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
per An. allowance for the Bishop of Armagh and for one thousand and thirty Pounds for Col. Thornehagh who raised a Troop of Horse at his own Charge Another Petition of divers Londoners against those Members who sat during the Force upon the Parliament The Petitioners in the House were told that the Parliament had already setled this business and that it was the duty of every English man to acquiesce in the Judgment of the Parliament An account from Major General Lambert of the ordering of his Forces in the North of the agreement with the Vale-men about Quartering his Soldiers and about suppressing the Moss-Troopers The Lord Chancellor of Scotland and the Lord Lannericke expected in England 6. A Petition to both Houses about sending of able gifted men though not Clergy-men in Orders to preach the Gospel in barren places of the Kingdom and that the like persons were admitted to Preach the Gospel in the beginning of Queen Elizabeth her Reign and that such men may receive incouragement and Protection from the House Referred to a Committee to consider of a way how such Persons so to be sent may be first examined The Ordinance for setling the Presbyterian Government re-committed to have a Clause inserted in favour of â—tender Consciences And this to be sent to the King with the other Propositions 7. The House spent all the day in a grand Committee about Tunnage and Poundage The General Councel of the Army sat at Putney about the business of their Pay Col. Jones marched forth against the Rebels and took good Booties from them but they declined fighting 8. Debate about the Commissioners of the Customs and about this Winters Fleet. New desires from the Army were 1. That their Arrears may be paid out of the Sale of Deans and Chapters Lands and the remainder of the Security of Bishops Lands and Sale of Forrest Lands 2. That the Moneths Pay for the Army may speedily be Collected by such as the Parliament shall appoint 3. That the Propositions may be drawn up and speedily sent to his Majesty Referred to the Committee of the Army as to the Collecting of the Months Pay 9. The House was called and a hundred and fifty of their Members absent and twenty pound Fine was set on every one that was absent and a Committee appointed to examine the absence of the Members and their excuses and a new day set for their appearance and the respective Sheriffs to Summon them The Duke of Richmond Marquess Herford Marquess Ormond Earl of Dorset Earl of Southampton Lord Seymour and some others came to the King to Hampton-Court intending to reside there as his Councel but the Army declaring against it they returned back again The General Councel of the Army had conserence with a German who gave himself out to be a Prophet and they considered of their own pay and the Pay of the Northern Forces 11. Debate of the desires of the Army in relation to their Pay and Arrears in a grand Committee and it was voted That they should be paid out of the Excise and Goldsmiths-Hall and the Arrears to be secured out of Bishops Lands and Deans and Chapters Lands and the like for pay for the Forces in Ireland Order for a thousand pound for Sir Thomas Maleverer who raised two Regiments of Foot and one of Horse for the Parliament in part of his Arrears It was reported that Mr. Maynard got in the last Circuit seven hundred pound which was believed to be more than any one of the profession ever got before 21. Much debate of the Ordinance of Tunnage and Poundage and voted that if the Commissioners will advance thirty thousand pound they shall not be removed till they be reimbursed all that shall be owing unto them which the Commissioners agreed to do An Ordinance for the levying of the Arrears of the Army and the Power of the Commissioners of the Army when they shall come away to be transferred to the Committee of the Army was sent up to the Lords Order for a Committee of the Militia of Hertfordshire Another Letter from the General and his Councel to the Parliament for a Provision of Pay for the Army and for Ireland and to prevent the Misery of the free quarter and for Money for disbanding Forces And of the Arrears of the Tax not paid in and that the High Sheriff may levy the Assessments and that the Arrears of the Army may be audited and satisfied out of Deans and Chapters Lands This Letter referred to the Committee appointed to consider of providing Pay for the Forces of England and Ireland Both Houses pass'd an Ordinance for collecting all the Arrears of the Assessments for Sir Thomas Fairfax's Army Letters from Col. Jones of the great wants of the Forces in Ireland and of his resolution to fight the Rebels if he can force them to it Order for supplys for Col. Jones A Committee to examine all complaints against such as use the Common-Prayer Order for Mr. Du Moulin to be History Professor in Oxford Order touching the Earl of Portland's business of the Isle of Wight and for the Agent of the Duke of Florence to be free from Excise Col. Monke joyned with Col. Jones in Ireland against the Rebels 13. Upon debate of the settlement of the Presbyterian Government it was voted That the King be desired to give his consent to such Acts as shall be presented to him for setling the Presbyterian Government for three years with a provision that no person shall be liable to any question or penalty only for Non-Conformity to the said Government or to the form of Divine Service appointed in the Ordinances And that such as shall not voluntarily Conform to the said Form of Government and Divine Service shall have liberty to meet for the Service and Worship of God and for exercise of Religious duties and Ordinances in a fit and convenient place so as nothing be done by them to the disturbance of the Peace of the Kingdom And provided that this extend not to any toleration of the Popish Religion nor to any Penalties imposed upon Popish Recusants nor to tolerate the practice of any thing contrary to the Principles of Christian Religion contained in the Apostles Creed as it is expounded in the Articles of the Church of England Nor of any thing contrary to the Point of Faith For the ignorance whereof men are to be kept from the Lords Supper nor to excuse any from the Penalties 1 Eliz. 2. for not coming to hear the word of God on the Lords day in any Church or Chappel unless he can shew a reasonable cause or that he was hearing the word of God Preached or expounded elswhere These were the Lords Votes The Commons Voted That the Presbyterian Government be established till the end of the next Session of Parliament That the Tenths and Maintenance belonging to any Church shall be only to such as can submit
as they give satisfaction 3. That publick Justice may be done upon some Capital causers and actors in this War 4. That the rest upon submission may have mercy for their lives 5. That the Souldiers may have their arrears and publick debts be paid out of Deliquents Estates 6. That a period be set to this Parliament and a provision for new and more equal Representatives of the People Then they offer rules for this Representative power and that it be the Supream power That no King be hereafter admitted but upon Election of and in trust for the People by such Representative That the General settlement be done by this Parliament and established by a general contract and agreement of the People with subscriptions thereunto and none to be capable of benefit by this agreement without subscribing thereunto nor any King be admitted to the Crown or any other to any Office without Subscribing to it These things they press as good for this and other Kingdoms and hope it will not be taken ill because from an Army and so servants when their Masters are servants and trustees for the Kingdom This Remonstrance induced a long and high debate some inveighing sharply against the insolency of it others palliated and excused the matters in it and some did not stick to justify it most were silent because it came from the Army and feared the like to be done by them as had been done formerly in fine the debate was adjourned 27. Ordinance transmitted to the Lords touching the Sale of Bishops Lands Order to stay all process against any for selling Tobacco without licence from former Patentees of that Monoply and referred to a Committee to examine that matter the like order touching the Office of Wine licences An additional proposition past by the Commons to be sent to the King that he would pass such Acts as should be presented to him by both Houses for strengthning the Vnion between England and Scotland Both Houses agreed to continue the Earl of New-Castle one of the seven to be excepted from Pardon and Sir Jo. Byron to be put in for another in stead of Sir John Winter Order of both Houses for three thousand pound for Colonel Rossiter and all the Forces in Lincolnshire except his Troup to be disbanded Letters from the Isle of Wight that the King refused to pass any thing against the Marquess of Ormond until the Treaty be wholly ended and that he adheres to his former resolution concerning Bishops and that their Lands be leased only for 99. years and not sold The Commissioners of the great Seal sate in Chancery without Sir Tho. Widdrington and heard many Motions till past two a Clock then the new Serjeants came in their party-coloured Robes and their servants and the Gentlemen of the Inns of Court with them after they were come the Judges of the Kings Bench and after them the Commissioners of the great Seal went to the Common-Pleas Court where they sate in the middle of the Bench the Chief Justice of the Kings Bench on the Right hand of the Earl of Kent and the Lord Chief Baron on Whitelocks Left hand and the other Judges on either hand of them in their antiquity and the Barons of the Exchequer on a form on the Right side of the Court. The new Serjeants were brought up in their antiquity singly by two of their Elder Brethren to the bar where they Counted and when they had done a Gentlemen their Friend appointed by them did deliver their several Rings to the Earl of Kent first then to my Lord Grey next to Whitelock then to the Chief Justice and Chief Baron and to the rest of the Judges and Barons in their Antiquity This ceremony held till past four a Clock in the afternoon 22. Orders touching levying the assessments and disbanding supernumerary Forces Upon a Report from the Committee of the Army the House approved of the General his drawing the Army into Towns and Garrisons and of his Listing no more Forces and disbanding supernumeraries An Ordinance past for five thousand pound out of the Delinquents Estates in Essex for the gratuity promised to the Souldiers that were before Colchester Upon the desire of Colonel Birch a Member of the House the place of high Steward of Lemster with the profits thereof was conferred on him being void by the Delinquency of Sir Walter Pye And upon the desire of M r Thomas Waller of Grey's Inn Order for the Commissioners of the great Seal to pass a Patent to constitute him the Judge of the Isle of Ely Letters from the Hague that six more of the revolted Ships were come in and that a Challenge past betwixt Prince Rupert and the Lord Culpepper The Commissioners heard some causes and a few Motions in Chancery and then rose and went to the Kings Bench where they did swear Serjeant Brown a Judge of that Court Sir Thomas Widdrington made a short speech to him which he answered and then took the Oaths of Allegiance and Supremacy and of a Judge Then the Earl of Kent delivered to the Secondary of the Kings Bench the Patent for him to be a Judge of that Court which was read and afterwards the Earl of Kent delivered the Patent to Sergeant Brown and he took his place of the third Judge of that Court. From thence they went to the Common-Pleas where Sir Tho. Widdrington made a short speech to M r Sergeant S r John and Sergeant Bedingfield who answered him and then their Patents were read and delivered to them and Sergeant S r John was sworn Chief Justice of the Common-Pleas and Sergeant Bedingfield the Puisne Judge of that Court. From thence they went back to the Kings Bench where Whitelock made a short speech to Sergeant Jermyn and he answered him and then his Patent was read and delivered to him and he took the Oaths and his place of a Fuisne Judge of that Court. From thence they went into the Exchequer where Sir Thomas Widdrington spake not long to M r Gate who answered him and was sworn and received his Patent and was made a Baron of that Court. 23. Letters from the Isle of Wight with his Majesties ultimate answer concerning Bishops That he cannot with a good conscience consent to the total abolition of the function and power of Bishops nor to the intire and absolute alienation of their Lands as is desired because he is yet per swaded in his judgment that the former is Apostolical in the institution and that to take away the latter is Sacriledge Neither can his Majesty communicate in a publick form of Divine service and administration of the Sacraments where it is wholly uncertain what the Minister will offer to God To this the Commissioners answered That it was not the Apostolical Bishop which the Bill desired his Majesty to remove but that Episcopacy which was formerly established by Law in this Kingdom grown up to an height of outward pomp and
to hunt after them a Party of the Enemies Horse fell suddenly upon them and took 64 of them Prisoners That Mr. White who formerly betrayed the Bogg of Allen to the Rebeils coming from them to Dublin was met with and killed by the Tories That the Lord Deputy Ireton came to the Siege of Catherlow and sent Collonel Axtel with 1100 Horse and Foot to Tecrohan That the Lady Fitz-Gerald whom the Souldiers called Col. Mary she defending Tecrohan wrote to her Husband for Supplyes else that she must be forced to surrender upon Conditions and that none in the Castle but one doth know her wants 22 Letters of much trouble in Scotland by reason of the Army of English Sectaries marching Northwards That one Whitford another of the Assacinates of Dr. Dorislaus was executed in Scotland as one of Montrosses Party 24 Letters that the King had left Holland and either was already or would shortly be in Scotland That a Holland Ship Loaden with goods for Edenburch was taken by the Parliaments ships and brought to Newcastle That the Scotch Levyes proceed apace and some Lords are questioned for having a hand in the Invasion of Montross 25 Orders touching the Forces marching Northwards and about Recruits for Ireland and for Widdows maintenance whose Husbands were slain in the Parliaments Service An Act passed for continuance of the Committee for the Army and Treasurers at War An Act passed for constituting M. G. Skippon Commander in chief of all the Forces in London and the Lines of Communication The Act touching Articles of War continued for six Months Debate of an Act for suppressing Raunters An humble Acknowledgment to the Parliament from the Gentlemen and well affected of South-Wales with thankfulness and Profession of their future duty and Obedience And the Speaker gave them the hearty Thanks of the Parliament The juncto of the Councel of State with whom Cromwel consulted having Intelligence of the Kings resolution for Scotland and of the Laws there made of Forces to assist him in his intended Invasion of England whereof they had more than ordinary assurance They thought it therefore not prudent to be behind hand with their Enemy nor to be put to an after Game to stay till they should first invade England but rather to carry the War from their native Country into Scotland As to the Objection that their invading Scotland would be contrary to the Covenant they were satisfyed that the Covenant was by the Scots broken and dissolved before and was not now binding betwixt the two Nations and the levying of Forces In Scotland and marchinng some of them to the Borders of England with the Hostile Acts done by them formerly were sufficient Grounds for the Parliament to provide for the Security of themselves and Countreymen the which could not be so effectually done as by carrying the War which they designed upon us unto their own Doors Upon these and many other weighty considerations it was resolved here That having a formed Army well provided and experienced they would march it forthwith into Scotland to prevent the Scots Marching iuto England and the Miseries accompanying their Forces to our Conutreymen The Ld. G. Fairfax being advised with herein seemed at first to like well of it but afterwards being hourly perswaded by the Presbyteriam Ministers and his own Lady who was a great Patroness of them he declared himself unsatisfyed that there was a just ground for the Parlament of England to send their Army to Invade Scotland But in case the Scots should invade England then he was forward to ingage against them in defence of his own Country The Councel of State fomewhat troubled at his Excellencies scruples appointed Cromwel Lambert Harrison St. John and Whitelock a Committee to confer hereupon with Fairfax and to endeavanr to satisfy him of the Justice and lawfulness of this undertaking The Committee met with the L. G. Fairfax and being shut up together in a room in Whitehall they went first to Prayer that God would direct them in this business and Cromwel began and most of the Committee prayed after which they discoursed to this effect Cromwel My Lord General we are commanded by the Councel of State to conferr with your Excellency touching the present design whereof you have heard some debate in the Councel of marching the Army under your Command into Scotland and because there seemed to be some hesitation in your self as to that Journey this Committee were appointed to endeavour to give your Excellency Satisfaction in any doubts of yours which may arise concerning that affair and the Grounds of that resolution of the Councel for the Journey into Scotland Lord General I am very glad of the Opportunity of conferring with this Committee where I find so many of my particular Friends as well as of the Commonwealth about this great business of our March into Scotland wherein I do acknowledge my self not fully satisfyed as to the grounds and justice of our Invasion upon our Brethren of Scotland and I shall be glad to receive satisfaction therein by you Lambert Will your Excellency be pleased to favour us with the particular Causes of your Dissatisfaction Lord General I shall very freely do it and I think I need not make to you or to any that know me any Protestation of the continuance of my Duty and Affection to the Parliament and my readyness to serve them in any thing wherein my Conscience will give me leave Harrison There cannot be more desired nor expected from your Excellency Whitelock No Man can doubt of the Fidelity and Affection of your Excellency to the Service of the Commonwealth you have given ample Testimony thereof and it will be much for the advantage of their affairs if we may be able to give you satisfaction as I hope we shall touching the particular points wherein your doubts arise St. John I pray my Lord be pleased to acquaint us with your particular Objections against this Journey Lord General My Lords you will give me leave then withall freeness to say to you that I think it doubtful whether we have a just cause to make an Invasion upon Scotland With them we are joyned in the national League and Covenant and now for us contrary thereunto and without sufficient cause given us by them to enter into their Country with an Army and to make War upon them is that which I cannot see the justice of nor how we shall be able to justify the lawfulness of it before God or Men. Cromwel I confess My Lord that if they have given us no cause to invade them it will not be justifyable for us to do it and to make War upon them without a sufficient ground for it will be contrary to that which in Conscience we ought to do and displeasing both to God and good men But My Lord if they have invaded us as your Lordship knows they have done since the national Covenant and contrary
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
such Officers as have engaged themselves for the service of Ireland some disorders began in the four Regiments of Norfolke about this business but Major Huntington and other Officers pacified them 27. Four Officers of the Army informed against for obstructing the service of Ireland in the Army were sent for up by the Sergeant at Arms. Upon a Message from the Lords touching the Army the Commons resolved that the Army Horse and Foot should be Disbanded with all convenient speed and six Weeks Pay to be given them at their Disbanding Some Officers of the Army in the name of themselves and the rest of the Officers presented to the House a vindication of the particulars in their late Petition Setting forth the great sence they had of some misrepresentation lately made to the House of their Actions and Intentions by which as they conceived it is endeavoured to Alienate the Houses of Parliament from that their ever Trusty and Obedient Army That the accomplishing thereof would much rejoyce their and the Kingdoms Enemies they desire liberty to Petition as Souldiers now and hereafter as Members of the Common-Wealth and that their integrity might be vindicated from such false suggestions and reports as had been formerly made and raised against them and suggested to the House Here it was observed by some that a Victorious Army out of imployment is very inclinable to assume Power over their Principals and this occasioned the Parliaments greater care for their imployment for Ireland One Ensign Nichols of the Army sent up by the General to the Parliament Major General Skippon declared himself willing to accept the Imployment to which he was Voted for Ireland The Lord L'Isle returned from thence The Common-Councel of London outed of the old Commissioners for their Militia Alderman Pennington Foucke Warner and Kenricke and Collonel Wilson Collonel Player and Collonel Tichburne and agreed upon a new List of Commissioners for their Militia They received from the Parliament of Scotland Letters of thanks for their affection and respect to the Covenant and Union of both Nations and they Ordered thanks to be returned to the Scots Commissioners who presented them Some proceedings were upon Mr. Eastwicks and Mr. Bretts not taking the Covenant 28. The Monthly Fast-day 29. Order for a Writ for a new Election Order for continuing the Commissioners of the Seal and the Commissioners for hearing Causes in Chancery for ten days after the Term. Vote that Sir John Brampston be one of the Judges of the Common Pleas and that Mr. Walter Long be continued Register of the Chancery The Assembly attended the House with their advice upon the thirty nine Articles and the Confession of Faith with the Texts upon both of them Order for six hundred Copies of them to be Printed for the use of the Houses and Assembly and they had the thanks of the House given them The thanks of the House given to Field Marshal Skippon for his compliance and not denying himself to serve the Publick in Ireland and one thousand pounds bestowed upon him for his services 30. Debate upon the Petition and Vindication of the Army and Major General Skippon in the House produced a Letter presented to him the day before from some Troopers in the behalf of eight Regiments of the Army of Horse wherein they expressed Some reasons why they could not engage in the service of Ireland under the present Conduct and complaining of the many scandals and false suggestions that were of late against the Army and their proceedings whereupon they were taken as Enemies and saw designs upon them and many of the Godly Party in the Kingdom and that they could not engage for Ireland till they were satisfied in their expectations and their just desires granted Three Troopers Sexby Allen and Sheppard who brought this Letter were examined in the House touching the Drawing and Subscribing of it and whether their Officers were engaged in it or not They affirmed That it was first drawn up at a Rendezvous of several of those Regiments and afterwards at several meetings by Agents or Agitators for each Regiment and that few of their Officers knew or took notice of it Those Troopers being demanded whether they had not been Cavaliers it was attested by Skippon That they had constantly served the Parliament and some of them from the beginning of the War and being asked concerning the meaning of some expressions in the Petition they answered That the Letter being a joynt Act of those Regiments they could not give a punctual answer being only Agents but if they might have the Quaeries in writing they would send or carry them to those Regiments and return their own and their answers These Troopers were ordered to attend the House upon Summons and after several Votes passed for prevention of disorder in the Army Major General Skippon Lieutenant General Cromwel Collonel Ireton and Collonel Fleetwood were Ordered to go down to the Army and acquaint them That the House would provide a considerable sum of mony for them before their Disbanding and their Arrears should be audited and an Ordinance to be brought in for Indemnity for acts done tempore loco belli Vote of both Houses for Sergeant Godbolt to be a Judg of the Common Pleas and for Mr. Rich and Mr. Hakewel Masters of the Chancery to sit with the Commissioners of the Seal to hear Causes Both Houses Ordered their Commissioners in Scotland to return The Accounts of Sir John Clotworthy Ordered to be certified May 1647. May 1. The Receipts of Goldsmiths-Hall Ordered by both Houses for part of the security for the two hundred thousand pounds to be borrowed of the City and that the Common-Councel be acquainted with it Ordinance for securing mony to some poor men who could not lend more Six thousand pounds and Ammunition Ordered for Collonel Rainesborough for reducing Jersey Order for payment of mony to Mr. Potter A Proclamation by Sir Thomas Fairfax pursuant to an Order of the House that all Officers of his Army do within twenty four hours repair to their Charges The Committee of both Houses met with the Common-Councel about security for the Loan of two hundred thousand pounds 3. The Provincial Assembly of London met at St. Pauls and Doctor Gouge was chosen their Prolocutor about settling the Presbyterian Government Both Houses past the Ordinance for regulating the University of Oxford there was also a numerous Committee for Appeals Letters from Scotland informed that Kolkitoth in the Marquess of Argiles Country put to the Sword Men Women and Children that Lieutenant General Lesley was Marched against him Forces Shipped away for Ireland 4. Divers Citizens of London attending for an answer to their Petition were called in and the Speaker told them That the House did not approve of their Petition The Commissioners for the Militia of London approved and their Ordinance passed and thanks Ordered to the old Militia Commissioners Letters from the Sheriff of Oxon
Regiment resolved that the Votes would not be satisfactory except six or seven of them their reasons were Because eight weeks Pay voted was not a considerable part of their Arrears and that no visible security was given for what should not now be paid and that nothing was done for their vindication they being declared enemies they might be dealt with as enemies when they came home unless that Declaration were recalled After this a Petition was Read which had been presented to the General in the name of the private Souldiers of the Army desiring a general Rendesvouz of the Army before their Disbanding It being an amazement to them to hear that some of the Army were so soon to be Disbanded before all their grievances redressed The Councel of War resolved to contract the Quarters of the Army nearer to the Head Quarter in the mean time Ireton and Lilburne Okey Rich and Harrison were appointed to draw up some Heads of advice to be presented to the General by the Councel of War not above five or six Officers differing from it They show the necessity of the Officers complying with the Souldiers who would have a general Rendesvouz without their Officers if not by their consent and the spoil to the Country by such a disorderly drawing together and draw up a Declaration to the General to that purpose past by all but four or five and That his Excellency would be pleased to represent to the Parliament the condition of the Army and that they would be pleased to reassume the Votes lately passed and to suspend any present proceeding upon them and some satisfaction to be given to the grievances of the Army Relation That Collonel Fenwickes Troop in Ireland defeated a Party under the Earl of Westmeath on great disadvantage where Captain Farrington one Lieutenant on Ensign and sixty Souldiers of the Parliaments were slain and the Rebels lost three hundred Wherein Captain Standley did gallantly and of several other successes there Whitelocke's friends in the House and some others who would have been rid of him had moved that he might be sent Lord Justice into Ireland to exercise the Civil Government as Field Marshal Skippon was to Command on the Military part who was very willing to have his company but Whitelocke was not free to undertake that charge in Ireland And now Cromwel and his Party were against his going away and more than formerly desired his company and began to use his advice in many things June 1647. June 1. Divers Compositions past but the Titles which they had since the War were altered as for Sir Peter Ball Kt. they stilled him Peter Ball Esq and so of the rest Ordinance for thirty thousand pound for such as had advanced sums upon the publick Faith and were now become indigent Letters from Sir Tho. Fairfax That he had called a Council of War and communicated to them the Letters and Votes of the Parliament and sends the results of the Council saith it is a grief to him that there should be a misunderstandding between the Parliament and the Army and that the late Votes did not give satisfaction wisheth that things may be determined in Love and ways of composure thought upon that the Officers were many and unanimous and a speedy resolution taken Order that the Money sent to disband the Generals Regiment be recalled the like for Col. Inglosby's Regiment and the Commissioners sent to the Army to be recalled That Field Martial Skippon do forthwith attend the House The Lords agreed The Lords desired concurrence of the Commons to take off the Sequestration of the Duke of Bucks 2. Information against Sir Richard Price a Member of the House bearing Arms against the Parliament notice to him to attend the like aganst Sir Philip Percival referred to a Committee Three thousand pound recalled that was to have been paid to Col. Ingolsby's Regiment was stopped by some of Col. Rainsboroughs men and many come into Oxford A Petition of the City with a thousand hands read and laid aside Order that the Forces drawn for Ireland shall have a Months pay Order for three thousand pound for Widows c. 3. Vote for an Ordinance to enable Soldiers to assign their debenters and that Officers be protected from arrests for two Months whilst they attend the Committee of Accounts That Officers in Prison should have their arrears first audited and paid and accounts left with the Committee shall be of equal benefit to the Officers who attend the Parliaments Service as to any others and that the Accounts be expedited Order that the Common Soldiers shall have all their Arrears deducting for free quarter the like for non-Commissioned Officers to have three months Pay and a Letter to acquaint the General with what the House had done in persuance of the desires of the Army and to signifie to him their desire of his care to keep the Army in an orderly posture Order for ten thousand pound for the Officers whose Accounts were stated And that the Declaration against the Army be razed out of the Journal of the House and the Lords desired to do the like and here the Parliament began to surrender themselves and their power into the hands of their own Army The General 's Regiment came nearer to the Army of their own accord some of the other Regiments marched without their Colours and divers Troops were very disorderly 4. An Ordinance of Indemnity more large than the former was committed and Orders for an Act of Oblivion to be brought in Order to continue the Commissioners of the great Seal for forty days after the Term and the Ordinance for hearing Causes in Chancery Letters from the Commissioners at Holmeby with an inclosed Note delivered in by Cornet Joyce and Capt. Titus related the coming of a Party of Horse to Holmeby Fifty pound ordered to Titus to buy him a Horse A Petition of Soldiers referred to the Auditors to state their accounts Order for ten thousand pound for the Petitioners The Lords desired the Commons concurrence to recall the Kings Children to London and to a Letter to the General they agreed to the first Two Members of the House that fell out were injoyned by the House to keep the Peace 5. Letters from Holmeby from the Commissioners informed that a Party of Horse sent from the Committee of Troopers of the Army came to Holmeby where after they had secured the Guards they demanded his Majesty the Commissioners amazed at it demanded of them what Warrant they had for what they did but they would give no other account but that it was the pleasure of the Army When they came to his Majesty he demanded several questions of them as security for his Person c. which they promised and the next day his Majesty and the Commissioners went along with this Party towards the Army That night the King lay at Huntington Mr. Walford the Commissioners Messenger was called into the House and related the particulars
the Kings hand for diverting the Ships pretended for the relief of Rochel another for sending Ammunition to York in the beginning of the War the House ordered the Committee to Print such of them as they thought fit Divers Sheriffs passed Order for a Judge to go down upon the Commission of Oyer and Terminer to try the Mutineers in the Isle of Wight Order for a Collection for Bridge-north and no Collection to be but under the Great Seal Letters from the Isle of Wight informed That the King sent for the Governor Col. Hammond and asked him the reason why he had given order for dismissing his Majesties Servants and whether it stood with the Engagement to them who had so freely cast themselves upon him and with his Honour and Honesty That the Governor told the King That his Honour and Honesty were in the first place to them that imployed him and next that he thought the King could not but confess that he had done more as things stood for him than he himself could have expected Then the King asked him whether the Commissioners were privy to this Order He said no the King demanded of him by what Authority he did it he said by Authority of both Houses of Parliament and that he supposed his Majesty was not ignorant of the cause of his doing thus The King professed the contrary and the Governor replyed that he plainly saw his Majesty was acted by other Councels than stood with the good of this Kingdom The Garrison of Hull sent Letters of thanks to the General for continuing Col. Maleverer to be their Governonor 11. Sir Hardress Waller acquainted the House That the General had commanded seven Collonels of them with other Officers of Quality in the name of the Army to make their humble address to the House and they have presented their intentions in writing in that which is called a Declaration which shall either have name or life or be exposed to view according as it shall receive approbation and direction from the House It was to this Effect Reciting the high Violations of the Kingdoms Rights and Liberties and endeavour to swallow them up in the Power and Will of a King the necessity of the Parliaments vindicating the Kingdom and their tenderness towards the Kings person and Rights so as might be consistent with and not destructive to the great and more obliging interest of Religion and the Rights and Liberties and safety of the Kingdom and not otherwise That the Army have declared and endeavoured the same and several addresses have been made to the King for those ends and in the Parliaments last address to him they insisted only upon some few things so essential to the interest of the Kingdom that without betraying the safety of the Kingdom and themselves and all engaged with them and without denying that which God in the issue of this War hath been such a Testimony unto they could not go lower and those things granted they have offered to treat for all the rest That upon the Kings denyal of these things they can see no further Hopes of settlement or Security that way Therefore understanding that upon debate of that denyal added to so many others the House of Commons by several late Votes resolved not to make any further Address or Application to the King nor receive any from him nor to suffer either in others They do freely and unanimously declare for themselves and the Army that they are resolved through the Grace of God firmly to adhere with and stand by the Parliament in the things then Voted and in what shall be further necessary for prosecution thereof and for setling and securing the Parliament and Kingdom without the King and against him or any other that shall hereafter partake with him This Declaration was twice read and the House Voted that they did approve of it and ordered that the thanks of the House be returned to the General and the Army for it A Petition from the Provincal Assembly of London referred to the Committee of Grievances and the Petitioners had thanks An Ordinance read and debated for Collecting twenty thousand pound a month for the Service of Ireland Order for ten pound to bury Captain Harris his Widow 12. The House gave thanks to some Merchants who had procured a Collection of Charity in the United Provinces of thirty one thousand two hundred and eighteen pound for the relief of Ireland Order for raising forty thousand pound forthwith for the Navy and thirty thousand pound more as soon as may be Order about sending some Divines to the Isle of Wight Letters from Vice-Admiral Rainsborough That he had appointed a guard of Ships for the Isle of Wight and for the Irish Coasts Order for five thousand pound for the Lord Brook's Son Both Houses passed an Ordinance for forty thousand pound to be raised out of the Earl of Worcesters Estate for the Service of Ireland Several Compositions passed 13. An Ordinance pass'd for repair of the Church of Taunton A Petition from the East-India Company referred and another from the Levant-Merchants Divers Compositions passed 14. Order that Delinquents be put out of the Line Upon Information of a new design of the Kings Party Orders for re-manding the Earl of Cleaveland to the Tower and for Sir Lewis Dives to be kept in safe Custody and for Mr. Sollicitor to prosecute him and Sir Jo. Stowel and Judge Jenkyns to Tryal the next Term and that the Lord Major and Justices do cause to be prosecuted at this Sessions the late Rioters in Fleet-street Order that the General take course for the safety of the Parliament And that he send some Horse and Foot to be Quartered within the Liberties of Westminster and to prevent inconvenience to the inhabitants That the Foot be Quartered in Whitehall and the Horse be Quartered in the Meuse 15. The Lords agreed to the Votes of the Commons That no more Addresses be made to the King and the Commons agreed with the Lords Preamble to those Votes and that they be Printed and published and that all who shall do contrary to those Votes shall be Sequestred Power to the Militia to imploy persons for the finding out and apprehending Delinquents who stay within the Lines Divers Compositions passed 16. Part of Col. Baxter's Regiment Quartered in White-Hall 17. Debate touching Sequestrations and against the Partiality of Committees Papers from the Scots Commissioners That they were speedily to return to Scotland and their desire of an answer of former Papers and what they shall return to the Parliament of Scotland and about the Arrears due to that Kingdom Orders for Money for Dover-Castle Some Delinquents committed who stayed in London contrary to the Ordinance and Order given by the House to the Regiments at White-Hall and the Meuse to apprehend and bring before a Justice of Peace such Papists and Malignants as they shall find in Town contrary to the Ordinance The House pass'd a
none shall be imployed but men of integrity 8. They desire a Committee of the Assembly to joyn with a Committee of the Parliament in stating the matter upon which any ingagement shall be To this answer the Commissioners of the Assembly made a reply adhering positively to their former desires and that they were not satisfied with the answer of the Estates of Parliament Other Letters that the Scots Parliament have agreed upon these things 1. To raise an Army for the safety of both Kingdoms 2. That none who have been in opposition to the two Parliaments shall be of this Army 3. That by this Army they will defend the Covenant and the King if he take the Covenant 11. A Relation made from the Militia of London to the Common-Councel of the Tumult they voted That by this Tumult and Outrage the City was in great danger of destruction if the same had not been prevented and that the City would have been exposed to the fury and rage of the Malefactors That they disavow and detest it and they appointed the Committee of the Militia to make known the same to the Parliament and humbly to pray them That their Order may issue to the Ministers of London to return thanks to God for this great deliverance and that they would order a Commission of Oyer and Terminer to try the Malefactors and they acknowledge the Army raised by the Parliament to be the instruments under God of this great deliverance They ordered their humble thanks to be returned to the General for his timely aid to the City in this occasion and they thanked the Committee of the Militia for their care in raising men and sending to the General and approved what they had done and they acknowledged the pains and care of the Lord Major Sheriffs and Magistrates The Common Councel declared that it is the duty of every Citizen by himself and all under his command to be ready upon all occasions to be aiding and assisting to the Lord Major and Magistrates for the suppressing of all Tumults and Disorders within the City 12. Letters from the Commissioners in Scotland That they had demanded of the Parliament of Scotland Sir Philip Musgrave and Sir Thomas Glemham according to the Treaties and had yet no answer concerning them nor Captain Wogan The six Lords impeached put in their answer of Not guilty An Ordinance passed for the jurisdion of the Admiralty for three years Order to restrain felling of Timber in the Forrest of Dean and New-Forrest and that the Timber fit for Shipping be imployed for the Navy Ordinance re-committed concerning the Militia of Westminster and the Hamblets of the Tower The Speaker with the House of Commons went up to the Lords House where Widdrington and Whitelock were sworn Commissioners of the Great Seal the Earl of Kent and the Lord Grey being sworn before and the Great Seal was delivered to them The Committee from the Common Councel came with their Message to the Houses touching the Tumult but they being risen the Committee went to the General to present to his Excellency the thanks of the City for his great care and pains in the speedy suppressing the late Tumult and they were entertained by the General with great respect and favour 13. Proposals touching the Excise referred to the Committee of both Houses for the Excise An Ordinance sent up to the Lords for appointing Doctor Clerk Doctor Exton and Dr. Dorislaâ—â—s to be Judges of the Admiralty Debate touching the setling of the Summers Fleet and some Commanders agreed upon for it The Commissioners of the Great Seal had a stipend setled upon them for the time of their being Commissioners and ordered to be paid by the Commissioners of the Customs and the Commission was revived for the hearing of Causes in Chancery The Committee from the Common Councel presented to the House the Narrative of the Tumult and the Votes of the Common Councel concerning it and with their desires and the House ordered a publick thanksgiving for it in London and that the Posts and Chains about the City be taken down and ordered a thousand pound for a gratuity to the Officers and Soldiers at White-Hall and the Meuse for their gallant Service in that action Order for thanks to the General for his care in this business and that Disaffected and Idle Persons be removed out of the Tower and the Regiment there to be made up a thousand and twelve hundred Horse to be there The Committee delivered the same Message from the Common Councel to the Lords and had the same answer as from the Commons Letters from Wales that Col. Poyer increased in strength there 14. The Assembly presented to the House the Catechism perfected with the Scriptures noted in the Margin and had the thanks of the House for their pains Some who were Officers in Ireland under the Lord Inchequin came over into England and one of them Major Elsing came to the House and informed them that the Lord Inchequin was revolted from the Parliament and joyned with the Rebels and indeavoured to perswade all his Officers to joyn with him therein Order to recal their Commissioners going to Munster and the House declared all power granted by Parliament to the Lord Inchequin to be void and that no Officer or Soldier should submit to his Command and the Lord Inchequin to be a Rebel and Traitour and a Declaration ordered to be brought in to that purpose 15. Order for mony for the Forces Quartered in the Tower The Lords communicated to the Commons a Letter from the Duke of Lorrain which was referred to the Committee of the Admiralty Reference and power given to the Committee of Monmouth and Glamorgan to apprehend such as were guilty of Tumults and Insurrections there Order for the General to add four hundred more Foot to the Forces in the Tower and for mony to buy Bedding c. for them The Ordinance past both Houses to prohibit felling of more Wood in the Forrests of Dean and New-Forrest Order for more forces to be sent into Munster in Ireland 17. Upon information of a Sermon yesterday Preached at Grays-Inn Scandalous to the Parliament order to apprehend the Minister as a Delinquent and to take into custody the Barrister who procured him leave to Preach till he produced the Minister Order for Sir Hardress Waller to be Governour of Pendennis Castle Both Houses past an Ordinance for a thousand pounds per ann Salary for the Commissioners of the Great Seal to each of them And that the Commission for hearing Causes in Chancery be renewed and Dr. Bennet and Mr. Elkenhead added to the Commissioners Divers Ordinances past for Compositions and Sir Oliver Cromwels remitted for his Kinsman Lieutenant General Cromwels sake A List passed for the Summers Fleet for the Irish Seas under Vice Admiral Crowther and he to receive Orders from Vice Admiral Rainsborough who had Orders about reducing of Poyer Debate
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
the place for Tryal of the King should be Westminster-Hall and that in order thereunto the King should be brought from Windsor to London The Commissioners of the Seals heard some Cause in the Queens Court some told 'em for News that new Commissioners of the Great Seal were to be appointed Sergeant Bradshaw Sergeant Thorpe Sergeant Nicholas this was supposed to be discourse only as some would have it 14. The Lords day in the Evening a visit to Mr. Speaker who seemed much unsatisfied with the proceedings of the Army especially with an apprehension that they design to put him out of his place and to claim all by conquest The times were indeed full of dread and danger and of trouble and change which caused many a perplexed thought in sober men who yet put their trust in God and resolved to depend on him and to go on in the way wherein he had set them whilst they were permitted 15. The Declaration passed for revoking the former vote for taking off that of non-addresses to the King and for justifying the present proceedings of Parliament Order for one thousand pound for defraying incident charges for Tryal of the King A Petition from the Common Council of London desiring the House to proceed in the execution of justice against all Capital actors in the War against the Parliament from the highest to the lowest That the Militia Navy and places of power may be in faithful hands for recovery and increase of trade and to endeavour the setling of the Votes that the supreme power is in them upon foundations of righteousness and peace and that they resolve to stand by them They also presented a Narrative of the carriage of the Lord Mayor and some Aldermen denying to concurr with them in this Petition and departing the Court The House approved what the Common Councel had done and gave them thanks and appointed a Committee to consider of their desires The High Court of Justice sate and heard the Charge against the King and appointed a Committee to peruse it and the proofs of the matters of fact and Ordered to move the Parliament to adjourn the Term for fourteen daies in respect to this Tryal A Declaration read at the Council of the Army of the grounds of their present proceedings justifying them and making apologies for themselves that they seek no particular advantage by the agreement of the people by which they have discharged their consciences and their duty to their native Country in their utmost endeavours for a settlement unto a just and publick interest Letters from France of great troubles there and Forces raised by the Queen Regent the Cardinal Mazarine and their Party and Parisiens the Parliament and the Prince of Conde and other grandees of that Party 16. An Act passed for adjourning the Term for fourteen daies Another Act passed for regulating the Clerks Fees of the Navy and Customs and discharging unnecessary ones Now the Commons stil'd what were before Ordinances at this time Acts of Parliament Papers from Scotland not acknowledging the House of Commons a Parliament laid aside and not read Private Letters from Scotland that the Parliament there nemine contradicente did dissent from the proceedings of the Parliament of England 1. In the toleration of Religion in Order to the Covenant 2. In the Tryal of the King 3. In alteration of the form of Government Letters from Pontefract that the Enemy keeps up in hope of relief that Major General Lambert was very active in disbanding the Militia Forces The Commissioners of the Seals heard Demurrers in the Queens Court work men being in Westminster-Hall to make the Chancery and Kings Bench into one Court taking down part of either Court and making Scaffolds 17. Referred to the Committee of Derby House to bring in a list of names of some to be sent Commissioners to the Parliament of Scotland now sitting and to keep a fair correspondence between the two Kingdoms Order for Mr. Kiffin and Mr. Knolles upon the Petition of Ipswich-men to go thither to preach A Petition with large subscriptions from the Isle of Wight Portsmouth Southampton c. representing their grievances and remedies A Committee appointed to consider of this and all other Petitions of this nature and to begin with those of most concernment to the present settlement The High Court of Justice sate and caused the Charge against the King to be abbreviated they Ordered a Sword and Mace to be carried before them The Commissioners of the Seal heard some causes in the Queens Court and an Act of the House of Commons being brought to them for adjourning the Term they were required to issue forth Writs for that purpose They rose and advised together about it the two Lords Commissioners with them refused to joyn in signing a Warrant for those Writs because the Lords House did not concur in this Act. Sir Thomas Widdrington and Whitelock thought fit to acquaint the House herewith and there some moved to send up to the Lords for their concurrence but most of the House opposed it as a waving of their own authority having already without the Lords past an Act for it and so it was laid aside Sir Thomas Widdrington and Whitelock sate in the House till four a Clock and went then to the Earl of Kent and the Lord Grey to acquaint them with what the House had done in this business and advised them to move the Lords House in it themselves which the Earl of Kent did stick at Then Sir Tho. Widdrington and Whitelock went to some of the Judges and advised with them whether the Term might not be adjourned without any Writ and they seemed to be of Opinion that it could not 18. Major General Massey one of the secluded Members made his escape from St. James's where he was Prisoner The Lords sent down an Ordinance which they had past to the House of Commons for their concurrence and it was the same in effect for adjourment of the Term which the Commons had past before But the Commons having before voted That they were the supreme power and that all Committees which before were of Lords and Commons might after that Vote Act though the Lords joyn not they would not own the Lords as formerly by agreeing to this Ordinance Whitelock was in the House at this Debate and excused the two Commoners Commissioners of the Great Seal for their scruple in this business withal expressing their readiness to observe and obey the commands of the House of Commons 19. An Ordinance long debated and at last committed touching Delinquents paying in the remainders of their compositions or else to be sequestred again The place of Lieutenant of the Ordnance was formerly given to Sir Walter Earl now one of the secluded Members it was now snapt at by others and a motion made to give it to another Member but referred to a Committee The High
as both shall agree to stand with the Laws of Ireland 13. That the Council table meddle only with State matters 14. Act against transporting wooll to be null 15. Those wronged by grants to have relief 16. Wronged persons to have right 17. Restitution of Estates 18. An Act of oblivion to pass 19. Customs not to be farmed and Monopolies to be taken away 20. The Court of Castle-Chamber to be regulated 21. Acts forbidding ploughing with Horses by the tayl and burning Oats in the Straw to be nulled 22. An Act to take off grievances 23. Maritime causes to be determined in Ireland 24. No rents to be raised under pretence of defective titles 25. Interest money to be for given from 1641. 26. All this to be acted till a Parliament agree it 27. That the Catholick Commissioners agree upon such as shall be Justices of Peace and hear all causes under ten pound 28. All Governours of Forts to be by approbation of the Catholick Commissioners 29. None of the Kings rents to be paid till a further settlement by Parliament 30. Power of the Commissioners of Oyer and Terminer 31. Differences in Ireland to be tryed there and not in England 32. The Roman Clergy not to be molested 33. That his Majesty grant whatever else is necessary for the Catholicks Prince Rupert was upon the Irish coast with sixteen Ships many vessels were taken by him A Petition to the General and his General Council of War from the well affected Inhabitants of Lincolnshire much to the same effect with others lately presented to him and to the Parliament and which are before mentioned Two men measuring some ground in Windsor forest were asked by what Authority they did it they showed a kind of Warrant from Lieutenant General Cromwell desiring all Officers of the forest Souldiers and others to permit these men to set out some Land c. in regard there was no Justice in Eyre It were to be wished that such men as Lieutenant General Cromwell would not so irregularly meddle with such matters as these are the men were forbidden to make any divisions of the Land or ditches about it till further order 27. A Declaration passed that a Book lately published entituled the second Part of Englands new Chains discovered contained matter false Scandalous Seditious Mutinous and tending to raise a new War that the Authors and publishers of it were guilty of Treason and referred to the Council to find them out Anno 1649 Letters from Major General Lambert with the Articles of the surrender of Pontefract Castle A Letter and Petition from the Grand Jury of Yorkshire acknowledging with humble thanks the justice of the Parliament in their late proceedings and ingaging to joyn with them and desiring Pontefract Castle may be demolished and some other Forts thereabouts Vote for three hundred pounds per annum to be setled on Major General Lambert out of Pontefract honour for his good service The Lancashire Forces submitted to disband and quitted Clithero Castle Order for that Castle to be demolished and that the Council of State consider what other Inland Castles are fit to be demolished Sir Henry Cholmely sent for upon complaints against him Instructions for the Scots Commissioners to their new King were 1. That he take the Covenant 2. To put from him all who have assisted his Father in the War particularly Montross else not to Treat with him 3. To bring but one hundred with him into Scotland and none who have assisted his Father in Arms. 4. To bring no Forces into Scotland from other Nations without their consent Marquess Huntley was beheaded at the Cross in Edenburgh Letters from the Hague that the Queen of England invited Prince Charles her son into France that the States inhibited their Ministers from insisting upon matters of State and in their Pulpits and particularly not to meddle with Englands or other Kingdom 's proceedings 28. Upon a Report from the Council of State of the particulars for incouragement of those who shall ingage for Ireland with Lieutenant General Cromwell the House referred them back again to the Council to perfect Upon a Report from them of the Earl of Ormond's proclaiming the King in Ireland c. the House voted the Earl a Traitour and an Act to be brought in to attaint him Order for a Letter of thanks to Colonel Jones and a gratuity Order that no Ministers shall teach in their Pulpits any thing relating to State affairs but only to preach Christ in sincerity and an Act to be brought in for penalties to those who shall do otherwise Orders for money given away A new day given to the Lord Mayor to conform to the order for proclaiming the Act against King-ship or to give an account to the House why he hath not done it 29. The House sate not The Council of State upon examination of Lilburn Walwyn and others who owned the Book called England's new chains did commit them to the Tower The Estates of the Netherlands summoned and examined their Ministers and disallowed what they had done in relation to King Charles II. And forbad them all to meddle with State matters in their Pulpits without leave of the Magistrate The Council of State perfected the particulars for incouragement of those who shall ingage for Ireland and Lieutenant General Cromwell declared himself willing to undertake that service 30. Vote that Gresham Colledge be not exempted from the assessment to the Army nor the Doctors in Doctors Commons nor the Counties in Wales formerly exempted Order that the Speaker do sign such Letters as shall be thought fit by the Council of State to the States of Hamburgh touching Merchants Upon a Petition of the Borough of Southwark of the inequality of their rates with the County of Surrey the House held their desires just and Ordered that in all future rates they should pay the eight part of that assessed upon the County of Surrey Order for the Committee of Goldsmiths Hall to form the Votes concerning compositions of Delinquents and to have them printed and published that none may plead ignorance of them Referred to the Committee of the Army to make provision of four thousand Cassocks and breeches to be disposed of by the General to his Foot Souldiers in regard of the smallness of their pay Upon the Report of Alderman Atkins that the Lord Mayor desired to be excused from proclaiming the Act for abolishing Kingly Government the House Ordered that he be summoned to attend at the Bar to answer his contempt and disobedience herein 31. Upon a Report from the Council of State that Lieutenant General Cromwell accepted of the service for Ireland and would endeavour to the utmost of his power with Gods assistance to carry on that work against the Rebels and all that adhere to them Voted that the House doth approve of Lieutenant General Cromwell to be Commander in chief of all the
of Colonel Rainsbourgh and both excepted persons at the rendition of the Castle were taken at Lancaster in disguises Letters from Hamburgh that the servants of C. Cockeram there laid wait for the Minister going to preach in the English House and attempted to murder him but he was rescued by the Citizens 5. The House commanded Whitelock and his Brother Commissioner L'Isle to bring the Great Seal into the House to lye upon the table for the more solemnity because the new elected L. Mayor was to be presented this day to the House for their approbation they brought the Seal accordingly and at the door of the House Whitelock took the purse by one corner of it L'Isle by the other carried it up with usual reverences and laid it on the table they were both of them in their black velvet gowns the first time of their wearing of them The new L Mayor was according to order presented to the House by their Common Sergeant Mr. Proby who made an indiscreet speech the House Ordered thanks to the Aldermen and Common-Hall for their good choice which they approved of but not of the speech of Mâ— Proby Order to swear the L. Mayor after the new Oath An Act committed touching compositions for Delinquency and Sequestrations and giving an Appeal to the Barons of the Exchequer instead of the former Appeal to the Committee of Lords and Commons for Sequestrations Reference to the Committee of the Navy of a complaint of the Spanish Ambassador and Petition of parties interessed concerning an old business of the Spanish Ship taken by Sir W. Waller A Committee appointed to receive complaints touching abuses in the Forest of Dean and destruction of the Timber 6. A Report from the Council of State for sending out some Ships speedily and appointing Commanders of them was approved by the House and referred back to the Council to expedite the sending forth of those Ships Vote that the Justices of Peace in the several Counties shall be Commissioners in the Act of assessment of 90000l. per mensem for the Forces and the Act was passed and ordered to be printed Order that the L. Mayor and Justices of Peace in London do put in Execution the statutes 5 Eliz. c. 4. and 1 Jac. c. 6. for setling the wages of Artificers and for their better relief in these dear times and the like to be done by the Justices of Peace in all Counties A Petition from divers well affected in Oxford-shire with their desires referred to a Committee and a Petition from the City of Oxford referred to the same Committee and the Petitioners had the thanks of the House Order for the rents allotted to the Prince Elector to be paid unto him Order for Mr. Garland to bring in an Act to remove all Malignant and disaffected Magistrates and that they may be incapable of bearing any office in the Common-Wealth 7. The Act for the assessment of 90000 l per mensem for the Forces in England and Ireland passed and Ordered to be printed A Committee appointed to advise with the General and Officers of the Army how upon the due payment of this ninety thousand pound per mensem free quarter may be wholly taken off Order that the four Aldermen and the late Lord Mayor Reynoldson now Prisoners be disabled from being Aldermen and the Common Council to elect new Aldermen in their places Vote that Major General Brown and Sir John Clotworthy Prisoners be brought to Tryal Captain Mountain proclaimed King Charles II. in Moulton in Yorkshire and a Parliament man came into the Town presently after and did not question it 9. The Act passed touching Compositions of Delinquents Order for the Committee of Delinquents to bring in an Act for rules of an Act of oblivion and that the Committee of the Army bring in an Act for a Committee and Treasurers for the monies for the Army Upon a Report from the Council of State L. G. Cromwell Sir Hen. Vane jun Alderman Wilson and others were appointed to treat with the Common Council of London for the borrowing of 120000 l for the service of Ireland upon security of the assessment of ninety thousand pound Order for money for disbanding the Lancashire Forces A Committee appointed to receive Informations against Major General Brown touching his ingagement with the Scots and with the Earl of Holland c. and against Sir William Waller Sir Jo. Clotworthy and Copley and other Prisoners Letters from Scotland that they are in high discontents and faction and the Prince expected to come and reconcile them Letters from New-Castle of a Ship of Corn taken by the Irish that the poor there are many of them ready to starve and the meaner sort not able longer to pay assessments not having bread to feed their families Eight Ships of the Irish Rebels taken by the Parliaments Ships 10. Debate of several acts for prohibiting Ministers to meddle with State affairs in their Pulpits And for prohibiting the Eating of Flesh meat certain daies in the Week for a time and for abating prizes of Corn and to forbid the making of malt for a time And of a Declaration of the Parliament of their resolution to settle Religion according to Presbytery and a full maintenance to the Ministers Order that the Speaker Mr. of the Rolls the Judges and Masters of the Chancery should have a Commission under the Great Seal to sit and hear causes in the Rolls in absence of the Lords Commissioners of the Great Seal Orders for money for several Forces The Council of War found Colonel Poyer guilty upon the Articles charged against him Upon a Report that the twelve thousand English designed for Ireland intended to march into Scotland they went on there to raise their defensive Army of ten thousand Discontent in London about the unequal laying of the assessment the Rich men being under-rated and the poorer men over-rated 11. A Report from the Council of State of several proposals agreed upon as to the Forces that shall go for Ireland was confirmed by the House and the Commitment of Lilburn and his fellows by the Council was approved by the House and Ordered that they be tryed by the Common-Law and Mr. Atturney Prideaux to prosecute them in the upper Bench. A Proclamation published by the General for the observation of former orders for the Army and that no Officer be absent from his charge without leave and to prevent misdemeanours of the Souldiers At the Council of State some discourses among them of sending Whitelock Ambassadour extraordinary into Holland Against this he laboured and urged the burden of the business in Chancery lying upon him and which gave most satisfaction and as he believed in this jealous age did prevent his journey he urged my Lord Willoughbies being in those parts which by reason of their relation might with some men raise a jealousie upon him They again urged the fitness of him for this imployment his
need of it nor of Cloaths more than to cover nakedness That they will not defend themselves by Arms but will submit unto Authority and wait till the promised opportunity be offered which they conceive to be at hand And that as their Fore-fathers lived in Tents so it would be suitable to their condition now to live in the same with more to the like effect While they were before the General they stood with their Hats on and being demanded the reason thereof they said because he was but their fellow Creature being asked the meaning of that place Give honour to whom honour is due they said their mouths should be stopped that gave them that offence This was set down the more largely because it was the beginning of the appearance of this opinion and that we might the better understand and avoid these weak perswasions The Council of the Army after a solemn seeking of God by prayer cast Lots which Regiments of the old Army should go for Ireland there were fourteen Regiments of Horse and fourteen of Foot of the established Army which came to the Lot And it being resolved that four Regiments of Horse and four of Foot should go upon the service ten Blanks and four Papers with Ireland writ in them were put into a Hat and being all shuffled together were drawn out by a Child who gave to an Officer of each Regiment in the Lot the Lot of that Regiment and being in this impartial and inoffensive way no Regiment could take exceptions at it The Regiments whose Lot it fell to go were of Horse Iretons Scroopes Hortons and Lamberts of Foot Ewers Cooks Hewsons and Deans Several troops of Dragoons and all the Officers whose Regiments were to go expressed much forwardness Letters from the Hague that the Swedish Ambassadour there saluted the King of Scotland and condoled the death of his Father and that he and the Danish Ambassadour invited the States to joyn with them in assisting the King of Scots to gain his birth-right 21. Monies charged upon the Excise Ordered to be taken off from that Receipt and charged upon Deans and Chapters Lands Order that the Speaker be Authorised from Time to Time to Sign such Letters as should be agreed on by the Council of State to be sent to the States of the United Provinces The General sent an Order for Major General Laughern Colonel Poyer and Colonel Powell to draw Lots which of them should die the other two to be spared their lives In two of the Lots was written Life given by God the third Lot was a Blank the Prisoners were not willing to draw their own destiny but a Child drew the Lots and gave them and the Lot fell to Colonel Poyer to die The Commissioners sate in Chancery by seven a Clock in the Morning and heard many motions because two of the Motion daies in this Term were disappointed by the Fast-days After the Motions they heard eleven Causes then they rose 23. An Act recommitted for setting the Poor People to work and punishing Vagrants The Act for punishing Criminal matters by the Court of Admiralty passed The Act passed for repealing the former Act for observation of a Monthly Fast and requiring such to be kept as Fast-days which should be appointed by special order of Parliament Licence given for the French Ambassadour to transport eight Horses and eight Mares Custom Free The Amendments passed to the Act for Sale of Deans and Chapters Lands and Rowland Wilson Esq was Voted one of the Trustees Vote for one hundred pounds per annum for Mounsieur du Moulin out of the twenty thousand pound per annum for Augmentation to Ministers Some hundreds of Women attended the House with a Petition on the behalf of Lilburn and the rest it was reproachful and almost Scolding and much to the same effect with former Petitions for them An Act passed to authorise the Court of Admiralty to proced to Sentence in divers causes notwithstanding prohibitions to the contrary Colonel Popham one of the Admirals was out at Sea with one Squadron of Ships Colonel Blake and Colonel Dean the other two Admirals were with another Squadron in the Downs A petition to the General and Officers of the Army for poor Prisoners for debt to be released A Flemish Ship bound for Ireland was taken with sixty Field Officers and one hundred other Officers Cavaliers Letters from Scotland that the Levies of Souldiers there go on apace that divers new Insurrections were in that Kingdom that their new King was unwilling to put away Montross from him The Council of State wrote to Major General Ashton to disband Captain Bambers Troop by force and to secure the Officers of it because they had disobeyed the Orders of the Council and taken Free-quarter 24. Upon a Petition from Kendal referred to the Council of State to consider of Convoys for Merchants Ships and to send to Hamburgh and other parts for Corn to be imported A Petition from Colonel Poyers wife for sparing her Husbands life laid aside The Women were again at the House with a Petition in the behalf of Lilburn and the rest but could not get it received Orders for six Commissioners of the Customs and about other Officers of the Customs The King put off his answer to the Scots Commissioners with him at the Hague telling them he was to receive the Sacrament keep a day of Humiliation and entertain several Foreign Ambassadours and until these things were over he desired to be excused The Prince Elector gave the King a Visit had a Chair set for him was desired to put on his Hat and parted friendly from the King who sent the Lord Treasurer Cottington and the Lord Keeper in his name afterwards to give the Prince Elector a Visit 25. Upon a Letter from the Earl of Northumberland the House Voted That the Lady Elizabeth one of the late Kings Children should not have leave to go beyond Seas That the Kings Children should not be put under the tuition of any Member of Parliament That Sir Edward Harrington should be intrusted with them That three thousand pound per annum be allowed to him for their maintenance The forms of the new Coyn were agreed on by the House to be thus On the one side to be the Arms of England and a Laurel and a Palm on each side with this inscription about it The Commonwealth of England On the other side of the Coyn to be the Arms of England and Ireland with this inscription God with Vs Order that the Attorney General bring in Indentures and an Act for establishing this form of Coyn. The Women Petitioners again attended at the door of the House for an answer to their Petition concerning Lilburn and the rest The House sent them this answer by the Sergeant That the Matter they petitioned about was of an higher concernment than they understood that the House
are more sensible of the money which oft makes the Case than of the Justice of the Cause which they never or seldom take to heart A general and great Grievance also Papal imposition of Titheâ— fitter for a Levitical or Romish Priesthood than for Ministers of the New-Testament to whom it proves either a snare or Scandal hardening of people and hindring the power and success of the Ministers Eating out part of the sweet and benefit of other mens Labours secretly impoverishing and discouraging the endeavour of the Husbandman They pray ease of these pressures That we may have justice given not bought Courts of Justice in all Counties so established and maintained at the publick Charge that all matters of meum tuum may be heard and determined free yet by a written Law Clerks of all Courts and Committees may do their Duties without wicked delays or taking any thing above their set Pension that Justice every where may come down like a mighty Stream free for the poorest to resort unto too strong for the richest to divert And that the hand of the Labourer may be strengthened to his work every man reaping what he Sows and not another Every one eating the Fruit of his own Vineyard with joy and gladness of Heart praising the Lord. And a more honourable way of maintenance ordered for the Ministry which easily might be effected The Parliament told the Petitioners that some of the Particulars mentioned in their Petition were already under the consideration of the House and gave the Petitioners thanks for their good Affections Letters That Collonel Venables went out with a Party 30 miles into the Enemies Countrey in Ireland and brought away 400 Cows That Galloway was upon Overtures of a Treaty That the Sheriffs in Scotland sent in their Deputies to the English Commissioners very slowly who ordered That they send in their Deputies by a day and sent for Argyle to come in to them 28. Letters That the Parliaments Forces landed in Orkney were civilly entertained by the Inhabitants That the Declaration of the Commissioners of England for nulling Kingly Power and Prerogative Courts of Justice was proclaimed at the Market-Cross of Dundee by beat of Drum and sound of Trumpet and the Magistrates of the Town attended all the time March 1651. 1. The Act of General Pardon and Oblivion was published with the Exceptions and Qualifications therein Letters That the Meetings with the English Commissioners at Dalkeith by the Deputies of the Shires were at an end That some of the Deputies especially from the Boroughs had two Commissions one signed to please the Ministers that nothing be done prejudicial to the Covenant the other full and ample to do all things conducible for the setling of the Nation That several of the Great ones are in much perplexity what to do and press their Tenants for a years Rent before-hand The English Commissioners made a further Declaration That whereas the Deputies of Shires and Boroughs have consented to the Proposals made to them from the Parliament of England The Commissioners declare That those Shires and Boroughs are taken into the special Protection of the Parliament of England and all Officers and Soldiers and others are commanded not to injure them but they are to have all favour and inconragement in the Union with the Common-wealth of England The Deputy-Governour published a Proclamation against Butchers ingrossing of Provisions to sell again in the Town of Lieth 2. An Act passed for the better discovery of Thieves and that the respective Sheriffs shall pay 10 l. to every one that shall apprehend such Thieves An offence of Collonel Gill in matter of doubling and reproaching the Parliament was confessed by him and his offence pardoned Report from the Committee of the Credentials and Oration of the Agent from the Hans Towns and particular Credentials from the Town of Hamburgh to the same Person the House referred to the Council of State to treat with the Agent and report to the House Report of the Transactions of the Council with the Ambassador of the King of Spain 3. The Committee for regulating the Law proceeded in that Business and had great Debates but little done in it 4. The Committee appointed by the Council of State to treat with the Agent of the Hans Towns attended that Business the Agent was a discreet sober Person and spake good Latin 5. A Petition to the Committee for regulating the Law for Fines upon Copyholds to be made certain c. Letters That the Deputies of the Shires and Boroughs to the Parliaments Commissioners come in very uncertain A Placart of the States of the United Provinces of their stopping Ships going out of their Harbours and their Intentions to set forth a strong Fleet the next Summer for their Fishing 6. The Adventures for Ireland made several Propositions to the Committee of Parliament and assented to their Proceedings and sent in 2 d. in the Pound for incident Charges 8. Advice touching the settlement of Affairs in Ireland 9. Papers from the Dutch Ambassadors Credentials to the Agent of the King of Denmark An Act for the better settlement of the Affairs of the Admiralty and Navy General Blake continued General of the Seas for Nine Months 10. Letters That notwithstanding the Parliaments Declaration yet the Kirk Judicatories proceed as formerly and are very high against the Parliament of England and their Army and Mr. Cant perswades his Auditory to prepare for Sufferings and presseth the Covenant and that when Parents bring their Children to be Baptized he causeth them to engage to bring them up in the Covenant A Letter written to the Lord of Drum by direction from the Presbytery of Aberdeen That they were resolved to excommunicate him unless he submit to them and rescind his Appeal He is exhorted to prevent this dreadful and direful Judgment That Presbytery is the Lords Ordinance 1 Tim. 4. 14. That Religious Swearing is not only lawful but commanded and practised by God himself The Lord Drum in his Answer to this Letter saith to the Moderator That he expected from their severity to be excommunicated summarily for his Appeal to Collonel Overton That he can neither in point of Conscience nor Honour grant the Conditions they require and yet that he doth humbly submit himself to Gods Will. That many others have spoken more freely than he against the usurped Tyrannical Power and Supremacy of your Presbyterian Inquisition to which they impute the cause of all these miseries which have befallen this Nation Yet none are persecuted by you but I and my Family whereby it is notoriously known that the only cause of your unparallel'd severity against me is my Appellation to Collonel Overton wherein I imitated St. Paul who did appeal from the Cruelty of the Pharisees to Caesar a civil Judge and no Christian Which I have the more reason to do seeing I found all your Questions to be matters of your own invention which yet
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
Gods Accompt that if he had not stept in the Disease had been mortal and destructive and what is all this Truly I must needs say a company of men still like Bryars and Thorns and worse if worse can be of another sort than those before mentioned to you have been and yet are endeavouring to put us into Blood and into Confusion more desperate and dangerous Confusion than England ever yet saw And I must say as when Gideon commanded his Son to fall upon Zeba and Zalmunna and slay them they thought it more noble to die by the hand of a Man than of a Stripling which shews there is some contentment in the hand by which a man falls so is it some satisfaction if a Common-wealth must perish that it perish by Men and not by the hands of persons differing little from Beasts That if it must needs suffer it should rather suffer from rich men than from poor men who as Solomon says when they oppress they leave nothing behind them but are as sweeping Rain Now such as these also are grown up under your shadow But it will be asked what have they done I hope though they pretend Commonwealths Interest they have had no encouragement from you but that as before rather taken it than that you have administred any Cause unto them for so doing from Delays from hopes that this Parliament would not settle from Pamphlets mentioning strange Votes and Resolves of yours which I hope did abuse you Thus you see what ever the Grounds were these have been the Effects And thus I have laid these things before you and others will be easily able to judge how far you are concerned And what have these men done they have also laboured to pervert where they could and as they could the honest meaning people of the Nation they have laboured to engage some in the Army and I doubt that not onely they but some others also very well known to You have helped in this work of debauching and dividing the Army they have they have I would be loth to say who where and how much more loth to say they where any of your own Number but I can say Endeavours have been to put the Army into a Distemper and to Feed that which is the worst humour in the Army which though it was not a mastering humour yet these took their advantage from delay of the Settlement and the Practices before mentioned and stopping the pay of the Army to run Vs into free Quarter and to bring us into the inconveniences most to be feared and avoided What if I am able to make it appear in Fact That some amongst you have run into the City of London to perswade to Petitions and Addresses to you for reversing your own Votes that you have passed Whether these practices were in favor of your Liberties or tended to beget hopes of Peace and Settlement from you and whether debauching the Army in England as is before expressed and starving it and putting it upon free Quarter and occasioning and necessitating the greatest part thereof in Scotland to march into England leaving the remainder thereof to have their Throats Cut there and kindling by the rest a fire in our own Bosoms were for the advantage of Affairs here Let the World judge This I tell you also that the Correspondency held with the Interest of Cavalleers by that Party of men called Levellers and who call themselves Common-wealths-men whose Declarations were framed to that purpose and ready to be published at the time of their Commonrising whereof We are possessed and for which We have the Confession of themselves now in Custody who confess also they built their hopes upon the assurance they had of the Parliaments not agreeing a Settlement Whether these humours have not nourished themselves under your Boughs is the subject of my present discourse and I think I say not amiss if I affirm it to be so And I must say it again That that which hath been their Advantage thus to raise Disturbance hath been by the loss of those Golden opportunities that God hath put into your hands for Settlement Judge you whether these things were thus or no when you first sat down I am sure things were not thus there was a very great Peace sedateness throughout these Nations and great expectations of a settlement which I remembred to you at the beginning of my Speech and hoped that you would have entered upon your business as you found it There was a Government in the possession of the People I say a Government in the possession of the People for many Moneths it hath now been exercised neer fifteen Moneths and if it were needful that I should tell you how it came into their Possession and how willingly they received it How all Law and Justice were distributed from it in every respect as to life liberty and estate How it was owned by God as being the Dispensation of his Providence after twelve years War and sealed and Witnessed unto by the People I should but repeat what I said in my last Speech made unto you in this place and therefore 〈◊〉 forbear When you were entred upon this Government raveling into it you know I took no notice what you were doing if you had gone upon that foot of Account To have made such good and wholsom Provisions for the good of the People of these Nation for the Settling of such matters in things of Religion as would have upheld and given Countenance to a Godly Ministry and yet would have given a just Liberty to Godly men of different Judgments men of the same Faith with them that you call the Orthodox Ministery in England as it is well known the Independents are and many under the Form of Baptism who are sound in the Faith only may perhaps be different in Judgment in some lâ—sser matters yet as true Christians both looking at Salvation only by faith in the Blood of Christ men professing the fear of God having recourse to the Name of God as to a strong Tower I say you might have had Opportunity to have setled Peace and Quietness amongst all professing Godliness and might have been instrumental if not to have healed the breaches yet to have kept the Godly of all Judgments from running one upon another and by keeping them from being over-run by a Common Enemy rendred them and these Nations both secure happy and well satisfied Are these things done or any thing towards them Is there not yet upon the Spirits of men a strange itch nothing will satisfie them unless they can put their finger upon their Brethrens Consciences to pinch them there To do this was no part of the Contest we had with the Common Adversary for Religion was not the thing at the first contested for but God brought it to that issue at last and gave it into Vs by way of Redundancy and at last it proved to be that which was most dear to us and
Armed Parties began to gather into a Body In Shropshire Sir Thomas Harris with a Party Endeavoured to surprize Shrewsbury Castle but was prevented and taken Prisoner Others were prevented at Chirke Castle endeavouring to Surprize it and the like was in other Places This Design the Protector had a jealousie was countenanced by the Parliament and he gave out that to be a cause of the Dissolving of them In Scotland Middleton and others of his Party the principal Men sent Proposals to the Parliaments Commander there upon which they offered to lay down Armes The Kings Party were very Active and had many meetings about New Castle some of their Letters were intercepted and sent to the Protector Some Quakers at Hasington in Northumberland coming to the Minister on the Sabbath day and speaking to him the Country People fell upon the Quakers and almost killed one or two of them who going out fell on their Knees and prayed God to Pardon the People who knew not what they did and afterwards speaking to the People so convinced them of the evil they had done in beating of them that the Country People fell a Quarrelling among themselves with those who occasioned it and beat one another more than they had before beaten the Quakers The Brest Men of War did much damage to the English Merchants in the Western Seas which were not well guarded by the States Ships whereof Complaint was made yet two of them were taken A great Fire happened in Fleet-street next door to the Red Lyon Inn and both Houses were burnt Letters of several Scots Commanders of the Kings Party taken by the English Forces in Scotland Major John Wildman was seized upon by a Party of Mr. Butlers Horse and carryed Prisoner from Exton near Marlborough where he was taken unto Chepstow-Castle They found him in his Chamber the Door being open leaning upon his Elbow and dictating to his Man who sat Writing by him They seized the Papers that which the Man was writing was sent up to the Protector it was thus Entituled and Written The DECLARATION of the free and well-affected People of England now in Armes against the Tyrant Oliver Cromwel Esq BEing satisfied in our Judgment and Consciences of the present necessity to take up Armes for the Defence of our Native Rights and Freedoms which are wholly invaded and swallowed up in the Pride and Ambition of Oliver Cromwell who calls himself Lord Protector of England and hath rendred all English-men no better than his Vassals we expect to be branded with the infamous Name of Rebells and Traitors or to be mis-represented both to the Army City and Country as common Enemics disturbers of the publick Peace arbitrary Cavaliers Levellers or under some other odious Notion that may provoke the Army and People to endeavour our Destruction but if we may prevail to be heard before we be Condimned and Executed we shall submit our cause and righteous End we seek to the judgment of the Army and every honest English-man and if the Army it self according to their many Engagements will undertake and their strength be sufficient to Redeem us from our present Slavery and settle that Right and Freedom unto which our Birth gave us Title we shall readily lay down our present Arms. The whole Christian World knows that our English Earth hath been Drunk with Blood these Twelve years through the great Contest for Right and Freedom and the whole Treasure of the Nation exhausted in that quarrel how then can any Man whose hand or heart hath been ingaged in that bloody Contest either acquit himself to God his Conscience or his Country in yielding up tamely and silently all the Laws Rights and Liberties of England into an Vsurpers hand We have for many years pattently born all kinds of Oppression Arbitrariness and Tyranny and suffered under such heavy burdens of Exercise and Taxes as England never knew in former Ages having been fed by him that now calls himself Lord Protector and his Army with specious pretences and most alluring Promises seconded with many appeals to God for their Integrity of heart in them that true English Liberty should be setled and secured impartial Justice provided for Arbitrary Powers Abolished and every Yoak of Oppression broken and every Burden eased And we did believe as they told us That our present sufferings were only like a rough stormy Passage to the Haven of Justice Right and Freedom we could not suspect these Ambitious Designs in Cromwell and his Confederates that are now Proclaimed to the World we could not think it possible that a Man of such a mean Quality and Estate as he should Aspire to make himself an absolute Lord and Tyrant over Three Potent Nations but above all his pretended Zeal for God and his People his high professions of Godliness Simplicity and Integrity his hypocritical Prayers and days of Fasting to seek the Lord his dissembled humility and meekness and his frequent compassionate Tears upon every occasion we say these things together with his Engagements publick and private his most solemn Protestations with Imprecations of Vengeance upon Himself and Family if he Dissembled and his most frequent Appeals to God for the truth of his Professions and Declarations that he design'd nothing but securing the Liberties of Gods People and Administration of Impartial Justice and sought no Power Honour Riches or Greatness to himself or any particular Party or Interest we say these things rocked us so asleep with the pleasant Dreams of Liberty and Justice until he hath made a Sacrifice of all our Laws Liberties and Properties unto his own Ambition and now is not afraid to own what he before disclaimed and declared against He that formerly Protested before the dreadful God and to the long Parliament That He and his Army should be wholly Subject to their Civil Authority and that whosoever should attempt any violence against them should make his way through his Blood he now owns the breaking them in pieces with scorn and contempt He that declared so much Humility and Self-denial claims and owns a Power Supream to Parliaments and exerciseth an Absolute Dominion over the Laws and Estates of Three Nations He that seemed so Zealous for Liberty now dares own every private English-man his Vassal and their Parliaments his Slaves He Publisheth in his Printed Speeches to his Parliament That the benefit all English-men have in the Execution of any Laws amongst them is from him and the Authority that their Parliaments have and shall have is wholly derived from him He hath Published to the whole World that he hath dissolved all Civil Government and that he had in himself an Absolute Vnlimited Arbitrary Power without check or controul until he put some limits upon himself if he may be believed in his paper of Government Now what Patroon in Argeire ever claimed more Mastery over his Slaves bought in the Market than this Claim of Cromwells extends unto over us If we have the benefit of the Execution
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
of Offices and desired the concurrence of the Commons to take away all Countrey Committees An Ordinance sent up to the Lords for an Assesment for the Garrison of Bristol and Glocester Vote for an Ordinance for fifty three thousand pounds per mensem assesment for the Army Debate touching the Confession of Faith An Ordinance past for constituting the three Commissioners of the Seal with a Provisoe that if any of them be chosen a Member of the Parliament he shall leave his place Vote for continuing the Seal-bearer The Ordinance past for sale of Bishops Lands and to secure the two hundred thousand pound to the Scots 14. The House sate in a grand Committee upon the Ordinance against Heresies Report of the Marquess of Ormond That he desired supplys and Moneys for the Forces with him and that he would either come to London or go beyond Sea or serve in Ireland as the Parliament pleased and surrender Dublin c. re-committed to treat further upon the surrender of Dublin and the other Garrisons A Letter from Ormond to the King and another to London laid aside not to be delivered The Ordinance for the Commissioners of the great Seal again presented to the Lords at a conferrence with some alterations as reserving power to make Justices of the Peace to present to Parsonages c. The House sent and seized at the Press the Papers of the Lord Chancellors Speeches then in Printing touching the disposal of the Kings Person and took the Printer and Bookseller into Custody for doing it without licence of the Houses though they had the warrant of the Scots Commissioners for it 15. A Pass from both houses to transport sixteen Naggs beyond Seas A Committee named to bring in an Ordinance for the Indemnity of Officers and Soldiers who have taken necessaries in the time of War and are now prosecuted for it at Law and the Committee to receive Complaints and give relief in the mean time A Letter from the Scots Commissioners desired the enlargement of the Stationer and Printer of their Speeches and the Printer and Stationer submitted referred to a further examination Ordinances sent up to the Lords for ten thousand pound for the poor Widows for four hundred pound for the poor Irish Protestants here for setling the Militia and for the Treaties with Scotland 16. A Committee named to consider of Printing the Septuagint Bible A Conference about the Printing of the Lord Chancellor of Scotland's Speeches An Ordinance sent up to the Lords for transporting of Persons to foreign Plantations The House sate in a grand Committee in the afternoon about the Assesments for the Army 17. Order that the Marquess of Hertford his Lady or others who had seized Money or Writings in Essex House should restore them to the Executors of the Earl viz. the Earl of Northumberland the Earl of Warwick and Mr. Sollicitor St. John A Committee named to whom the probate of this and all other Wills was referred and also a Petition of the Doctors of Civil Law concerning the probate of Wills Order that neither the Marquess of Hartford nor any other who had born Arms against the Parliament should go with the Corps of the Earl of Essex at his Funeral Vote for fifteen thousand pound for the Forces in Ireland and for five thousand pound for the Forces of Major General Pointz Sir Fr. Willoughby one of the Lord Ormonds Commissioners sent back to inform him what the Parliament had done 19. Debate about the Trustees for sale of Bishops Lands Order that all the Members of the House do attend the Funeral of the Earl of Essex and that the House be adjourned for that day as the Lords had done In the afternoon the House sate till six at night upon the Ordinance for sale of Bishops Lands The General with Major General Massey went to the Devizes where a rendezvous was appointed for the disbanding of such of Major General Massey's Forces as would not go for Ireland 20. One Arrested contrary to the Articles of Oxford the Serjeants sent for as Delinquents upon a certificate from Sir Tho. Fairfax Difference about the Commissioners of the Seal The Lords named four more to be added to the three named by the Commons they altered their former Vote for the three Commissioners and ordered an Ordinance to be brought in to establish the former fix Commissioners Members of both Houses Order that Col. Mitton offer resonable conditions to the Garrisons in Wales not yet reduced which if they refuse within twenty days that then they shall not be received to Mercy and referred to a Committee to consider of imploying those Forces for Ireland after the rest of the Garrisons should be reduced and a Letter sent to Col. Mitton to acquaint him with these Votes Votes for Mr. Bish to be Garter King at Arms and Mr. Bish to be Clarentiaux Mr. Riley to be Norwâ—y and a Committee to regulate their Fees Ordinance for sale of Bishops Lands The Money and Writings of the Earl of Essex taken away were restored Captain Betten voted to be Vice-Admiral of the Winter Fleet. Dunkirk was surrendred to the French upon Articles great solemnities of Thanksgiving great Guns and Bonefires for it in France 21. The House sate in a Grand Committee upon the Ordinance for Sale of Bishops Lands A Committee named to consider of regulating the Chancery and to receive complaints touching Fees of that or any other Court of Equity within the Kingdom Referred to the same Committee to consider who are fit to be Justices of the Peace and who not in all Counties The Funeral of the Earl of Essex was solemnized with great State All the Members of both Houses Sir Thomas Fairfax the Civil and Military Officers then in Town and the Forces of the City a very great number of Coaches and Multitudes of people present at it The General had been at the Devizes to disband the Brigade of Major General Massey which was done with little trouble and few of them listed themselves for Ireland From the Disbanding the General hasted up to London and was at the Funeral of the Earl of Essex 23. The old Commissioners of the Seal had been voted to be continued upon the constituting new Commissioners now the old Commissioners were voted down again and an Ordinance past and sent to the Lords to make the two Speakers Commissioners of the Seal till twenty days after this Term. This incertainty and change of Resolution in the House was much discoursed of by some who were not their friends they were reflected upon for it But they excused themselves by reason of the difference in Opinion from them by the Lords and now they began to be more apprehensive than formerly that so great a trust as the Custody of the Seal was most proper and fit to be only in their own Members Order for a Commission to enable the Master of the Rolls and the Judges to hear and determine for the