giving them honourable Conditions and he joined with Sir George and made up 2000 Foot and 100 Horse That the People came in hourly to Sir George who went on Shoar to Collonel Muddiford and his Company and gave them full satisfaction of his Commission and the Parliaments intentions whereupon they engaged to live and dye with the Parliament That the Lord Willoughby understanding this marched up to them with all the Force he could make and one of Sir George his great Guns Shot in at the Door where the Lord Willoughby and his Councel of War were and carried away the Sentinels head That this night the Enemy marched 2 Miles from Sir George his men who had many designs but were hindred by the Rains for 3 or 4 daies together and before they could March the Lord Willoughby sent for a Treaty and in regard his strength was much the greater and to avoid the destruction of that goodly Island which was already much wasted Sir George sent his Commissioners to meet with the Lord Willoughbys Commissioners and they agreed upon Articles and it was surrendred to the Parliament The truth was that the Lord Willoughby was forced to this surrender knowing that his men would not stand to him but dayly did desert him and most of the Islanders took in with C. Muddiford against my Lord. Letters that the Frigot with the Mony was safely arrived at Leith narrowly escaping the Sands on which she struck six times upon the Coast of Yarmouth but was delivered by the breaking of her Rudder That Argyle and his Clans agreed to oppose the Parliament of England and that he had gotten 10000 Arms. That the Kirk began to piece again but the People were inclinable to the Union 27. Votes touching the payment of Debts upon publick Faith Referred to a Committee to consider how the Poor may be set to work and relieved and not suffered to beg and to review all the Acts touching the Poor and report the defects of them and to receive Proposals for the City of London or others touching the Poor An Act passed for the further ease and relief of poor Prisoners for Debt Letters That the Scots King was ingaged in mediating a Peace between the King of France and the Princes wherein he alledged his own condition and that of his Father and the King of France thanked him for his good Intentions and desired him to make the like Proposals to the Princes Which the Scots King did but the King of France refused to put away the Cardinal who offered to go away rather than to be a cause of continuing the miseries of France that the Princes doubled their Guards and the People were enraged against Cardinal Mazarini 29. Letters of the reducing of the Barbadoes to the same effect as before The Revolt of Collonel Muddiford and Letters from my Lady Willoughby to my Lord her Husband that the Kings Forces were defeated at Worcester and of the condition of the Affairs in England with her advice
to him to submit to the Parliament upon good terms and Letters to the same effect from other Friends were the cause of his surrender of the Island 30. Orders for Recruits from Pendennis Castle for Ireland and six weeks pay for them before they were transported out of England May 1652. 1. Letters That the Declaration of the Parliament of England for the Union of Scotland with England and their sending of Members to the Parliament of England was proclaimed with great solemnity at Edenburgh Cross but the Scots shewed no rejoycing at it 3. Letters justifying the Proceedings of the Commissioners for propagating the Gospel in Wales written by Mr. Vavasour Power a Minister there 4. Referred to the Committee to consider how a competent Maintenance for Godly Ministers may be setled in lieu of Tithes Order for relief of maimed and sick Soldiers Mr. Weaver one of the Commissioners of the Parliament in Ireland came into the House whereof he was a Member and gave them an account of the State of their Affairs there Letters of Credence of the Queen of Sweden to the Noble Hareldus Applebone her publick Minister to the Parliament of England were read and Letters from the Prince of Conde to the Parliament read and both of them referred to the Council of State Letters That Argyle did again solicit for some singular Act of Favour from the Parliament of England but his ways were known That Three Judges were come from England to administer Justice to the Scots in Scotland 5. That some Travellers upon Hunsloe Heath saw a strange Apparition of the Sun about sixth Clock in the Evening c. 6. Letters That the Ministers of Scotland were as bitter as ever against the Interest of England Of more Counties and Boroughs accepting the Vnion with England and that Argyle had agreed to Terms to come in to the Parliament of England but they were not published That the Lord Chief-Justice St. John Mr. Salloway and Alderman Tichburne the Parliaments Commissioners in Scotland went away for England That the Deputies of Argyle Shire had consented to the Vnion 7. Letters That the Magistrates of Musselborough had taken the Ingagement of the Parliament of England Of a Pyrate who took several English Vessels to the Westward of Recruits Shipped from Pendennis for Ireland That the Irish begged for Conditions to come in to the Parliament and some of them were admitted 10. Letters of Preparations to reduce Dinnoter Castle in Scotland That the new Judges sent into Scotland were very busie in setling of new Judicatories there That Ireland was wholly reduced and had no other refuge but Bogs and Woods that the Plague was much abated there That Commissary-General Reynolds had gotten most of the Provisions of the Rebels and killed and taken many of them and prevented their fortifying That he setled Three considerable Garrisons upon Passes in Kings County took in the strong Forts in those Parts upon Quarter for Life only 11. The Scots Commissioners returned and were in the Parliament The Committee revived for setting a Period to this Parliament and providing for future Representatives 12. Debate upon Qualifications of such Persons as shall be received into the House as Members Letters That Captain Howe a Young Gentle-man who had done gallant Service for the Parliament in Ireland being assaulted in his Quarters by a Party of the Tories he at the first Charge routed them but then they came on again with a fresh Party and routed Captain How 's Party who endeavoured to make good his Soldiers Retreat and himself charged Three times and came off well but upon a Fourth Charge he was unfortunately slain and his Death was very much lamented 13. A Duel between the Lord Chandoys and Mr. Compton and the Lord killed Mr. Compton 14. The knocking of a Link near some Reeds set the Reeds on fire and they fired a House in Redriffe and Two Ships lying near the Shore and burnt them at low water when no Boats could come to help them nor could they get Water Letters That the Inhabitants of Virginia willingly submitted to the Government of the Parliament 15. That the Army in Scotland was taking the Field Of the refractoriness of the Ministers That the Judges sent out of England published a Proclamation at Edenburgh That they would sit at the usual place for administring of Justice 17. Letters from the Commissioners in Ireland to the Parliament giving an account of the Affairs there of the Provisions received and acknowledging the great care of the Parliament therein and how they had disposed thereof to the Forces Of the Ports in Kerry fit for a Forreign Enemy to land in That Clenrickard and others were gone to Vlster to joyn with Phelim O-Neale That in some places the Enemy have made some Incursions in small Parties and taken some prey and Dragoon Horses but upon their return they being 250 Horse and 500 Foot they were met by Lieutenant-Collonel Throckmorton with 140 Horse and 400 Foot who had no Pikes and the Horse at first made some retreat But at length after a sharp Dispute the English Horse routed the Irish and killed 200 of them on the place and in the pursuit and took and killed divers Officers and had but twenty one killed and 100 Soldiers wounded That the Irish Clergy have excommunicated Collonel Fitz-Patrick for submitting to the Parliament and the Laity published a Declaration against him and all that joyned with him and some of his Party were cut off by the Irish who also cut off the Ears of some whom they took Prisoners That Fitz-Patrick met with some of them That Shipping was wanting to transport those who are to go beyond Seas 2000 of Fitz-Patricks Party 1000 of O-Dwyers Party and 4000 more Of many Applications made by divers chief Officers of the Irish to come in to the Parliament and Commissioners were sent with Instructions to give the same Terms which Collonel Venables was authorized to give to those in Vlster That Sir Charles Coote explained the Articles of Galloway which he yielded to to prevent charge to the Parliament and to get the possession of that City 18. Letters of a Squadron of the Parliaments Ships meeting with Three Dutch Men of War and Seven Merchants that the Dutch Admiral came under the Lee of the Parliaments Ships and kept his Flag up whereupon the English Ship sent a Boat to him to acquaint him that they had received Orders from their General to cause those Ships they met to take down their Flags and presently the Dutch Admiral took down his Flag and saluted the English Ships with Three Pieces of Ordnance and the English did the like to him After the Admiral came the Vice-Admiral of the Dutch but came to the Windward of the English contrary to the custom in the Narrow Seas and saluted the English with 13 Shot but took not down their Top-Flag The English called to them to take it down
proof against them was a forced Confession before the Kirke That some accused for Witches had been Tortured to make them Confess by tying their Thumbs behind them and then hanging them up by their Thumbs while two Highlanders whipped them after which they set lighted Candles to the Soles of their Feet and between their Toes then burned them by putting light Candles into their Mouths and then burning them in the Head That 6 of them were accused of whom 4 of them dyed of the Torture The Judges resolved to examine the business and to find out these Scots Tormentors that another woman being accused for a Witch was kept 28 days with only Bread and Water and stript naked and laid upon a cold Stone with onely Hair Cloath over her that among the Accused others had Hair Shirts dipped in Vinegar put over them to fetch off the Skin That the Marquess of Argyle had procured the release of the English Prisoners in the Highlands and used them very civilly 30. Letters of some Dutch men of War appearing near Yarmouth but upon sight of one of the Parliaments Frigots they got away That the Dutch Free-booters had taken 3 English Vessels near Newcastle That one of the Parliaments Frigots near Plymouth fought 2 hours with 2 Dutch men of War till night parted them Of 2 Prizes taken by a private man of War one Dutch and the other a French Vessel laden with Wine and Salt Of a Holland Prize brought into Falmouth by a Parliament Frigot and was laden with considerable goods November 1652. 1. Letters of a little unruliness in the Regiments lately come to Scotland for Recruits but 2 of them being Sentenced by a Court-Martial the rest were quiet That at the Assizes in Scotland 1000 appeared before the Judges accused for Adulteries and other Crimes committed 20 and 30 years past No Lords or Lairds brought in That since the Parliaments Convoys came on the North Coast no Dutch men of War appeared That above 100 Colliers were ready to set Sail for London with them Of 7 Dutch Ships loaden taken by one of the Parliaments Frigots upon the Western Coast but pretend themselves Hamburgers Of 3 Dutch Vessels taken near the Lands end 2. Debate upon the Delinquents Bill and divers Voted to be inserted and others left out Order for the Education of the Children of Sir Christopher Nevil out of his Estate Letters from Amsterdam of their Fleet ready to come forth being 120 Sail whereof 20 Fire Ships Trumps design being to Convoy their Merchants being 200 Sail. That the King of Denmark was forward to assist the Dutch who promised to save him harmless that Sweeden refused to assist the Dutch Of 3 Ships taken by the Pelican and 2 great Dutch Ships taken by the Non-such which had in them 700000 Dollars the one pretends to be a Lubeker the other an Hamburger and 2 more brought into the Downs That the English Ships at Porte Longone were beset with the Dutch who had leave to come into the Harbour upon pretence to bury some of their Officers slain in the late Ingagement with the English and both lay quiet there That the Governour planted his Guns and doubled his Watch resolving not to permit them to Fight A Petition from the Merchants in Scotland agreed upon to the Parliament that those in Leith and other places may not be forced to go to Edenburgh and live there under their Slavery That a Town of English being there will be much for the safety of the Parliaments Affairs in Scotland 3. We came to some agreement of Propoposals to be presented to the Parliament from the Committee for the Scotch Union 4. Letters of the 7 Ships taken who pretended to be Hamburgers but had Holland Colours up and letters to Amsterdam 5. Letters That the few Irish yet standing out were pent up in an Island and make the Sea their Shelter and Defence Of Pickeroons upon that Coast That the Vlster Irish were agreed upon the Articles to lay down Armes Of 200 Collyers set Sail for London 6. Letters of Dutch Free-booters taking Fish from Fishermen and so let them go That a Merchant Ship of 400 Tun was by foul Weather cast upon the Kentish Shore where she stuck and the Lord of the Mannor and People thereabouts took her Lading to the value of 40000 l. 7. Letters That in the Levant Seas a small Fleet of the English men of War Convoying certain Merchant men from Scandaroon were unawares assailed by 11 Sail of Dutch men of War who having great advantage of the English and much over-powring them in number took and blew up about 5 of the English Ships Several other Letters touching Prizes taken by the Dutch from the English but many more from the Dutch by the English and of Mischief done by the Pickeroons on the English Coasts and of the pursuit and taking of some of them by the Parliaments Men of War That the business in Ireland was almost finished and the Enemy there in effect wholly subdued and many of the Irish Transported beyond Seas not a body of them considerable to be met within the Field That the Forces under General Monk in Scotland had great success there taking in divers strong places and giving many defeats to the Kings Forces in the Highlands The debate upon the Bill for the Scotch Vnion and for an Act of Oblivion there was so far proceeded in by the Committee that they ordered the Report thereof to be made to the Parliament It was about this time that the Lord-General Cromwell meeting with Whitelock saluted him with more than ordinary courtesie and desired him to walk aside with him that they might have some private discourse together Whitelock waited on him and he began the discourse betwixt them which was to this effect Cromwell My Lord Whitelock I know your faithfulness and ingagement in the same good Cause with my self and the rest of our Friends and I know your ability in Judgment and your particular Friendship and Affection for me indeed I am sufficiently satisfied in these things and therefore I desire to advise with you in the main and most important Affairs relating to our present condition Whitelock Your Excellency hath known me long and I think will say that you never knew any unfaithfulness or breach of trust by me and for my particular Affection to your Person your Favours to me and your publick Services have deserved more than I can manifest onely there is with your Favour a mistake in this one thing touching my weak judgment which is uncapable to do any considerable service for your self or this Common-wealth yet to the utmost of my power I shall be ready to serve you and that with all diligence and faithfulness Cromwell I have cause to be and am without the least scruple of your Faithfulness and I know your kindness to me your old Friend and your abilities to serve the
of such as were then known An Act of the Councel of State touching the adventurers for Lands in Ireland An Address from Cumberland approving the actions of Cromwell and his Army and resolving to stand by them and assist them 7. Letters from Scotland that the 2 great Fleets missed one an other to the admiration of all men that the Malignants report the Dutch to be 150 Sail of Men of War That there continues great feud betwixt the Assembly and Protesting Party about placing and displacing of Ministers That the Lord Wareston is angry at every thing but himself and at that too sometimes Intelligence that about 20 of the Dutch Fleet were taken burnt and sunk 3 Fire-Ships taken one Vice-Admiral and 2 Rear-Admirals one Rear-Admiral towed by the Entrance being far bigger than her self having 14 Guns on a Tire and of 1200 Tun. But 126 men Slain in the English Fleet none of note but General Dean and one Captain no English Ship lost 8. Letters were sent from Cromwell to the several persons called to take upon them the trust of the Government of the Common-wealth and were to this effect For as much as upon Dissolution of the late Parliament it became necessary that the Peace Safety and good Government of this Common-wealth should be provided for and in order thereunto divers persons fearing God and of approved Fidelity and Honesty are by my self with the advice of my Councel of Officers nominated to whom the great Charge and Trust of so weighty Affairs is to be committed And having good assurance of your love to and courage for God and the Interest of this Cause and of the good People of this Common-wealth I Oliver Cromwell Captain-General and Commander in chief of all the Armies and Forces raised and to be raised within this Common-wealth do hereby summon and require you being one of the Persons nominated personally to appear at the Councel-Chamber at White-Hall within the City of Westminster upon the 4th day of July next insuing the date hereof then and there to take upon you the said Trust unto which you are hereby called and appointed to serve as a Member of the County of Bucks and hereof you are not to fail Given under my Hand and Seal the 8th day of June 1653. O. Cromwell Further Relations of the late Fight at Sea with the Dutch but to the same effect with the former and that the English Fleet were still in chase of the Dutch Fleet towards their own Coast 9. Letters of 2 Dutch Ships taken by the Warwick Frigot that as soon as the Dutch discovered her to be one of the States Men of War they presently submitted to her 10. Of a Tumult lately in Linlithgow in Scotland the people refusing to receive a Minister whom the Presbit'ry would have imposed on them and some of the Kirk-men were soundly beaten in the scuffle A Ship of Jersey taken by the French 11. Of a private Man of War of Captain Williams who brought to Pendenuis 3 prizes whereof one had store of money but how much it was the Marriners took course it should not be discovered An other private Man of War brought 3 Dutch Prizes into the Isle of Wight That the English Fleet was before the Brill and other Dutch Harbours blocking up their Ships and that thereupon the Dutch People were in very great confusion 13. A party of Soldiers being sent into the Highlands to gather the Sess there a Company of Highlanders got together in Arms and followed the Soldiers 8 Miles who making a hault fired upon the Highlanders and slew their Captain and thereupon all of them fled distractedly and left divers of their Company dead upon the place those that ran away were too nimble for the English Soldiers to pursue them eight Men of War of the English Fleet brought into Leith Road 20 small Dutch Vessels Busses and other Prizes 14. The General and Councel of State published a Declaration to invite all the good People in these Nations to thankfulness and holy rejoycing in the Lord for the late great Victory at Sea against the Dutch and appointed a Day for meeting of himself and his Councel of Officers to praise the Lord. This took the more with many People because it was not a command and imposing upon Men but only an Invitation of them to keep a day of publick thanksgiving Collonel John Lilburn arriving at London sets forth an Address to Cromwell under this Title The banished Mans suit for Protection to his Excellency the Lord-General Cromwell being the humble Address of Lieutenant-Collonel John Lilburn This was written from his Lodging in little More-fields where by Warrant of the Councel of State he was taken into Custody and Committed to Sherriff Vnderwood's House 15. The English Fleet were plying to and again betwixt the Texel and the Vly to hinder Ships coming out from thence to joyn with that part of the Dutch Fleet now at the Weilings and to stop up their Trade and Fishing 16. Lieutenant-Collonel Lilburn being Prisoner in Newgate now published another Address to Cromwell and the Councel of State for repealing the Act of the late Parliament for his banishment for which he gave divers reasons because it was a Judgment against him by the Parliament according to no law in being That the Act is a Law made after the Fact done to ordain a punishment for that Fact which was never ordained or heard of before That the Parliament which made that Law being now dissolved the Law ought to be of no Force He prays the Suspension of any proceedings against him upon that Law till the Justice of the matter and manner of it be legally examined Two small Vessels of Scilly Loaden with Provisions for the Island were taken by the Brest Pickaroons One of Prince Rupert's Men in a mad humour leaped over-board into the Sea and was drowned and another of them in a bravado killed himself with his own Pistol 17. The Highlanders in Scotland began to gather together in Arms upon Commissions they received from the King of Scots The English Fleet were upon the Dutch and French Coasts 18. Captain Steiner brought into Lee Road 12 prizes Dutch Men of War taken in the late Fight and of Dutch Prisoners 1350 who were brought to London and secured in Chelsey Colledge An Agent came from Holland with Letters to Cromwell about their Ambassadors coming hither to Treat for Peace Cromwell received and carried the Letters to the Councel of State 20. The last week arrived in England Mnr. Bevering a Commissioner from Holland and had Audience before the Councel of State and made a short Speech in French for amity between the two Common-wealths this day arrived 3 more New-port Van Dorpar and Yongstall Commissioners from the United Provinces Lieutenant-Collonel Lilburn made a 3d Address to Cromwell and the Councel of State A Petition in the names of 5000 Citizens of London
clear some Countries from any suspition of assisting the Highlanders That the Lord Lorne with one hundred and twenty Horse came near some of the English quarters and the Soldiers coming out upon them the Lord Lorn retreated and that his Father the Marquiss of Argyle hath cast him off 9 That the chief of the Hebriedes had sent to the English Commander for Protection for Themselves and their People under the Parliaments Government 10. Of thirty sive Dutch Prizes brought into Yarmouth and thereabouts Laden with French Wines Fish and other Commodities That the foul weather drove the English Fleet from the Holland Coast upon which De Witt got out with Sixty Men of War to Convoy their East-Country Fleet and to fetch home their East-India Ships from Copenhagen 12. That the English were in possession of Lewes-Island a Place of great Consequence for the English affairs particularly as to the Highlanders That the Lord Lorn with his party killed and wounded twenty of the English but were driven away Of Six Prizes taken by the Frigots from the French That the Dutch East-India Ships were at Copenhagen That the Lilly Frigot was cast away by a violent storm near Weymouth four of them drowned as they endeavoured to get on Shoar upon the Mast and Planks of the Ship the Captain and twenty eight others who stayed in the Ship after the Ship was sinking were saved by Boats sent from Weymouth 13. Order for a Bill to dispose two Parts of Papists Estates for publick uses And for an other for Sale of the Forrest Lands And an other for Sale of some Houses and Lands of the late King formerly exempted from Sale And an other for the Sale of the remainder of Dean and Chapters Lands Referred to the Council to take Order for suppressing Forged Briefs and Patents and for punishing them Letters that the Fleet was safe after the late great storms That Eighty Dutch Ships belonging to the Merchants were got through the Channel safe into Ireland and 〈◊〉 with Sixty Men of War was gone East-ward to Convoy two hundred Merchant Men Trading to the East-Country 14. Complaints from Cornwall against the Free-booters of France who took many English Vessels and of the want of Convoys for Trade on that Coast Order for Thanks to God within the House for the Preservation of the Fleet. Vote that the Lord Whitelock shall go Ambassador from this Common-wealth to the Queen of Sweeden and Referred to the Council to prepare Instructions for him Debate for Ease of the publick Charge by multiplicity of Officers and unnecessary Charges 16. Letters of a Defeat of some few of the Highlanders of three Dutch Prizes brought in Petition of Purchasers of Sir John Stowels Estate Ordered to enjoy their Purchases quietly The Act passed for the Relief of Creditors and poor Prisoners An Act passed for Continuance of the Jurisdidiction of the County-Palatine of Lancaster in Serjeant Bradshaw and Mr. Fell. 17. Of a Ship richly Loaden belonging to Hambrough Wracked near to Plymouth Leters of the King of Seots being again fallen sick at Paris That a Hurrican in the Barbadoes cast away thirteen Ships there of the English Of Shipwracks at the Severn-mouth and at Mine-head that the storms beat in the Pyrats and two of them were cast away at Anglesey 19. Letters from Collonel Lilburn Commander in Chief of the Parliaments Forces in Scotland Of the conveniency of the Harbour in Lewes-Island of Fortifications appointed there Of a quarrel between the Lord Lorn and Glencorn Of great Shipwracks upon the Northern Coast of the English Vessels Petition from the Town of Sudbury Deploring the want of Fruitfulness for Mercies and owning Instruments of good and fearing the Judgment of Elies House they Pray That burning Lights may be placed in all parts of the Land and maintenance provided for them That ignorant and Scandalous Preachers may be ejected and not readmitted and the un-Gospel-like power of Patrons may be taken away 20. Referred to a Committee to consider how to Sell Forrest Lands Order for a Bill to have Probats of Wills in all Countries Order for the House to Sit in a Grand Committee to Rectifie the inequallity of Taxes Proposalls touching Guernsey and Jersey and touching a Mine of Coals in the New Forrest Letters of surprisal of the Town of Enchusen by the States for their Riotous and Mutinous carriage Orders of the States for Trial of the Dutch Captains who neglected their Duties in the late Ingagements with the English at Sea 21. Orders for Farming of the Excise Orders for a Bill for the Sequestring the Estates of Delinquents since January and a Sixth part of their Estates to be given to the Discoverers 23. Letters of Murders committed by the High-landers upon English Soldiers under pretence of Friendship and Treacherously and the Murderers applauded by the Scots for it Ministers Accused and Committed for Praying for the King Of Prizes taken by the English Ships and sent into Yarmouth Road. 24. Letters of Part of the Fleet come into the Downs and the Resolution and others come into Chatham Of the French Pyrats increasing and having Commission from the King of Scots 26. Of the Irish Pyrats taking English Vessels Of the bitter Enmity of the French especially at Brest against the English and their entertainment of the Dutch and the King of Scots Ships joyning with the Dutch That the Lord Lorn went to his Fathers Tenants in the Highlands to rise with him or else that he would take them for Enemies 27. The Act passed for the Adventurers in Ireland The Bill passed for Relief of Creditors and poor Prisoners Order to Admit the Countess of Derby to Composition 28. The Recorder of Winchester Mr. Hooper and others brought into the House a Petition from the well affected in Hampshire in behalf of the the Ministers against taking away of Tithes being above Five Hundred Years growth Confirmed by Magna Charta c. The Petitioners had Thanks for their good Affections That Mynheer Opdam had accepted the Command of Lieutenant-Admiral of the Dutch Fleet. 29. Letters that Colonel Cobbet had landed Eight Companies in Mula Island and gave Notice to the Inhabitants of the Cause of his coming they with the consent of the Marquiss of Argyle submitted to the English Government Of a Ship cast away on the Coast of Scotland wherein were the provisions for the Army and another wherein 60 men were drowned and but one saved Of Colonel Cobbet's subduing divers Castles in the Highlands the Inhabitants and Soldiers flying away and making no resistance and at last came to an Engagement to act nothing prejudicial to the Parliament of England and to pay Sâ—sses as other Countries 30. The Lord Taffe sent to the Highlanders in answer to their Message to the King of Scots Letters of Dutch Prizes sent into Aberdeen and of six Dutch Prizes sent into Leith October 1653. Octob. 1. Frigots sent Westward All the Parliaments Frigots repaired and sent out again
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
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
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
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
and his Countenancing Orthodox Ministers and frequenting the publick Ordinances The Sweeds had good Success in Poland and in Muscovia Collonel Harvey committed to the Tower The Swedish Ambassador had Audience and related to the Protector his Masters successes A Paper of the Special Commissioners for Charitable uses read in the Churches in London inviting discoveries Cracovia was Surrendred upon Articles to the King of Sweden The Major-Generals and their several Commissioners met in several Counties to execute their Commissions The Protector and his Councel referred to Sir William Roberts and others the Examination of the Accounts of Collonel Harvey and Collonel Langham upon which they stand Committed The Ratification of the Treaty with the King of France returned by Monsieur de la Bastile the Kings Ambassador under the Kings hand and then the Protector ratified it and it was Sealed with the Great Seal of both Parties A Declaration for a publick Fast A Commission for appointing Justices of the Peace in Scotland Major Rolt arrived in Poland Envoy from the Protector to the King of Sweden A Declaration for a New Assessment The Peace between England and France proclaimed in London The French Ambassador by Invitation dined with the Protector The Swedish Ambassador having often solicited the Protector that Commissioners might be appointed to Treat with him and none being yet appointed he grew somewhat impatient and the more because none of the Grandees would vouchsafe to visit him by reason of a former Order of the long Parliament prohibiting the Conversing with Forreign Ministers neither were they willing that the Ambassador should come to them at which he wondred being so contrary to the Practice in his Countrey December 1655. Instructions published by the Protectors Councel in Scotland for the Justices of Peace in that Kingdom and for Constables and they Order the former Great Seal and Privy Seal there to be brought in The Tories in Ireland brought in the Copy of a Letter from Queen Christiana to the King of Sweden of her declaring her self to be of the Roman Catholick Religion and some Complements to the King Divers Ministers sent for by the Protector whom he acquainted with the Proposals made by Manasseth Ben Israel the Jew and referred them to the Consideration of the Ministers and others A Day of Fast publickly kept The French Ambassador went away A Brest Man of War with Commission from the Duke of York brought in the Queen Christianaes Absolution from the Church of Rome A French Man of War sunk by one of the English Fleet the Peace not being yet known Instructions to the Majors-General to take Security of all who had been in Armes for the King for their Peaceable demeanour and obedience to the Protector Audience to the Envoy of the Duke of Brandenburgh A Conference with Manasseth Ben Israel about admitting the Jewish Nation to Trade in England The Swedish Ambassador had audience The Protestors in Scotland Petitioned with Reasons against the Power of the Civil Magistrate in Church matters as contrary to Law and Scripture The Queen Christiana of Sweden Honourably received at Ferrara Additional Instructions to the Major-Generals Letters of Mr. Mannings being put to death by King Charles at Duynwald for holding Correspondence with those in England He was a Servant to Sir Edward Hyde and shot to death Audience to the Venetian Ambassador No Commissioners being yet come to the Swedish Ambassador he grew into some high expressions of his Sense of the neglect to his Master by this delay which was excused and the Protector made acquainted with it who thereupon promised to have it mended and to send suddenly to the Ambassador Mr. Meadow by Command of the Secretary of State Translated the Sweedish Treaty made by Whitelock January 1655. An Arch-Rebel in Ireland taken A Committee appointed for the business of Piedmont most of the Protectors Councel were of it Orders by the Protectors Councel in Scotland touching Delinquents payment of their Fines The Committee for Piedmont were very careful of the poor Protestants there to send relief to them The Envoy of the Elector of Brandenburgh had private Audience with the Protector Letters of the King of Sweden's prosperous Successes The Major-General and Justices of the Peace in Shropshire made strict orders for the suppressing of Drunkenness and Disorders and of Ale-Houses Players taken in New-Castle and whipt for Rogues The Sheriffs of the Several Counties declared Popish Books burnt in London The King of Sweden had a Son born at Stock-holm he was Baptized Charles Donnah o Derry the Arch Irish Traytor who had Murthered many English was Hanged at Dublin Letters of a Gallant action performed by the English in Jamaica against the Spaniards in the Indies An agreement made between the King of Sweden and the Elector of Brandenburgh The Lord Deputy Fleetwood and Collonel Sydenham told Whitelock that his Highness and the Council had appointed them to acquaint him with a Business of very great importance which is that they considering the present Condition of Affairs did hold it necessary forthwith to send an extraordinary Ambassy to the King of Swedeland about a business of the greatest Consequence and Honour that could be and most conducing to the good of the Protestant cause which was the uniting of that Interest preventing the differences that were likely to fall between that King and the Vnited Provinces and the Elector of Brandenburgh for which ends they had thoughts of Whitelock and Sir Christopher Pack to go to the King as Ambassadors from his Higness Whitelock thought he had enough of Danger and Trouble in his former Ambassy without the least reward or acknowledgment of his Service therein but instead thereof and notwithstanding the Success which God gave him yet at his return home he found Neglects and Slightings and was removed from his place of Commissioner of the Seal and was 500 l. out of Purse upon his Accounts These Considerations stuck with him and made him endeavour by all handsome pretences to be excused that Service And when Collonel Sydenham spake in commendation of Sir Christopher Pack Whitelock replyed that they might send Sir Christopher alone for he did not apprehend a necessity of sending two Ambassadors together They both to that said that the intention of sending Sir Christopher Pack was to manifest the Engagement of the City in this business and in it to put an honour upon them Whitelock alledged also that the King of Sweden's Ambassador here might probably conclude upon the Business intended without sending one from hence to him The Lord Deputy said that the Ambassador here had no Instructions for it Whitelock told him the Ambassador here he believed had instructions sufficient or might have them before Ambassadors could go from hence to Sweden And that to send him now who had been so lately with the same King would give an alarm to all the Popish Princes and
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
and Henry Nevil and their Flock were a great cause of disturbance in this Parliament The Commons voted That in all messages to and Conferences with the other House equal Ceremonies should be used and no other respect observed by the Members of this House than what is observed by the Members sitting in the other House 6. The Dutch assisted the King of Denmark and the English assisted the King of Sweden 14. On the sixth of this Month a Representation was signed by all the Officers of the Army and afterwards presented to his Highness setting forth their want of pay the insolencies of the Enemies and their designs together with some in power to ruin the Army and the good Old Cause and to bring in the Enemies thereof to prevent which and to provide against free quarter they desire his Highness to advise with the Parliament and to provide effectual remedy Now there being yet nothing done hereupon the Souldiers began to speak high and threatning This was the beginning of Richard's fall and set on foot by his Relations Desborough who married his Aunt and Fleetwood who married his Sister and others of their Party and the Parliament disputed about the other House but took no course to provide money but exasperated the Army and all those named of the other House The Commons sent up the Declaration for a publick Fast to the other House who answered that they would take it into further consideration and the Lord Commissioner Fiennes and the rest went to the Bar to receive the Message The Speaker Mr. Chute died an eminent man in his profession Mr. Bamfield was chosen Speaker The Quakers delivered a Paper to the Speaker seconding the Representation of the Army and adding to it and the Houses answer was that they disliked the scandals therein cast upon the Magistracy and Ministry and ordered them to resort to their Habitations and apply themselves to their callings and submit to the Laws and Magistracy of the Nation 17. His Highness sent for the Officers of the Army and had conference with them The Commons sent up to the other House several Votes derogatory to that House and distastfull to the Army 20. A Representation from the Officers of the trained Bands of London to his Highness of the danger from the publick Enemy and seconding the Representation of the Army 21. The Parliament grew into heats Haslerigge and Nevil and their party laboured to overthrow the Government by a Protector and two Houses of Parliament and pretended to have a free Commonwealth divers Officers of the Army joyned with them Desborough Fleetwood Sir Henry Vane Berry and others endeavoured to lessen Richard's power and some of them were for altering the Government and Lambert who had been discontented closely wrought for that end Richard advised with the Lord Broghill Fiennes Thurloe Wolseley Whitelocke and some others whether it were not fit to dissolve the present Parliament most of them were for it Whitelocke doubted the success of it and wished a little longer permission of their sitting especially now they had begun to consider of raising money whereby they would engage the Souldiery but most were for the dissolving of the Parliament in regard of the present great dangers from them and from the Cavaliers who now flocked to London and under hand fomented the Divisions 22. By Commission under the Great Seal to Fiennes and others this Parliament was dissolved and a Proclamation issued to declare it dissolved which caused much trouble in the minds of many honest men the Cavaliers and Republicans rejoyced at it Richard and his Council sate close to consult what was fit to be done and among them were many Enemies to Richard and his Government 23. Many were much troubled at these changes and unsettledness 24. A Proclamation for all Papists and Cavaliers to depart twenty miles from London 27. Lambert and other Officers of the Army consulted how they might again bring in the old Members of the Parliament whom themselves had before thrust out May 1659. 3. Richard was abused and betrayed by his near Relations and those of his Council Whitelocke was wary what to advise in this matter but declared his judgment honestly and for the good of Richard when his advice was required 4. The Souldiers and their party grew high in their imagined designs that some could not forbear their Scoffs 5. News of Sir George Ayscoughs favour with the King of Sweden All matters were at a stand the Army had thoughts of raising money without a Parliament but upon advice they durst not adventure upon it they thought it a safer way to restore the Members of the long Parliament The Great Officers of the Army were advised to consider better of their design of bringing in the Members of the Old Parliament who were most of them discontented for their being formerly broken up by Cromwel and did distast the proceedings of the Army and whether this would not probably more increase the Divisions and end in bringing in of the King but the Officers had resolved on it 6. Fleetwood and the General Council of the Officers of the Army published a Declaration inviting the Members of the long Parliament who continued sitting till April 20th 1653. to return to the exercise and discharge of their trust The Declaration was as followeth THE publick concernments of this Commonwealth being through a vicissitude of dangers deliverances and backslidings of many brought into that state and posture wherein they now stand and our selves also contributing thereunto by wandring divers ways from righteous and equal paths and although there hath been many essays to obviate the dangers and to settle these Nations in peace and prosperity yet all have proved ineffectual the only wise God in the course of his providence disappointing all endeavours therein And also observing to our great grief that the good Spirit which formerly appeared amongst us in the carrying on of this great work did daily decline so as the Good old Cause it self became a reproach We have been led to look back and examine the cause of the Lords withdrawing his wonted presence from us and where we turned out of the way that through mercy we might return and give him the glory And among other things call to mind that the long Parliament consisting of the Members which continued there sitting untill the 20th of April 1653. were eminent Assertors of that Cause and had a special presence of God with them and were signally blessed in that work the desires of many good people concurring with ours therein we judge it our duty to invite the aforesaid Members to return to the exercise and discharge of their trust as before the said twentieth day of April 1653. And therefore we do hereby most earnestly desire the Parliament consisting of those Members who continued to sit since the Year 1648. until the 20th of April 1653. to return to the
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
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