Bill was ordered to be drawn concerning the substance of Magna Charta and the other 6 Statutes The King sends another Message to the Commons to know if they will rest on His Royal Word which he will perform They debate upon it and some say his word is to be taken in a Parliamentary way He sends another Message to hasten them and that he will end this Session within a senight The Commons attend him and answer his Messages give him humble thanks for them and desire that by a Bill they may satisfy the people of their Rights and that they do not intend to incroach upon the King's Prerogative The King is contented that a Bill be past to confirm Magna Charta and the other 6 Statutes without additions After this by another Message they were pressed to rely on the King's Word In the debate hereof the Door of the House was shut They resolve upon the Petition of Right and present it to the Lords for their concurrence and resolve the times of payment of the 5 Subsidies The Lords at a Conference acquaint the Commons with a Letter from the King to them wherein he much insists upon some Cases of Committment so transcendent that they may not be discovered and which are above the capacity of the Judges but promiseth to observe the Laws and agrees that Magna Charta and the other 6 Statutes are in force and desires expedition The Lords propound an addition or saving to the Petition of Right not to infringe Sovereign Power The Commons did not like the word Sovereign Power nor any saving in the Petition of Right and gave their reasons at a Conference with the Lords why they could not agree to this saving The Lords were satisfied and both Houses concurred then the Bill of Subsidies was read and committed A charge was brought into the House by Mr. Pym against Dr. Manwaring That he by his Divinity Indeavoured to destroy the King and Kingdome The Fleet under the Command of the Earl of Denbigh sailed to Rochel and finding there some French Ships would not assault them though fewer and weaker than themselves by many degrees but after shewing themselves onely they returned and left Rochel unreleived The Council here being informed thereof and some Parliament Men Letters were sent from the Council to the Duke to order the Earl of Denbigh to go again and to releive Rochel Both Houses presented to the King the Petition of Right he promiseth a gracious Answer The Petition is read and his Answer was That Right be done according to Law and the Statutes be put in due execution This Answer did not satisfie the Commons and in debate of it Sir Jo. Elliot fell upon the publick Greivances and moved that a Remonstrance of them might be made to the King but this was by some held unseasonable yet it was seconded and a Committee made about it The King sends to the House that he will not alter his Answer and intends to conclude this Session within a week They send to the Lords the charge against Manwaring for his Sermons That the Subjects under pain of Damnation ought to pay the loan and obey the King's Will in all things He is sentenced by Fine and Imprisonment disabled to to have any Ecclesiastical preferment and to make a submission The King sends another Message to the Commons not to entertain any long business for that he will keep his time of concluding this Session and that they lay no aspersions upon the Government or Ministers of State Hereupon Sir Jo. Elliot beginning to speak the Speaker fearing that he intended to fall upon the Duke rose up and said there is a Command upon me that I must command you not to proceed in this matter The Commons declare that no undutiful speech hath been spoken by any Member Sir Ed. Coke named the Duke to be the cause of all their miseries and moves to goe to the King and by word to acquaint him Selden seconds it and moves for a Declaration against the Duke that Judgment be demanded against him upon his Impeachment in the last Parliament The King sends to the Commons to Adjourne till the next day and they did so but were in much disturbance yet upon another Message brought by the Speaker the former Restraint was qualified and the King sent also a courting Message to the Lords Both Houses agree to Petition the King for a satisfactory answer to the Petition of Right The Commons proceed about their Declaration They examine the business about raising 1000 German Horse under Balfour and Dalbier and providing Arms for them The King gave another Answer to the Petition of Right soit Droit fait comme il est desire which satisfied the Commons and all good men and is the same in the printed Act and so that excellent Law passed The Commons sent for the Commission of Excise presented it to the Lords and prayed that it might be damned The Duke is again named in the House to be mentioned in their intended Remonstrance as the cause of all their Evils Sir Hum. May Sir H. Martyn Sir Ben. Rudyard and others endeavoured to moderate the House but they Voted the Duke to be named in their Remonstrance Dr. Lambe was set upon in the Streets by the Rabble and called Witch Devill and the Duke's Conjurer and beaten that he died the Council wrote to the Lord Mayor to find out and punish the chief actors therein but none were found The Commons Voted Bishop Neal and Laud to be named in their Remonstrance as suspected to be Arminians and they named the Duke's power and the abuse of it and prayed the King to consider whether it were safe that such a person should be so near him The Remonstrance was perfected and in it complements to the King and the duty of Parliaments to make known to him publick Greivances which otherwise he could not know then they mention their fears of some Indeavours to Introduce Popery They shew the favourers of Papists and the favours to them amounting to a tolleration or little less The spreading the faction of Arminians and the practice of Popery in Ireland and the religious houses there newly founded the fear of the change of Government in the loans Billetting of Soldiers German Horse taking of Tunnage and Poundage without Grant by Parliament The Voyages to Cadez Rea Rochel want of Powder yet then the King's Powder sold the loss of trade and not guarding the Seas The cause of all the evils they conceive to be the excessive power of the Duke of Bucks and his abuse of that power and they submit to the King's Wisedom whether it be safe to continue that power or the Duke so near the King's person They desire access to the King and order the Speaker though unwilling to deliver the Remonstrance the King sends a Message that he intends to
it said in former Debates in other matters in this House that such and such a thing was of as great concernment as ever came within these Walls I am sure it may be said so of the matter of your present Debate it is truly of the greatest concernment that ever came within these Walls It highly concerns us all and our Posterity after us where the Power of this Militia shall be placed This great Power which indeed commands all men and all things cannot be too warily lodged nor too seriously considered and I do heartily wish that this great Word this new Word the Militia this hard Word might never have come within these Walls But that this House may be as the Temple of Janus ever shut against it I take the meaning of those Gentlemen who introduced this Word to be the Power of the Sword Potest as Gladii which is a great and necessary Power and properly belonging to the Magistrate Potest as Gladii in Facinerosos without which our Peace and Property cannot be maintained But Potest as Gladii in Manibus Facinerosorum in the hands of Souldiers is that whereof you now Debate and it is best out of their hands I hope it will never come there Some worthy Gentlemen have declared their Opinions that this Power of the Militia is by Right and Law in the King onely others affirm it to be in the Parliament onely I crave pardon to differ from both these Opinons I humbly apprehend that this Power of the Militia is neither in the King onely nor in the Parliament and if the Law hath placed it any where it is both in the King and Parliament when they joyn together And it is a wise Institution of our Law not to settle this Power any where but rather to leave it in dubio or in nubibus that the People might be kept in ignorance thereof as a thing not fit to be known not to be pried into It is the great Arcanum Imperii and the less it is meddled with the less acquaintance we have with it the better it will be for all sorts of persons both for King and People That this Power of the Militia is not in the King onely appears in this that the Power of Money is not in the King but it will be granted here that the power of Money is solely in this House and without the Power of Money to pay the Souldiers the Power of the Militia will be of little force But if the Power of the Militia should be in the King yet the Power of Money being in the Parliament they must both agree or else keep the Sword in the Scabberd which is the best place for it It is true that the King by his tenures may require the service in War of those that hold of him but if they stay above 40 days with him unless he give them pay they will stay no longer And it is also true as hath been observed that our Law looks upon the King as the Jewish Law did upon theirs that by his Kingly Office he is to go in and out before the people and to lead them in Battel against their enemies but by the Laws of the Jews their King could not undertake a War abroad without the consent of the great Sanhedrim And by our Law as is declared by the Statute 1 E. 3. and by divers subsequent Statutes the King can compell no man to go out of his Countrey but upon the sudden coming of strange Enemies into the Realm and how many of our Parliament Rolls do record that the King advised with his Parliament about his Foreign Wars and could not undertake them without the Advice and Supplies of the Parliament All Power of the Militia is exercised either in Offence or Defence Defence is either against the Invasion of Enemies from Abroad or against Insurrections at Home Against Insurrections at Home the Sheriff of every County hath the Power of the Militia in him and if he be negligent to suppress them with the posse comitatus he is finable for it Against Invasions from Abroad every man will be forward to give his assistance there will be little need to raise Forces when every man will be ready to defend himself and to fight pro aris focis As to Offensive War against a Foreign Enemy if the King will make it of himself he must of himself pay his Army which his own Revenue will hardly afford nor can he compell any of his Subjects to serve him in those Wars none can by Law be pressed to serve in the War but by Act of Parliament But not to waste more of your time Sir I shall conclude that in my humble Opinion the Power of the Militia is neither in the King alone nor in the Parliament but if any where in the eye of our Law it is in the King and Parliament both consenting together And I think it best that it should be there still I cannot joyn in that advice to you to settle the Militia of your selves without the King but rather with those worthy Gentlemen who have moved that we yet again should petition his Majesty that the Militia may be settled in such hands as both he and you shall agree upon whom you may trust and who I hope will be more carefull to keep it sheathed than to draw it After a long Debate in the House upon this Matter they resolve to move the King that Sir John Biron may be put out from being Lieutenant of the Tower and Sir John Conyers to succeed him which was granted Then they proceed to nominate fit persons for trust of the Militia in the several Counties and pass an Act To disable all Clergy-men from exercising any Temporal Jurisdiction The King sends a Message to them That to satisfy and compose all Differences he will by Proclamation require all Statutes concerning Popish Recusants to be put in execution That the seven condemned Priests shall be banished and all Romish Priests within twenty days to depart the Kingdom He refers the consideration of the Government and Liturgy of the Church wholly to the two Houses And offers himself in Person to the Irish War The Lords and Commons petition the King That though he find cause to desert the prosecution of their Members yet the Charge against them reflects upon the whole Parliament they desire to know the Informers and their Suggestions to be proceeded against as by the Statutes 37 38 E. 3. Then they ordain the Power of the Militia for defence of the Parliament Tower and City of London under the Command of Skippon a faithfull and able Souldier And petition the King for settling the Militia of the several Counties on such as they had nominated to which the King respited his Answer till his Return from Dover whither he accompanied the Queen and their Daughter going for Hollaud Febr. 15. That pious and worthy Judge Sir George Crooke having attained near the
Missive from the Lord Keeper signifying his Majesties Pleasure that he should forbear coming to the Parliament which how far it might Trench upon the Liberty and Safety of the Peers was too high a Point for him but he submits it to the Lords and Prays that he may Answer for himself and sends with his Petition a Copy of the Lord Keepers Letter and his Answer to it Hereupon the Lord Keeper delivered a Message to the Lords from the King Accusing Bristol of undutifulness disrespect and Scandal to the King and desires he may be sent for as a Delinquent to answer his Offences in Spain and since and for Scandalizing the Duke The Martial of Middlesex by Petition showed to the Commons That he by Warrant searched in the Clink Prison and was resisted but found there Four Priests and their Altars Crucifixes Books Papers c. That the Priests giving notice hereof to the Archbishop before they had done a Warrant came from the Arch-bishop and Mr. Attourney that they should not search any further nor remove any thing from thence The Arch-bishop said That the searching for those Priests was a Design of the Jesuits to take the Priests and send them to Rome to be put to Death for Writing in Defence of the Oath of Allegiance The Commons caused every Member of their House in his Place to make a particular Protestation Whether they heard Mr. Coke speak the Words charged upon him or not And every one denyed the hearing of those Words spoken by Mr. Coke After which the Commons presented a Remonstrance to the King in Answer to his and the Lord Keepers Speech denying the Words to be spoken by Mr. Coke and excusing Dr. Turner and avowing their Proceedings against the Duke or any other Subject and Pray the King not to give Ear to Officious Reports of private Persons for their own Ends. The King Chargeth the Bishops in the Case of the Duke and Bristol to follow only Proofs and not Rumours The Commons sent to the Duke That they were passing of Articles against him to which he might Answer if he pleased but he acquainting the Lords therewith they would not permit it Bristol was brought to the Bar by the Lords Order and Articles Exhibited against him of High-Treason and other Crimes in the Name of the Attorney General I. That he Traiterously assured King James That the Emperour and King of Spain would restore the Palatinate and that the King of Spain would consent to the Match with our Prince which they never intended and that was known to Bristol who delayed the Treaty II. He did not Execute the Commands of the King nor put the King of Spain to a punctual Answer to the detriment of our King and his Allies III. That he perswaded King James not to break with Spain IV. That he said he cared not what the Success of the Treaty would be but he would make his Fortune thereby V. That he intended to Introduce Popery here and perswaded King James to grant a Tolleration thereof VI. That he occasioned the Princes Journey into Spain to his great hazard VII That in Spain he perswaded the Prince to change his Religion Anno 1626 VIII To the same purpose IX That he perswaded that the Prince Electors eldest Son should be bred up in the Emperours Court. X. That he would have dispatched the Disponsaries notwithstanding the Princes Commands to the contrary if Extraordinary diligence had not prevented it XI His Contemptuous and Scandalous Petition to the Lords House After this Bristol presented Articles against the Duke which were received and Mr. Atturney being asked by the Earl for a Relator said That the King had Commanded it Bristol replyed That he would not contend with his Soveraign but that it might be of dangerous Consequence If the King should be Accuser Judge Witnesses and have the Confiscation He desires that the Lord Conway might not meddle and that he might have the use of certain Papers which was granted him After which he proceeded to a large Declaration of the whole business between the Duke and him and laid it home upon the Duke with an implication that shortly after the probability of his being restored to King James his Favour the King sickned and Dyed having suffered much and to his dying Day Reputed and said That Bristol was an honest man Then he set forth the business of his Writ and the Prohibition of him to Sit and that after he had Accused the Duke the Articles of High Treason were Exhibited against him yet the Duke is in Favour and Sits as a Peer and he is a Prisoner The Articles Preferred by Bristol against the Duke were I. That he Plotted with Gondimer to bring the Prince into Spain to change his Religion II. That Porter was sent into Spain for this End III. That in Spain The Duke absented from Service in Bristols House and frequented the Popish Service and Adored their Sacrament and conformed to their Rites IV. That he procured King James to Write a Letter to the Pope for the Dispensation and to stile him Sanctissime Pater V. That the Pope sent a Bull to the Duke to incourage him in the perversion of the Prince VI. That by his behaviour in Spain he so incensed that King and his Ministers as they would admit of no dealing with him and that he brake that Match out of his particular Ends and Indignation VII That he made use of the Princes Letters to his own Ends and concealed divers great things from him VIII That as he had abused the King so he abused both Houses by a sinister Relation of those Affairs Car. 2 IX The Scandal of his Personal Behaviour in Spain and procuring favours for unworthy persons there for hire of his Lust X. That he hath been the great Cause of the Ruine of the Prince Palatine XI That he had wrong'd Bristol in his Relations to the Parliament in his honour and Liberty XII That Bristol revealed these Matters to the late King who said he would hear him against the Duke which the Duke heard and not long after the King Sickn'd and Died. The Earl also Exhibited divers Articles against the Lord Conway as the Dukes Creature and unfit to be one of his Judges and the particular injuries he did to Bristol The Lords did not Commit the Earl and Ordered the Articles against him to be First heard and then his against the Duke yet saving his Testimony against the Duke The King took in highly with the Duke and would have removed the Earl from the Lords House into the Kings Bench but the Lords would not permit it In this Parliament were several Resolutions touching Tryals there which are faithfully Collected by Rushworth pag. 271 272. They Ordered That no Peer should have above Two Proxies Bristol delivered in his Answer to the Charge against him and made a Speech of Introduction to clear the Objections of his ill Affection to Religion and his too
executed and the Soldiers committed great outrages Sir Randâ—l Crew Chief Justice not favouring the Loan was put out of his Place and Sir Nicholas Hide who drew the Dukes Answer in Parliament was preferred to be the Chief Justice The Bishop of Lineoln for speaking words against the Government and for countenancing Non-Conformists was complained of by Sir John Lamb and others and they Informed That Fasts were kept and Money Collected by the Puritans for the Palatinat and that the Bishop would not proceed against them The Bishop got a Copy of the Informations against him Bishop Laud was Jealous that Lincoln Endeavour'd to be reconciled to the Duke Six thousand English in service with the States were commanded thence under General Morgan to join with the King of Denmark Some who refused to lend Money to the King were forced to Serve in the Kings Ships then going forth and refusers in the Country were some of them Committed and the meaner sort pressed to serve as Soldiers Dr. Sibthorp published a Sermon Preached by him to Promote the Kings Affairs wherein he delivered his Opinion That the King might make Laws and do whatsoever pleaseth him Dr. Mainwaring Preached the same Divinity and highly against the power of Parliaments The Papists were forward in the Loan and the Puritans were Recusants in it Abount this time the Earl of Denbigh had one hundred Sayl of Ships under his command in our Seas but his Excellency having no Commission to Fight suffer'd divers English Vessels to be taken away by our Enemies in his view without Rescue by their Countrymen Some Ships taken for Prize being brought before him as Admiral it was wondred at that almost all of them were by him adjudged to be no Prize and so released but one Captain pursued a released Ship and took her again brought her to London and in the Admiralty she was adjudged Prize and he Enjoyed the benefit whatever the Earl of Denbigh did before Distastes and Jealousies were raised about the Government of the Queens Family wherein the King held himself traduced by some French Servants who said that the King bad nothing to do with them he being an Heretick The Queen was brought to Insist upon it as part of the Articles that She should name all Her Servants and some unkindness arose upon it The King was also distasted That her Priests made the Queen to walk to Tyburn on Pennance Upon these passages the King dismist and sent back into France all the Queens French retinue acquainting the French King with it and Excusing it to him but it was ill resented in France and by them held contrary to the Articles of Marriage The Jarring with France brake out to an open War which was fomented by an Abbot here in disfavour with Cardinal Richlieu to put an affront upon the Cardinal and Mr. Walter Mountague Endeavoured to further it and the pretence was to assist those of the Religion in France Our King took that ground and the denial of Count Mansfields Men to land in France and the influence of the Councils of the House of Austria upon those of France and the Imbargo of our Merchants Ships there sufficient causes for a War The Duke of Bucks is appointed Admiral and General of the Sea and Land Forces prepared against France And hath power to make Knights c. He comes before Rochel with one hundred Sayl of Ships and desires them to joyn with him in behalf of the Protestants in France but the Rochellers returning thanks to our King and to the Duke answered That they were bound by Vnion and Oath not to do any thing without the consent of the rest of the Religion The Duke was advised to land his Men at the Isle of Oleron which was weak and ill provided and not at the Isle of Rea which was strong and well provided but he altered his Design and Sailed to Rea and there landed Twelve hundred Men whom the French encountred but the English forced their way and all the Army was landed in the Island Yet did they not take their advantage against the French but suffered the Governor to have five days to recover his loss and to get in as he did new Forces and Provisions in the mean time the Duke published a Manifesto of the Causes of this War particularly the King of France his Imploying our Ships against Rochel contrary to his promise and agreement The Gentlemen here who refused to pay the Loan were confined into other Counties and in close Imprisonment and some of them in common Goals Sir John Elliot one of them in a Petition to the King sets forth the Illegality of the Loan or of any Tax without Parliament taking this way to Inform the King what his Councel did not and he alledgeth his Conscience not to submit to it and prays his liberty but could not obtain it Sir Peter Haiman another refuser was sent upon an Errand as far as the Palatinate The Arch-Bishop Abbot was suspended for refusing to licence Dr. Sibthorps Book a Sermon for Absolute Power and a Commission was granted to several Bishops to exercise the Archiepiscopal Jurisdiction Of all which proceedings touching himself the Archbishop left a grave and ingenious Narrative which may be read at large in Rushworths Collections Five of the Imprisoned Gentlemen by Habeas Corpus were brought to the Kings Bench and by their Councel Assigned took Exceptions to the Return for that it had not the cause of their Commitment but of their detainer in Prison per speciale Mandatum Regis which is no particular cause and the Law being most tender of the Subjects Liberty Noy Selden Brampston Calthrope and others who were of Councel for the Prisoners prayed they might be Released and Discharged Heath the Kings Attourney at another Day argued in Maintenance of the Return Hide chief Justice declared the Opinion of the Court That the Return was Positive and Absolute by the Kings special command and the signification of it by the Lords of the Council is only to inform the Court. And that the Habeas Corpus is not to return the Cause of the Imprisonment but of the detention in Prison that the matter of this Return is sufficient and the Court is not to examine the truth of the Return but must take it as it is So the Prisoners were Remaunded The Report of this Case may be found in Rushworths Collections Anno 1627 The King resolves to send supplies to the Isle of Rea and Souldiers and Mariners are press'd for that purpose but many of them not liking the business run away from their Conductors hereupon it was resolved by all the Judges That If one be retained to serve the King beyond Seas and press money deliver'd to him and by Indenture he be deliver'd to a Conductor to lead him to the Port where he is to be shipped and he run away from the Conductor that this it Felony by the Statutes 7 H. 7. ch
they afterwards were great with the King Upon receipt of the news of the Rebellion in Ireland the King was much troubled and being at that distance from his Parliament in England he sent expresses to them and referred the whole management of the Irish business to his Parliament at London November 20. the Lords Justices and Council in Ireland sent a more particular account to the Lord Lieutenant here of the Irish affairs he returned answer That he had acquainted the King at Edenburgh with all their dispatches and that His Majesty had referred the Irish business and management of the War there to his Parliament of England Some talked broadly of the Earl of Leicester's retarding so long his Service of Lieutenant of Ireland especially in such a time as then He was now pleased to Commissionate the Earl of Ormond to be his Deputy which was afterwards confirmed by the King but many wondred that the Earl did not go in his own person Some Members of the Parliament in Ireland and most of the Papists even in the Pale and generally in all places took part with the Rebels The Lord Moore stood faithfull to his King and Religion The Rebels to be revenged on him sent about a thousand men to his house three Miles from Tredah the Forces in the house were but twenty four Foot and fifteen Horse besides some few Servants and they had but six Shots of Powder apiece yet when the Rebels assaulted them they killed 140 of them All their Powder being spent and then some of their small number slain they yielded upon quarter yet the Rebels threw them out at the Windows an old Gentleman they ran through the body cut the Throat of an old blind man stripped all the women plundred the house of all the goods and so left it From Dublin they sent six hundred Foot to supply Tredah two thousand of the Rebels waited for them to intercept them and the English in a Fogg came within Musket-shot of them before they were descryed then the Captain Commanded a Counter-march in which the English were forced to take a Ditch which the Enemies thinking to be a flight they shouted and that so amazed and confounded the English that the Rebels charging them slew most of them near Gillingston-Bridge The Lord Ormond's Troop of Fifty Horse made their way through without loss of a man but by this Defeat the Rebels got store of Arms and Moneys and much encouragement The Master of a Chester Bark laden with Arms and Money for Dublin betrayed all to the Rebels who now were set down before Tredah and all the Popish Lords and Gentlemen within the Pale joyned with them About the latter end of November the King returned from Scotland he was sumptuously feasted at London by the Citizens and he banquetted them at Hampton Court and made divers of the Aldermen Knights Decemb. 2. He came to both Houses of Parliament and told them He had made as much haste from Scotland as those Affairs permitted in which he had so good success that he had left that Nation a most peaceable and contented People That he doth not find this Nation so settled as he expected but full of Jealousies and Alarms of Designs and Plots that Guards have been set to defend both Houses That he doubts not of his Subjects Affections to him by his reception at his return and mentions his own Affection to his People and so far from repenting of what he had done for them that he was willing to pass any thing more that might justly be desired for their Liberties and for maintenance of Religion Recommends to them the business of Ireland the preparations for it going on but slowly Then he sets forth a Proclamation For obedience to the Laws concerning Religion and that none introduce any Rite or Ceremonie other than those established by Law At this time this was not held by many to be very seasonable but divers were offended at it He also published a Proclamation for all the Members of Parliament To repair to the Houses by a day And Decem. 14. He again spake to both Houses To quicken them in the business of Ireland expresseth his detestation of all Rebellion particularly of this and offers his pains power and industry to contribute to that necessary work of reducing the Irish to obedience That for the Bill for pressing of Souldiers lodged with the Lords if it came to him he promiseth to pass it And because some had started the Question into a Dispute concerning the bounds of the King's Prerogative herein he offers to avoid such Debate that the Bill shall pass with a Salvo jure both for King and People And concludes conjuring them by all that is or can be dear to them or him to hasten with speed the business of Ireland Upon this the Parliament Petition the King touching the Privilege of Parliament their Birth-right declaring with all duty that the King ought not to take notice of any Matter in agitation and debate in either House but by their information nor ought to propound any Condition or Provision or Limitation to any Bill or Act in debate or preparation or to manifest or declare his Consent or Dissent Approbation or Dislike before it be presented in course nor ought to be displeased with any Debate of Parliament they being Judges of their own Errours and Offences in debating Matters depending That these Privileges have been broken of late in the Speech of his Majesty Decem. 14. particularly in mentioning the Bill of Impress offering also a provisional Clause by a Salvo jure before it was presented and withal they take notice of his Majestie 's Displeasure against such as moved a question concerning the same They desire to know the Names of such Persons as seduced his Majesty to that Item that they may be punished as his Great Council shall advise his Majesty Divers indifferent men wondered both at the King's Speech which gave the cause of Exception and was indeed notoriously against the Course and Privilege of Parliament that his Council should not inform him thereof And they also apprehended this Petition somewhat too rough in the Expressions of it to their King but the general Fate of things drove on this way to increase the Jealousies betwixt King and People and God was pleased so to order it to bring to pass what he had determined The Parliament resolve not to proceed in their Affairs till they had a satisfactory Answer to their Petition and some of them were jealous of too much favour to the Irish Rebellion by some about the King and divers went yet higher The King with some regret withdraws to Hampton Court hoping by his absence to avoid Exceptions but this increaseth discontent in the Parliament who the next day appoint a Committee to follow him thither and now they speak plainly That the whole frame of Government is out of order Among other Grievances Complaint was made by
for the Recruits to be sent to Sir T. F. The Ordinance past for putting Surrey into a posture of Defence and for pay for Farnham Garrison and another for 20000 l. towards reducing Oxford The Antiparliament sate again at Oxford and were about a Declaration to encourage their party and taking care for Money and Recruits for the King Colonel Baxter Governour of Reading went out with a party and faced Wallingford near their Works 2 Debate about Church affairs One Lusher had been apprehended for a Romish Priest the Spanish Ambassadour owned Lusher as his Servant and in favour of the Ambassadour both Houses discharged Lusher and ordered him to depart the Kingdom in ten daies Both Houses ordered the continuance of the Commissioners of the Great Seal and of the Master of the Rolls for six Months longer notwithstanding the Self-denying Ordinance Mr. Gourden a Member of the House of Commons presented to them a Letter from the Lord Savile with a Paper inclosed in it and desired that they might be read and after some Debate they were read The Letter was expressing his affections to the Parliament to whom he had come from the King and submitted himself and taken the Oath enjoyned in observance whereof and of his duty to the Parliament under whose protection he was he held himself obliged to discover to them what he knew concerning two of their Members who had done contrary to their trust and to the prejudice of the Parliament in the matters contained in the inclosed Paper That Paper set forth That Mr. Hollis and Mr. Whitelocke being persons well affected to the King and to his Cause were nevertheless two of the Parliaments Commissioners lately sent to Oxford to His Majesty with Propositions from the Parliament for Peace That they being at Oxford did contrary to their trust and to the prejudice of the Parliament treat and advise with the King and some great Lords about him namely the Earl of Lindsey the Earl of Southampton and others about the King's Answer to those Propositions and did give a Paper in writing what they advised the King's answer should be That their advice in the said Paper was followed by the King and some of the very words thereof were made use of in the King's Answer and that both before and after that time they held intelligence and correspondence with the King and his party at Oxford Much other Matter was in the Paper to the like effect and upon the reading of it divers of the House were very high and moved that Mr. Hollis and Mr. Whitelocke might make a present Answer to this Paper or Charge as some called it Mr. Hollis presently in his place made his Answer to the matter of the Paper and therein unadvisedly and suddenly confessed more than he needed to have done but denied any intelligence or correspondence by him with any of the King's party Mr. Whitelocke was not in Town this Morning and knew nothing of this business but after Mr. Hollis had spoken Mr. John L'Isle stood up and acquainted the House that Mr. Whitelocke being then absent if they pleased he would undertake to give him notice to attend the House the next Day which was ordered But some were not satisfied therewith and they fiercely moved That this being a charge of High Treason against two of their Members in whom the offence was greater than in others that they would proceed with equal justice and that both Mr. Hollis and Mr. Whitelocke might be committed to the Tower Mr. Hollis who was present to be sent thither and a Warrant to apprehend Mr. Whitelocke and to carry him thither also Upon this Sir William Lewys stood up and with as much vigour on the other side said He could not but wonder at the justice of those who would commit a man to the Tower before he was heard and the other after he had fully answered that which they called a Charge That he could not admit it to be a Charge but a Scandalous and Libellous Paper against two worthy Members of the House who they all knew had served the Parliament faithfully and to the utmost hazard of their Lives and Fortunes And because they had done so and were so capable of doing further and more service to the Parliament therefore one of their enemies was come hither to cast a bone among them and to raise differences amongst the Members of Parliament a likely way when their other designs failed them to doe mischief to the Parliament He desired them to consider the person of him whom they called the Accuser who was indeed an Accuser of the Brethren that it was the Lord Savile now cloathed with a new Title from the King of Earl of Sussex and perhaps this present service was to be part of that by which he was yet to merit his new Title That still he was the same man who was first of the Parliament party then revolted from them to the King and now was revolted from the King to the Parliament again and that a Paper brought in from this person should be looked upon as a Charge against two worthy Members of their House or be in the least a ground to commit them to the Tower he could not sufficiently wonder at the reason or justice of such a motion as that was He rather thought it more reasonable and just and accordingly moved that this Libel this Paper might be thrown out of the House and the contriver of it the Lord Savile be under more streight custody and examined who set him on to promote this business and that Mr. Hollis and Mr. Whitelocke might not be put to the trouble of any further attendance about it This smart motion of Sir William Lewys so contrary to the former being spoken by him with great ingenuity and mettle and seconded by Sir Philip Stapleton and others of that party so wrought upon the House that the motion for commitment to the Tower was laid aside and Mr. L'Isle ordered to give notice to Mr. Whitelocke that the House required his attendance there the next day Carlisle was surrendred to the Parliament and Sir Thomas Glenham the Governour and the Garrison Souldiers had a Convoy by the Articles of surrender to Newark 3. At a Conference the Letters of the surrender of Carlisle were imparted to the Lords and agreed to send a Committee to the Common Council of London to acquaint them with some of the King's Letters taken at Naseby A Committee appointed to consider of the Northern Garrisons upon the borders of Scotland The King was at Ragland Castle to gather Recruits Sir T. F. was at Marlborough the Garrison of Taunton had often Skirmishes with Goring's Forces and at one time took 120 of their horse the besiegers drew off most of their horse to their Out-guards Between 4000 and 5000 Clubmen being up in Dorsetshire and Wilts carried themselves very tumultuously and forced the Parliaments quarters at Sturmister divers slain and wounded
a Chest and left in the Publick Library And if any of the forenamed particulars shall not be then accordingly produced the default thereof shall not be charged upon any other person than such as hath the Custody thereof or shall wilfully detain or embezel the same 5. That Sir Thomas Glemham Knight c. Governor of Oxford with his Servants and all that to him belongs and all Officers and Soldiers of Horse and Foot and of the Train of Artillery as well reformed Officers and Soldiers as others with their Servants and all that pertains unto them shall march out of the City of Oxford with their Horses and compleat Arms that properly belong unto them proportionable to their present or past Commands Flying Colours Trumpets sounding Drums beating Matches lighted at both Ends Bullet in their Mouths and every Soldier to have twelve Charges of Powder Match and Bullet proportionable and with Bag and Baggage to any place within fifteen miles of Oxford which the Governor shall chuse where such of the Common Soldiers as desire to go to their own homes or Friends shall lay down their Arms which shall be delivered up to such as the General Sir Tho. Fairfax shall appoint to receive them And all Officers and Soldiers as well Reformed as others that shall desire to go to their Homes or Friends shall have the Generals Pass and Protection for their Peaceable repair to and abode at the several places they shall so desire to go unto and shall have free Quarter allowed them in all their Marcâ— from Oxford tothose several places The Officers as well Reformed as other to pass with equipage of Horses and complete Arms answerable to their present or past Commands and common Troopers with their Horses and Swords only and all to pass with Bag and Baggage as aforesaid and that all other Officers and Soldiers in case there be any such that shall desire to take entertainment from any foreign Kingdom or State shall have free Quarter allowed them for twenty eight days from their march out of Oxford and shall have Passes for their Officers not exceeding ten with their Horses and two Servants a piece to go to London to treat with any foreign Ambassador or Agent for entertainment and all of them shall have Liberty and Passes to March the Officers with their complete Arms and Horses proportionable to their present or past Command and the Common Soldiers with their Arms and all with Bag and Baggage to the Quarters near to Harwich or to Portsmouth or any Port between them to be transported Which Arms except Officers complete Arms and Horses and Swords for the Common Soldiers which they may transport they shall there lay down and deliver to such as the Gen. shall appoint or unto the Governor of the next Garrison belonging unto the Parliament who shall take care for their safety during their abode there and untill shipping can be provided and weather seasonable they paying for their Quarter after the said twenty eight days expired and shall assist them for procuring Vessels and shipping for their transportation at the usual Rates accustomed for freight the Officers and Soldiers and others before transportation engaging themselves by promise not to return into this Kingdom in Hostility against the Parliament in Bodies as they go or in Conjunction with other Forces or in command of any Forces invading this Kingdom and no Oath or any other engagement of this or the like nature to be during their said stay or at their transportation imposed upon them saving an engagement by Promise not to do any act of Hostility or of wilful prejudice against the Parliament during their said stay in England And it s declared that those of the three Auxiliary Regiments consisting of Gentlemen and their Servants Scholars Citizens and Inhabitants who are not properly of the Garrison in pay and such Reformed Officers and Soldiers who shall not be willing to march forth shall not be forced to march out upon this Article but shall have the benefit of the following Articles to remove or remain in Oxford and in all things else which may concern them and those also who shall march forth shall have the benefit of the ensuing Articles in all things except for remaining in Oxford 6. That the Governor shall be allowed and assisted in the procuring a sufficient number of Carts Teams and Boats and other necessaries for the carrying away all goods allowed in these Articles belonging to any Officers or persons of Quality now residing in the Garrison they paying the accustomed rates and that such persons as cannot presently through want of Carriages or otherwise convey them away shall be assisted with Carriages at any time within three Months for the disposing thereof 7. That no Officer or Soldier nor any person whatsoever comprised in this Capitulation shall be reproached or have any disgraceful speeches or affronts offered to them or be stopped plundered or injured in their March Rendesvous or Quarters journeys or places of abode and if any such thing shall fall out satisfaction shall be given at the judgement of any two or more of the Commissioners they being equal in number of each Party nor shall the persons aforesaid be inticed nor any of them be compelled to take up Arms against the King nor be imprisoned restrained sued or molested for any matter or cause whatsoever be it of publick or private interest before the rendring of the Garrison during six months after the Rendring thereof And if any Officer Soldier or Person be sick or wounded that they cannot at present enjoy the benefit of these Articles that such persons shall have liberty to stay untill they be recovered and fit accommodation and subsistance shall be provided for them during their stay and then to enjoy the benefit of these Articles 8. That all Horses Arms Money and other Goods whatsoever taken as Lawful prize of War before or during the Siege and now remaining in the City be continued in the possession of the present possessors 9. That these Articles shall extend to the use and benefit of all Strangers of any foraign Kingdom or State residing within this Garrison together with their Wives Children Servants Horses Arms Goods Money and Debts 10. That all persons included in these Articles without exception of any other then the Soldiers which are to march out upon the fifth Article shall have liberty during the space of three Months after rendring the Garrison either to remain in Oxford or to remove themselves with their Families Goods Horses and all things that properly belong unto them or to their disposal And all Noble men Gentlemen and persons of Quality with their Arms and other Equipage to their Houses or Friends without any prejudice to their Friends for receiving them 11. That all Lords Gentlemen Clergy-men Officers Soldiers and all other persons in Oxford or comprized in this Capitulation who have estates real or
that nothing might be concluded as to War till the lawfulness of it were first stated and agreed upon That reparation may be first sought for the Breaches by England and the Presbyterian Party there not disobliged That they may oppose and suppress the Popish Malignants Party as well as the Sectaries That the Kings concessions concerning Religion may be declared by the Parliament to be un-satisfactory as they have been by the Assembly For security from the King in matters of Religion before he be admitted to his Regal power and all other ends of the Covenant That none be imployed but of Integrity to the Cause Ingagements to be by Oath The Committee of Danger voted an Army to be raised of forty thousand men against which a Protestation was made by divers Lords and others as to their power to make such a Vote Divers more English came into Scotland 4. Debate touching the Commissioners of the Customs and their receipts The Commissioners vindicated and approved the like of Mr. Tomes Ordinance for disposing the Estate of the Earl of Chesterfield Order to secure Sir Sackvile Crowe and Mr. Hide and the complaints against them by the Merchants referred to a Committee Order to refer the Lord Pawlet to a tryal of Law for the death of one Hen. Illery slain by him and an hundred pound bestowed upon his Widow Letter of thanks from the Prince Elector for his allowance of eight hundred pound per An. The House Adjourned for a Week and ordered the Committee at Derby House to sit dayly 5. Letters from Pembroke shire of the continuance of Col. Poyer with some of Major General Laugherne's men in their defection and that they had taken divers Committee-Men and others Prisoners that some of the Parliaments Ships were come into the Harbour there to help block them up and that Col. Horton was come with a good Party against them Letters from Scotland of great Jealousies from thence That there were many Duels fought That Sir William Flemming was come thither with a man of War with thirty Guns That they hate the English Army and Parliament Letters from Edenburgh and Wales Poyer was grown five hundred strong in Foot and a hundred Horse and raised new Forces and laid Assessments thrice as much as that for the Army 7. The G. sent additional Forces against Poyer The forces of M. G. Laugherne except those with Poyer agreed to be disbanded by the prudence of the Commissioners and Col. Horton's care Letters that Poyer increased in strength some other Forces of Col. Butler and others fell in to him no Gentlemen of note or Estates came in to Poyer nor any of Major General Laughernes Officers Letters from Shrewsbury of a design of the Malignants to surprize that Town but by the Governers care it was prevented 8. Letters from Chester of the Plague breaking out there and the General for the ease of the City ordered all the Garrison to be drawn out except one Company 9. There hapned this night a very high and dangerous tumult by the Apprentices who with other people and Malignants who instigated them went towards the Soldiers at White-Hall and the Meuse but were met with in the way by a Party of Horse who killed some and wounded many of them and scoured the streets It began in Moorfields about tipling and gaming on the Lords day contrary to the Ordinance of Parliament they set upon and overpowred a Party of the Trained Bands about Finnesbury and from thence went to White-Chappel where they seized upon the Captains Colours and others went to Smithfield and some to Whitehal but they were met with by the Horse and dispersed 10. The last night they increased and surprised Newgate and Ludgate took the Keys went to the Lord Mayors and took thence a Drake in which action some of them were slain the Drake they brought to Ludgate the Lord Mayor left his house and went to the Tower This morning their numbers increased and they laboured to get Arms broke up a House in Milk-street and took out Arms from thence and other places with the Drake they went to Leaden-Hall where they possessed the Magazine and beat up Drums upon the Water to invite the Seamen and Watermen for God and King Charles Upon this high tumult the General sate up all night called a Councel of War where the question was whether they should hazard the two Regiments at the Meuse and White-Hall or stay for more Force and they agreed rather than to delay this business further which must needs be dangerous and hazard much blood and increase of the Mutiny that they would ingage with the two Regiments only Accordingly this Morning early the two Regiments entred at Aldersgate and came to Leaden-Hall and Charged the Mutineers they fired their Drake hurt Captain Merriman in the shoulder and his Lieutenant in the Belly and killed a Woman The Soldiers hurt many of the Mutineers a Waterman who shot off the Drake was killed divers Prisoners were taken the Mutineers in all parts of the City were presently dispersed the City Gates set open and all quiet before ten a Clock this Morning throughout the City This small Party of the Army behaved themselves against a great multitude of men with much Gallantry and Resolution and it was no small happiness to the Parliament that this insurrection was well quieted which in these times of discontent and distraction if it had not been so soon appeased and nipped in the bud might have proved of most dangerous consequence to all the Parliament Party and have occasioned a new War We may take notice of the incertainty of Worldly affairs when the Parliament and their Army had subdued their Common Enemy then they quarelled among themselves the Army against the Parliament when they were pretty well pieced together again then the Adprentices and others make an insurrection against the Parliament and Army Thus they were in continual perplexities and and danger Letters informed of some dissatisfaction betwixt the Parliament of Scotland and the Assembly of the Kirk concerning the matter of a new War That store of Arms were come thither from Holland and that Edenburgh is full of English The Estates of the Parliament of Scotland made this answer to the desires of the Commissioners of the General Assembly 1. That the causes of the War shall be cleared to be just and lawful 2. They think fit that the breaches of the Covenant and Treaty be represented and reparations sought 3. That Scotland will be so far from making War against England that any ingagement they shall enter into shall be for strengthning the Vnion and incouraging the Presbyterians and well affected in England 4. They agree to it 5. That they will declare his Majesties concessions concerning Religion not to be satisfactory 6. They will take care for his Majesties Oath and Acts of Parliament injoyning the Covenant and establishing the Presbyterian Government c. 7. That
acquainted the Houses with his Highness's Letter it not being in his power to act further the Parliament having ordered the way in which the Prisoners should be proceeded against not so much for hostility as for breach of the trust they reposed in them to the ingaging the Nation again in War and blood Subscribed Your Highness most humble Servant Fairfax Letters from the North that as yet there was no ingagement with the Scots 21. The Commons concurred with the Votes touching the Treaty and referred it to the Committee of both Houses for peace to prepare thing needful for the Treaty They thought fit again to send to his Majesty to let him know how far they had proceeded as to treat and to have his approbation A Letter from the General that he had received an order from the Lords to deliver the Earl of Holland from Warwick Castle to be confined to his house at Kensington A Letter from the Lord Admiral that upon the Lords Passes for some to go beyond Seas they had gone to the Prince as M r Aleburton the Scots Agent the Lord Andover and others The Commons desired a conference with the Lords about it and that a Letter be sent to the Lord Admiral and to the Lord General to make stay of all such persons notwithstanding their order Upon Petition of thousands of the Suburbs that had joyed with Major General Skippon he was ordered to grant them Commissions and the committee for suppressing of tumults to furnish them with Armes Letters from Salop that Sir Henry Lingen with a party of Horse took sixty of Colonel Harly's men and about two daies after a party of Colonel Harlies and Colonel Hortons men met with Sir Henry Lingens men about Radnor regained all their Horse and Prisoners took Sir Henry Lingen and Colonel Crofts and many other of the Kings commanders Prisoners slew divers of the party and routed the rest Letters from Colchester Leaguer that the approaches were so near that the besiegers and the Enemy laid aside their Muskets and in stead of shooting cast Stones at one another Some petitions inclosed in a Letter from the Lord Norwich and the rest were sent to the General expressing that at the desire of the inhabitants they had thought fit to send them And that they should be constrained for the better accommodation of the Souldiery to turn out the Towns People whereby their Houses and goods would be left liable to spoil and ruine for prevention whereof they had thought fit to treat with his Lordship for the surrender of the Town if he pleased to which purpose they would send six Officers if his Lordship would appoint the like number With this came another Letter offering an exchange of Captain Gray for M r Weston and M r Rowling the General accepted of the exchange but as to the Treaty said he would send answer by a Messenger of his own The General was in some danger by a shot from the Town that one who was exchanged told the Lord Norwich he heard the Parliament Souldiers discoursing sharply against those in Colchester and one of them bid him tell Goring that they would bore a hole through his nose and draw him with a Rope through Cheapside crying Here is the great Bull of Colchester The inclosed Petitions were one to the Earl of Norwich the Lord Capell and Sir Charles Lucas from the inhabitants of Colchester That having received their Commands to depart the Town for better supply of the Souldiers they might Petition the Lord Fairfax for Liberty to pass into the Country to prevent the danger of their lives without his leave They prayed their honours to give way for their Petition to be presented to the Lord Fairfax and till they had his answer that they might not be inforced from their habitations The Petition of the inhabitants of Colchester to the Lord Fairfax was to inform his Lordship that the Commanders in Chief in the Garrison had ordered all the inhabitants to provide with expedition to depart the Town or otherwise by power they should be forced thereto for that whatever became of the Townsmen the Souldiery who maintained the Kings cause must and shall be provided for That being driven to this Exigency they have no other means but to fly to his Christian Charity and clemency and humbly to pray that he would give them leave to pass into the Country for the preservation of their lives Subscribed by the Major and four Aldermen in the name of all the Petitioners To the Letter the General returned this answer He was willing to believe that the pressing necessities of the miserable inhabitants of Colchester had wrung from them the Petition inclosed in their Letter That he should not onely clear himself to all the world from the occasion of their sufferings but so far contribute to their relief as to allow all the inhabitants of the Town the Lords first ingaging not to restrain any who shall be willing to come out to enjoy the Liberty in their Petition desired Provided the Committee of the County of Essex then Prisoners with the Lords in the Town be sent out with the first only he shall not permit the wives and Children of any Towns-men or others who shall abide with the Lords in Armes to have the benefit above-mentioned Concerning the rendition of the Town he offers That all such officers and Souldiers under the degree of a Captain excepting all such who being Members of his Army have since the 10. of May last deserted their Colours they ingaging themselves never hereafter to bear Arms against the Parliament shall have passes without injury offered them to return to their respective homes And all Captains and other superiour Officers with the Lords and Gentlemen to submit to mercy Subscribed Your Lordships Servant Tho. Fairfax An Express came from Lieutenant General Cromwel in the general of his defeating the Scots Army under Duke Hamilton New Instructions for Colonel Hammond 1. That the King be removed to Newport in the Isle of Wight the place of the Treaty 2. That he be in the same condition and freedom there as he was at Hampton Court 3. That no person in the first Exception out of Mercy nor under restraint of the Parliament nor of late actually in Arms against the Parliament be admitted to the King 4. That no person that hath been in Arms against the Parliament or aiding or assisting to them or of whom there is just cause of suspicion be admitted into any Fort or Tower in the Isle of Wight 5. That no person of any forrain Nation be admitted to come into the same without leave from both Houses of Parliament 6. That if the Kingdom of Scotland send any to treat with his Majesty they shall have a Pass from both Houses 7. That his Majesty pass his Royal word not to go out of the Island during the Treaty nor twenty eight daies after
their parts Provided this liberty be not extended to Popery or Prelacy nor to such as under the profession of Christ hold forth and practise Licentiousness XXXVIII That all Laws Statutes Ordinances and Clauses in any Law Statute and Ordinance to the contrary of the aforesaid Liberty shall be esteemed as null and void XXXIX That the Acts and Ordinances of Parliament made for the Sale or other Disposition of the Lands Rents and Hereditaments of the late King Queen and Prince of Arch-bishops and Bishops c. Deans and Chapters the Lands of Delinquents and Forest Lands or any of them or of any other Lands Tenements Rents and Hereditaments belonging to the Commonwealth shall no way be impeached or made invalid but shall remain good and firm And that the securities given by Act and Ordinance of Parliament for any sum or sums of money by any of the said Lands the Excise or by any other Publick Revenue and also the Securities given by the Publick Faith of the Nation and the engagement of the Publick Faith for satisfaction of Debts and Damages shall remain firm and good and not be made void and invalid upon any pretence whatsoever XL. That the Articles given to or made with the Enemy and afterwards confirmed by Parliament shall be performed and made good to the persons concerned therein And that such Appeals as were depending in the last Parliament for relief concerning Bills of Sale of Delinquents Estates may be heard and determined the next Parliament Any thing in this Writing or otherwise to the contrary notwithstanding XLI That every successive Lord Protector over these Nations shall take and subscribe a solemn Oath in the presence of the Council and such others as they shall call to them That he will seek the Peace Quiet and Welfare of these Nations cause Law and Justice to be equally Administred and that he will not violate or infringe the matters and things contained in this Writing and in all other things will to his Power and to the best of his understanding govern these Nations according to the Laws Statutes and Customs XLII That each person of the Council shall before they enter upon their Trust take and subscribe an Oath That they will be true and faithful in their Trust according to the best of their knowledge And that in the Election of every Successive Lord Protector they shall proceed therein impartially and do nothing therein for any promise fear favor or reward The Oath taken by His Highness Oliver Cromwel Lord Protector WHereas the Major part of the last Parliament judging that their sitting any longer as then constituted would not be for the good of this Common-wealth did Dissolve the same and by a Writing under their hands dated the Twelfth day of this instant December resigned unto Me their Powers and Authorities And whereas it was necessary thereupon That some speedy course should be taken for the settlement of these Nations upon such a Basis and Foundation as by the Blessing of God might be lasting secure Property and answer those great ends of Religion and Liberty so long contended for And upon full and mature Consideration had of the Form of Government hereunto annexed being satisfied that the same through Divine Assistance may answer the Ends afore-mentioned And having also been desired and advised aswell by several Persons of Interest and Fidelity in this Commonwealth as the Officers of the Army to take upon Me the Protection and Government of these Nations in the manner expressed in the said Form of Government I have accepted thereof and do hereby declare My acceptance accordingly And do promise in the presence of God That I will not violate or infringe the matters and things contained therein but to My power observe the same and cause them to be observed and shall in all other things to the best of My understanding Govern these Nations according to the Laws Statutes and Customs seeking their Peace and causing Justice and Law to be equally administred O. Cromwel Oliver Cromwell Captain General of all the Forces of this Commonwealth and now declared Lord Protector thereof did this Sixteenth day of December One thousand six hundred fifty three Sign this Writing and solemnly promise as is therein contained in presence of the Lords Commissioners of the Great Seal of England who Administred the same Oath and of the Lord Mayor and Aldermen of the City of London divers of the Judges of the Land the Officers of State and Army and many other persons of Quality The Writing mentioned in the Oath was in these Words December 12. 1653. UPon a Motion this day made in the House that the sitting of this Parliament any longer as now Constituted will not be for the good of the Commonwealth And that therefore it was requisite to deliver up unto the Lord General Cromwel the Powers which they received from him These Members whose Names are underwritten have and do hereby resign their said Powers to his Excellency The same Day the Council did set forth this Proclamation BY THE COUNCIL WHereas the late Parliament Dissolving themselves and resigning their Powers and Authorities The Government of the Commonwealth of England Scotland and Ireland by a Lord Protector and Successive Trienial Parliaments is now Established And whereas Oliver Cromwell Captain-General of all the Forces of this Commonwealth is declared Lord Protector of the said Nations and hath accepted thereof We have therefore thought it necessary as we hereby do to make Publication of the Premises and strictly to Charge and Command all and every person and persons of what quality and condition soever in any of the said three Nations to take notice thereof and to conform and submit them selves to the Government so established And all Sheriffs Majors Bayliffs and other Publick Ministers and Officers whom this may concern are required to cause this Proclamation to be forthwith Published in their respective Counties Cities Corporations and Market Towns To the end none may have cause to pretend ignorance in this behalf Given at White-Hall this sixteenth day of December 1653. 17 The new Lord Protector observed new and great State and all Ceremonies and respects were paid to him by all sorts of Men as to their Prince 19 Letters that the Highlanders dispersed themselves for their Levys and intended to force unreasonable Contributions That some of them near Durham robbed the Post Boy took away his Letters Horse Coat and Twenty pence in money That Major Murryhead was taken Prisoner by a Party of the English he being on his Journey to the Highlanders That Captain Lisle with a Party of the English Army fell into the Enemies Quarters and took Two Captains one Cornet one Quarter-Master a Corporal and twenty private Souldiers and about forty Horse and some Armes fired the House and killed three Men and lost not one Man and but one wounded in the Thigh That by Order Captain Lisle met with Collonel Morgan and they marched seven Miles into the Highlands
of no Laws but from him then all the Right Priviledges and Estates we have are enjoyed by his Mercy only without the Execution of Laws no man hath more right to Lands or Goods than another nor is any mans Life under any security if another be stronger than he So that Cromwel owns and professes that the Bread that every man eats is by his mercy and if his Power was without limit as he says until he had put some bounds then 't is of his grace and favour only that all English-men have now a seeming Right in their Wives Children Servants Lives and Estates if his own limits of his Power gives any such right and if he please to throw away or burn by the hand of the Hang-man his limit in his Paper of Government who can controll him he may do what he list with things of his own making 't is the old English Proverb He that can bind can loose and he may do what he list also with the Authority of Parliaments if it be as he says of his own giving Now wherein doth a Patroons Power over his purchased Slave exceed this which Cromwel owns over us The Patroon can but give the Slave his Laws his Cloathes his Meat his Life and all those Cromwel owns to have given to us only he speaks it in such Language as sounds not so harshly Now after the Expence of so much precious Christian Blood for the setling the Rights and Liberties due unto us as Men and Christians when he that was trusted with an Army for that purpose hath so unworthily betrayed his Trust spilt innocent Blood like Water falcified all his Declarations Promises Protestations and Oathes and assumed to himself such a Dominion over our Country as is Destructive unto all Right and Liberty and renders us and our Posteritys Slaves to him and his Successors with the Payment of a Fifth or there abouts of our Estates certain in Taxes to be Intailed upon our Posterities besides other burthens we appeal to the conscience of every honest Man whether a present necessity and an incumbent duty be not upon us to Arm our selves in defence of our Ancient Laws and dearest Birth-rights against the present Imposter and Vsurper and we hope most of the present Army have not extinguished their love to their Countrys freedom although Cromwells hypocritical Professions Prayers and Tears have much deluded them but that they will readily concur with us and other honest English-men in our present attempt by Force of Armes to Redeem our Country out of the Vsurpers bonds and to seek those righteous ends which we do hereby Declare to be those for which we now hazard our Lives and with which we shall rest satisfied and return to our homes in Peace and they are those following viz. 1. That all assumed and Vsurped Powers and Authorities over our Countrey may be utterly Abolished 2. That the Government may be setled upon a just Basis with due bounds and limits to every Magistrate 3. That the ancient Liberties of England setled by Magna Charta the Petition of Right and other Laws may be secured inviolably That no Mans Person may be Molested Imprisoned Restrained or touched without a Legal Cause shewn in the Warrant whereby he is molested or restrained and that also in a due Course of the Laws known Proceedings without Conntermands from the will of any man whereas now mens Persons are troubled and restrained at will and destroyed by long Imprisonments no man knows for what And also that no Mans Estate may be liable to any disposal or prejudice but by the known Laws of the Land and the lawful Judgment of his equals 4. That free Successive Parliaments may be setled with times of their beginning and ending and with their ancient Power and Priviledges And that the Jurisdictive Power which Parliaments have taken upon them to Exercise in these times of War Distraction by taking upon them the Judgment of particular Causes concerning Mens Persons and Estates sometimes by their Committees and sometimes by themselves contrary to the known Proceedings of the Law that such Power we say may be Declared against and Provision made against the same that thereby Parliaments may be free from the temptations of Profit Friendship and all private Interests by which only they can be corrupted 5. That the Militia of the Nation may be so disposed that no man may be able to be Master of Parliaments and also that secure Provision may be made that no Parliament shall make it self perpetual and inslave the people to them And that such a settlement may be made of Right and Freedom and these our ends obtained and a peace firmly established we know no means under God but a truly free Parliament Now for the Defence of these our Rights and Liberties we are resolved to expose our Lives to the utmost hazards and we shall neither wrong nor oppose any man who doth not joyn himself to the present Vsurper to destroy or prevent these our Righteous ends and though we have reason to believe that no person fearing God or of Conscience Honour or Reason can satisfie himself to shed our innocent blood for seeking these things yet however we shall commit our selves and our just Caus to the tuâ—tion of the rightcous God and hope in his mercy that our endeavours may procure Justice Freedome Peace and Settlement unto this distracted Nation Many who viewed this Declaration knew there was too much of Truth in it and had not the Design been nipt in the Bud and timely Discovered and Prevented it might have caused some disturbance to the Protector and to the Peace of the New-Government but by the Commitment of the Chief Conspirators their Plot was crushed and the Peace not interrupted Divers wondred most that Wildman and others of his Party who had served the Parliament should now joyn in this Design with those of the Kings Party but they alledged the strengthening of themselves and their Power afterwards to suppress the Cavaliers or any other who should oppose their Ends but divers suspected their Designs at the bottom of it to intend the bringing in of the King because they conclude in their Declaration for a truly free Parliament which was the way for the Kings Restauration and that began now to be held fit and requisite by many sober and faithful Patriots who were distasted at the private Ambition of some and their Domineering and feared the Faction daily increasing that would prevent a firm Settlement of our Peace The Protector was jealous of many of his former Friends to be this way inclin'd and of Whitelock in particular which was thought one main reason of his sending him out of the way to Swedland and of his not taking him in to be of his Council March 1654. The Protector and his Counsel were very busie in framing New Ordinances to please the People Amongst them they had one in Consideration for regulating the Proceedings in Chancery which caused
a Name If ought of that Nature happen amongst the infinite Particulars wherewith this Volume is charged it must be Noted without any Imputation either to the Intelligence or to the Integrity of our Author this being a Posthumous Work and as has been said never by him intended for the Publick MEMORIALS OF THE ENGLISH AFFAIRS During the REIGN of King Charles the First Anno 1625 Car. I KING Charles the First succeeded his Father King James Immediately after whose death the Privy Council met and drew up the Form of a Proclamation to proclaim King Charles which was forthwith published at Theobalds where the King dyed and in London by the Nobility Privy Councellors Gentry Lord Mayor and Aldermen in great Solemnity and so it was in all places with great Acclamations and testimonies of Joy from all sorts of People By advice of the Council a Commission was granted to authorize the Great Seal Privy Seal and Signet till new ones could be prepared And Commissions for authorizing of Judges Justices of Peace Sheriffs and all other Officers for Government with a Proclamation for that purpose because their Powers ceased by the King's death and the like was for Scotland and Ireland King James's Body was buried with due Solemnity at Westminster his Son King Charles though not usual was present at the Funerals The Duke of Buckingham was received by the King into an admired Intimacy and Dearness General Musters are in all Counties and 12000 Soldiers levied Coat and Conduct Money ordered to be disbursed by the Countrey and they to be paid again out of the Exchequer these were for the Palatinat and a Commission granted for Martial Law to keep the Soldiers in the better Discipline These Points of Coat and Conduct Money and Martial Law occasion'd frequent and great Debates amongst the Judges and other learned men The Espousals of our King with the King of France's Sister were made in Paris by Cardinal Richelieu and with the highest State Feasting and Bravery that could be Buckingham was sent into France to conduct the Queen hither A Navy Royal sent to Bullen to waft her over Sea she arrives at Dover where the King met her And with great expressions of affection and rejoicing by himself and all his Subjects she is received and safely came to London Some extraordinary Ceremonies and Solemnities were omitted by reason of the Plague then increasing All the Judges were sent for by the Lord Keeper Williams who told them That the King desired to change his stile and to use the stile of King of Great Britain as well in all Legal Acts and Proceedings as in Acts of State and other indifferent Acts. And he prayed the Judges to consider of it and to certifie him how it might be done They all met consulted and agreed that it could not be done which they certified the Keeper and that all the Judges of England being ask'd their opinions concerning this Point in the first Parliament of King James they answered una voce that it could not be done and Lords and Commons were likewise of the same judgment The Parliament met at Westminster the King made a Speech to them touching the War of the Palatinat wherein the last Parliament had engaged his Father and which was of necessity to be prosecuted and supplied and he urged his great wants and charges And then the Lord Keeper enlarged upon the same The Commons pressed upon the Grievances not redressed and to have an account of the last Subsidies others were for Execution of the Laws against Papists and the questioning Mr. Mountague for his Book Appello Caesarem contrived to put a Jealousie between the King and his Subjects and to encourage Popery Others praised the King and said That no Grievances had been yet in his Reign and they were only for a Petition for Religion and that Religion and Subsidies might go hand in hand together After a Fast both Houses Petitioned the King concerning Religion and against Recusants which was answered hopefully Mountague was brought to the Bar of the House of Commons for his Book the Arminian Party take in with him The House voted his Book contrary to the Articles of Religion tending to the Dishonour of the King and Disturbance of the Church and State The King owned Mountague as his Chaplain The Commons not pleased therewith yet Voted to give the King two Subsidies for which the King thanks them by a Message and yet informs them that the Necessities of the present Affairs were not therein satisfied but requires their further counsels and now he sent a full Answer to the Petition of Religion By reason of the Plague increasing the Parliament was adjourned to Oxford The Vantguard and seven other English Ships were lent to the King of France and employed against Rochel the Mariners refused the Service Buckingham was acquainted with it but not the Body of the Council The Protestants of France sollicit our King against it but he expresly commands the Vice-Admiral Pennington to do it the which he obeyed The Parliament Re-assembled at Oxford whither this News of the Ships came and exasperated many of them especially against the Duke They insist upon the Grievances Mountague is summoned his Cause by some of the Bishops is recommended to the Duke and they say That if the Church be once brought down below Herself even Majesty it self will soon be impeached and they say that King James approved Mountague's Opinions But others differed from them The King again speaks to the Two Houses of Parliament touching the War in which they engaged his Father for the Palatinat and the Breach with Spain then by his command the Lord Conway and Sir John Cooke declar'd to the Houses more particularly the present state of Affairs in Germany France the Low-Countries Sueden and other Kingdoms they computed the charge of the War to 700 000 l. a year besides the Navy and Ireland The Treasurer also acquainted them with the King's Debts for Denmark the Palatinat his Father's Funeral his own Marriage in all 300 000 l. Yet the Commons were unsatisfied some said That thing 's were improvidently managed and by contrary designs that it was not usual to give Subsidies upon Subsidies in one Parliament and no Grievances redressed that great Sums of Money were given for places that the time of the year was too far spent for the Navy to go forth that it should be enquired whether the Duke brake not the Match with Spain out of spleen to Olivarez and whether he made not the Match with France upon harder terms To these and many other things of the like nature the Duke made a handsom and plausible Answer to both Houses and gave them account of the Fleet much variety of opinion was in the House of Commons in debate hereof The King sends a Message to quicken them They answer him with a general Declaration And the King perceiving the Commons resolved
against Supply without redress of Grievances this Parliament by Commission was dissolved The King followed his design of the War and to put the Fleet to Sea and made a League with the Vnited Provinces against the Emperor and King of Spain Then issues a Proclamation to Recall Recusants Children from Beyond Sea and against Popish Priests and to command all English in the Service of the Emperor King of Spain and Archdutchess to return to England The King sends out his Letters to the Lord-Lieutenants of Counties touching a general Loan of Money to him and Warrants are issued forth to disarm Recusants The Fleet being ready with ten Regiments the Lord Wimbleton was made Commander in chief great muttering was that this design was not known to the Council but to the Duke onely and that he went not in Person The English and Dutch Ships designed to block up Dunkirk were dispersed by storm and 22 Dunkirk Men of War with Land-Forces gave an Alarum to England and Ireland The Fleet came together again and neglected or preposterously attempted a great Booty of Spanish Ships in Cadiz Bay then the Army landed and took a Fort but the English finding store of Spanish Wines abused themselves and hazarded the ruine of all They were again Shipt and the General put to Sea to wait for the Plate Fleet but the ill condition of his men by a general Contagion enforced his return home without any honourable performance which caused great clamor but where the fault lay hath not yet been determined nor any punisht for it The General was accused by some of his Colonels and Seamen and examined before the Council he laid the blame on some who did not fight the Spanish Ships as he ordered them they denied that they had Orders to fight This fending and proving little salved the Honour of the Nation All Trade with Spain is prohibited upon Confiscation all the Trained Bands are Exercised The Plague still raged in London so that in one week there dyed 5000 persons it was also spread in many places in the Countrey In some Families both Master and Mistriss Children and Servants were all swept away For fear of Infection many persons who were to pay money did first put it into a Tub of Water and then it was taken forth by the Party that was to receive it When the Plague was somewhat assuaged and there dyed in London but 2500 in a week it fell to Judge Whitlock's turn to go to Westminster-Hall to adjourn Michaelmas Term from thence to Reading and accordingly he went from his house in Buckinghamshire to Horton near Colebrooke and the next morning early to High-Park Corner where he and his Retinue dined on the ground with such meat and drink as they brought in the Coach with them and afterwards he drove fast through the Streets which were empty of People and overgrown with Grass to Westminster-Hall where the Officers were ready and the Judge and his company went strait to the Kings-Bench adjourned the Court returned to his Coach and drave away presently out of Town Sir Edward Coke and other Gentlemen who had appeared the last Parliament against the Duke were made Sheriffs and so could not be chosen Parliament-men Coke excepted against several parts of the Sheriffs Oath and by advice of all the Judges one of his Objections was allowed to wit the Clause To destroy Lollards which by Order of the King and Council was left out of the Oath and so continues The carriage of the Bishop of Lincoln towards the Duke at the Parliament at Oxford was remembred and he was sequestred from the King's Presence and from the Council and from the Custody of the Seal which was given to Sir Thomas Coventry and he was sworn a Privy Councellor and Lord Keeper The King finding the discontents of his Subjects increased thought fit to call another Parliament and first Commands are given to the Bishops to proceed against the Papists by Excommunication and a Proclamation confines them The King determines to leave Mountague to the Parliament to the great regret of Bishop Laud. The Coronation of the King is appointed on Christmas-day and Commissioners made to receive and determine Claims concerning Services to be then done Knights of the Bath are to be made and a Proclamation issues for all that had 40 l. per annum to come in and receive the Order of Knighthood A Day of Thanksgiving was kept for the ceasing of the Plague In London and the Out-Parishes this year dyed 54265 persons whereof of the Plague 35417. The King's Coronation was performed with the usual Ceremonies and Solemnities by Bishop Laud onely the King's Robe was White Sattin because as some say Purple could not be then had The Bishop of Lincoln having received no Writ of Summons to this Parliament desired the King that he might make his Proxy and besought him to mitigate the Duke's causeless anger towards him The Parliament being met the Lord Keeper made a Speech to them Of the Benefit and Constitution of Parliaments and the King's love of them and his striving whether he should be major or melior a greater King or a better man and that the causes of calling them were to make good Laws and to execute Justice Then the King approved of the Speaker who made an Harangue suitable to the Times Extolling the King and praising Monarchy Parliaments Bishops Lords Commons Laws Judges and all that were in place and inveighing against Popery and the King of Spain And concluded with the usual Prayer That his Majesty would allow the Priviledge of Parliament Freedom of Debate and Access to his Royal Person The Commons began to fall upon the Publick Grievances the Miscarriage of the late Voyage to Cadiz the mis-imployment of the Kings Revenue Evil Councels Favouring of Papists The Loans Taxes and many other which they referred to Committees They likewise Exhibited Articles against Mountague The Privy Councel required the Bishop of Durham to Apprehend such of his Majesties Subjects as should be present at Mass and to Commit them to Prison and the Kings Attourney sent Letters to the Judges to direct their strict proceedings against Recusants in their Circuits The Commons questioned the Seising of the Ship The Peter of New Haven by Sir James Bag upon which our Merchants Ships and Goods were seised in France The Duke said he would justifie it by the Kings Order The Council of War for the business of the Pallatinate were called into the House of Commons but made no clear Answer The King by Message and the Lords press the Commons for Supplies They proceed as to the Grievances by the method of Evils and Remedies and Resolved 1. That the Diminution of the Kingdom in strength and honour is an Evil which we suffer under 2. The Increase and countenancing of Papists 3. The not Guarding of the Narrow Seas 4. Pluralities of Offices in one hand 5. Sales of Honours and
places of Judicature 6. Delivery up of Ships to the French 7. Mis-imployment of Three Subsidies and Three Fifteens They Ordered That the Duke on whom these Misdemeanours chiefly reflected should have Notice of the Intention of the House of Commons suddainly to resume the Debate of these things There served in this Parliament in the House of Commons many persons of Extraordinary Parts and Abilities whose Names are in the List of those times Mr. Clement Coke in his Speech in the House of Commons concerning Grievances said That it were better to dye by an Enemy than to suffer at home The Lords ready to comply with the Kings desires appointed a Committee to consider of the Safety and Defence of the Kingdom and Safeguard of the Seas The Committee advised one Fleet to be presently set out against the King of Spain and another to Guard our Coasts and Merchants this was sent to the House of Commons but not well resented by them The King sent a smart Letter to the Speaker pressing for present Supplies and promising Redress of Grievances presented in a dutiful and mannerly way and this was further urged by Sir Richard Weston To Know without further delay of time What Supply they would give unto the King To this the Commons returned a general Answer promising a Supply The King Replyed As to the Clause of presenting Grievances that they should apply themselves to Redress Grievances not to Inquire after them And said I will not allow any of my Servants to be questioned among you much less such as are of Eminent Place and near unto me I see you especially aim at the Duke I wonder who hath so altered your Affections towards him Then he mentions the Honour that the last Parliament of his Father Expressed to the Duke and labours to Excuse him and concludes I would you would hasten for my Supply or else it will be worse for your selves for if any Evil happen I think I shall be the last that shall feel it This was suspected to be the Advice of the Popish Councellors to cause a Breach betwixt the King and his Parliament who thereupon mentioned the Duke as the chief Cause of all Publick Miscarriages and Dr. Turner a Physitian propounded his Quaeries to that purpose Upon the Opinions of Sir Thomas Wentworth Noy Selden and others the House Voted That Common Fame is a good Ground of Proceedings for that House The King sent a Message to the Commons by Sir Richard Weston That he took Notice of the Seditious Speech of Mr. Coke and of Dr. Turners Articles against the Duke of Bucks but indeed against the Honour and Government of the King and of his Father That he cannot suffer an inquiry on the meanest of his Servants much less against one so near him and wonders at the foolish impudence of any Man that can think he should be drawn to offer such a Sacrifice much unworthy the Greatness of a King and Master of such a Servant He desireth the Justice of the House against the Delinquents That he be not constrained to use his Regal Power and Authority to Right himself against these two Persons Dr. Turner Explained himself and said That to Accuse upon Common Fame was warranted by the Imperial Laws and by the Cannons of the Church That this House in the time of Henry the Sixth did upon Common Fame Accuse the Duke of Suffolk And that Sir Richard Weston himself did present the Common Vndertakers upon particular Fame The next Day Dr. Turner wrote a Letter to the Speaker to excuse his not attending the House by reason of Sickness and submitting to their Judgments but not acknowledging any fault Sr. John Elliot made a bold and sharp Speech against the Duke and present Grievances yet in the midst of those Agitations The Commons remembred the Kings Necessities and Voted to grant Three Subsidies and Three Fifteens Upon a Message from the King both Houses Attended him at Whitehall Where he gave the Lords thanks and showed the Commons their Errors and referred particulars to the Lord Keeper who in a plain speech assured the Commons That after the great Affairs setled and satisfaction to the Kings Demands he would hear and answer their just Grievances Tells them That his Majesty excepts to the not punishing of Coke and Turner he praiseth the Duke and his Merit from King and Parliament and declares the Kings Pleasure that they proceed no further in the inquiry touching the Duke And saith That the Supply Voted is not suitable to the Ingagements requires a further Supply and their Resolution thereof by a Day else they are not to Sit longer nor will the King expect a Supply this way Then the King spake again and mentioned Mr. Coke and said It was better for a King to be Invaded and almost Destroyed by a Forreign Power than to be despised by his own Subjects And bids them remember That the Calling Sitting and Dissolving of Parliaments was in his Power Being informed That the House of Commons ordered their Doors to be shut whilst they Debated hereof and that they misunderstood some passages in his Speech and in the Lord Keepers The King ordered the Duke at a Conference of both Houses to Explain it Which being done the duke gave them an Account of the business in Spain and indeavours to vindicate himself in that and all his Negotiations both at home and abroad since his being at Oxford and that he did nothing in single Councels excuseth his not going with the Fleet his Master commanding him into the Low-Countries to Treat with the King of Sweden of Denmark and the States Then the Lord Conway made a large Vindication of the Duke in the Publick Transactions The Lords Petitioned the King against the Precedency chalenged by the Scotch and Irish Nobles To which the King Answered That he would take order therein The Lord Conway wrote a Second Letter to the Earl of Bristol by the Kings Command to Know Whether he would choose to sit still without being questioned for any Errors in his Negotiation in Spain and injoy the benefit of the late Pardon or else would wave the Pardon and put himself upon a Legal Tryal Bristol in Answer would not wave the Pardon nor justifie himself against the King and so makes a doubtful Answer Then he Petitions the Lords for his right of Peerage to have a Writ to attend the House and that after two years restraint he may be brought to his Tryal in Parliament The Lords Pray the King That Bristol and other Lords whose Writs are stopped may have their Writs and they had them and the Duke showed the Lords a Letter from the King to Bristol charging him That when the King came first into Spain Bristol advised him to change his Religion and that he prejudiced the Business of the Palatinate Bristol by Petition to the Lords acquaints them That he had received his Writ to attend the Parliament but withal a Letter
time The House of Lords Voted Nemine contradicente That no Lord ought to be Committed sitting the Parliament but by Judgment of the Parliament except for Treason Felony or breach of the Peace And in Pursuance thereof they Voted a Remonstrance to the King to declare their Right and to Pray his Majesty to release the Earl of Arundel which was presented but no Answer being given to it the Lords presented another Petition to the King for an Answer to their former Petition to which the King returned his dislike The Exception taken by the King was at the Words to have a present Answer whereupon the word present was left out in a New Petition which pleased the King who sent for the Lords to Whitehall and Courted them but thinks they mistrust him and shews the difference of the Cause of Commitment of the Members of the House of Commons and the Earl of Arundel and saith He hath just cause of detaining the Earl of Arundel in prison which he will acquaint them with as soon as possibly he can The Lords present a new Petition to the King That he would be pleased to release the Earl or to declare the cause of detaining him in Prison That it was contrary to their priviledge To which the King answered That he would give them satisfaction before the end of this Session The House Adjourned till the next day and after that for a week and then at their Meeting the King signified to them That he would within a Fortnight either release the Earl or show the Cause And at the new meeting of the Lords the King took off the Restraint of the Earl of Arundel The Commons Committed Mr. Moor one of their Members for speaking words reflecting upon the King At this time Cambridge chose the Duke of Bucks for their Chancellour to please the King and shew their dislike to the Commons The Earl of Berks Name was in Competition but he had too much Courtship and too little Spirit to Contest and so he desisted The House of Commons would have Interposed by their Letter against the Dukes choice but the King forbad it challenging those Matters to belong to him and Justified the Duke to the House and by Letter to Cambridge approved their Choice of the Duke The Duke with an Ingenious Speech ushered in his Answer to the Impeachment of the Commons whom he courted yet Justified himself and said That his accuser Common Fame was too subtle a Body for him to Contest with and he doubted not but in time it would be found that Common Fame had abused both them and him His Answer to the several Thirteen Articles against him was distinct and in most of them carryed a fair colour and the chief strength of his Answer was upon the Knowledge of the King and his Father and their direction of the particular passages with his obedience thereunto and following the Advice of the Councel He denys having the Twenty thousand pound of the Earl of Manchester or Six hundred pound of the Earl of Middlesex or the Ten thousand pound of the East India Company but saith the King had those Sums and the Earl of Manchester had satisfaction by the Kings lands for the Twenty thousand pound and the Six thousand pound was given by the King to Sir Henry Mildmay He absolutly denys that he applyed the Plaister or gave the Drink to King James in his sickness but the King knowing that the Duke had been cured of an Ague by a Plaister and a Drink the King would have them and took them some of his Phisitians then being present and allowing them and tasting the drink He concludes with praying the benefit of the General Pardon of King James and this Kings Coronation Pardon to be allowed him The King sent to the Commons to quicken them about the Subsidies They Petitioned the King about Recusants and named those in Places of Government and Trust and Pray they may be put out and by their desire they attend the King where by their Speaker and in Writing they profess their Affection and Loyalty to the King but they desire that His Majesty would not permit the Duke to have any more access to him They agreed upon a Remonstrance against the Duke and concerning the taking of Tunnage and Poundage though not granted to him by Parliament And this they did because they heard that the King intended to Dissolve the Parliament and by Petition they prayed him not to Dissolve it but the King would not receive the Petition but said He was resolved to Dissolve the Parliament and directed a Commission for that purpose and accordingly the Parliament was Dissolved June the Fifteenth one thousand six hundred twenty six unhappily Thus this great warm and Ruffling Parliament had its Period The Common dispersed Copies of their intended Remonstrance which is in Rushworths Collections with the Grounds and Causes held forth by the Kings Declaration for Dissolving this and the former Parliament and the King published a Proclamation against the Parliaments Remonstrance and for the suppressing of it Sir Thomas Chamberlain chief Justice of Chester dyed and Sir John Hobert Baronett chief Justice of the Common Pleas who was a Learned Judge a grave and smooth man After the Parliament was dissolved the King caused an Information to be preferred in the Star-chamber against the Duke of Buckingham for the same Matters contained in the Articles of Impeachment in the Parliament against him to which the Duke put in his Answer and Witnesses were examined but it came not to hearing The privy Councel advised the King to take Tunnage and Poundage and an Instrument to be past under the Great Seal for his taking of it until it could be past by Parliament A Commission Issued to compound with Recusants The King required a Loan of Money and sent to London and the Port Towns to furnish Ships for guard of the Seas Noy a great Antiquary and afterwards Attourney General had much to do in this business of Shipmoney The Deputy Lieutenants and Justices of Dorsetshire excused themselves and said The Case was without president London being rated twenty Ships desired an abatement to ten and two Pinnaces the Councel denyed it and in Answer to their presidents said That the Presidents in former times were Obedience and not Direction A Benevolence was likewise required Then a General Fast was appointed Commissions Issued out for Musters and power of Martial Law was given and the Inhabitants of the Sea Coasts required to repair to and dwell upon their Estates Ships were sent by our King to the Elbe which discontented the Hamburgers they were recalled The King of Denmark declares to assist the Elector Palatine against the Emperour Tilly Fights with him and gives him a Defeat Our King requires a general Loan according to the rate of the Subsidy with promises to repay and that it shall be no president To the imposing of Loans was added the Billetting of Souldiers Martial Law was
1. 3 H. 8. ch 5. The Earl of Holland is appointed to carry the supplies to Rea. The Governor of the Island gives notice of his wants to the French King and hath Releif sent him the French King blocks up Rochel to be near to Rea and supplies the Fort there The Rotchellers and Rohan declare for the English The Governor of Rea gets leave of the Duke to send to the French King pretending to surrender the Fort and so gains time The Duke begins to batter the Cittadel then purposeth to goe away then alters his resolution and storms the Fort but in vaine whereupon he raises the siege and retreats towards his Ships The French pursue and in a narrow cawsey with salt Pits on each side the Duke having made no works or provision for his safe retreat he is attaqued by the French and after a valiant defence especially by the English foot the French by the advantage of the place gave a great blow and slew many of the English yet the rest got to their Ships The Duke is blamed for many neglects he lays it upon the Council of War and the Earl of Holland's not coming with supplies in time Holland and the Council of War excuse themselves The people generally cry out against the Duke and are greatly discontented at this unfortunate action the Marriners are tumultuous and many mischeifs do arise The Rotchellers send to our King for releif and pray his mediation for the Protestants in case a Treaty of Peace be between him and their King They set forth their great streights and distresses and intreat a general Collection for their relief At this time a Resolution is taken to call a Parliament and in order thereto the Imprisoned Gentlemen are released who are in several places chosen to be Members of this New Parliament directions are given to use moderation in the business of the loan money The Archbishop the Bishop of Lincoln and others in disfavour have their Writs to sit in Parliament Yet a Commission of Excise is granted and moneys are disbursed for the raising of German Horse the Jesuits hope well of this intended Parliament Which being met The King spake to them to Expedite their business acquaints them with the common danger moveth for supplies and tells them if they do not their duty he must use such other means as he may to prevent ruine that he will gladly forget and forgive what is past and hopes they will not follow former courses of distraction Then the Lord Keeper inlargeth in his speech acquaints them with the general Estate of affairs in Christendom the enemies and dangers to this Kingdom persuades to supply and to speed and assures in the King's name forgetfulness of any former distasts and all affections of his Majesty unto Parliaments First the Parliament petition for a publick Fast then they debate of the Greivances of billeting of Souldiers Loans Benevolences Privy Seals Imprisonment of Refusers not bayling them upon Habeas Corpus and they incline to give no supply till these were redressed and the point was whether to begin with Grievances or with Supplies The Courtiers were moderate High complaints were made of Deputy Lieutenants compared to Janizaries The business of the Habeas Corpus was examined and found that Mr. Attorney had caused a draught of a Judgment to be made and pressed to have it entred upon the Record but the Judges would not permit it to be done After long debate it was resolved unanimously by the Commons 1. That no Freeman ought to be Imprisoned without cause shewed either by the King or Councill 2. That a Habeas Corpus in that case ought to be granted 3. That if no cause of Committment be returned the Party is to be bayled They also Voted That no Tax ought to be Imposed without assent of Parliament March 26. 1628. Car. 3 Then the King's Proposals were taken into consideration for Supplies They had a Conference with the Lords touching Recusants and their Hierarchy here secretly exercised They agreed upon a Petition to the King That the Laws against Romish Priests might be executed That Children may not be transported beyond Sea to be bred Papists That Recusants may be confined according to law That they may not be permitted to resort to Ambassadors houses to Mass That they may not be in Offices That the Judges be commanded to put the laws in Execution against them and to give an account thereof And that Recusants Children may be brought up in the Protestant Religion All which the King granted The Commons also Voted That no Freeman ought to be confined by the King Privy Council or others but by Act of Parliament or due course of Law And they debated the point of foreign Imployment against ones will They had a Message from the King to convince some false Reports that had been raised of what had passed at the Council and that the Duke spake nothing against the Parliament but was the first mover for it Upon a second Message They unanimously Vote 5 Subsidies with which the King was much pleased and the Duke highly extolled it whereof Secretary Coke informed the House but exception was taken That the Duke's name was mixed with the King 's The Commons at a Conference acquaint the Lords with their resolutions touching the Subjects Liberty and Right confirmed by 7 Acts of Parliament in point Magna Charta being one 12 presidents in Terms and 31 more and the reason cleered The King desires That the Commons would make no recess at Easter This is excepted to as against their privilege who may adjourne when they please They Resolve that Greivances and Supply shall go hand in hand together An unpleasing Message comes to them from the King which raised debate and the speaker delivered to the King a Petition touching Billetting of Souldiers and an excuse touching the King's supply that they did not delay it They vindicate their own proceedings and pray not to be misunderstood The matter of Billetting of Souldiers and the unlawfulness and miseries of it were fully opened in the Petition and present remedy prayed of that Insupportable burden The Lords and Commons debated the point of Marshal Law and touching a Petition of Right Anno 1628 against which the King 's Serjeant Ashley argued that the Proposal of the Commons tended to Anarchy and that they must allow the King to govern by Acts of State for which the Lords committed him and he recanted At a free conference the Lords and Commons debated of proposals to the King touching the property and liberty of the Subject made by the Lords with which the Commons were unsatisfied The King pressed for Supplies and declared that he holds Magna Charta and the other 6 Statutes to be in force and will govern according to Law And it was advised to rely upon the King's promise but all were not satisfied to doe it and a
are said to be committed in Parliament and ought not to be punished in this or any other Court except in Parliament The Kings Attorney moved the Court to over-rule the Plea though he did not demur to it but the Court would not and gave a day to joyn in Demurrer and to have the point argued The Attorney exhibited an information in the Star-Chamber against Mr. Long for that he contrary to his Oath when he was made Sheriff and was by his Oath to keep within his County yet he did come to Parliament and serve as a Member there and in the time of Parliament resided out of his County For this the Court sentenced him to pay Two thousand Marks to the King for a Fine to be imprisoned in the Tower and to make a submission In Hillary Term the Information in the King's Bench against Sir John Elliot and the rest touching the point of the Jurisdiction of the Court came to be argued All the Judges severally declared their Opinions That in this case the King's Bench hath jurisdiction of the Cause And the Defendants were ruled to plead further but they would not put in any other Plea Whereupon Judgment was given against them upon a Nihil dicit that they should be imprisoned and not delivered till they had given Security for their good behaviour and made a submission and acknowledgment of their Offences and they were also fined Anno 1630. Anno 1630 In Easter Term Sir Henry Martyn Dr. of Laws and Judge of the Admiralty made a great Complaint to the King against the Judges of the King's Bench for granting Prohibitions against that Court and all the Judges were before the King about it and they mannerly and stoutly justified their proceedings in those Cases to be according to Law and as their Oaths bound them Sir Henry Vane was sent to the Queen of Bohemia about a Marriage for her Son with the Emperor's Daughter and the Son to be brought up in the Court of the Emperor to which the Queen would by no means hearken The Venetians were set on to mediate a Peace between England and France which took effect and Sir Thomas Edmonds was sent to take the Ratification thereof by the King of France by his Oath and signing of it Car. 5 A Book of Sir Robert Dudley's making being of purpose to increase the King's Revenue and containing in it somewhat in prejudice of the proceedings as to the Parliament was dispersed by the Earls of Bedford and Clare Sir Robert Cotton Mr. Selden and Mr. St. John for which they were committed to prison but Sir David Fowlis discovered the Author and so the matter ended and the prisoners were released William Earl of Pembroke died suddenly as was predicted to him by an Astrologer Upon the 29th of May 1630 the Queen was brought to Bed of a Son Prince Charles to the exceeding joy of the Subjects and the same day a bright Star appeared shining at Noon-day in the East About Midsummer this year Gustavus Adolphus King of Sweden landed in Germany with about 8000 Men and as soon as he came on shore he kneeled down upon the ground his Officers and Soldiers round about him and there gave thanks to God for his safe Arrival and prayed for his blessing upon that Action he prayed very pathetically in the presence of his Army and incouraged them by Texts out of holy Scripture himself being the Preacher The Prince Palatine sent his Plea to the Dyet at Leypsick and Sir Robert Amstrother was sent thither from our King to Negotiate the Palsgrave's Restitution but he received only a general Answer That at present the Affairs of the Empire were so pressing that they could not take into consideration the business of the Palatinate but that shortly it should be done and to the satisfaction of the King of Great Britain Dr. Leighton a Scotch-man for his Book Intituled Sions Plea dedicated to the last Parliament counselling them to kill all the Bishops by smiting them under the fifth Rib and railing against the Queen calling her a Canaanite and Idolatress had the Sentence of the Star-Chamber executed upon him he was stygmatized his Ears cut off and his Nose slit and imprisonment Sir Humphrey May Vice-chamberlain of his Majestie 's Houshold and one of his Privy Council died the 10th of June 1630. The Peace with Spain was concluded in November and the Articles solemnly signed and sworn to be observed upon a Latin Bible brought for that purpose by Bishop Laud. At this time the Face of War was over most parts of Christendom in Italy and France it was begun and in Spain also France fuller of fears and Germany full of the calamities of War and infested on all sides with potent Enemies Gustavus Adolphus King of Sweden being entred into Germany carries on his Designs vigorously and successfully first he declares the Cause of his Invasion For succour and relief and assistance to the Protestant Princes and the Cause of Religion so much oppressed by the Emperor and the Popish Party The Emperour answers the Declaration and justifies his Proceedings It is certain that the King of Sweden had not the least ambition or thought of beginning a War in Germany wanting Strength and Treasure to carry on so great a Design and therefore for a long time would not hearken to any Motions or Proposals made to him about that matter until he was earnestly sollicited and pressed by the Protestant Princes of Germany to take their Cause and Oppression and the Cause of all the Protestants in Germany into his Compassion and Intreated for the Cause of God and of his People to assist them for their deliverance from the miserable and unjust oppressions and persecutions under which all the Protestant Party did then groan by the Emperor's violence and cruelty towards them And yet it was then after many denials and excuses and dissatisfaction in himself as to the lawfulness of his undertaking this action that at length he was prevailed with by their Importunities and fair Promises but more by the sadness of the condition of the poor Protestants in Germany and the danger to the Protestant Religion there and in his own and all other Countries designed to be rooted out to pity their Estate Paries cum proximus ardet and for defence of the Protestant Religion to confederate with the Protestant Princes of Germany He thereupon made a League with them and raised an Army though but a small one and landed happily as is before mentioned and some of the Princes of the League joyning with him they went on prosperously through the blessing of God going along with them The particular proceedings of this great King Generalissimo of the Protestant Army are set down in the Histories of that War therefore I shall not insert them here But shall only in the general say this that the relation of those Affairs by our later Chroniclers is so
greatly mistaken especially in their Censures not so proper for Historians nor becoming the Authors towards so knowing and active Princes Councils and Commanders as they are pleased frequently to judge and to condemn that they are not to be relyed on for they are much different from the truth of the proceedings of those honourable Actors in that War The Marquess of Hambleton sent Rea to the King of Sweden to offer his Assistance and that he would bring over Forces to him but some suspected the Marquess to have a deeper design under this pretence to begin to raise Forces to back his intended purpose of making himself King of Scotland But the Marquess being full of subtilty and in great favour with the King he wiped off all suspicion of himself goes on with raising of his Army and conducted it into Germany But so little care was taken of provisions and accommodations for his Men that they were brought into a sick and shatter'd condition so that they mouldred away in a short time and the Marquess was forced to return to England without gaining any great Renown by this action wherein he neither did Service to the King of Sweden nor to himself or to the Protestant Cause in Germany The Papists in Ireland grew into a great height Monasteries were there erected Papists frequented their publick Meetings and Masses with as much confidence and as often as the Protestants did their Churches and some of their Priests being apprehended by authority of the Governours were tumultuously rescued by the people of Dublin The Earl of Essex made a second adventure of Marriage with a Daughter of Sir William Pawlet who was of great Beauty but little Fortune some suspicion was raised touching her and a Divorce perswaded but she had at length a Child and the Earl her Husband owned it The Feoffees in trust for the buying in of Impropriations to be bestowed upon preaching Ministers were brought into the Exchequer for the breach of their trust and for bestowing Maintenance upon Nonconformists their Corporation was dissolved and their Money adjudged to the King Huntley before-mentioned being grievously censured in the High Commission Court and by them imprisoned brought his Action of false Imprisonment against the Keeper Mr. Barker and some of the Commissioners by name The Attorney General by the command of the King moved the King's Bench that the Commissioners might be spared and the proceedings to be only against the Gaoler upon much debate it was at last ordered that two of the Commissioners only should answer The Archbishop of Canterbury who did blow the Coal in this business and had ingaged the Commissioners in the Cause being first set on foot by himself in wrong courses did press the King by the Bishop of London to stay the Proceedings against the Commissioners The King sent his Advocate Dr. Rives to the Chief Justice requiring him that there should be no further proceeding in the Cause till he had spoken with him The Chief Justice answered We receive the Message but upon Consultation together the Judges conceived the Message not to stand with their Oaths commanding an indefinite stay of a Cause between Party and Party and might stop the course of Justice so long as the King would And they conceived the Doctor no fit Messenger all Messages from the King to them being usually by the Lord Keeper or the King's Attorney in Causes touching the course of Justice By the Courts desire the Chief Justice acquainted the Lord Keeper herewith and Bishop Laud and they both said the Message was mistaken and that the King intended to be in Town again within seven or eight days and then to speak with the Judges about it This Interpretation qualified the Message and the Lord Keeper feemed to agree that the Commissioners ought not to be exempted from answering but that there should be as much slowness in it as might stand with Justice otherwise the Commissioners would be weary of their places to be put to such trouble and charges Judge Whitelocke insisted on three Points 1. That it was against Law to Exempt or Privilege any man from answering the Action of another that would sue him 2. If the Court should Exempt any where should they begin and where should they end 3. That it stood with the King 's Monarchical Power that it might be lawful for any Subject to Complain before him of any other Subject and to be answered in that Complaint The High Commissinoners not contented with the Judges Answer herein caused the King to assume the Matter to himself who sent for the Judges and in the presence of the Lord Keeper and others Commanded the Judges not to put the Defendants to Answer This was at the Importunity of the Archbishop of Canterbury and the Bishop of London pressed the business violently on the behalf of the Commissioners At last they parted charged with the King 's Express Command that they should not put the Commissioners to answer and the Judges stoutly answered that they could not without breach of their Oaths perform that Command and so they parted in displeasure Afterwards by the King 's special Command this Matter was handled at the Council-table in presence of the Judges and after long debate and hearing of the Bishops of London and Winchester two of the Privy-council and of the Judges and King's Attorney it was agreed that the Commissioners should answer And by the stout carriage and honesty of the Judges this was a good and quiet end of an angry Cause Anno 1631. Anno 1631 Some of the Imprisoned Parliament-men upon their Petition were remov'd from the Prisons wherein they then were to other Prisons to prevent the danger of the Sickness then increasing Sir Miles Hobert put in Sureties for his good behaviour and so was discharged from his Imprisonment Sir John Walter died a grave and learned Judge he fell into the King's displeasure charged by his Majesty for dealing cautelously and not plainly with him in the business concerning the Parliament-men as if he had given his Opinion to the King privately one way and thereby brought him on the Stage and there left him and then was of another Judgment His Opinion was contrary to all the rest of the Judges That a Parliament-man for misdemeanour in the House criminally out of his Office and duty might be only imprisoned and not further proceeded against which seemed very strange to the other Judges because it could not appear whether the Party had committed an Offence unless he might be admitted to his Answer The King discharged him of his Service by Message yet he kept his place of chief Baron and would not leave it but by legal proceeding because his Patent of it was Quam diu se bene gesserit and it must be tryed whether he did bene se gerere or not He never sate in Court after the King forbad him yet held his place till he died The
Parliament is not necessary 3. That divers Acts have been made when the Bishops were present and did not consent as the Act of Conformity 1 Edw. 6. and of Supremacy 1 Eliz. 4. That in Parliament though the Bishops dissent in any matter yet the major part of the Barons agreeing it and the House of Commons concurring It shall pass as an Act because the Bishops Votes are over-ruled by the major Vote of the Barons 5. That the Bishops cannot sit in case of Blood in Judicature but they may sit to enact Laws yet not to give assent for execution of them in case of any Murder or Blood In his second Case he had this Point Whether any beneficed Clerk were capable of Temporal Jurisdiction at the time of making that Law To this he argued in the Negative 1. That the first Clergy-men that ever were made Justices of the Peace or had power in Temporal Jurisdiction were the Bishops of Durham and York 34 E. 3. nine years after this Act so not a Principio but a Tempore 2. That before the Statute of Conformity 1 Edw. 6. the Clergy were not put in Commission for Temporal Power and the reason of their being then admitted was to perswade the people to Conformity not to give Judgment against them 3. If in Conscience because of their spiritual Calling they hold it not fit for them to meddle in temporal Causes they may refuse In his third Case he had this Point Whether a Bishop without calling a Synod have power as Diocesan to Convict an Heretick To this he argued in the Negative That although by the bloody Statute of 2 H. 4. some supposed grounds may be raised for maintenance of that Authority yet it is not full and besides which is the main reason the Commons did not assent to the making of that Law For he said He had searched the Records and found that Act only past by consent of the Lords spiritual and temporal and the Commons not mentioned therein His Arguments being reported at Court he was commanded not to proceed in his Reading He repaired to the Lord Keeper with the Heads of his Arguments who said It was good Law but not seasonably delivered and that as he was prohibited by the King so he must have his Licence or else he could not proceed in his Reading and advised him to move the Archbishop Laud therein After the Reader had twice attended at Lambeth without admittance the third time he spake with the Archbishop who told him That he had fallen upon an unfit Subject and in an unseasonable time and that it would stick closer to him than he was aware of The Reader excused himself That he had chosen this Statute two years before and could not alter suddenly what he had before framed That the business about Bishops in another Kingdom did not concern this and that he had no ill Intentions The Archbishop answered That perhaps he had done better to have given it quite over at the first than to suffer by it as he was like to do The Reader replyed That what he had delivered was good Law and he was able to maintain it and would stand by it and hoped he need not to fear any man's power in regard his Cause was lawful and warrantable but he humbly desired his Majestie 's leave to finish what he had begun The Archbishop said His Majesty had otherwise resolved of it So the Reader came away and shortly after went out of Town accompanied with fourty or fifty Horse and in good credit with the Gentlemen of that Society Anno 1640. Car. 16 April 13 1640. The Parliament met when the Earl of Strafford was led into the Lords House by two Noblemen to take his place according to his Degree He gave an account to the House what he had done in Ireland having there obtained a Grant of the Parliament of Four Subsidies for the maintenance of ten thousand Foot and fifteen hundred Horse And it was urged by some as a good President for the Parliament of England The Lord Cottington reported in the Lords House That by the King's Command he and Secretary Windebank and the Attorney General had examined Lord Louden in the Tower touching the Letter of the Covenanters to the French King That Louden acknowledged the hand-writing to be his and that it was framed before the Pacification at Berwick to be in readiness but was never sent to that King And that it was supprest upon the Pacification The Lords nevertheless thought fit that Louden should be continued in the Tower until further Evidence either to convict or to clear him Glanvill who had engaged to be a better Servant to the King than formerly was now Speaker of the House of Commons and very active to promote his Majestie 's desires whereof he gave sufficient testimony and of the change of his former Opinion A Message was sent by the King to the Commons which was for Supplies representing to them the intollerable Indignities and Injuries wherewith the Scots had treated him and he declared that if the House of Commons would assist him suitable to the Exigency of his Occasions he would quit his claim of Ship-money and give them contentment in all their just Demands This Message did take much with the House the Speaker Sir John Wray and others cried it up yet they first insisted upon a Security in three Points 1. For clearing the Subjects Property 2. For establishing Religion 3. For the Privilege of Parliament Many Conferences were between the Lords and Commons and warm Debates in both Houses upon the old Question Which should precede the King's Supply or the Subjects Grievances In the debates Strafford was magnified for being a chief Instrument to bring on this Parliament at length the Lords after a strong division Voted for the King and the House of Commons for the Subjects But it was not long ere this difference was unhappily decided Secretary Vane who by the King's appointment was to make known the particulars of his Desires demanded Twelve Subsidies At which high and unreasonable Demand as some called it many of the House of Commons were greatly distasted and expressed themselves to that purpose yet were generally inclined to have given no usual or lean Gift the Gift of Six Subsidies Sir Henry Vane escaped not without his Censures That his Commission from the King was but to demand six Subsidies and that his mistake in requiring twelve Subsidies was industrious and on purpose to raise the House to animosity Which took effect but whether intended so or not is hard to judge The King advising with his Juncto the averseness of the House of Commons to any compliance with him and their sharp Debates upon the old score of Grievances was rendred to him so desperate that May 5th he ordered the Dissolution of that Parliament The Councel given to Dissolve this Parliament was greatly and generally disliked and the differences between the King and
into the fire these bloody and mysterious Volumes of constructive and arbitrary Treason as the Primitive Christians did their Books of curious Arts and betake your selves to the plain Letter of the Law and Statute that telleth us what is and what is not Treason without being more ambitious to be more learned in the Art of Killing than our Fore-fathers It is now full two hundred and fourty years since any man was touched for this alleaged Crime to this height before my self Let us not awaken these sleeping Lions to our destructions by taking up a few musty Records that have lain by the walls so many Ages forgotten or neglected May your Lordships please not to add this to my other Misfortunes let not a President be derived from me so disadvantageous as this will be in the Consequence to the whole Kingdom Do not through me wound the Interest of the Common-wealth and howsoever these Gentlemen say they speak for the Common-wealth yet in this particular I indeed speak for and shew the Inconveniences and mischiefs that will fall upon it For as it is said in the Statute 1 H. 4. No man will know what to do or say for fear of such Penalties Do not put my Lords such Difficulties upon Ministers of State that men of VVisdom of Honour and of Fortune may not with chearfulness and safety be imployed for the Publick if you weigh and measure them by Grains and Scruples the publick Affairs of the Kingdom will lie wast no man will meddle with them who hath any thing to lose My Lords I have troubled you longer than I should have done were it not for the Interest of these dear Pledges a Saint in Heaven hath left me At this word he stopt awhile letting fall some tears at her Memory then he went on What I forfeit my self is nothing but that my Indiscretion should extend to my Posterity woundeth me to the very Soul You will pardon my Infirmity something I should have added but am not able therefore let it pass And now my Lords for my self I have been by the blessing of Almighty God taught That the afflictions of this present life are not to be compared to the eternal weight of glory which shall be revealed hereafter And so my Lords even so with all tranquility of mind I freely submit my self to your Judgment and whether that Judgment be of Life or Death Te Deum landamus Certainly never any Man acted such a part on such a Theatre with more Wisdome Constancy and Eloquence with greater Reason Judgment and Temper and with a better Grace in all his Words and Gestures than this great and excellent Person did and he moved the hearts of all his Auditors some few excepted to remorse and pity After he had done Pym and Glyn endeavoured to aggravate his Offences and so both Houses rose The Commons thought fit to justifie their Charge by Law to be Treason To which effect Mr. St. John one of the Committee made an elaborate and learned Argument It was insisted upon amongst many other things That in the Stat. 25 E. 3. the Index of Treason is a Salvo that because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason in time to come should be punished as Treason April 17. The Point in Law was argued for the Earl by Mr. Lane the Princes Attorney Mr. Loe Mr. Gardiner and Mr. Lightfoot were also present of his Councel Mr. Lane argued upon the Statute 25 E. 3. That it was a declarative Law not to be extended by Equity Consequence or Construction but by the express Letter only and being a Penal Law admitted no Inferences Penalties being to enforce obedience to known Laws not to doubtful or conjectural As to the Salvo he said That 6 H. 8. 4. a Petition was preferred by the Lords to have all Treasons limited by Statute and in that Parliament Chap. 20. an Act was made whereby that Salvo in 25 E. 3. was repealed and nothing to be Treason but what was literally comprehended in the Statute 25 E. 3. After this a Bill was brought into the House of Commons to attaint the Earl of high Treason upon Debate whereof they voted him guilty of high Treason And 19. April upon the Ingrossment of the Bill it endured a sharp Debate The Lord Digby and divers others appearing eminently for the Earl against the Bill but upon division of the House the Bill was passed yet there were fifty nine Dissenters This was 21. April and the same Afternoon it was sent up to the Lords April 24. The Lords were put in mind to appoint a Day for the reading of the Bill of Attainder and 29. April Mr. St. John by command of the House of Commons in the presence of the Lord Strafford offered to the Lords Reasons and Authorities to satisfie them and to justifie the Bill by Law The House of Commons in the mean time petitioned the King 1. For removing Papists from Court. 2. For disarming of them generally 3. For disbanding the Irish Army To which the King gave Answer 1. That all knew the legal trust the Crown had in that particular that he would use it so as not to give just cause of scandal 2. He was content it should be done by Law 3. Vpon Consultation he found many Difficulties therein and so wished the Disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English May 1. The King called both Houses of Parliament together and did passionately desire of them not to proceed severely against the Earl whom he answered for as to most of the main particulars of the Charge against him tells them that in Conscience he cannot condemn the Earl of high Treason and that neither fear nor any other respect should make him go against his Conscience But for Misdemeanours he is so clear in them that he thinks the Earl not fit hereafter to serve him or the Commonwealth in any place of trust no not so much as a Constable May 2 d The Marriage was solemnized at Court between the young Prince of Orange and the Princess Mary the King's Daughter This day being Sunday from some Pulpits it was preached to the People the necessity of Justice upon some great Delinquents now to be acted And the next Morning May 3. a Rabble of about six thousand out of the City came thronging down to Westminster with Swords Cudgels and Staves crying out for Justice against the Earl of Strafford pretending decay of Trade and want of Bread They applyed themselves to the Earl of Mont-gomery who gave them good words and endeavoured to pacific them which is the best way in popular Tumults and yet this Multitude were very rude with some of the Lords and they posted up at Westminster the Names of all those Members of the House of Commons who had Voted for the Earl and
mightily increased the Scots Successes animated other Subjects to their illegal Pretences and impious Actions and in this time of the King's absence in Scotland the Irish Flames of Rebellion brake forth having been thus kindled The last year the Parliament at Dublin sent a Committee hither with a Remonstrance to the King of their Grievances and Pressures under the Government of the Earl of Strafford whom they had accused of high Treason The King gave them most favourable Answers and Redresses and parted with much of his own to give contentment to his Irish Subjects Mr. Wainsford Deputy there to the Earl of Strafford Lieutenant being dead the King by Commission constituted the Lord Ditton and Sir William Parsons in the Government there but finding Ditton not well liked he made Sir William Parsons and Sir John Borlace generally approved to be the Lords Justices there These applyed themselves to give all satisfaction to the people they abated the Subsidies given in Strafford's time from 40000 l. to 12000 l. Passed an Act of Limitation much desired to settle all Estates for sixty years precedent and another for relinquishing the King's Right found for him by Inquisition to four Counties in Connaght and other Territories He declared the Earl of Leicester Lord Lieutenant of Ireland and the Papists there were permitted a private enjoyment of their Religion and a general good Agreement was had between the English and Irish In this Security the Irish Army was disbanded after which and in the King's absence in Scotland about October 23. there brake forth so horrid black and flagitious a Rebellion in Ireland as cannot be parallell'd in the Stories of any other Nation This was fomented and contrived by their Popish Priests and Lawyers some of their Maxims in Law were That any one being slain in Rebellion though found by Record gave the King no Forfeiture That though many thousands were in Arms and exercising the violences of War yet if they professed not to rise against the King it was no Rebellion That if one were Outlawed for Treason his Heir might reverse the Outlawry and be restored These and the like Tenets they published in their Parliaments and endeavoured a Suspension of Poyning's Act and the Act for annexing that Kingdom to the Crown of England and assumed a power of Judicature in Criminal and Capital Causes to be in their Parliament They took advantage of the Scots Sucesses of their Favourers in England and our Distractions here of the disbanding the Army there and the Death of the Earl of Strafford They raise Forces give out that the Queen was in the head of them and the King was coming with an Army to them and the Scots had made a League with them that they were authorised by the King's Commission and asserted his Cause against the Puritans of England To their Country-men they scatter Advertisements out of England of a Statute there lately made That all Irish shall come to the Protestant Worship on pain of loss of Goods for the first Offence of Lands for the second and of Life for the third Offence They give them hope to recover their Liberties and ancient Customs to shake off the English Yoke to have a King of their own Nation and to possess Goods and Estates of the English These Motives they published in Print That the King and Queen were curbed by the Puritans and their Prerogatives abolished which these as loyal Subjects take to heart and that the Catholick Religion is suppressed in England and the Catholicks there persecuted with all rigour even to death and that the Puritans in Ireland have threatned to doe the same there That in Ireland the Catholicks are made uncapable of any Office to the decay of them in their Estates Education and Learning That the Government of their Country is in the hand of Strangers who come thither poor and mean yet soon rise to wealth and honour by oppressing the Natives That there have been threatnings to send Forces to compel the Consciences of the Irish and to cut their Throats and that the Catholicks are not allowed to have any Arms or Ammunition but the Protestants and Puritans may Vpon all which they saw no way but to attempt to seize upon Arms where they could get them to save their Lives maintain the King and Queen their Religion and Country Upon these pretences and manifest untruths they ground their taking up of Arms. The first suspicion whereof was by Sir William Cole who about Octob. 11. wrote to the Lords Justices of great resort to Sir Phelim Oneale and to the Lord Macquierre and they were exceeding busie about dispatches About October 21. He wrote another Letter to them of what some Irish had revealed to him of a design to seize the Castle of Dublin to murther the Lords Justices and Councel and all the Protestants there and throughout the Kingdom But this Letter came not to their hands When many of the Conspirators were come to Dublin and met there at a Tavern one Owen O Conelly an Irish-man but a true Protestant came to Sir William Parsons about Nine a Clock at Night with a broken relation of a great Conspiracy to seize the Castle the next morning and that Mac Mahon who was one of them had told him so much Parsons seeing Conelly distempered with drink gave the less credit to his relation but wished him to return to Mac Mahon to get out of him what he could further of the Plot and to return to him again that Night Yet he did not so slight the Information but that secretly he ordered strong Guards in several places and assembled the Councel where they expected the return of Conelly who coming to them was seized on by the Guards who had carried him to Prison and so prevented the discovery of the Plot had not a Servant of Sir VVilliam Parsons accidentally come by and rescued Conelly and brought him somewhat recovered of his drinking unto the Lords Justices and Councel who confessed that a few days before upon Letters from Mac Mahon he went to meet him at Connaght but he being gone to Dublin Conelly followed him thither and they two went to the lodging of the Lord Macquierre that by the way Mac Mahon told O Conelly that this Night there would be a great number of Irish Noblemen Papists in Dublin who with himself would take the Castle by Morning then force the City by the Ordnance and destroy all the Protestants and so divers others were ordered in all parts of the Kingdom to seize and destroy all the English at an Hour designed viz. to Morrow by Ten a Clock and that no posting nor speed could prevent it That Conelly moved Mac Mahon to discover it rather to the State to prevent the mischief But he answered He could not help it yet that they owned their allegiance to the King and pay it to him but what they did was against the tyrannical Government over them and
both for War and Peace the place for Intelligence and Supplies and betake himself to the Countrey where these things were not to be had and by his leaving the Town bring great disadvantages upon himself and his Affairs this was thought not to have been done advisedly But the fears of those with him and his own fears for them occasioned by the Tumults and his hopes that by his absence the heat of the House of Commons might in some measure be cooled were alledged in excuse of this Action The next day the five Members were triumphantly brought from London to Westminster by Water by a great number of Citizens and Sea-men in Boats and Barges with Guns and Flaggs braving as they passed by Whitehall and making large Protestations at Westminster of their adherance to the Parliament At Hampton-Court the King gave the like answer to the Buckinghamshire Petition as he had done before to that of London The Parliament were informed that the Lord Digby and Colonel Lunsford were gathering some Troups of Horse at Kingstone and appeared in Arms there whereupon they order the Sheriffs and Justices of Peace in all Counties to suppress all unlawfull Assemblies with the Trained Bands and to secure the Magazines Colonel Lunsford is apprehended and sent to the Tower and the Lord Digby escaped beyond Sea The Court removing to Royston the Attorney General Herbert is summoned to appear at the Lords Barr to answer concerning the Articles against the five Members but the King by his Letter to the Lord Keeper Littleton took all the matter upon himself and excused his Attorney and concludes that finding cause to desist wholly from proceeding against the persons accused he had commanded his Attorney to proceed no further therein Jan. 20. The King by Message to the Parliament adviseth them to digest into one body all the grievances of the Kingdome and to send them to him promising his favourable assent to those means which should be found most effectual for redress wherein he would not onely equal but exceed the most indulgent Princes The Scots having a fair plantation in Ireland offered to transport thither 2500 Souldiers upon certain Articles which the Parliament accepted and at length the King assented to them Then the Scots Commissioners mediated for a Reconciliation of the differences between the King and Parliament for which the House of Commons returned thanks to them The House of Commons moved the Lords to joyn with them in petitioning the King for the Militia and the Command of the Tower but the Lords not consenting the Commons themselves importune the King to put those Powers into the hands of the Parliament as the onely available means to remove their Fears and Jealousies The King not willing to part with those Powers gave this answer that he thought the Militia to be lawfully subject to no command but his own and therefore would not let it out of his hands that he hath preferred to the Lieutenancy of the Tower a person of known Fortune and unquestionable Reputation and that he would prefer none but such to the Command of his Forts and Castles yet would not intrust the power of conferring those Places and Dignities from himself being derived to him from his Ancestours by the fundamental Laws of the Kingdom The Commons petitioned again for these Powers and were again denied them by the King Divers Petitions accompanied with great numbers of People and more Subscriptions from Suffolk London and one from the City Dames were presented to the Parliament against the Votes of Popish Lords and of Bishops to which answers were given by the Commons that they had endeavoured and still would endeavour with the Lords that redress might be had therein Soon after this the Lords passed the Bill for disabling persons in holy Orders to have any Place or Vote in Parliament or to have any Temporal Jurisdiction The Commons again petition the King for the Militia and to clear the five Members but they perceived by his answer that he was resolved not to part with the Militia out of himself nor otherwise to clear the five Members but inclusively within a general Pardon The King sent for all his Houshold Servants to attend him particularly for the Earls of Essex and Holland but they excused themselves with the necessity of performing their Duties in Parliament upon which Essex was put out of his Place of Chamberlain and the other of the King's Bed-Chamber and became the more provoked The Lord Digby sent Letters from Middleborough to the Queen and to Secretary Nicholas to advise the King to betake himself to some place of Security where he and others might safely resort to him and he doubted not but that he should do him acceptable Service but these Letters being intercepted The Parliament sent to the King that he would desire the Queen not to correspond with Digby nor any others whom his great Council had proclaimed Traytors The Parliament took notice of a Rumour that they intended to accuse the Queen of High Treason which they deny and call a publick Scandal upon them to which the Queen gave a mild answer yet carefull to prevent any danger she obtains leave of the King who also acquaints the Parliament that his Daughter was to go into Holland to her betrothed Husband the young Prince of Orange and that her Mother the Queen desired to goe with her Daughter Accordingly the Queen went with her Daughter into Holland and carried with her all her own and the King's Jewels not leaving behind the Jewels of the Crown that with them and the assistance of the Prince of Orange a sufficient Party might be raised for the King At a Conference with the Lords Pym affirmed that many of the chief Commanders now in the Head of the Rebels and great Papists had been licensed to pass thither by the King after the Lord Lieutenant had put a stop at the Ports against their coming thither The King much distasted at this as intimating his conniving at the Rebellion required the Declaration of the House of Commons for his Vindication but could not obtain it The Parliament were busie in Debates touching the ordering of the Militia for the several Counties in which some declared their Opinions that the Power of the Militia was solely in the King and ought to be left to him and that the Parliament never did nor ought to meddle with the same Others were of Opinion that the King had not this power in him but that it was solely in the Parliament and that if the King refused to order the same according to the advice of the Parliament that then they by the Law might doe it without him and this was moved to be now done by the Parliament the King having denyed their former Petitions for settling of the Militia as they desired Upon this Debate one spake to this effect Mr. Speaker I have often heard
persons in authority to put the Ordinance of the Militia in execution which the King declares to be no legal power in the Houses and commands that none do obey it and summons the Gentry of the County to York to whom he relates these illegal proceedings of the Parliament and tells them his purpose to have a guard onely to secure his person in which he desires their assistance And the rather because the Members that came with the last Message to the King returned to York and before them all these proceedings were had Sir Thomas Gardiner Recorder of London was impeached for advising the Lord Mayor to pay Ship-money and other illegal things and against Scotland and opposing the Parliament but he got to the King The County of York being Summoned the Committee prevailed with some of them to oppose the raysing of a guard for the King and the Parliament declared against it and that such as do are disturbers of the Peace The Ordinance of the Militia being now past and Lieutenants named for the several Counties they nominated their Deputy Lieutenants to the Parliament for their approbation The Lord Paget being named in the Ordinance and approved to be Lieutenant of Bucks he named Hampden Goodwyn Grenville Tyrrell Winwood and Whitelocke to be his deputy Lieutenants who were approved by the Parliament The Lord Paget not long after this began to boggle and was unfixed in his resolutions and upon the King 's publishing of his Commission of Array and Declaration against the Ordinance of Parliament for the Militia his Lordships heart failing him and being unsatisfied in his Judgment he revolted from the Parliament and went to the King Whereupon the Lord Wharton was nominated and approved by both Houses of Parliament to be in his roome Lieutenant for the County of Bucks Mr. Palmer Mr. Hyde and Mr. Bridgeman and divers other eminent Lawyers and Gentlemen had given their opinions positively against it and left the House upon the passing of it On the other part the Lord Littleton was most confident for the legality of it and divers other Lawyers and Gentlemen of the short robe were cleerly for it and that the Lords and Commons in case of the King's minority sickness or absence had done the same in other times As when H. 3. dyed and his Son E. 1. was in the holy Land and came not home in almost two years after his Father's death yet in the mean time the Lords and Commons appointed Lieutenants in the several Counties and made several Ordinances which are of force at this day So are the Ordinances made by them in the minority of H. 6. and upon the difference between him and the Duke of York and the Ordinances in the minority of E. 6. and in other times That the King was now absent and having called his Parliament at Westminster was himself gone as far from them as York and had before he came thither and since appeared with Warlike forces about him to the terror of the Parliament That the business of Ireland and other threatning dangers gave too much cause of Fears and Jealousies to the Parliament and to stand upon their guard and for defence of themselves and the Kingdome Without which the King would so grow upon them and his evil Counsellors so prevaile that they would undoubtedly bring their designs to pass of a speedy introducing of Popery and Tyranny whereas if they saw the Parliament in a good posture of defence and that the people generally would adhere to them as no doubt but they would that then the King would be brought to a good accommodation and agreement with his Parliament without a blow to be struck between them Whereby they should preserve the just Rights and Liberties of the Subject the privilege of Parliament and themselves and their friends and the Protestant Religion from Ruine which without this appearance onely of arms or power to arme if there should be occasion would unavoidably be brought to pass These arguments together with the solemn protestations of the most powerful and active Members That they had not the least purpose or intention of any War with the King but to arme themselves for their necessary defence prevailed with most men to keep their station and at present to accept those Commissions of Deputy Lieutenancy Maynard Glyn Grimstone St. John Selden and divers other Gentlemen of great parts and interest accepted of the like Commissions and continued in their service in the Parliament The King resolves that Easter Term be adjourned from London to York the Parliament Vote it to be illegal and Order that the Lord Keeper Littleton issue no Writs or Proclamation for that purpose They publish a large Declaration much to the same effect as the former were mentioning that the Rebellion in Ireland was countenanced by evil Council about the King the proclaiming them Traitors deferred from October to January after and then but 40 Copies ordered to be Printed nor any of them to be published without the King's Order whereas the proceedings against the Scots and proclaiming them Traitors was very sharp and speedy To this the King gives an answer in effect the same with what he had said before to these particulars after which he writes to his Council in Scotland to acquaint them with the State of his affairs in England to which he receives a dutiful and affectionate answer with a Petition from divers of the Nobility and people there full of zeal and loyalty to his service The Parliament hearing of this took course to turn the Ballance and within eight days after the Scots Council declare their earnest desires both to King and Parliament to joyn in a perfect union and humbly desire the King to hearken to his greatest his best and most unparallel'd Council They disswade the King from a personal Journey into Ireland and pray that a Mediation may be at home ere the breach be wider And in fine they come to a large manifestation of their true and hearty affection to the Parliament of England protesting to do nothing contrary to them in their Privileges A multitude of people at Edenburgh hearing of the King's Letter to his Council there and of the Answer to it and Petition before mentioned they petition the Council there not to meddle by any verball or reall engagement for the King against the Parliament of England These Passages in Scotland gave much advantage to the Parliaments Affairs in England who protest their Fidelity to the King and court the Scots with very kind expressions The Earl of Bristol moved for an accommodation and a select Committee to be appointed to consider of some way to effect the same But the Parliament voted that which was done at York for a Guard for the King to be a preparation for War against the Parliament a breach of the trust reposed in him by his People contrary to his Oath and tending to the dissolution of his Government
defence of the City and Parliament against the King's Forces at Brainford The City were in much trouble and different Opinions but the Lord Mayor Pennington and Officers of the Militia named by the Parliament were so forward that what was desired was resolved by the City General Essex was advised to order some of his Horse and Foot to the number of about 3000 who then were quartered at Kingston that they should march to Hunsloe and be on that side of the King's Army and Essex with his Party and the City Forces to advance on the other side of them from London and so the Army of the King would be encompassed between these two strong Parties of the Parliament Forces which doubtless would have been a very great advantage to the Parliament Forces But Dalbier chiefly and Sir John Meyricke and others gave contrary advice which was followed and the Forces at Kingston commanded to march round about by London-bridge into London and from thence to joyn with the Parliament Army whereby they came late and tyred when they were to have done Service The City Bands marched forth very chearfully under the Command of Major General Skippon who made short and encouraging Speeches to his Souldiers which were to this purpose Come my Boys my brave Boys let us pray heartily and fight heartily I will run the same fortunes and hazards with you remember the Cause is for God and for the defence of your selves your wives and children Come my honest brave Boys pray heartily and fight heartily and God will bless us Thus he went all along with the Souldiers talking to them sometimes to one Company and sometimes to another and the Souldiers seemed to be more taken with it then with a sett formal Oration Beyond Hammer smith in a Lane were placed the great Guns ready to be drawn up as there should be occasion a little beyond that were the Carriages in a Field close to the High-way placed with great Guards about them for their defence The whole Army was drawn up in Battalia in a Common called Turnham-green about a mile from Brainford Essex had there a strong Party of Horse stout men well horsed and armed Sir Philip Stapleton's Regiment and Colonel Goodwin's Regiments of Horse had the Van. The other Regiments of Horse were placed on both Wings the Foot of the Army were in good plight and well Armed and were placed in the Body one Regiment of them and another of the City Band one by another and some were left for reserves The order and marshalling of them was chiefly by the Earl of Holland who took great pains and shewed good skill in Martial affairs with him were the Earl of Northumberland and most of the Lords who continued with the Parliament divers Members of the House of Commons and all were armed The General Essex likewise took great pains in the Field and accompanied with the Lords and Commons with him rode from Regiment to Regiment encouraging of them and when he had spoken to them the Souldiers would throw up their Caps and shout crying Hey for old Robin The whole Army of Horse and Foot consisted of above 24000 Men stout gallant proper Men as well habited and armed as were ever seen in any Army and seemed to be in as good courage to fight the Enemy The General Essex and the Lords and others with him upon consultation together in the Field thought fit to command a Party of two Regiments of Horse and four of Foot to march about from the Green by Acton and so to get beyond the King's Army and upon a Sign when they fell upon the King's Army on that side Essex and his Forces were to fall upon them on this side and so to have them between both Parties of their Army Accordingly orders were given and Hampden's Regiment being one of that party which were to go about they had the Van next to the Horse and after they had marched about a mile on their way and the Enemy began to gaze on them Sir John Meyricke Major General to Essex rode galloping after them When he had overtaken them he told them that the General had changed his resolution of dividing his Forces and had sent him expresly to command them to retreat back again to the rest of the Army at which they were exceedingly troubled They all retreated according to command to Turnham-green where the whole Army stood many hours in Battalia as the King's Army had done facing one another Whensoever either of them advanced towards the other or that the Souldiers shouted then two or 300 Horsemen who came from London to be Spectators would gallop away towards London as fast as they could ride to the discouragement of the Parliaments Army and divers of the Souldiers would steal from their Colours towards their home the City It was then consulted whether the Parliament Army should advance and fall upon the King's Forces which was the opinion of most of the Parliament men and Gentlemen who were Officers but the Souldiers of fortune were altogether against it and while they were consulting the King had drawn off his Carriages and Ordnance and when every one spake his opinion the General gave his Orders as he thought best The City Good-wives and others mindfull of their Husbands and Friends sent many Cart loads of Provisions and Wines and good things to Turnbam-green with which the Souldiers were refreshed and made merry and the more when they understood that the King and all his Army were retreated Upon this was another Consultation whether the Parliament Army should pursue them which all advised but the old Souldiers of fortune on whose judgment the General most relied and their reasons were That it was too hazardous to follow the Enemy and honour and safety enough to the Parliament that the King was retreated But some of the King's Party did afterwards confess that if they had fallen on them at this time they had not Bullet enough to have maintained fight for a quarter of an hour but that in probability they had wholly broken them and that this was the Cause of their retreat And God had a further Controversie yet against them The King being marched away the General gave Orders for the Citizens to go home which they gladly obeyed to return to their Wives and Families that night The King marched back to Colnebrooke from thence to Reading and so to Oxford his most convenient quarter This Action of the King in the time of a Treaty was so ill resented by many men that they spake very hardly of it and the Parliament voted that they would have no accommodation Yet upon a Message from him that he intended to march at such a distance from London as might take away all misapprehension and not hinder the preparing of their Propositions They again send a Petition to him to desert his Army and to return to his Parliament In the mean time Letters from
the Town for a Winter quarter Twyford and Okingham were plundered by the King's Forces and then the poor inhabitants could not prevail with the insolent Souldiers but that they burned many of their Houses affirming they had orders for it from the King 's chief Commanders At Aulton Sir William Waller surprized 100 of the King's Forces under Colonel Bennet Some of the Irish landed at Bristol to serve the King under the command of Sir Charles Vavasour Colonel Henry Bulstrode being above sixty years of age yet underwent the hardships and hazards of war in this cause and was a discreet and stout Governour of Aylesbury in his own Countrey After him succeeded Colonel Alderidge whom the Lord Byron sought by promises of reward and preferment to corrupt to betray the Town to the King's Forces but Alderidge preserved his fidelity and prevented the design The Commissioners to goe into Scotland were named the Earl of Rutland Sir Henry Vane Junior Mr. Hatcher Sir William Armyn and Mr. Darley The Prisoners having great liberty and many private consultations by the favour of the Gaolers the House made an order against it upon pein of an Escape in the Gaoler that should permit it They also took care for the relief of sick and maimed Souldiers and of the Widows and Orphans of those who were slain in the Parliaments service Mr. Chute and Mr. Hern were assigned to be of Counsell with the Archbishop in his Trial to be shortly had in the Lords House The Earl of Warwick was made Governour in chief of all the English Plantations in America and a Committee to assist him The Lord Willoughby of Parham took in Bulling-brooke Castle in Lincolnshire The King's Forces at Reading sent a Party to beat up the Parliaments Quarters at Henly who thought themselves too secure and their Guards were not placed about Midnight the King's forces came up a narrow Lane in the Town towards the Cross where four or five Pieces of Ordance were planted but none there with them save one half drunken Gunner He seeing the King's forces advancing towards him cried out Tom and Jack and other names as if there had been many about him and when he discerned the King's Souldiers to come near him he made a shift to fire a Gun that stood just against them which in that narrow Lane did so great execution both upon Men and Horse that in a great terrour they faced about brought off their dead carrying their bodies back to Reading but left many Horses and much blood in the Lane and in the way to Reading The House appointed a Committee of some Members and others to look into the Accounts of the Kingdom for publick satisfaction therein Some bickerings were between the forces under Major General Skippon and Colonel Harvey and the King's forces in Northamptonshire wherein as is usual fortune was variable Many inveighed sharply against a Warrant of Prince Rupert's commanding provisions and labourers to be sent to him Vpon your utmost perils as the total plundering and burning of your Houses with what other mischief the licenced and hungry Souldiers can inflict upon you An Ordinance passed for associating Hampshire Sussex Surrey and Kent and Sir William Waller to be their Major General Mr. Pierpoint asked leave of the House of Commons to go beyond Seas but they were so desirous of his assistance being a Gentleman of great wisedom and integrity that they gave him a friendly denial The Speaker Lenthall was made Master of the Rolls Nov. 8. and Mr. Selden Keeper of the Records in the Tower Sir William Waller sate down before Basing-house The Commissioners for the Great Seal were agreed upon the Earls of Rutland and Bullingbrooke for the Lords House and Mr. St. John Sergeant Wilde Mr. Browne and Mr. Prideaux for the Commons and the same authority given to them as the Lord Keeper had and all Acts passed under the Great Seal at Oxford made void The Irish forces which came over with Vavasour refused to fight against their fellow Protestants the Parliament but joyned with General Essex his Army The Archbishop was brought to his Trial in the Lords House Nov. the 13. where he made a short Speech and desired that his Counsel might be heard who were Mr. Chute and Mr. Herne and Mr. Hale who having spoken to the points in Law the Lords adjourned Upon the news of the Cessation of Arms in Ireland many of the Earl of Newcastle's Army laid down their Arms and offered composition to the Parliament The Houses agreed that Committees should onely sit three times in the Week and the Houses to sit onely the other three Days Several of the English Regiments were sent for out of Ireland to assist the King here and since the Cessation the Irish Rebels committed many cruel murthers there The Earl of Holland returned from Oxford and examined here said that after he heard of the Cessation in Ireland his Conscience would not give him leave to stay any longer with them at Oxford The young Earl of Caernarvon came from Oxford into the Parliament and was by them committed to the care of his Grandfather the Earl of Pembroke A Paper was communicated to both Houses which was sent from the Prince Harecourt to the Earl of Northumberland by way of general Proposals for an accommodation between the King and Parliament and that in the name of the French King whose Embassadour he was Buisie Mr. Pryn prosecuted Colonel Nathaniel Fiennes for the surrender of Bristol but it was referred to the Council of War The King's Forces besieging Plymouth took one of their Out-works Sir William Waller drew off his Forces from Basing-house not willing to put them upon a Winter siege Sir William Brereton and Sir Thomas Middleton took in Holt Castle and other places in Shropshire for the Parliament Colonel Rigby with the Lancashire Forces routed a party of the King 's beyond them in number near Thurland Castle killed many and took 400 Prisoners and Arms and their Commander in chief which was the more discoursed of because Rigby was a Lawyer The Garrison of Poole made several attempts upon the King's forces in Dorsetshire killed and took divers of them and 1500 of their Horse and lost not one of the Garrison Divers of the Militia of London made Propositions to the House of Commons touching the Recruits of the Armies c. the Houses ordered them to search for any Officers of the Armies who had deserted their Colours and lay skulking in London to apprehend them and send them to the General to be punished by Martial Law Some small bickerings past between Sir William Willer's forces and the King 's near Farnham The King sent to his subjects in Scotland to forbid their taking of the Covenant or joyning with the Parliament of England but the States of Scotland returned in answer to the King the Reasons of their undertaking those lawfull actions and humbly advise the King to take the Covenant
comprehend the Lord General with the rest and without naming of him which for shame and ingratitude they could not think fit to be done Some of them confest that this was their design and it was apparent in it self and the reason of their doing this was to make way for others and because they were jealous that the Lord General was too much a favourer of peace a good fault in a General of an Army and that he would be too strong a supporter of Monarchy and of Nobility and other old Constitutions which they had a mind to alter such is the ingratitude of people and the incertainty of their Favour no confidence can be placed therein for this gallant mans sake who was a most faithful Servant to the publick and performed so many brave services for them to the utmost hazards of his own life honour and fortune and for all this had no other recompence but an unhandsome affront by a side Wind and cunning contrivance of his Enemies to remove him from his Commands so gallantly and succesfully executed by him A safe Conduct was assented to for the Duke of Richmond and the Earl of Southampton and the Committee of both Kingdoms ordered to get the Concurrence of the Scots Commissioners and to send it with expedition to the King Major Duett with a party of Colonel Ludlow's Regiment fell upon a party of the King's horse near Salisbury took Colonel Cooke Lieutenant Colonel Hooker divers inferiour Officers 40 Souldiers 160 Horse and Arms and killed about 20 of them Sir John Hotham's Son Captain Hotham was tryed before the Court Marshal for betraying a Regiment of Horse of the Parliaments to the Enemy and for treachery and betraying his trust in divers particulars proved against him by his own words letters and actions and many witnesses produced to make good the Charge The States Ambassadors were received with great State and Honour by both Houses who thanked them for their offer of a Mediation of peace and desired the Continuance of Amity and Friendship with the High and Mighty Lords the States but in regard propositions for peace were now on foot between His Majesty and His Parliament and the Scots Commissioners nothing otherwise could be now done therein The Ambassadors replyed in French that they would return what they had received to their Lords and they desired a further answer to their propositions touching Free Trade When they were gon out of the House the Speaker desired that some of the Members who understood the French Tongue better than he might interpret to the House the essect of the Ambassadors Speech in French which usually was done by Mr. Hollis and he being now absent Whitelocke was called up to doe it and thereupon the House named a Committee to consider of their Propositions for a Free Trade to the Ports of the Enemy An Ordinance past for satisfaction to Waggoners who lost their Carriages in the late Fights The Earl of Northampton with 3000 horse much infested part of Bucks and Oxfordshire order was taken for money to pay the forces of those Counties to resist him Somerset-house was ordered to be prepared for the King's Commissioners and voted that no Member of either house should visit or speak with or send or receive any Message to or from those that should come from Oxford unless they had leave for it Liberty was given to any Members that would to go visit Sir John Hotham before his death The Self-denying Ordinance was read and a day of publick Fast Ordered Crowland was surrendred to the Parliaments Forces on Conditions the Officers to march away with Swords and Pistols the foot to leave behind them their Arms Ordnance and Ammunition The Petition of divers Londoners was read commending the Vote for the Self-denying Ordinance and they again had the thanks of the House Colonel Massey fell upon a party of the King 's at Sodbury near Bristol took 120 Horse 100 Arms 50 Prisoners and 12 Officers Captain Hotham made his defence before the Court Marshal and justified Treaties with the Enemy as a Commander for the service of the Parliament other charges he denyed and excepted against some Witnesses The Commons Ordered that none but Members of the House should come to the Church where they kept the Fast The Lords reprieved Sir John Hotham for a few days till he had better setled his Estate Both Houses kept the Fast in Lincolns-Inn Chapel and none were to be present there but the Members onely and some said that the Preachers desired it might be so that they might speak the more freely to them especially upon the point of the Self-denying Ordinance Both Houses agreed to receive the Lords that were come from the King in the Painted Chamber by a Committee of 14 Lords and 28 Commoners and they desired from the Lords a list of their retinue to the end no affront might be offered to them Here of they had not cause to complain as the Parliaments Commissioners had at Oxford for these Lords and all their attendance were civily treated by all sort of persons and this Order for the list was the rather made to discover such as came to Town with the Lords under pretence of being of their retinue when they were not but came to do ill offices to the Parliament Sir Symonds D'ewes had an order to present a Minister to a Living in his gift Order was taken for raising of monies for the English and Scots Armies in the North for certain Months Mr. Roger L'Estrange was apprehended for a designe to betray Lynne in Norfolke to the King and for that end had a Treaty with Captain Lemmon Lieutenant Governour there who shewed a Complyance with L'Estrange but acquainted Colonel Walton the Governour with all the passages whereupon L'Estrange was seized upon and with him was found a Commission from the King Authorizing him for this service and engaging That if the Town were gained That L'Estrange should be Governour of it and have great preferment and what Rewards he should promise for effecting it not exceeding 80001. should be paid and divers other fair promises made and this was noted to be when the Treaty for peace was on foot The like design was for betraying St. Nicholas Island by Plymouth but prevented by the Lord Roberts the Governour the like was for the betraying Stafford prevented by Sir William Brereton the like design was for betraying of Reading discovered by the apprehending of a Spy who having lighted Matches put to his fingers confessed all and Alderman Harryson and his Complotters were seized upon The Self-denying Ordinance passed the House of Commons without excepting any Member The Committee of Lords and Commons received the King's Answer to the Propositions for peace wherein the Parliament and the Commissioners of Scotland were acknowledged and the King desired That in regard of the great Alteration in Government both of Church and State imported in the Propositions That the
from the Hollanders by the Parliaments ships of War c. which was referred to the Committee for foreign affairs Order about constituting of a Conful in Flanders for the affairs of this Kingdom Sheriffs sent for who had not undertaken cheif Offices 1000 l. allowed to Sir T. F. for intelligence and 500 l. extraordinary for his Artillery and allowahces for Waggoners and for the Commissioners in his Army Order for auditing the arrears of some Scots Officers left out of the new Model and some present supply for their subsistence Ordinance sent up to the Lords for the Commissioners of the Navy 3. Debate of the business of the Church The Commons would not concur with the Lords in releasing Sir John Hinderson out of prison but ordered a Letter to be written to the King of Denmark to acquaint him with the cause of his detention in prison Order for leave for a Member to goe into the Countrey Ordinance sent to the Lords for the pay of the Derbyshire forces Order for money for Mr. Frost Secretary to the Committee of both Kingdoms Ordinance sent to the Lords to prohibit importation of any Whale Oyl but what is fished for in Greenland by English men Sir Thomas Fairfax advanced from Reading to Salisbury and left with L. G. Cromwel 4000 Horse and Foot to streighten Oxford 5. Debate about admission to the Sacrament Care for money for Waggoners and for Souldiers Widows Information being given that P. Rupert and Goring with 7000 Horse and Foot were come to Burford and P. Maurice with 200 more to joyn with them to get the King and his Artillery out of Oxford where Provisions grew scarce and that divers of the King's Forces were withdrawn from Taunton The Parliament ordered that Sir Thomas Fairfax should send Col. Graves or some other with 3000 foot and 1500 horse to relieve Taunton and himself and Skippon to return with the rest of his forces to joyn with Cromwell and Brown to attend the motions of the King Care taken of Cambridgeshire and the Eastern association in case the King's forces should break in there Sir John Meldrum's men attempted to storm Scarborough but were repulsed with the loss of 20 men The Lords concurred to the Ordinance concerning Whale-oyl Some of the Leicester and Nottingham forces marching to regain Trent Bridge the King's forces in it fled away at night carrying with them what they could and set fire on the rest 6. The Commons ordered an Allowance of 8000 l. per an for the Prince Elector 2000 l. per an of it out of the King's Revenue and the rest out of the Estates of the L. Cottington and of Sir Nicholas Crispe A Preamble to the Proceedings in the Church Affairs to be sent into Scotland was presented by the Assembly to the Commons and assented unto and ordered that all the Proceedings of the Parliament and Assembly in the business of the Church should be drawn up and sent into Scotland The Earl of Carlisle took the Oath appointed for those that come out of the King's Quarters 7. One of the King's Captains came to the Committee of Cambridgeshire and took an Oath and protested to live and die with them Then he conspired to betray the Isle of Ely to the King but it was discovered and prevented The House took care for security of that place and for forces to be sent thither in case the King's forces should break into that Association A Declaration of the Transactions with the States Ambassadours voted Commissary Copley being under confinement upon an Accusation against him when he was an Officer to the Earl of Essex was upon his Petition bailed The House ordered the Declaration touching the Treaty at Vxbridge to be expedited They desired the Assembly of Divines to expedite the rest of the business of the Church 8. The Declaration of the Transactions with the States Ambassadour past and sent to the Lords Order that the Company of Merchants Adventurers do send the Covenant to all of their Company at home and abroad and return the Names of such as shall refuse to take it The Lord Mayor and Aldermen desired to call a Common-council That the Necessities of the Army for want of the Assessment may be communicated to them and to desire the Monies may be imbursed speedily At a Conference the Lords gave their Reasons against passing the Ordinance for the Admiralty Propositions from the Scots now upon their march Southwards were referred to a Committee and were for securing the Northern parts in their absence and for Money and Provisions Power given to Sir Thomas Fairfax to receive all Trumpeters and other Messengers from the Enemy for exchange of Prisoners or other Matters touching his Army and to discharge them upon all Addresses and to acquaint the Houses with all their Messages 9. An Ordinance against such who are called Spirits and use to steal away and take up children and bereave their Parents of them and convey them away And they ordered another Ordinance to be brought in to make this Offence Felony The Town of Newport Paganell desired that Colonel Cockeram in the place of Sir Samuel Luke might be their Governour but upon the question it passed in the Negative The Town of Plymouth petitioned that the Lord Roberts might be continued Governour there It was laid aside as contrary to the Self-denying Ordinance and ordered that a Committee of sive principal Townsmen and Gentlemen their Neighbours should have the Government there and Colonel Kerre to have command of the Forces of the Town Care was taken to answer the Scots Propositions according to their desires Order for Col. Rosseter to have the command of all the Forces in Lincolnshire Lieutenant Colonel Brown of Boston and Captain Culmore to have Col. Purefoy's Regiment Letters from Abington informed that the King with Prince Rupert and Maurice with one part of their Forces marched out of Oxford towards Cambden his Infantry went with Goring and about four and thirty Field-pieces and Carriages towards Worcester that Cromwell and Brown followed them Ordinance sent up to the Lords for punishing Souldiers that run from their Colours 10. Order for the Lord Fairfax and Committee in the North to order the War in that Association and the Committee to do it for 40 days after the Commission of the Lord Fairfax expires Orders for the pay of Troups Letters from Cromwell and Brown inform of the King 's going from Oxford Orders thereupon to the Committee of the Army for sending Money and Ammunition to them Both Houses ordered that L. G. Cromwell should be dispensed with for his personal attendance in the House and continue his Service and Command in the Army for 40 days longer notwithstanding the Self-denying Ordinance This was much spoken against by Essex his party as a breach of that Ordinance and a discovery of the Intentions to continue who they pleased and to remove the others from Commands notwithstanding their
Governour and Garrison the which was voted by the Commons and Letters sent to the Officers of the English and Scottish Armies to assure the same to those of Carlisle who had held out very long and courageously for the King Another order for the E. of Northumberland to have the care of the King's Children and 3000 l. per annum allowed him for them The Letters taken in the King's Cabinet at Naseby read in the House and some of them referred to a Committee to be decyphered Mr. Brown a Gun-founder and his Son committed upon matters in some of the Letters 24. The Letters taken in the King's Cabinet were more of them read in the House and in some of them was mention of His Majestie 's intention to make a Peace with the Irish Rebels and to have 40000 of them over into England to prosecute the War here In other Letters to the Queen the King complains That he could not prevail with his Mungrel Parliament at Oxford to vote that the Parliament at Westminster were not a lawfull Parliament that he will not make a Peace with the Rebels the Parliament without her approbation nor goe one jot from the Paper she sent him That upon the Treaty at Uxbridge he did not positively own the Parliament it being otherwise to be construed though they were so simple as not to find it out and that it was recorded in the notes of the King's Council that he did not acknowledge them a Parliament Ordinance sent to the Lords for putting the County of Surrey into a posture of Defence and for pay for the forces there 100 l. given to the Messenger that brought up the Colours from Naseby fight Ordinance sent to the Lords for money for Portsmouth Garrison Order for the business of the Church to be taken into Debate every Wednesday and Friday An Ordinance past for re-imbursing money for Pembrokeshire Sir T. F. prosecuted the King's forces towards Hereford and left Colonel Needham Governour of Leicester Colonel Morgan blocked up Sandal Castle and M. G. Poynes went to Pomfret to order the battery there Colonel Rosseter came back from pursuing the King's forces charged and routed a party of the Newarkers rescued 20 Constables and Tithingmen taken by them and took 50 horse and many prisoners of them 25. The Monthly Fast kept divers Officers Prisoners committed to London-house 26. An Ordinance sent to the Lords about taking the Accounts of the Kingdom and orders for disposal of the Prisoners some to serve the Parliament in Ireland and others as the Parliament shall direct Letters written to Sir T. F. to prosecute his intentions against the Enemy and the Ordinance continued to impower him to press Souldiers for three months longer and another for Recruits for his Army Another Ordinance past impowering the Committees in the several Counties where any Souldiers were pressed and afterwards did desert the service to proceed against them according to Marshal Law Another for money for the late Officers of the Earl of Essex and of Sir William Waller Massey advanced to Lyme in order to relieve Taunton the King was at Hereford and Sir T. F. at Gloucester The Scots Army ordered to march from Nottingham to Worcester Colonel Hunt went from Shrewsbury before Cause Castle which surrendred to him The King's Garrison there marching away with their Colours and Swords and left in the Castle 500 Arms and store of Ammunition M. G. Brown took a Troup of Colonel Royden's horse and a foot Company of Oxford The Commons ordered all the Ensigns and Cornets taken at Naseby or formerly and which hereafter be taken from the Enemy should be brought into the Herald's Office and be there Registred and Mr. Riley to be intrusted therewith 27. The Grand Committee sate for the Church business and after that in the House an Ordinance read to consirm and establish the Directory for worship An Ordinance past for a Collection to provide money and necessaries for those Prisoners who were willing to serve against the Rebels in Ireland to transport them thither Letters from Plymouth informed that Greenvile was raising more forces in Cornwal and that divers Souldiers come away from the King's Garrisons to the Parliaments That three Dunkirk Ships came to Dartmouth with the King's Commission to inhabit there and were received but not well used and two of the Dunkirk Ships were taken by the Parliaments 28. Sir T. F. by order of Parliament advanced toward the relief of Taunton and sent to Massey that by a Day he would joyn with him Letters from General Leuen desired pay for the Scots Army the Houses thereupon sent a Committee to acquaint the Lord Mayor and Common Council of the City therewith and to desire the speedy raising of 30000 l. for this service and wrote answer to General Leuen that they would take care forthwith for their satisfaction The Commons ordered the Prisoners to be removed from the Military Ground where there wanted shelter for them and 300 l. for their supplies 30. Letters from M. G. Skippon informed of his being in a hopefull way of recovery and thereupon the Commons ordered 200 l. to be sent to him as a testimony of their favour and 200 l. more for payment of his Doctours Chirurgeons Apothecaries and other expences Order for 1000 l. for those Gentlemen some of whom were now Members of Parliament who suffered in 1 2 Car. for their affections to the publick and the Committee for them and for the necessities of the present Members was revived and satisfaction of damage voted to be out of the Estates of Delinquents The Letters taken at Naseby referred to a Committee to be perused and observations to be made upon them and to communicate some of them to the Common Council of London An Ordinance sent to the Lords touching Gunpowder and the Office of the Ordnance Letters to the association for Recruits and Arrears to be sent to Sir T. Fairfax's Army Ordinance past for 1500 l. for the Regiment of Colonel John Fiennes M. G. Poynes took the Church at Pomfret Sir T. F. took about 100 Arms from Lieutenant Colonel Not at Highworth who was there slain and divers Officers Colonel Hutchinson took 60 Horse and 48 Prisoners Officers and Arms. Major Saddler took from M. Duet near the Devizes 16 Prisoners Colonel Venables took Sir Th. Powel High Sheriff of Chester 40 Prisoners and 100 Horse July 1645. 1. An Ordinance sent up to the Lords for 400 l. to be paid to Sir William Waller's Life-guard Tuesdays and Thursdays set a part for considering how to raise Monies for Sir T. F. his Army and several Orders passed for that purpose Order of both Houses for the Departure of the Duke of Lorrain's Agent and of the King of Portugal's Agent and for a Letter to be sent to the King of Portugal of the miscarriage of his Agent here Order that the Committee of both Kingdoms should give directions from time to time
unless the King would grant those Propositions it would be in vain to treat of any peace There was also much discourse about the acknowledging you to be a Parliament the Earl of Lindsey said That the King had acknowledged you a Parliament by the words Lords and Commons of Parliament We answered That this was the same style his Majesty gave to the Assembly at Oxford and we could not be satisfied with that acknowledgment Then the Earl of Lindsey demanded of us how we would be acknowledged We told him thus The Lords and Commons assembled in the Parliament of England at Westminster After this we returned to our Lodgings and acquainted our fellow Commissioners with the persons that were at the Earl of Lindsey ' s Chamber when we were there and with the matter of our discourse with them In all our discourses Mr. Hollis and my self did justifie your Propositions and vindicate your Proceedings Mr. Speaker It is no small trouble to my thoughts to have my Name questioned in this House but I am comforted in my own integrity and innocency and in my Accuser but chiefly in my Judges to whom I most humbly and most willingly submit my self After Whitelocke had spoken there was much debate in the House whether this Paper of the Lord Savile were an Accusation or Charge against them Many Gentlemen argued That it was against the Privilege of the House to take it for an Accusation being from the Lord Savile who was an Enemy come from the King's Quarters and one in contempt to both Houses of Parliament for refusing to name the person from whom he received the Letter concerning Mr. Hollis and therefore committed a close prisoner That he had not discovered this to the Parliament in five or six Months together that he had been in their quarters but after he had been complained of by Mr. Hollis about a Letter and Mr. Whitelocke was in the Chair of the Committee appointed to examine the business of that Letter Then the Lord Savile brought in a new Accusation both against Mr. Hollis and Mr. Whitelocke the Chairman to take off his testimony for Mr. Hollis Others went upon this ground That this business might be committed to see if the Lord Savile would avow his Letter and Paper and by what testimony he could make it good and that Mr. Hollis and Mr. Whitelocke might have reparation and be cleared from this aspersion But these were not their Friends and moved this out of a design to bring the business before a Committee to be examined more than out of respect to them After a long debate it was at last referred to a Committee to be examined in the general and power given to the Committee to examine any Member of the House and a Message sent to the Lords to desire that the L. Savile might be examined at this Committee Those who were of a contrary party to the Earl of Essex set their interest upon it to ruine Mr. Hollis whom they found to be a great Pillar of that Party and with him to ruine Mr. Whitelocke they being both involved in this business but they had not the same envy against Mr. Whitelocke as they had against Mr. Hollis nor could they well sever them But now having got it referred to a Committee they resolved there to put it home and were full of expectation to destroy them both which was their intention 5. A Letter from the Portugal Agent and his carriage to the Parliament referred to a Committee and how the Parliament might be vindicated therein Order that the Militia of London should put in execution the Ordinance for searching for Papists and Delinquents Proposals from the Governour of Windsor for supply of that Garrison presented to the House from the Common Council of London and referred to the Committee of the Army Sir Thomas Fairfax and Colonel Massey marched from Blandford towards Taunton their Scouts and Goring's had some Encounters but Goring understanding that Sir Tho. Fairfax was advancing towards him drew off all his horse and foot from before Taunton and went towards Exeter The Lords sent a Message to the House of Commons in answer of theirs yesterday That the Lord Savile if he pleased might be examined from time to time at the Committee to whom the business of his Letter was referred 7. Divers of Westminster in the name of the City petitioned the House for Maintenance for the Lecturers in Westminster Abbey out of the Revenues belonging to the Dean and Chapter there Thereupon an Ordinance was read and committed for regulating the College of Westminster and the Petitioners called in and acquainted with the care of the House in their business and had the thanks of the House Letters from Scout-master General Watson informed that the Enemy was wholly drawn off from before Taunton An Ordinance sent up to the Lords for making Mr. Jackson Lecturer at Gloucester and a 100 l. per annum to be settled on him and the House ordered Col. Morgan to be Governour there An Ordinance sent up to the Lords for One percent for the Captives in Argiers The King's Forces from Bolton Castle surprized Raby Castle belonging to Sir Henry Vane but were again close blocked up by Forces raised by Sir George Vane The Scots Army were on their march towards Worcester as far as Birmicham The Marquess of Argyle was in pursuit of Montross over the Hills and the Parliament of Scotland being now sate the Parliament of England appointed the Earl of Rutland the Lord Wharton Sir Henry Vane senior Sir William Ermine Mr. Hatcher and Mr. Goodwyn to be their Commissioners in Scotland The King with about 4000 horse and foot was at Hereford to raise 5000 l. Assessment and some Recruits The Committee of Salop took in Cause Castle Hawarden Castle and Lynsell House belonging to Sir Richard Lucy and sate down with their Forces before High Arcall the Lord Newport's House In the Afternoon Mr. Hollis and Mr. Whitelocke attended the Committee touching my Lord Savile's Accusation where Mr. Samuel Brown had the Chair and was no friend to them in this business but pressed matters against them more than a Chair-man was to do The Lord Savile was brought into the Committee and his Letter and Paper read to him which he owned as his and his hand to them and that he would justifie them to be true upon his Soul and his Life Mr. Hollis and Mr. Whitelocke averred the contrary but with less passion and with less indiscretion than the Lord Savile who being put to it by the Committee could not make any proof of one Particular mentioned in his Papers more than they themselves acknowledged which was the same in effect that they had said before in their Narratives in the House Every particular Clause in his Papers were severally read and he heard to them and they to make their Answers but they both did it with this reservation That what they did in this was out of their willingness
Forces at Bath for the streightning of Bristol and a Letter inclosed from Lieutenant General Cromwel to Sir T. Fairfax That in his march to Shaftsbury he found 10000 Clubmen in a Body and Mr. Newman in the head of them that he sent to know the Cause of their being in Arms and Mr. Newman came to him told him the causes were two 1. To have an account of their fellows taken at Shaftsbury 2. To secure themselves from plunder That Cromwel told them No account was due concerning their fellows taken at Shaftsbury but yet he assured them that his General onely intended that if they were found upon due tryal to have committed any offence they should be punished according to Law otherwise to be released To the second he assured them that his General would not suffer any of them to be plundered or injured but upon Complaint against any of his Souldiers would doe them Justice That hereupon the Clubmen as being well satisfied departed to their own homes That after this about Shaftsbury he met with 2000 more Clubmen whom he sent to in a peaceable way to depart home but they fired upon his Messenger he sent again twice more to them to disperse themselves but they still shot at his Messengers and said they expected the Lord Hopton to come to them and killed two of Cromwel's men Whereupon he ordered M. Desborrough to charge them who killed about 20 of them and took the Gentlemen who were in the head of them and 300 Prisoners whom Cromwel desired he might send home and keep the Gentlemen onely Prisoners The House referred it to Sir Thomas Fairfax to discharge such of the Prisoners as he pleased and sent up an Ordinance to the Lords to continue Lieutenant General Cromwel in his Command for four Months longer notwithstanding the Selfdenying-Ordinance A Petition from the Assembly declared plainly their claim Jure divino of power to suspend from the Sacrament all such as they should judge to be scandalous or ignorant 9. Major General Brown had given a Commission to M. Temple to be Governour of Newport Paganell and Sir Thomas Fairfax desired that Lieutenant Colonel Cokaine might be Governour there which the House resolved and that Major General Brown had no Authority to give such a Commission 400 l. Ordered for the Earl of Essex his reformado Officers and Orders for other monies for several Forces Captain Moore appointed to be Governour of Monmouth The Committee of Examinations by Order of the House committed L. Col. Lilburn to Newgate for writing a Seditious Book Order to search for Papists and Delinquents Letters informed that Captain Allen with 95 Dragoons from Burleigh-house fell upon 200 of the Newarke and Belvoir horse commanded by Sir Robert Dalison routed them killed 5 took several Officers and 50 Prisoners 80 Horse and rescued the Countrymen and plunder which they had taken 11. The House approved of the Commitment of L. Col. Lilburne An Ordinance sent to the Lords for giving the publick Faith to such as had paid their 5th and 20th part An Order for discharge of Col. Waites attendance on the House and for revoking his suspension from his Government Major General Pointz took the Church and Outworks of the Castle of Skipton divers of their horse and men and their Conduit water Col. Pye and Col. Sheffeild came with their own Regiments and 700 recruit horse to Sherburn the King's recruits went on slowly The Composition for delinquency of Sir John Tyrrel for 800 l. and of Sir John Mushamp for 600 l. were confirmed and Ordered that none should compound under 2 years value of their Estates Order for discharge of Reformadoes Quarters Major Moore continued Governour of Gaunt-house and Col. Russel of Ely Order for auditing Reformadoes Debenters A Petition to the Lords from the Assembly about Non-admission to the Sacrament and punishing such as derogated from the Directory or used the Common-prayer Book An Ordinance past for money for the Northern Association The French defeated the Spanish Army in Germany 10000 killed and taken 1000 Arms 57 pieces of Ordnance 300 barrels of Powder 100 Carriages 100 Colours and all their bag and baggage In a general Assembly in France our Queen moved for aid for her Husband but they denyed it The King left Wales and went with 3000 of his horse Northwards Some Clubmen were up in Berkshire 13. Upon the King's advance Northward the House took care of the Forces about Newarke and about Hull and sent notice of the King's motion to the Scots Army who sent 4000 horse and foot after him The House took care for Gloucester Garrison and appointed Col. Morgan Governour of all the Forces in that County and in Monmouth Glamorgan and Herefordshires Pay desired for Sir Thomas Fairfax his Army Major General Brown submitted himself to the House to be commanded by them and it was referred to the Committee of the three Counties to examine some affronts offered to him by some under his Command and the House resolved to give him reparation The Garrison of Phillis Court mutinied against Captain Doiley and had like to have killed him but for the present it was pacified and Major General Brown was desired to goe to Henley to settle that busines The House in debate of a Petition from the Burrough of Southwarke desiring a New Election of Burgesses Mr. White one of their Burgesses being dead and Mr. Bagshaw the other being excluded Some were of opinion that a New Election might prove inconvenient and of danger others pressed it as the Right of the Subject to have Burgesses upon the Question to defer it for a month longer it was carryed in the Negative And the House resolved into a grand Committee to consider of it Orders for money and touching supernumerary Forces in the Northern Association Major General Langherne fell upon a party of the King 's under Major General Stradling and M. Ennerton near Haverford West gave them a great overthrow took 400 Prisoners divers Officers of note 1000 Arms 20 Colours and 4 pieces of Ordnance and retook Haverford West Letters from the Scots Army before Hereford inform of their proceedings at the Leaguer of their want of money Ammunition and Provisions that the Country will bring in none and the Scots Souldiers feed upon Apples Pease and green Wheat which is unwholsom and they are much discontented to be thus used for their kindness A months pay ordered for the Scots Army and care taken for their future pay Letters to the Northern Association to joyn their Forces with those of the Scots gone after the King Plate and rich Hangings taken at Bridgwater and sent up by Sir Thomas Fairfax ordered to be sold and the money to be sent to Sir Thomas Fairfax to give to his Souldiers for their Encouragement Order for a Declaration to be drawn and sent into North Wales of the causes of the Parliaments taking Arms and Copies
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
the Commissioners with the King That he is willing to settle Presbytery for three years and the Militia as he before offered but others he is not satisfied to assent unto but desires to put himself upon the Proposals of the Army and that they may be taken into consideration Some private Treaties were said to have been by some Officers of the Army with the King and instructions given by Cromwell and others That if he would assent to their Proposals lower than those of the Parliament that the Army would settle him again in his Throne But the unfortunate as to him his Bishops persuaded him against what he was inclined in his own judgment to have agreed unto and thereby ruined him and themselves at the present 13. The Commissioners returned with His Majesties answer to the Propositions He waves those now sent to him or any Treaty upon them and flies to the Proposals of the Army urgeth a Treaty upon them and such as he shall make professeth he will give satisfaction for settling the Protestant Religion with Liberty to tender Consciences to secure the Laws Liberty and Property and Priviledges of Parliament and of those concerning Scotland he will Treat apart with the Scots Commissioners A Copy of this answer was sent by the King to Sir Thomas Fairfax Many Addresses were dayly made by Petitions and otherwise to the General upon particular grievances and he and his Councel of War returned prudent answers to them The Agitators of the Army presented a Paper to the General in behalf of many who were in Prison for words spoken by them against the King in the time of the War and the General certified the same by Letter to the Parliament Letters from the North of the wise and just managing of the affairs in those parts by Major General Lambert That by his Councel of War he sentenced one Macro an Irish man a notorious proved Drunkard and Swearer to be bored through the Tongue with a red hot Iron imprisoned fourteen days with Bread and Water and to be Cashiered the like Sentences were against others to the contentment of the people 14. Upon reading the Kings answer to the Propositions for Peace a day was appointed by either House to consider of it and that in the mean time it be communicated to the Scots Commissioners Upon earnest Letters from the General in behalf of James Symbâ—l and others in Prison for speaking of words against the King in the time of War for which Justice Bacon and Sergeant Creswel Commited them the House referred their Cases to the Committee of Imdemnity with power to release the Prisoners if they found cause A Petition from divers Bucks men against Tithes and Free Quarter answered that the House would take the business of Tithes into consideration in covenient time and were now in debate touching Free Quarter Debate upon the report concerning Lieutenant Collonel Lilburne and touching some Compositions and a Vote to take off the Sequestration of Sir Robert Nappiers Estate The Common-Councel of London thought it discretion to comply with the desires of the Parliament and Army in advancing fifty thousand pounds for the Army and had such addition of security for it as they proposed 15. An Ordinance committed for settling some Lands of the Earl of Worcesters upon the Lord Say Sir Benjamin Rudyeard and Sir Rowland Wandesford for reparation of their losses by the taking away of the Court of Wards Orders for Commitment of some Actors in the late great Tumult A report of the proceedings of the Commissioners in the Army and a debate touching Tithes and referred to a Committee to consider of a way to redress the grievances in this business of Tithes Several Petitions from Oxfordshire Heriford-shire and other Countries against Tithes referred to a Committee A Petition of the Inhabitants of Southwark That the Houses may be purged of such as assisted in the late Tumults and Force upon the Parliament when the Members were driven away was laid aside for the present 16. the Petitions of London Southwark Oxfordshire Bucks Hertfordshire c. For purging the House of all Members that Sat in the absence of the Speakers was debated and resolved That the proceedings in that time should be Null but that no Member should be questioned for being then present in the House but such as were Actors in the Tumult City engagement and design of a new War The Petitioners had thanks for their good affections and were desired to be be satisfied in this business Order for an Impeachment of high Crimes and Misdemeanours against Mr. Glyn and against Collonel Copley and for the Lords to be desired to appoint a day for the Commons to bring in their particular Charge against the seven Impeached Lords Both Houses past the Ordinance concerning Delinquents Compositions and some particular Ordinances for taking off Sequestrations of the Estates of the Lady Bankes and her Son Sir Richard Price and others The Commons Concurrence desired to Ordinances touching Payment of Fee Farm Rents by Members of Parliament and recovery of monies due by Bonds given in the Court of Wards Debate touching the lessening of the Forces in England and Votes touching the Forces to be sent into Ireland and for Pay for them and referred to the Commissioners in the Army to Treat further with the General and his Field-Officers concerning these particulars 17. Orders touching the months gratuity appointed for the Army and the months Pay for them and about the fifty thousand pounds and touching the Charge against the seven Lords Vote That for present security of this Kingdom till affairs be settled here and in order to the future relief of Ireland seven thousand two hundred Horse one thousand Dragoons and eighteen thousand Foot be kept up in England The Scots Forces under Lieutenant General David Lesley Qnartering upon the Borders gave some cause of offence to the English many of their Commanders resorted often to Berwick 18. The Establishment of the Army and Garrisons was referred to the General and Commissioners of Parliament in the Army with reference to the former Orders of the House Information from Ireland of some underhand dealing and invitation of the Lord Inchequin and Col. Jones to joyn with the Scots Forces in Vlster After a Sermon in Putney Church the General many great Officers Field Officers inferiour Officers and Agitators met in the Church debated the Proposals of the Army and altered some few things in them and were full of the Sermon which was Preached by Mr. Peters The General and his Council agreed upon a Declaration concerning the delays in raising money for the Army and Garrisons and the sufferings of the Country by free Quarter occasioned by those wants and the hindrance of disbanding the Forces not necessary to be kept up and of relieving Ireland all this caused by their neglect on whom the Parliament did depend and especially they take notice of the delayes of
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
and have sixteen days to bring in his Answer 7. Upon a long debate touching the Declaration about Non Addresses to the King it was re-committed for some additions to be made concerning Warrants signed by the King in Scotland to such as were engaged in the Irish Rebellion where the Lord Dillon and Lord Taffe were with the King and other things relating to the Irish Negotiation with the Pope his sending Agents to Popish Princes Seignior Con's being received here c. Letters from the North of the auditing the Soldiers Accounts that the business of Disbanding is more easie That those which are not to be Disbanded are drawn into Market Towns That there are Rumors still of dangers from Scotland Letters from Ireland That Col. Pudsey took in four small Castles from the Rebels That Sir Henry Titchburne destroyed sixty thousand pounds worth of Corn in the Rebels Countrey That Col. Jones and Col. Monke intended to joyn upon a design That Col. Conwey fell into the Rebels Quarters and took forty Horse killed fourteen men and brought away much Cattle 8. Debate about the confession of Faith Orders for Money for the Navy The List of the Summers Fleet altered in the Title of it That instead of a List of his Majesties Ships it should be a List of the Parliaments Ships Innformation that some Holland Ships refused to strike Sail to some of the Parliaments Ships saying that Holland was the elder State referred to a Committee Six of the Impeached Lords appeared at the Bar of the House of Peers and the Charges were severally read against them and they put in sureties for their appearance The Lord Willoughby came not but sent a Letter being himself withdrawn That he had been above four months Committed without particular charge against him that their Lordships were pleased to order his enlargement that he had received Counsel from a friend that he is not fit for publick imployment and therefore resolved to privacy That he hath always been faithful to the Parliament and desired their Lordships to make an honourable construction of his Retirement Fourteen days were given to the Impeached Lords to put in their Answers and Counsel allowed them Captain Dare Captain of the Constant-Warwick for the Parliament had a sharp Fight with a Ship of the Irish Rebels and twenty five of his men were killed and wounded but he boarded and took the Irish Man of War 9. The Ordinance pass'd both Houses for the more effectual suppressing of Stage-playes by Imprisoning and Fining and Whipping for the second offence An Ordinance for paying of Tithes and other Duties to the Ministers of London after much debate was committed A Petition from Taunton expressing the gratefulness of that Town for the Votes for no further Addresses to be made to the King And they had the thanks of the House and the Petition ordered to be Printed Letters from the General about new modelling the Martial power so as to have more Officers at less pay than now and fewer Soldiers which may be suddenly filled up as there shall be occasion and hereby the Army be better governed and less chargeable An explanatory Ordinance touching the sale of Bishops Lands committed and power given to remove Obstructions Letters from Ireland of sad complaints of the Officers and Soldiers there for want of Pay Meat and Cloaths so that the Soldiers go up and down more like Ghosts than Men. 10. Debate touching Scots Officers who had served the Parliament Order for an augmentation for the Church of great Brentford Order for an hundred pound for a gentleman who had lost both his eyes in the Service of the Parliament and to recommend him to Suttons Hospital the like for another who lost both his eyes at the Battle of Nazeby and the like for a third who had both his eyes shot out Debate till seven at night about the Declaration touching no more Addresses to be made to the King 11. Debate upon the Declaration touching no more Addresses to the King and voted upon hearing proofs That his Majesties Instructions to Mr. Cockeram his giving blanks signed with his Seal Manual the clause touching the Protestant blood shed in Ireland by such as had Commission from the King another concerning the death of King James the miscarriage at the Isle of Rea and Rochel the innocent blood shed in England and Scotland in prosecution of the Roman Catholick Cause be inserted in the Declaration and order'd it to be Printed and Published 12. The House sate not this day having adjourned till Tuesday by reason of extraordinary occasion for the Speaker at this time to sit in Chancery 14. Orders issued by the General for sending out Forces to prevent and suppress Tumults and Riots and to examine and secure such as shall be found acting or suspected to act or meet in any Tumult or unlawful Assembly contrary to the Orders of Parliament and to do such things as the Officers of the Troops to be sent out shall find necessary for preventing any Injuries or Affronts to be done to Travellers Carriers or others upon the High Ways Other Orders of the General touching Transportation of disbanded men Letters from the North That divers Troops and Companies were disbanded first only the Soldiers and two month pay given them and Debenters for the rest of their Arrears and Passes to go home or into Ireland That some discontents were among them and many Robberies and Murders committed upon the Disbanding 15. Reference to a Committee to seize or buy some Morter-pieces and Arms informed to be in a private hand An Ordinance sent up to the Lords for the Assessment of Ireland Upon Information That Judge Jenkins being brought as a Defendant to the Chancery Bar and required to answer a Bill there against him for a foul Cheat and breach of trust as some alledged Judge Jenkins told the Court That he ought not nor would submit to the power of that Court for that it was no Court and their Seal was counterfeit The House referred it to a Committee to draw up an Impeachment of Treason against him A day appointed to consider of the Compositions of the Lord Abergavenny a Papist and others upon Oxford Articles Order for two hundred men to be added to the Isle of Wights Forces The General treated with the Committee of the Army about disbanding the Lifeguards The Lords received another Paper or Protestation from Sir Jo. Maynard wherein he tells them That he ought to be tryed by a Jury for which he quotes Magna Charta and the Lord Cook and that he may except against thirty five of the Jury without showing cause and that none are to be his Judges who have acted in the same matters whereof he is accused the Lords ordered his answer to be brought in by a day The Parliaments Declaration that no more Addresses be made to the King was published the heads whereof are before mentioned 16. The
but it is for the People's sake A reverence to the person of the Judge procures a reverence to the Law pronounced by him but I shall hasten to speak a few words of the duty belonging to your Office as you are the Chief Judge of this Court and in your Circuits and other publick imployments in the Common-wealth For the duty of a Judge there cannot be a better direction than that Council which Iethro gave to Moses for the appointing of Judges That they should be men of Courage and men of truth fearing God and hating Covetousness For Courage I remember in a speech upon the like occasion with this of a Judge whose memory I have particular cause to honour That the life of a Judge is Militia quaedam if not Martyrium quoddam in both which Courage is requisite against the assaults of Friends of family of servants and the many importunities and temptations which he shall meet withal and a Martyr he must be in bearing the provocations censures scandals and reproaches which will be cast upon every Judge one Party being always displeased and not sparing especially in these times to censure the Judgment be it never so upright He must want no Courage to resist even the highest and greatest Powers The Stat. 2 E. 3. cap. 8. saith it is accorded and established that it shall not be commanded by the great Seal nor the little Seal to disturb or delay Common right and though such Commandment do come the Justices shall not therefore leave to do right in any point and to execute this Law requireth Courage Pursuant to this is the Statute 14 E. 3. c. 14. and the Parliament Roll 45 E. 3. n. 44. and 2 R. 2. n. 51. and all these are only declaratory of the Common Law as is evident before any of these Statutes by the close Roll 7 E. 2. M. 15. where in a Writ to the Chief Justice of the Common-Pleas the King commandeth quod propter aliquae Mandata vobis sub magno aut privato Sigillo they should not forbear to do right Justitiam nemini denegando nec ctiam deferendo and in our Books 1 E. 3. fol. 26. and 2 E. 3. fol. 3. if the King command the Judges to do that which cannot be done by Law they shall not do it According to Magna Charta nulli negabimus nulli deferemus Justitiam vel rectum and this the words of your Oath enjoyn The old Law of Edward the Confessor in Lambert fol. 38. commands the Judges to be equal to all nec quicquam formident quin jus Commun◠audacter libereque dicant For this we have an excellent President in Matthew Paris fol. 971. 41 H. 3. who relates that nobiles firmius confaederati constituerunt sibi Justitiarium virum ingenuum militen◠illustrem legum terrae peritum Hugonem Bigod qui Officium Justitiarii strenue peragens nullatenus permittat jus regni vacillare this is good Example of a Chief Justice and this jus regni is highly intrusted with every judge and I doubt not but that your self who have this trust hitherto so well performed and the rest whom the Parliament shall preferr will perform this great trust with Courage against which fear is not admitted for an excuse for so is the Petition of the Commons in the Parliament Roll 1. H. 4. n. 47. That the Lords nor the Judges be not received in time to come for their excuse to say that they durst not do or say the Law or their intent for doubt of Death because ils sont plus temis de raison de garder leur serment que de doubter mort ou aucune forfeiture one word comprehends all upon this subject in the first of Deuteronomy a Judge must not fear the face of man In the next place they are directed to be men of truth for the finding out whereof there are many incidents requisite as first Learning In the Parliament Rolls 17 E. 3. the Commons petition that none may be made Justices but men of Learning and King Alfred took great care in appointing and examining his Judges that they should be Learned as Asser Menevensis testifies and Bracton saith of an unlearned Judge ex alto corruit quia volare satagit antequam pennas assumat The Parliament have manifested their care for the choice of Learned persons to be Judges witness your self Mr. Serjeant and those reverend Brethren of yours whom you will find upon the Benches men able to understand and convince the subtleties of any arguments tending to obscure the truth and thus Judges ought to be qualified Industry is as requisite for the finding out of truth the burden of our profession growes the heavier when we are the less able to bear it a Judge is more conversant with his Books and more spent with travail and attendance upon the affairs of others in his old Age than was required of him when a young Student Oportet Judicem cuncta rimari Patience is also necessary for the finding out of truth when the Judgment is clouded with passion the truth will not be clearly discerned the digest directs a Judge not to give opprobriosa verba to any in Judgment no impertinences importunities clamours nor reproaches must move him he is to learn from the unbeseemingness and intemperances of others passions the better how to govern his own He must also be patient in allowing sufficient time both for that which is not material as for that which is the distinction is not easy but by the discretion and ingenuity of Councel ' The Law of Henry 1. in Lambert 186. saith ipsi co-agentes frequenter interrogandi sunt an amplius dicere velint an inde judicari quia multa per surreptionem eveniunt the words of our Judgments are significant to this purpose and shew the patience of your predecessors visis plenius intellectis maturà deliberatione habit◠consideratum est This was of so high esteem among the Romans that Cicero affirms Sola Judicis justitia est patentia and surely that Judge doth seldom determine justly that doth not hear patiently Advice is very requisite for knowing the truth and it hath been the custom of the reverend Judges in doubtful Cases to have the opinion and advice of their Brethren according to that direction 1 E. 3. fol. 11. where one Judge tells his Companion that he should not begin a new thing until he had heard his fellows 7 H. 6. a Judge of the the Common-Pleas sent into the Hall to know the opinion of the Judges of the Kings Bench and of the Barons of the Exchequer in a Cause then before him In the Raign of E. 2. and upwards when any difficulty was then all the Judges and Sages of the Law determined it and their Assembly and resolution was entred in the Roll. In the great Case of the Quare Impedit between the King and the Prior of Worcester concerning an appropriation the record saith ad quem diem c. examinatis
Court the Statute of W. 1. c. 29. and the Mirrour of Justices agree in an excellent direction in this point When a good cause is destroyed by misinformations or unlawful subtleties or deceits let the instruments thereof take heed of the wo denounced by the prophet against them that call good evil and evil good that put darkness for light and light for darkness their root shall be rottenness and shall go up as dust Remember that in your Oath for one verb you shall serve you have two adverbs well and truly The duty of Advocates to their Clients are general and particular The general consist in three things Secrecy Diligence and Fidelity 1. For Secrecy Advocates are a kind of Confessors and ought to be such to whom the Client may with confidence lay open his evidences and the naked truth of his case sub Sigillo and he ought not to discover them to his Clients prejudice nor will the Law compel him to it 2. For Diligence much is required in an Advocate in receiving instructions not only by breviats but by looking into the Books themselves in perusing Deeds in drawing Conveyances and Pleas in studying the points in Law and in giving a constant and careful attendance and endeavour in his Clients causes 3. For Fidelity it is accounted vinculum Societatis the name of unfaithfulness is hateful in all and more in Advocates than others whom the Client trusts with his livelyhood without which his life is irkesome and the unfaithfulness or fraud of the one is the ruin of the other Virgil in his fiction of Aeneas going down to Hell sets these in the front of Crimes Hic quibus invisi fratres dum vita manebat Pulsatusve Parens aut fraus innexa clienti Inclusi paenam expectant For your duty to particular Clients you may consider That some are rich yet with such theremust be no endeavour to lengthen causes to continue Fees Some are poor yet their business must not be neglected if their cause be honest they are not the worst Clients though they fill not your purses they will fill the ears of God with prayers for you and he who is the defender of the poor will repay your Charity Some Clients are of mean capacity you must take the more pains to instruct your self to understand their business Some are of quick capacity and confidence yet you must not trust to their information Some are peaceable detain them not but send them home the sooner Some are contentious advise them to reconcilement with their Adversary Amongst your Clients and all others endeavour to gain and preserve that estimation and respect which is due to your degree and to a just honest and discreet person Among your Neighbours in the Country never foment but pacify contentions the French proverb is Bonne terre mavuais chemin Bon Advocat mavuais voicin I hope this will never by any here be turned into English The next and last words which I shall note in your Writ are Servientis ad legem The name Sergeant is antient some would fetch it from the French word Sergent as Pasquier in his Recherches but that word is also Saxon. You are indeed Servientes but it is Ad legem your Fee is honorarium and you are or ought to be Patroni Clientium Viduae Orphano Adjutores The Conservators of the peace as in my Lord Cokes preface to his 10. Rep. were antiently called Servientes pacis and the tenure by Grand Sergeantry is the most honourable Sergeants were also called in Latin Narratores as my Lord Coke and Sir Roger Owen observe And in the Book in the Tower 14 E. 2. f. 89. One prayes that he may have Narratores in placitis ipsum tangentibus notwithstanding the Laws of Wales In the records in the Treasury 25 E. 1. one Thomas Marshall justified the maintenance of a cause for that he was Communis Serviens Narrator coram Justitiariis alibi ubi melius ad hoc conduci poterit and as a Counsellor he advised him They were antiently called likewise Countors as is noted by Sir Roger Owen and my Lord Coke because the Count comprehendeth the Substance of the Original Writ and the foundation of the suit and of that Part as the worthiest they took their name and lost it not in the reign of E. 1. and at this day every Sergeant at his creation doth count in some real Action at the Common-Pleas Bar. In the Statute of W. 1. 3 E. 1. he is called Sergeant Countor and in the Stat. 28 E. 1. c. 11. is this clause Nest my a entender que home ne poet aueer Councildes Countors des Sages gents Chaucer calls them Countors and in the Mirrour of Justices there is a Chapter of Countors the like in the grand Coustumier of Normandy and in the text and gloss of both these Countors are agreed to be Advocates who plead and defend mens causes in Judicial Courts The rest of the words of your Writ prefix a day and command you to prepare your selves to take this state and degree upon you Accordingly some of you have formerly appeared upon your Writs which have been ordered to be filed and your appearances recorded The rest of you have now appeared upon your Writs which have been read and the like order given as for the others and we are ready to admit you to take your Oaths And what honour and advantage hath been gained by any the most eminent of your predecessours in this degree I do heartily wish may be multiplied unto you Mr. Sergeant S t John and to all the rest of these worthy Gentlemen your Brethren 20. Vote for money for the Forces in Carlisle and Northumberland c. Several Officers of the Army presented to the Commons not to the Lords the Large Remonstrance of the Army with a Letter from the General to the House desiring the Renonstrance might have a present reading and the things propounded therein be timely considered and that no failing in Circumstances or expressions may prejudice the reason or Justice of what was tendered The preamble of the Remonstrance shewed the miscarriages of the King and of the Parliament severally and in Treaties between them especially that Treaty wherein they now are That they conceive the Parliament hath abundant cause to lay aside any further proceedings in this Treaty and to return to their votes of non-addresses and to reject the Kings demands for himself and his Party and that he may no more come to Government nor to London That Delinquents be no more bargained with nor partially dealt with Nor protected nor pardonable by any other power only moderated upon submission and among these Offenders they offer 1. That the King be brought to Justice as the Capital cause of all 2. That a day be set for the Prince and Duke of York to come in and if they do not then to be declared Traitors if they do come in to be proceeded against or remitted
the place for Tryal of the King should be Westminster-Hall and that in order thereunto the King should be brought from Windsor to London The Commissioners of the Seals heard some Cause in the Queens Court some told 'em for News that new Commissioners of the Great Seal were to be appointed Sergeant Bradshaw Sergeant Thorpe Sergeant Nicholas this was supposed to be discourse only as some would have it 14. The Lords day in the Evening a visit to Mr. Speaker who seemed much unsatisfied with the proceedings of the Army especially with an apprehension that they design to put him out of his place and to claim all by conquest The times were indeed full of dread and danger and of trouble and change which caused many a perplexed thought in sober men who yet put their trust in God and resolved to depend on him and to go on in the way wherein he had set them whilst they were permitted 15. The Declaration passed for revoking the former vote for taking off that of non-addresses to the King and for justifying the present proceedings of Parliament Order for one thousand pound for defraying incident charges for Tryal of the King A Petition from the Common Council of London desiring the House to proceed in the execution of justice against all Capital actors in the War against the Parliament from the highest to the lowest That the Militia Navy and places of power may be in faithful hands for recovery and increase of trade and to endeavour the setling of the Votes that the supreme power is in them upon foundations of righteousness and peace and that they resolve to stand by them They also presented a Narrative of the carriage of the Lord Mayor and some Aldermen denying to concurr with them in this Petition and departing the Court The House approved what the Common Councel had done and gave them thanks and appointed a Committee to consider of their desires The High Court of Justice sate and heard the Charge against the King and appointed a Committee to peruse it and the proofs of the matters of fact and Ordered to move the Parliament to adjourn the Term for fourteen daies in respect to this Tryal A Declaration read at the Council of the Army of the grounds of their present proceedings justifying them and making apologies for themselves that they seek no particular advantage by the agreement of the people by which they have discharged their consciences and their duty to their native Country in their utmost endeavours for a settlement unto a just and publick interest Letters from France of great troubles there and Forces raised by the Queen Regent the Cardinal Mazarine and their Party and Parisiens the Parliament and the Prince of Conde and other grandees of that Party 16. An Act passed for adjourning the Term for fourteen daies Another Act passed for regulating the Clerks Fees of the Navy and Customs and discharging unnecessary ones Now the Commons stil'd what were before Ordinances at this time Acts of Parliament Papers from Scotland not acknowledging the House of Commons a Parliament laid aside and not read Private Letters from Scotland that the Parliament there nemine contradicente did dissent from the proceedings of the Parliament of England 1. In the toleration of Religion in Order to the Covenant 2. In the Tryal of the King 3. In alteration of the form of Government Letters from Pontefract that the Enemy keeps up in hope of relief that Major General Lambert was very active in disbanding the Militia Forces The Commissioners of the Seals heard Demurrers in the Queens Court work men being in Westminster-Hall to make the Chancery and Kings Bench into one Court taking down part of either Court and making Scaffolds 17. Referred to the Committee of Derby House to bring in a list of names of some to be sent Commissioners to the Parliament of Scotland now sitting and to keep a fair correspondence between the two Kingdoms Order for Mr. Kiffin and Mr. Knolles upon the Petition of Ipswich-men to go thither to preach A Petition with large subscriptions from the Isle of Wight Portsmouth Southampton c. representing their grievances and remedies A Committee appointed to consider of this and all other Petitions of this nature and to begin with those of most concernment to the present settlement The High Court of Justice sate and caused the Charge against the King to be abbreviated they Ordered a Sword and Mace to be carried before them The Commissioners of the Seal heard some causes in the Queens Court and an Act of the House of Commons being brought to them for adjourning the Term they were required to issue forth Writs for that purpose They rose and advised together about it the two Lords Commissioners with them refused to joyn in signing a Warrant for those Writs because the Lords House did not concur in this Act. Sir Thomas Widdrington and Whitelock thought fit to acquaint the House herewith and there some moved to send up to the Lords for their concurrence but most of the House opposed it as a waving of their own authority having already without the Lords past an Act for it and so it was laid aside Sir Thomas Widdrington and Whitelock sate in the House till four a Clock and went then to the Earl of Kent and the Lord Grey to acquaint them with what the House had done in this business and advised them to move the Lords House in it themselves which the Earl of Kent did stick at Then Sir Tho. Widdrington and Whitelock went to some of the Judges and advised with them whether the Term might not be adjourned without any Writ and they seemed to be of Opinion that it could not 18. Major General Massey one of the secluded Members made his escape from St. James's where he was Prisoner The Lords sent down an Ordinance which they had past to the House of Commons for their concurrence and it was the same in effect for adjourment of the Term which the Commons had past before But the Commons having before voted That they were the supreme power and that all Committees which before were of Lords and Commons might after that Vote Act though the Lords joyn not they would not own the Lords as formerly by agreeing to this Ordinance Whitelock was in the House at this Debate and excused the two Commoners Commissioners of the Great Seal for their scruple in this business withal expressing their readiness to observe and obey the commands of the House of Commons 19. An Ordinance long debated and at last committed touching Delinquents paying in the remainders of their compositions or else to be sequestred again The place of Lieutenant of the Ordnance was formerly given to Sir Walter Earl now one of the secluded Members it was now snapt at by others and a motion made to give it to another Member but referred to a Committee The High
Court of Justice sate in the afternoon and heard proofs to the Impeachment the King was brought from Windsor to St. James's in Order to his Tryal The General Councel of the Army met and the draught of the agreement of the People was subscribed by many of them and Sir Hardress Waller and sixteen other Officers were appointed to present it to morrow to the House of Commons Information of a Vessel taken by Colonel Russel Governour of Guernsey and Captain Burley in her A Petition from North-Wales to the Councel of the Army complying with their Remonstrance c. for which the Councel gave them thanks The two Lords Commissioners of the Seal still refused to joyn in signing Warrants for Writs to adjourn the Term whereupon Sir Tho. Widdrington and Mr. Whitelock went to the Speaker and acquainted him with all passages and their intentions in this business to procure an Act of the House of Commons to command Sir Thomas Widdrington and Mr. Whitelock to sign Warrants without the Lords for Writs to adjourn the Term and to draw an Act for that purpose the Speaker approved of this way and offered that he would present the Act to the House for this purpose 20. Lieutenant General Hammond and divers chief Officers of the Army presented to the House in the name of all the Army from the General Council of the Army a Petition and a Writing concluded on by them intituled an Agreement of the People of England desiring a serious and speedy consideration thereof by the House The Petition was read but not the Writing it being long and the House having resolved to rise at twelve a Clock in regard the Commissioners for Tryal of the King were to sit in the afternoon yet they returned to the Officers this answer and Ordered That the thanks of the House should be given to these Officers for their particular and great services to the Kingdom and that they be desired to return the hearty thanks of the House to his Excellency the Lord General and all the Army for all their unwearied and gallant services to the Nation And that the Petition with this answer should be forthwith printed and published that the Kingdom might take notice of the Union and affection between the Parliament and Army and for the Agreement and Declaration they should be taken into speedy and serious consideration Upon a conference betwixt the King and Mr. Hugh Peters and the King desiring that one of his own Chaplains might be permitted to come to him for his satisfaction in some scruples of conscience Doctor Juxon Bishop of London was Ordered to go to his Majesty Order that the Commoners Commissioners of the Great Seal should issue forth Writs for adjourning of the Term though the Lords Commissioners did not joyn with them The High Court of Justice sate in the place in Westminster-Hall made for them the President had the Sword and Mace carryed before him and twenty Gentlemen attended as his guard with Partizans commanded by Colonel Fox After an O yes and silence made The Act of the Commons of England for sitting of the Court was read and the Court was called sixty of the Members appeared The King was brought from St James's to White-Hall and from thence by Water guarded with Musquetiers in Boats to Sir Robert Cottons House near Westminster-Hall and from thence to the Bar of the Court attended by Colonel Hacker with about thirty Officers and Gentlemen with Halberts At his coming to the Foot of the stairs he was met with the Mace of the Court and conducted to a chair within the Bar where he sate down in the Face of the Court they all being covered as well as his Majesty The Lord President in a short speech acquainted the King with the cause of his bringing thither in Order to his Tryal upon a charge against him by the Commons of England which was then to be read and his Majesty to give his answer thereunto The King Offered to speak before reading of the Charge but upon some interruption was silent and the Charge was read By which he was charged in the name of Charles Stuart King of England as Guilty of all the Blood that had been shed at Kenton Brainford Newbury and other places where he had been present in Arms against the Parliament and other particulars very large The King smiled at the reading of his Charge and after it was read demanded of the President by what lawful Authority he was brought thither and being answered in the name of the Commons of England He replyed he saw no Lords there which should make a Parliament including the King and urged that the Kingdom of England was hereditary and not successive and that he should betray his trust if he acknowledged or made answer to them for that be was not convinced that they were a lawful Authority After he had been often demanded to answer and refused he was remanded to Sir Robert Cottons House and thence to St. James's and the High Court adjourned and kept a Fast together at White-Hall Sir Thomas Widdrington seemed to scruple the signing of Warrants without the Lords for adjourning of the Term. 22. The Commissioners of Scotland delivered some Papers to the House and declared that Scotland had an undoubted interest in the person of the King that he was not delivered to the English Commissioners at New-Castle for the ruine of his person but for a speedier settlement of the Peace of his Kingdom That they extream'y dissent and declare against the Tryal of him and that this present way of proceeding against him leaves a deep impression on them and sits heavy on all their Spirits in regard of the great miseries that are like to ensue upon the Kingdoms And they moved for leave of the House to make their personal Addresses to the King The House referred it to a Committee to draw up an answer to the Parliament of Scotland This Declaration with some Papers from the Parliament of Scotland were likewise presented by their Commissioners to the Lord General A Letter to the General from the Officers before Pontefract Castle concurring in the Action of trying the King secluding the Members of Parliament who carried on corrupt designs and acknowledging the present proceedings of the Army to be the work of God alone The High Court of Justice sate and the King was again brought to the Bar. Mr. Coke Sollicitor General moved That whereas the Prisoner had refused to make answer to the Charge against him that now he might be directed to make a positive answer either by way of confession or negation which if he shall refuse to do that the matter of the Charge may be taken pro confesso and the Court may proceed according to Justice The President then required the King to answer to the Charge against him by the Commons of England of High Treason c. The King confessed
to endeavour to the last gasp the peace of the Kingdom So Sirs I do wish with all my Soul and I do hope there is some here that will carry it further that they may endeavour the peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in a way first you are out of the way for certainly all the way you ever have had yet as I could find by any thing is in the way of conquest Certainly this is an ill way for Conquest Sirs in my opinion is never just except there be a good just cause either for matter of wrong or just title and then if you go beyond it the first quarrel that you have to it that makes it unjust at the end that was just at first But if it be only matter of Conquest then it is a great robbery as a Pyrate said to Alexander that he was a great robber he was but a petty robber and so Sirs do I think the way that you are in is much out of the way Now Sirs to put you in the way believe it you will never do right nor God will never prosper you until you give him his due the King his due that is my Successours and the People their due I am as much for them as any of you can be You must give God his due by regulating rightly his Church according to his Scripture which is now out of order for to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when that every opinion is freely and clearly heard For the King indeed I will not then turning to a Gentleman that touched the Axe he said hurt not the Axe that may hurt me For the King the Laws of the Land will clearly instruct you for that therefore because it concerns my own particular I only give you a touch of it For the People and truely I desire their liberty and freedom as much as any Body whomsoever but I must tell you that their liberty and their freedom consists in having of Government those Laws by which their life and their goods may be most their own It is not for having Share in Government Sirs that is nothing pertaining to them a subject and a Soveraign are clean different things and therefore until they do that I mean that you do put the People in that liberty as I say certainly they will never enjoy themselves Sirs it was for this that now I am come here if I would have given way to an arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your Charge that I am the Martyr of the People In troth Sirs I shall not hold you much longer for I will only say this to you that in troth I could have desired some little time longer because that I would have put this that I have said in a little more order and a little better digested it than I have done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are best for the good of the Kingdom and your own Salvation Then D r Juxon spake Will your Majesty though it may be very well known your Majesties affections to Religion yet it may be expected that you should say somewhat for the worlds satisfaction K. I thank you very heartily my Lord for that I had almost forgotten it In troth Sirs my conscience in Religion I think is very well known to the world and therefore I declare before you all that I dye a Christian according to the profession of the Church of England as I found it left me by my Fathers and this honest man I think will witness it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gracious God I will say no more Then turning to Colonel Hacker he said take care that they do not put me to Pain and Sir this and it please you Then a Gentleman coming near the Axe the King said Take heâ—d of the Axe pray take heed of the Axe Then he said to the Executioner I shall say but very short Prayers and then thrust out my hands Two men in disguises and vizors stood upon the Scaffold for Executioners Then the King called to D r Juxon for his Night-cap and having put it on he said to the Executioner does my Hair trouble you he desired it might all be put under the cap which the King did accordingly by the help of the Executioner and the Bishop Then the King turning to D r Juxon said I have a good cause and a gracious God on my side D r Juxon There is but one stage more this stage is turbulent and troublesome it is a short one but you may consider it will soon carry you a very great way it will carry you from Earth to Heaven and there you shall find a great deal of Cordial joy and comfort King I go from a corruptible to an incorruptible Crown where no disturbance can be D r Juxon You are exchanged from a temporal to an eternal Crown a good exchange Then the King took off his cloak and his George which he gave to Dr. Juxon saying Remember some other small ceremonies were past after which the King stooping down laid his Neck upon the block and after a very little pause stretching forth his hands the Executioner at one blow severed his head from his Body Then his Body was put in a Coffin covered with black Velvet and removed to his lodging Chamber in White-hall At this scene were many sighs and weeping Eyes and divers strove to dip their handkerchiefs in his Blood The House sate early and the Dutch Ambassadors having sent them a transcript of their Ambassy in English it took up much time in the reading and was referred to a Committee to draw up the answer to it An Act past to prohibit any to proclaim the Prince of Wales or any other to be King or chief Magistrate of England or Ireland without consent of Parliament on pain of High Treason Some imperfect Copies of the proceedings at the Tryal of the King being printed the House referred it to the High Court to draw up a Narrative of those proceedings to be confirmed by the House The Act forbidding the proclaiming of any King was Ordered to be sent down to all the Sheriffs to be proclaimed in all Counties Duke Hamilton and the Lord Loughborough escaped out of Windsor-Castle 31. Between three and four a clock this morning Letters came from Windsor to Lieutenant General Cromwell of the escape of Duke Hamilton and his man the last Night Warrants were presently issued forth and five hundred pound promised
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
Provisions and Ammunition Order for 100 l. to Mr. King who brought the Letters from Sir Charles Coot for his good Service Referred to the Councel of State to examine the Business of Captain Kesar mentioned in Sir Charles Coots Letter and to send for and secure him if they find cause 25 By Vote the House declared That all such English and Scots and all others that have ingaged for the Parliament of England in the Nation of Scotland and have revolted from that Service and all such as have or shall adhere unto or joyn with Charles Stuart eldest Son of the late King in that Nation are Traytors and shall have their Estates confiscate and their Persons proceeded against by Martial Law Order for these Votes to be Printed and Published and a Copy of them to be sent to the Lord Lieutenant of Ireland Order to forbid proceedings in the Composition of the Earl of Derby because he holds the Isle of Man against the Parliament By two Printed Papers and three Letters to the Committee of the Army for discovery of Criminal Offenders Mr. Speaker was taxed for an ill Member and that he had conveyed a great Sum of Money to the King and Matters of Falsehoods and Breach of Trust are charged on him Upon the Order of the General the Officers of the Army certifyed under their Hands That they never examined any matter touching the Speaker nor had any Order from his Excellency for that purpose to authorize it That they find the same Business had been Judicially heard before a Committee of Parliament and by them reported to the House who declared those complaints raysed and prosecuted falsely malitiously and scandalously against the Speaker and that exemplary Punishment be inflicted upon the Prosecutors The Officers of the Army conclude their Certificates That they humbly conceive the said Information raysed and promoted since the Judgement of the House as aforesaid was a practice to bring an Odium upon the Speaker who hath so highly merited from the publick An Advertisement published That if any Countryman be injured by the Souldiers taking of Free-Quarter contrary to the Act that upon Complaint to the Judge Advocate of the Army and Proof thereof made he shall have Satisfaction out of the Pay of the Souldier and Protection from the Army 27 The House sate not Letters from Dublin to the Councel of State of some Correspondence betwixt the Governour of Tredagh and Lieutenant General Jones and that Ormond came thither with 1500 Horse and 2000 Foot That Owen Roe O Neal conceiving that he had merited from the Parliament desired a Convoy for his Men to serve the Spaniard but nothing was granted Letters that the Scots Army was full of Malignants and the Nation full of Feares That nothing will give Satisfaction there but the Kings putting Malignants from him and granting the particulars of the Covenant Letters from Mr. Peters to the Councel giving them an account of the Fleets setting sail for Ireland c. Lieutenant Collonel Morrice Governour of Pontfract Castle for the King was executed according to the Sentence of the Court Marshal Letters that 5 Men of War wearing the Scots Colours set upon 5 Ships of the Parliaments killed 4 of their Men wounded 18 and did much Prejudice to the Ships The Governours of the new Corporation in London for setting the poor to work sent their Warrants requiring the Church-Wardens and Overseers of the Poor in every Parish to return the Names to them of all such as are able to work and have not meanes to maintain themselves and of all who are not able to work and want Livelyhood 28 Order for such as neglect to take out Discharges upon their Compositions for Delinquency to be taken into Custody The Act passed prohibiting the Importing of any Wines Wool or Silk from France into England or Ireland An Act passed for admitting the Purchasers of Bishops Lands to pay the whole purchase Money by Weavers-Hall Bills Another Act passed touching the second 40000 l. charged on the Excise and Goldsmiths-Hall 29 The Publique Thanksgiving day Solemnized The Lord Lieutenant of Ireland shortly after his landing at Dublin published a Proclamation reciting the great Mercies of God to that City particularly in the late Defeat given to the Rebels who incompassed it round about and finding that notwithstanding the Goodness of God to them yet by profane Swearing Cursing and Drunkenness his holy Name is dayly dishonoured and blasphemed contrary to the Laws of God and the known Laws of that Land and to the Articles of War He commands the Major and Magistrates of the City and the Officers of the Army to put in due Execution the Laws against such Offenders and that he will punish the neglect and contempt of this Proclamation with the severest Punishment of the Law 30 The Act for relief of Prisoners of Debt was after a long Debate and difference in Opinion ordered upon the Question to be ingrossed Debate touching Fees and Salaries of the Officers belonging to the House The Arrears of Sir Adam Lostus referred to the Committee for Irish Affairs Letters from Holland That the Prince his Men run away from him for want of Mony That 2 Irish Frigots brought into Dunkirk 6 Hull Ships for Prizes Letters from Dublin That the English Fleet which came thither with the L. Lieutenant strikes a great Terrour into the Enemy That Trumpets came to Jones from Ormond Inchequin and others but he sent them back with this Answer That now all Addresses must be made to the L. Lt. Cromwel 31 Order that Serjeant Dandey Serjeant at Arms to the Councel do proclaim the Act for prohibiting the Importation of Wines Wool and Silks from France Debate touching Mr. Warners Case An Act passed touching the West-India Islands and making them subordinate to the Government of England Order for an Act to prohibite the Brewing of Ale or Beer above 10 s. the Barrel Report by the Councel of a Letter from the Lieutenant of Ireland giving an Account of his Condition after his safe Arrival and laying open his necessities for Supplies and speedy Recruits Referred to the Councel of State to consider of the Letter and Desires of the L. Lieutenant and to answer his Expectation so far forth as it may not increase the Charge of this Common-Wealth Order for Payment of the 200 l. formerly given to Captain Poulton Order for 1200 l. for C. Fielder late Governour of Portsmouth for his Service there and 1148 l. for his Arreares out of concealed Delinquents Estates to be discovered by him Upon a Report from the Councel of their Opinion That Sir Kenelm Digby is a dangerous Person and to know the pleasure of the House concerning him they Voted That he was not within the compass of the Votes for compounding for his Delinquency And that he be injoyned to depart the Common-Wealth within 20 days and not to return without leave of the House under pain of Death
6 Returns of Subscriptions to the Ingagement from several Regiments and Garrisons Letters from Taunton That the Commissioners for settling the Militia in that County had agreed upon Officers of Horse and Foot to be named to the Councel of State for Commissions That C. Pine is most Active in this and all other Business of that County At a Horse Race near Blackley there being many Gallants with Pistols Swords and Arms C. Smith with the Oxfordshire Troop came thither and disarmed some of the chief and most suspected of the Company The same Captain Smith in 6 Months apprehended 50 Robbers in those Parts 30 of them were hanged Letters from Shrewsbury of the meeting of Cavaliers in that County and Suspicions of new Plots Account of Troops and Recruits marching towards Chester for Ireland 8 Letters from Newcastle That the Cavaliers report generally that the Scots and their King are agreed and thereupon many of them are gone into Scotland That course is taken to prevent them for the future That the Ministers in Yorkshire preach openly against the Ingagement That many Mosse Troopers are dayly taken From Yarmouth That Commissions came from the Councel of State for the Militia which the Bayliffes and others are putting in Execution and Souldiers list themselves and take the Ingagement very willingly That the like was done in Norwich for that City and for the County of Norfolk The like was done in Essex That the four Ships sent to guard the Fishers have much advanced the Fishing Trade From Cork That 5 Ships with Souldiers were all cast away coming from Minehead for Ireland only 20 or 30 men swam to shore That the Enemy besieged Captain Barrington in Arklow Castle and he sallyed out upon them beat them off and killed many of them That Lieutenant Collonel Axtel Governour of Rosse made several Incursions into the Enemies Quarters in the County of Kilkenny took many Prisoners and great store of Cattle Account of Recruits for Ireland Some debauch't Persons in a Tavern drinking Healths in a Balcone breaking Glasses and drawing a great deal of Company together some Souldiers who saw it went up to the Gentlemen and carryed them away Prisonees to Whitehall 9 Letters from Dunstar confirming the sad news of the 5 Ships that went from Minehead to Ireland all cast away Captain Ensor and Captain Whiting with 80 Horse and 150 Foot and all the Seamen drowned except 20 or 30. From Ireland that the Popish Clergy there have agreed to raise 7000 Men by March next and to pay them and that Antrim shall command them That the Estates of Scotland are setting out a Declaration in answer to Montrosses Declaration and conform to that of the Kirk One Hinderson proclaimed in several Streets of Newark I pronounce Charles the Second of England Scotland France and Ireland Defender of the Faith c. as King of England although his Father suffered wrongfully Yet you cannot be Governed without a Head but now you are Governed by a stinking lowsy Committee For these words he was apprehended and sent to Prison A Petition to the General and his Councel of Officers in the behalf of 3000 maimed Souldiers and Widdows whose Husbands were slain in the Service of the Parliament the General and his Councel recommended it to C. Rich to move the House therein The Councel of State sent three of their Messengers to apprehend one Mercer who stabbed two of them that they dyed immediately and wounded the third and so escaped from them 11 Letters that an Irish Frigot boarded a Newcastle Ship near Hartlepool which the Governour seeing caused some of his Guns to be so planted that they shot the Irish Frigot through and through and caused her to hasten away and leave her Prize behind which came in safe to Hartlepool From Scotland that Libberton was returned with a Message from the King which was read but nothing done upon it that he speaks high what the King will do for and stand by Scotland yet they go on in purging the Army That an English Merchant having a cause to be pleaded there the Scots Lawyers refused to plead for him because the business was drawn up in the new way in the Name of the Councel of State About 24 Persons came in the Night to White-Fryars with Muskets as Souldiers called up the Constable and required him to go along with them to apprehend some dangerous Persons and brought him to the Lodging of Sir Edward Hales whom they knew to have a great Sum of Money there That when they came into the House they bound the Constable and Sir Edward Hales and the Master of the House broke open Trunks and carryed away with them 100 l. besides Rings Watches c. Then they locked the Doors after them left theirMuskets behind them and got away in Boats which they had laid ready at White Fryars Stairs but 7 of those thieves were afterwards apprehended 12 The House named these Persons to be of the Council of State for the Year following viz. E. of Denbigh L. C. Justice St. John Sergeant Bradshaw L. Grey of Groby M. G. Skippon Alderman Pennington Sheriffe Wilson Sir William Masham Lord Commissioner Whitelock Sir James Harrington C. Hutchinson Mr. Bond. Mr. Alderman Popham Mr. Wanton̄ C. Purefoy Mr. Jones C. Ludlow E. of Salisbury Mr. Luke Robinson L. C. Justice Rolle L. Ch. Baron Welde L. G. Fairfax L. Lt. Cromwel Mr. H. Martyn Sir Gilbert Pickering Mr. Stapely Mr. Heveningham Sir Arthur Hassterig Mr. Wallup Sir H. Vano Junior L. Lisle Sir William Armyne Sir Henry Mildmay Sir William Constable Lord Commissioner Lisle Mr. Scot. Mr. Holland Debate touching meanes of advancing the Gospel of Christ An Act touching the way of Presentations and settling of Ministers in Livings committed An additional Act for the more severe punishing of prophane Swearing and Cursing committed An Act for suppressing and punishing the abominable sins of Incest Adultery and Fornication committed 13 Letters from the West That many Presbyterians in their Pulpits prayed very Zealously for restoring the King of Scots to his Fathers Crown in England That a French Vessel which came from the Barbado's was wracked and 13 of her men lost and the rest saved Sir Bathazer Gerbier set up his Academy in White Fryers for the teaching of all manner of Arts and Sciences a good design if the conduct and Success had been answerable 14 Letters from Scotland That their King in his Message by Libberton would have exempted from any benefit of the Agreement all such as shall be found to have had a hand in the Death of his Father without mentioning whom which breeds a general Jealousy that it may reach to all that consented to the giving up of his Father at Newcastle or joyned in the Covenant with England That the King will only acknowledge the Scots Commissioners to be Commoners of Parliament during the Treaty or after as it shall succeed and private Letters were sent from the King to
to it in that Action of D. Hamilton which was by order and authority from the Parliament of that Kingdom and so the Act of the whole Nation by their Representatives And if they now give us too much cause of suspicion that they intend another Invasion upon us joyning with their King with whom they have made a full agreement without the Assent or Privity of this Commonwealth and are very busie at this present in raising Forces and Money to carry on their Design If these things are not a sufficient ground and Cause for us to endeavour to provide for the safty of our own Countrey and to prevent the miseries which an Invasion of the Scots would bring upon us I humbly submit it to your Excellencies Judgment That they have formerly invaded us and brought a War into the Bowels of our Countrey is known to all wherein God was pleased to bless us with Success against them and that they now intend a new Invasion upon us I do as really believe and have as good Intelligence of it as we can have of any thing that is not yet acted Therefore I say My Lord that upon these grounds I think we have a most just Cause to bogin or rather to return and requite their Hostility first begun upon us and thereby to free our Country if God shall be pleased to assist us and I doubt not but he will from the great misery and calamity of having an Army of Scots within our Countrey That there will be War between us I fear is unavoidable Your Excellency will soon determine whether it be better to have this War in the Bowels of another Country or of our own and that it will be in one of them I think it without Scruple Lord General It is probable there will be War between us but whether we should begin this War and be on the offensive part or only stand upon our own defence is that which I scruple And although they invaded us under D. Hamilton who pretended the Authority of the Parliament then sitting for it yet their succeeding Parliament disowned that Ingagement and punished some of the Promoters of it Whitelock Some of the principal men in that Ingagement of D. Hamiltons are now in great Favour and Imployment with them especially in their Army since raised and now almost ready to advance into England and I believe your Excellency will judge it more prudence for us who have an Army under your Command ready formed and experienced Souldiers whom God hath wonderfully prospered under your conduct to prevent their coming into England by visiting of them in their own Countrey Lord General If we were assured of their coming with their Army into England I confess it were prudence for us to prevent them and we are ready to advance into Scotland before they can march into England but what warrant have we to fall upon them unless we can be assured of their purpose to fall upon us Harrison I think under favour there cannot be greater assurance or humane probability of the intentions of any State than we have of theirs to invade our Countrey else what means their present Levyes of Men and Money and their quartering Souldiers upon our Borders it is not long since they did the like to us and we can hardly imagine what other design they can have to imploy their Forces Lord General Humane Probabilities are not sufficient grounds to make War upon a Neighbour Nation especially our Brethren of Scotland to whom we are ingaged in a solemn League and Covenant St. John But My Lord that League and Covenant was first broken by themselves and so dissolved as to us and the disowning of D. Hamiltons Action by their latter Parliament cannot acquit the Injury done to us before Cromwel I suppose your Excellency will be convinced of this clear truth that we are no longer oblieged by the League and Covenant which themselves did did first break Lord General I am to answer only for my own Conscience and what that yields unto as just and lawful I shall follow and what seems to me or what I doubt to be otherwise I must not do Whitelock Your Excellence is upon a very right ground and our business is to endeavour your Satisfaction in those doubts you make if we shall stay till they first invade us we shall suffer much misery to come among us which probably we may prevent by sending first to them and surely the Law of Nations if an Ally enter in an hostile manner into his Neighbour Nation contrary to the Allyance and be beaten out again that Nation thus invaded may law fully afterwards invade the other to requite the former wrongs done unto them But besides this we cannot but see their present preparations to be against us for they are in Amity with all others and their conjunction now with the Kings Party may plainly enough discover their Designes against this Commonwealth Lord General I can but say as I sayed before that every one must stand or fall by his own Conscience those who are satisfyed of the Juistce of this War may chearfully proceed in it those who scruple it as I confess I do cannot undertake any Service it in I acknowledge that which hath been said to carry much weight and reason with it and none can have more power upon me than this Committee nor none be more ready to serve the Parliament than my self in any thing wherein my Conscience shall be satisfyed in this it is not and therefore that I may be no hinderance to the Parliaments designs I shall willingly lay down my Commission that it may be in their hands to choose some worthier Person than my self and who may upon clear fatisfaction of his Conscience undertake this business wherein I desire to be excused Cromwel I am very sorry your Lordship should have thoughts of laying down your Commission by which God hath blest you in the performance of so many eminent Services for the Parliament I pray My Lord consider all your faithful Servants us who are Officers who have served under you and desire to serve under no other Gene. It would be a great discouragement to all of us and a great discouragement to the Affairs of the Parliament for our noble General to entertain any thoughts of laying down his Commission I hope your Lordship will never give so great an Advantage to the publick Enemy nor so much dishearten your Friends as to think of laying down your Commission Lambert If your Excellence should not receive so much satisfaction as to continue your Command in the Parliaments Service I am very fearful of the mischiefs which might ensue and the distraction in the pulick affairs by your laying down your Commission but I hope that which hath been offered unto you by this Committee upon your serious consideration will so far prevaile with your noble and pious disposition and with your Affection to this cause wherein we are so deeply
though not in name That the Ministers about Exon and Taunton refused to observe the Thanksgiving-Day for the Victory in Scotland 12 Letters Of great Vollies of small Shot and great Shot from South-Sea-Castle and the Ships in the Road upon the Thanksgiving-Day for the Victory in Scotland and of much kindness between the Civil and Military Officers 14 Letters that a Party of the Army surprized one of the Out Guards of Edenburgh Castle and the Enemy fled into the Castle leaving 300 Muskets behind them That the next day upon a Search in Edenburgh they found a good Quantity of Arms and Ammunition That the â—eneral went on with his mining and approaches to the Castle which was well stored with Provisions and Ammunitions and had of late been very lavish of their Powder to little purpose That they took some Boats and one Ship of the Scots That two Ships were come with Cheese for their Supply and 1000 of the Sick and wounded Souldiers were come back to Leith That divers of the Scots come to hear the Ministers of the Army and seem to be much converted by them and offer to be imployed by the General That their King is discontented at the late carriage of their Clergy who preached at their Fast That their late overthrow was their too much complying with the King That he sent to Orkney to have Ships ready there for his going away if he should find cause to depart Scotland That a Frigot of the Parliaments called the Liberty with 50 brass Guns was cast away by carrying too much Sail upon the Sands betwixt Harwich and Yarmouth Road. 15 An Act passed for Sale of the Mannors of Rectories and Glebelands late belonging to the Archbishops Bishops Deans and Chapters Letters that 10 of the Parliaments Ships about five Leagues off the shore of Lisbon met with 23 of the Portugese Brazile Fleet burnt three of them and as is supposed took 11 of them with 8000 Chests of Sugar and other rich Goods in them and the rest being smaller Ships in the fight got into Lisbon That the King of Portugal hearing of this came down in Person and caused Prince Rupert and his Fleet being eighteen in all to go out to regain the Brazile Ships which they did but the Parliaments Fleet were drawn off That the Duke of York was come to the Hague 16 Letters of the refractoriness of Ministets in several places and their refusing to observe the day of Thanksgiving for the Victory of Scotland 17 Letters of the breaking out of the Plague at Barnstable Letters of great difference between the Kirk and the King And that the Lords side with the King and divers Commanders with the Kirk who proceed to purge the Kings Houshold That the Earl of Cleveland was to depart Scotland for refusing to take the Covenant That most of the Cavaliers went to Holland being the place of their refuge and greatest security which they most hated before That none are allowed a Residence in Scotland but the Duke of Bucks the L. Newburgh and Sir James Levinston 18 Letters that three strong Castles near Limerick were surrendred to Sir Hardress Waller upon Quarter and taken in to prevent Interruption to the Armies besieging Lymerick and then he sate down again before the City That the Dragon Frigot sunk a great Ship of the Enemies near Lymerick loaden with treasure and took another loaden with Hides and tallow worth 3000 l. That the Sickness increased again at Cork and other places That C. Hewson marched out of Dublin with a strong Party and the Lord Deputy was gone before Lymerick That the Plague increased in Shrewstury That the Fairfax and other Frigots came into Pendennis Harbour hearing that there was an insurrection in those parts but found it otherwise and returned to Sea That the Minister and Major of Northampton refused to observe the Thanksgiving day saying It was a sin to do it That the Roman-Catholick and the Royal Presbyterian were both built upon one politick foundation supported with one private Interest 19 Letters that the Parliaments Fleet were in pursuit of Prince Ruperts Fleet. That the Governours of the Castles near Lymerick lately taken in by Sir Hardress Waller were the chief Actors in the ruine of his Estate Letters that the King is gone away from St. Johns Town but the Kirk sent after him and brought him back again That all their Forces except 500 were removed from Sterling to St. Johns Town That the General and Officers were often in Prayer together That the Governour of Edenburgh Castle was very high and the Clergy with him very desperate That the Ceneral went on with his Mining That the Scots Army are full of Factions one are those whom the Scots laboured to remove out of the Army as Sectaries another Faction is the Old Malignants who would be revenged for the death of Montross and other Malignants others are against the Kirk others are the New Malignants That David Leslys men plunder ravish and kill the Country People and put to death some of them for refusing to serve in the Army 22 An Act passed concerning Corn and Meal An Additional Act passed for the more speedy effecting the Sale of the Mannors of Rectories Gleablands c. Referred to the Lord Major and the Militia of London c. to return the names of such Ministers as refused to observe the Thanksgiving day for the Victory in Scotland Order for the several Committees to tender the Ingagement to the Inhabitants of several Parishes and to return the names of the Subscribers to the Lords Commissioners of the great Seal The like for Stewards of Leets The like for the Lord Major and Militia of London in every Parish to return the Subscribers to the Lords Commissioners Referred to the Lords Commissioners of the Great Seal to call before them all the Judges and to take order with them That none of the Army now in Scotland receive any prejudice in any cause wherein they may be concerned during the next Term and their absence in Scotland Referred to the Councel of State to regulate the several Militias for the best ease and â—afty of the Nation Order touching the Proceedings at Law and how to regulate them with most ease and delay to the People Divers City Regiments and of Middlesex of the trained Bands under M. G. Harrison C. Tichborn and C. Barksted and others to the number of 8000 mustered in Hide Park where the Speaker and Members of Parliament met them and were received with great Shouts and Vollies of great and small Shot 23 Letters that Captain Mildmay took the Roe-buck one of the revolted Ships with 55 men in her That the Ministers about Plymouth pray and preach against the prosperous Successes of the Parliament 24 Letters that the Army with ten days Provision was marched Westward towards Glascow That the King being brought back from his intended Journey Northwards by a Troop of Horse was guarded
contract for Ships and Provisions to be sent to the Plantations in America Order about Monies for Convoyes An Act Passed for easing the Charge of Lords of Mannors and their Bayliffes in passing their Accounts in the Exchequer 6 Letters of some small Prizes brought into Plymouth That the Prince of Orange was dead of the Small Pox. 7 Letters That some Pyrates took three Ships out of Plymouth-Road at Noon-day That thousands came in voluntarily to take the Engagement without any Summons That the Commissioners for charitable uses at Taunton found out great Sums of Money due to the poor Letters That the L. Deputy gave a Defeat to the Enemy in Munster That those in Lymerick refused to Treat for Surrender of the Town and the L. Deputy prepared to build a Fort against it That the L. Ormond hanged some Mass-Priests and thereby lost the Affections of the Irish That C. Cooke fought with the Wickloe-Tories and took prisoner Shurlocke their great Captain That upon the L. Deputies Approach to Athelow they quitted the Town and burnt it and guarded the Pass over the River to the Castle That the Deputy left Sir Charles Coote there and marched to Lymerick and in the way took in several Garrisons That the Plague was much ceased in Ireland 9 Letters Of a London-Ship split upon the Rocks near Dartmouth That the Royal-Party and the Kirk-Party in Scotland were reconciled and all engaged against the English Army 11 Letters That 2000 were daily at work upon the new Fortifications at Leith and when they meet with a Rock they boar holes in it and blow it abroad with Gunpowder That Middleton refusing to come in when the King sent for him was Excommunicated by the Kirk That David Lesley's Army have no mind to fight with Middleton's men That they being upon the King's Interest only have to colour their Pretences set forth a Declaration Entituled A Declaration of the Noblemen in Arms for Vnion in the prosecution of the Cause of God and Relief of the Kingdoms That Middleton and the rest of his Party refused an Act of Indempnity unless they might be admitted as others to Places of Trust which the Kirk and Estates would not permit yet all of them are like to agree That the Scots prisoners taken at the Battel of Dunbar at their first coming to Newcastle got into the Gardens and fed so greedily upon the raw Cabbage that they poysoned their Bodies That 1600 of them died 500 more of them were sick and 900 in health who are set to work there 12 The Committee revived to examine some Complaints made against Ranters An Act committed for turning all Books of Law into English and for all Process and Proceedings in Courts of Justice to be in English The Act committed for the Assessment of 120000 l. per mensem Upon Report from the Councel of State several Votes passed in order for Reparation to the English Merchants who had been injured by the French An Act passed to make Prize of Portugal Ships and Merchandise The Parliament named the Sheriffs for the several Shires of England and Wales for the year enâ—â—ing Five of C. Barkstead's Souldiers rode the wooden Horse in Smithfield and two of them were whipped for attempting to rob in Smithfield and a Trooper condemned to be shot to death for killing his Fellow-Souldier 13 Letters That a Cook of a Ship of Bremen upon what Discontent was unknown did at Lee near Gravesend mix Mercury with the Pottage and poysoned the Master and 11 men being all in the Ship so that they all died within 24 hours after and the Murderer escaped away An Account of Provisions shipping from Pendennis for Ireland 14 An account of many Subscribing the Engagement at Oxon and of setling the Militia there Convoys appointed to be constantly attending upon the Merchants Ships and they required not to send abroad without them An Account of two Ships laden with Provisionâ—â—ent to G. Blake riding before Lisbon Recruits for Ireland who ran away and were retaken one of them was hanged and others did run the Gantelope for abusing some Countreymen and the Court-Martial published some Orders for preventing the like Inconveniences for the future Other Souldiers were punished for erroneous Tenents and scandalous Prophaneness 15 Letters That the E. of Clanrickard took in two or three little Places Garrison'd by the Parliaments Army That the Irish upon an advantage fell upon a party of C. Cookes men and the Dispute lasted many hours between them at length C. Cooke routed the Irish killed three or four hundred of them and took two Colonels prisoners Letters That some Waggoners of the G. with 36 traine Horses were surprized in their Quarters within a Mile of Edenburgh That C. Straughan was inclinable to come in and joyn with the English Army That the Laird of Brady one of the Commissioners that brought the King from Holland into Scotland came from the Court to the Committee of Estates and declared his sorrow for having a hand in that Action That the King removed to Dumferling fearing to be fetcht away by the Royal Party That Middleton was 8000 strong 18 Letters That the Army was quartered in Edenburgh Leith and the Villages 8 miles compass about That there are great Differences Discharge amongst the Scots and the King endeavours to reconcile all 19 Order of Parliament for Discharge of all Sums due for respit of Homage and Fines for Alienation and for all mean Rates c. Referred to a Committee to draw Instructions for the Barons of the Exchequer touching the Poll-Bill c. An Act passed for Regulating the making of Norwich-Stuffs Letters That many came away from Straughan to St. Johns Town and some from David Lesly came to Middleton The G. published a Proclamation That if any of his Souldiers were robbed or killed in the Country he would require restitution and life for life of the Parish where the fact should be committed unless they discovered the Offender 20 Letters of a Ship with Goods bound for Ireland taken by Scilly Pyrates near Minhead That the Princess of Orange was brought to bed of a Son 21 Letters Of Ministers rayling in their Pulpits in several Counties against the Present Government and yet that more than were summoned came in to take the Engagement That the Plague was ceased in Shrewsbury Of two Dutch Ships loaden cast away near Dartmouth Letters That C. Monk with a Party of 1600 was sent to take in Derlington-House a Nest of the Moss-Troopers who killed many Souldiers of the Army That M. G. Lambert came before the House and cast up their Batteries the same night so that their great Guns were ready to play the next Morning by the Break of Day That their great Shot played and the fourth Shot of their Mortar-piece tore the inner Gate beat down the Draw-Bridge into the Moat and killed the Lieutenant of the Moss-Troopers so that they called for Quarter Which would not
and in the same sence are used in the Customary That which puts it further out of scruple is that there are yet extant the Manuscripts themselves of the Saxon Laws made in the Parliamentary Councels held by them here which are in the Language and Character of those times and contain in them many of those things which are in the Norman Customary It is no improbable Opinion that there was a former establishment of our Laws in Normandy before the time of H. 1. and that it was by Edward the Confessor who as all Writers of our History agree was a great Collector and Compiler of our English Laws He lived a long time with his Kinsman Duke William in Normandy who was willing to please the Confessor in hopes to be appointed by him to be his Successor wherein the Dukes expectation did not fail him The Confessor having no Children and finding Normandy without a setled Government and wanting Laws advised with his Kinsman Duke William to receive from him the Laws of England which he had collected and to establish them in Normandy which Duke William and his Lords readily accepted for the Good of their People and thereby obliged the Confessor Another Proof hereof is That such Laws as the Normans had before the time of D. William were different from those in the Customary and from the English Laws As their Law that the Husband should be hanged if the Wife were a Thief and he did not discover it The meaner People were as Slaves and the like and the trial of Theft by Ordeil which then was not in England Wigorniensis reports That the Normans who came in with Queen Emma the Wife of Ethelred were so hated of the English for their Injustice and false Judgment that in the time of King Canutus they were for this cause banished and it is the less probable that they being so unjust themselves should introduce so just Laws as ours are Between the Conquest of Normandy by Rollo and the Invasion of England by Duke William there were not above 160 Years that of Normandy was about An. 912. that of England An. 1060. It is not then consonant to reason That those Normans Pagans a rough Martial People descended from so many barbarous Nations should in the time of 150 Years establish such excellent Laws among themselves and so different from the French Laws among whom they were and all parts in the World except England And such Laws which were not onely fit for their Dukedom and small Territory but fit also for this Kingdom which in those dayes was the second in Europe for antiquity and worth by confession of most Forreign Historians If we will give Credit to their own Authors this Point will be sufficiently evinced by them these words are in the Proheme of the Customary which is titled Descriptio Normanniae Hucusque Normannicae consuetudinis latorem sive datorem Sanctum Edvardum Angliae regem c. The same is witnessed by Chronica Chronicorum That St. Edward King of England gave the Laws to the Normans when he was long harboured there And that he made both the Laws of England and Normandy appears sufficiently by the conformity of them for which he cites several particulars as of Appeals and the Custom of England ad probandum aliquid per credentiam duodecem hominum Vicinorum which he sayeth remained in Normandy to that day Polydore forgetting himself what he wrote in another place sayeth of King Henry the Seventh That when a doubt was made upon the Proposal of Marriage of his Daughter to Scotland that thereby England night in time be subject unto Scotland The King answered No and that England as the greater will draw it to Scotland being the less and incorporate it to the Laws of England as sayeth the Historian it did Normandy though the Owner thereof was Conquere in England And Sir Roger Owen in his Manuscript affirms That there is not any of our Historians that lived in the space of 200 Years immediately after the Conquest which doth describe our Laws to be taken away and the Norman Custome introduced by the Conquerour Some of them and not improbably mention the alteration of some part of them and the bringing in some Norman Customes effectual for the keeping of the Peace There is yet behind the great Argument most insisted on and often urged by the Gentlemen of another Opinion which is the Title of William who is called the Conquerour from whence they conclude That by his Conquest he changed the Laws and Government of this Nation and that his Successors reckon the beginning of their Reigns from his Conquest To this is answered that â posse ad esse non valet argumentum the conquering of the Land is one thing the introducing of new Laws is another thing but there is direct Proof to the contrary of this Argument Duke William never surnamed himself the Conquerour nor was so called in his life time as may appear by all the Letters Patents and Deeds that he made wherein he is called Gulielmus Rex Dux c. never Conquestor and our antient Historians give him the same Titles and not that of Conquerour In the Title of Nubrigensis's Book he is surnamed William the Bastard Malmsbury calls him W. 1. Hoveden W. the Elder Adam de Monmouth sayeth That 1. E. 3. this word Conquest was found out to denote and distinguish the certain Edward because two of the same name were Predecessors to this King and to the Conquerour who claimed the Crown as Heir to Edward the Confessor but saith he we call him the Conquerour for that he overcame Harold Duke William himself claimed to be King of England as Successor and adopted Heir of the Confessor by his Will and Harolds renouncing of his Title by Oath The Register of St. Albans Math. Paris and others attest that the Barons of England did homage to him as Successor and he relyed on them in his Forreign Wars and the check given to him by the Kentish men and the Forces gathered by the Abbot of St. Albans brought him to ingage to confirm the Laws of the Confessor and as his Successor by legal right they admitted him to be their King Volaterus writes That he was made Heir to the Confessor and was Vncle to him Another affirms That Edward by his Will left England to him Paulus Aemilius and Fulgasius are to the same purpose Pope Alexander the Second sent him a Banner as witness that with a safe Conscience he mighe expel Harold the Tyrant because the Crown was due to him by the Confessors Will and by Harolds Oath Agreeable hereunto are Gemiticensis Walsingham Malmsbury Huntington Ingulphus Paris Pike Wendover Caxton Gisborn and others The antient Deeds of the Abby of Westminster which were sometimes in my Custody do prove this King William in his Charter to them sets forth his own Title to the Crown thus Beneficio Concessionis Cognati mei gloriosi Regis Edvardi In his
the sickness of the General From Waterford That the Army fell upon the Rebels beyond the Shannon did some execution upon them and brought away some booty That they rejoyced to hear that the Parliament had sent a Fleet towards Dunkirk to keep in the Duke of Lorrains Fleet if they should attempt any thing upon Ireland That Prince Rupert was gone to Sea with 5 Ships and 2 Fire-ships That 2 French Ships laden with Silk were taken by the English 27. The Parliament sent a Message to the General to desire him to retire for his health to some convenient place in England for the fresh Air and to intrust the Army in the mean time in such hands as he should think fit The Parliament discharged all Recognizances Fines and Amercements and Process upon them untill 30 Jan. 1648. That the General being Sick of an Ague the Officers of the Army provided to march without him That several Ships were arrived at Lieth with Provisions for Men and Horse That Prince Edward was summoned to appear at the Hague to answer his misdemeanor against the English Ambassadors That the 6 Gentlemen of the English Ambassadors who where taken Prisoners by Collonel Hatter the Lorreiner were carried by him to the Spaw to drink the waters there with him and there a Gentleman who had received civilities in England looking earnestly upon them imagined that they were gentle-men in some distress inquiring of them was told all the story of their being surprised by Collonel Hatter upon which the Gentleman raised the Town and rescued the English Gentlemen from the Collonel and brought them from thence in liberty to Lymburgh That there the English Gentlemen bragging of their good fortune and that now they should save 1200 l which they had promised to pay to Collonel Hatter for their ransom This coming to the Ear of the Governour of Lymburgh he kept the English Gentlemen in restraint and told them That seeing they had ingaged to pay 1200 l to Collonel Hatter for their ransom and that now they were fallen into his power in Lymburg that they should pay the same Summ to him which they should have paid to Collonel Hatter That the States sent to the PrincessRoyal to the Duke of York and to the Queen of Bohemia to desire them that none of their trains might be suffered to offer any affront to any of the English Ambassadors company whom the States had taken into their Protection and would not regard any great Person that should affront them That they all promised to conform to the States desire That they caused a new Court of Guard to be built at the English Ambassadors door That they visited the Spanish Ambassador who had been very courteous to them by their desire had written to the Governour of Lymburgh who was under the Spanish Jurisdiction to set free the Ambassadors Gentlemen in his power without any Ransom That the Dutch inquired much after the Affairs in Scotland and seemed inclinable to a good Correspondence with England 29. An account of Recruits for Ireland That the Scots Foot were very poor in Cloaths and both Men and Horse in great want of Provisions 30. Letters That the Earl of Derby was victualling and furnishing his Castles in the Isle of Man Letters That the Enemy took some Cows from the Garrison of Charlemont which the Lord Caufield having notice off lay in the way and met them in their return killed about 30 of them and took 120 Arms and brought away the Cows That another party of the Enemy came into the English quarters who routed them and took divers of them That the Foot at Scilly entred at St. Maries Island and that those in the Castle were in great want of water 31. Letters That the Country between Edenburgh and Dunbar was full of excellent Corn. That there were many Ships come into Lieth with Provisions A Soldier shot to death for killing his fellow Soldier in a Duel June 1651. 2. The Parliament ordered 2 Physicians Dr. Wright and Dr. Bates to go into Scotland to attend the General and to take care of his health they being his usual Physicians in London and well esteemed by him they were by this time come to Edenburgh 3. Letters of several incounters with the Rebels in Ireland who in all conflicts were worsted by the Parliaments Forces 4. That the Scots lay still in their Quarters onely sometimes by parties they fell into the quarters of the Parliaments Forces neer them but were as often repulsed as they made any Attempt 5. Debates in Parliament and several Orders for Mony and Recruits for the Armies in Scotland and Ireland 6. An account of Recruits marching and of some Shipped for Ireland and others sent by land for Scotland 7. Account of Prizes taken by the Parliaments Ships 9. Letters of the General his good recovery of Health again and that the Doctors were returned from him Of a Ship loaden with Oats taken from the Scots That the Malignants with the King did some of them cause the Soldiers to plunder some of the Presbyterians by whom they had formerly Suffered That Major-General Massy had found out new inventions of fire works and Engines of War That Major-General Harison was advanced with his Brigade to the furthest part of Cumberland That the Enemy took all the Horses and 20 Men of Captain Wrights Troop the Horses being at Grass That some of the Duke of Lorraines Forces were come down about Dunkirk but retired upon the coming of General Popham thither That the Parliaments Ships chased and forced 3 Dunkerkers to run on Shoar Letters from the General acknowledging the favour of the Parliament in sending the Doctors to him and giving him leave to come into England for his health That he hath unexpectedly been restored to Health by the goodness of God 10. Letters That the Assembly of the States was adjourned for a week and that they thought the propositions made by the English Ambassadors to be too much for them to consent unto That Holland is more inclinable to an agreement with the Ambassadors than the other Provinces are That fair words are given and now and then a visit to the Ambassadors by some of the Deputies who are not gone Home That the rest are jealous of Amsterdam as if they designed to make themselves like Venice to domineer over all the other Towns 11. Letters That upon intelligence of a great party of the Enemy drawn out upon design to fall upon the English Garrison at Hamilton the General sent Collonel Whaley with 8 Regiments of Horse to bring off the Garrison which he did and slighted the House That Major-General Massy was making of Leather Ordnance and Fire-works for the Scots Soldiers to carry on the top of their Pikes to slaughter his own Country Men. That the Scots Parliament have nulled the Act of Classis whereby all Hamiltons and Montrosses party may be of all Parliaments and Judicatories
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
to Ayre were received of the Garrison of the Castle of Arran upon conditions That Ships were come to Leith with Provisions and horse meat A Petition of the Eastland Merchants residing at Dantzicke submitting and commending the late Act of Navigation which they do pray may be observed and remedy of abuses in their Trade Votes That all Wools brought into England shall be Excise-free That an Act be brought in to prevent the Exportation of Scotch Wools Woolfells or Leather Referred to the Councel of State to consider and prepare an Act touching the Adventurers for Ireland and the qualifications touching Ireland formerly read in Parliament and that they be impowred to transport such of the Irish as they shall think fit into Forrein parts and about Transplanting of the Irish from one part of the Nation to another And to consider of Satisfaction to such Officers and Soldiers as shall be disbanded in Ireland Letters of the Surrender of Galloway to the Parliaments Forces with a Copy of the Articles and several Letters between the Parliaments Commissioners and Sir Charles Coot in Ireland about that Business referred to the Councel of State Vote That the Committee for the Universities and the Committee of Indemnity do sit no more and the House appointed a day to consider of filling the House with new Members 23. Letters That the Isle of Arran in Scotland and Duke Hamiltons House the Castle there was upon Summons Surrendred to the Parliaments Forces the Island is 8 miles over and 24 miles in Length and those in the Castle told the Commander of the Parliaments Forces that if they could have kept the Castle against him they would not have Surrendred it but being they could not defend it that he and his Soldiers were welcome to it That the Inhabitants shewed much distast to Argyle but the Civil Carriage of the Parliaments Soldiers did much ingage them 24. Letters of several Ships come into Leith Road loaden with Hay and others with Merchandize That the Ship which brought the Money for the Army lost her â—udder at Yarmouth Road and so was hindered of her Voyage That Argyle was preparing of Forces and yet gave good words to the English Commissioners That great depredations were committed by the Highlanders That the Chancellour sought to come in and the Ministers in the West were busie in designing against England That Sir George Ascue had taken in the Barbadoes the Letters from him with the Articles read in Parliament and the Messenger had 100 l. given him by the House Debate upon Regulating of the prizes of Wine 26. Letters That Sir George Ascue landed but 200 at first under Captain Morris who beat up one of the Enemies Quarters and took from them a little Fort with 4 Guns which they spiked up without any Loss That the Virginia-Fleet came in thither but very weak and their Men sick yet Sir George took the advantage of the appearance of that Fleet and sent a new Summons to the Lord Willoughby But he refusing to submit Sir George modelled 400 into a Regiment and landed them at night and were gallantly received by the Lord Willoughbyes men but being night they thought the Assaylants more than they were and the Seamen with great Shouts running upon the Enemy they were so amazed that after a short dispute they all ran away Leaving a place where in a manner they were intrenched and 4 great Guns That this party thus routed were 1200 Foot and a Troop of Horse and Sir George lost but 7 or 8 men whereof one was Lieutenant-Collonel Allen of the Enemy were 100 Slain and 80 Prisoners The success was nothing towards the gaining of the whole Island the Enemy having then about 5000 Horse and Foot in Arms. That the Virginia-Fleet after 7 days went away and then Sir George upon Information of Collonels Muddifords interests in the Island and Affections to the Parliament Sir George sent to him and his Friends by giving them honourable Conditions and he joined with Sir George and made up 2000 Foot and 100 Horse That the People came in hourly to Sir George who went on Shoar to Collonel Muddiford and his Company and gave them full satisfaction of his Commission and the Parliaments intentions whereupon they engaged to live and dye with the Parliament That the Lord Willoughby understanding this marched up to them with all the Force he could make and one of Sir George his great Guns Shot in at the Door where the Lord Willoughby and his Councel of War were and carried away the Sentinels head That this night the Enemy marched 2 Miles from Sir George his men who had many designs but were hindred by the Rains for 3 or 4 daies together and before they could March the Lord Willoughby sent for a Treaty and in regard his strength was much the greater and to avoid the destruction of that goodly Island which was already much wasted Sir George sent his Commissioners to meet with the Lord Willoughbys Commissioners and they agreed upon Articles and it was surrendred to the Parliament The truth was that the Lord Willoughby was forced to this surrender knowing that his men would not stand to him but dayly did desert him and most of the Islanders took in with C. Muddiford against my Lord. Letters that the Frigot with the Mony was safely arrived at Leith narrowly escaping the Sands on which she struck six times upon the Coast of Yarmouth but was delivered by the breaking of her Rudder That Argyle and his Clans agreed to oppose the Parliament of England and that he had gotten 10000 Arms. That the Kirk began to piece again but the People were inclinable to the Union 27. Votes touching the payment of Debts upon publick Faith Referred to a Committee to consider how the Poor may be set to work and relieved and not suffered to beg and to review all the Acts touching the Poor and report the defects of them and to receive Proposals for the City of London or others touching the Poor An Act passed for the further ease and relief of poor Prisoners for Debt Letters That the Scots King was ingaged in mediating a Peace between the King of France and the Princes wherein he alledged his own condition and that of his Father and the King of France thanked him for his good Intentions and desired him to make the like Proposals to the Princes Which the Scots King did but the King of France refused to put away the Cardinal who offered to go away rather than to be a cause of continuing the miseries of France that the Princes doubled their Guards and the People were enraged against Cardinal Mazarini 29. Letters of the reducing of the Barbadoes to the same effect as before The Revolt of Collonel Muddiford and Letters from my Lady Willoughby to my Lord her Husband that the Kings Forces were defeated at Worcester and of the condition of the Affairs in England with her advice
Common-wealth and there are enough besides me that can testifie it and I believe our Ingagements for this Common-wealth have been and are as deep as most mens and there never was more need of advice and solid hearty Counsel than the present State of our Affairs doth require Whitelock I suppose no man will mention his particular ingagement in this cause at the same time when your Excellencies ingagement is remembred yet to my capacity and in my station few men have ingaged further than I have done and that besides the goodness of your own nature and personal knowledge of me will keep you from any jealousie of my Faithfulness Cromwel I wish there were no more ground of Suspition of others than of you I can trust you with my life and the most secret matters relating to our business and to that end I have now desired a little private discourse with you and really My Lord there is very great cause for us to consider the dangerous condition we are all in and how to make good our station to improve the Mercies and Successes which God hath given us and not to be fooled out of them again nor to be broken in pieces by our particular jarrings and animosities one against another but to unite our Councels and hands and hearts to make good what we have so dearly bought with so much hazard blood and treasure and that the Lord having given us an entire Conquest over our Enemies we should not now hazard all again by our private Janglings and bring those Mischiefs upon our selves which our Enemies could never do Whitelock My Lord I look upon our present danger as greater than ever it was in the Field and as your Excellency truly observes our Proneness to destroy our Selves when our Enemies could not do it It is no strange thing for a gallant Army as yours is after full conquest of their Enemies to grow into Factions and Ambitious designs and it is a wonder to me that they are not in high Mutinies their Spirits being active and few thinking their services to be duely rewarded and the emulation of the Officers breaking out daily more and more in this time of their vacancy from their imployment besides the private Soldiers it may be feared will in this time of their Idleness grow into disorder and it is your excellent Conduct which under God hath kept them so long in discipline and free from Mutinies Cromwell I have used and shall use the utmost of my poor endeavours to keep them all in order and obedience Whitelock Your Excellency hath done it hitherto even to admiration Cromwell Truly God hath blest me in it exceedingly and I hope will do so still Your Lordship hath observed most truly the inclinations of the Officers of the Army to particular Factions and to murmurings that they are not rewarded according to their deserts that others who have adventured least have gained most and they have neither profit nor preferment nor place in government which others hold who have undergone no hardships nor hazards for the Common-wealth and herein they have too much of truth yet their insolency is very great and their influence upon the private Soldiers works them to the like discontents and murmurings Then as for the Members of Parliament the Army begins to have a strange distast against them and I wish there were not too much cause for it and really their pride and ambition and self-seeking ingrossing all places of honour and profit to themselves and their Friends and their daily breaking forth into new and violent parties and factions Their delays of Business and design to perpetuate themselves and to continue the power in their own hands their medling in private matters between party and party contrary to the institution of Parliaments and their injustice and partiality in those matters and the Scandalous Lives of some of the chief of them these things My Lord do give too much ground for people to open their mouthes against them and to dislike them Nor can they be kept within the bounds of Justice and Law or Reason they themselves being the supream Power of the Nation lyable to no account to any nor to be controuled or regulated by any other power there being none superior or coordinate with them So that unless there be some Authority and Power so full and so high as to restrain and keep things in better order and that may be a check to these exorbitancies it will be impossible in humane reason to prevent our ruine Whitelock I confess the danger we are in by these extravagancies and inordinate powers is more than I doubt is generally apprehended yet as to that part of it which concerns the Soldiery your Excellencies power and Commission is sufficient already to restrain and keep them in their due obedience and blessed be God you have done it hitherto and I doubt not but by your wisedome you will be able still to do it As to the Members of Parliament I confess the greatest difficulty lies there your Commission being from them and they being acknowledged the Supream Power of the Nation subject to no controls nor allowing any appeal from them Yet I am sure your Excellency will not look upon them as generally depraved too many of them are much to blame in those things you have mentioned and many unfit things have passed among them but I hope well of the Major part of them when great matters come to a decision Cromwell My Lord there is little hopes of a good settlement to be made by them really there is not but a great deal of fear that they will destroy again what the Lord hath done gratiously for them and us we all forget God and God will forget us and give us up to confusion and these men will help it on if they be suffered to proceed in their wayes some course must be thought on to curb and restrain them or we shall be ruined by them Whitelock We our selves have acknowledged them the Supream power and taken our Commissions and Authority in the highest concernments from them and how to restrain and curb them after this it will be hard to find out a way for it Cromwell What if a man should take upon him to be King Whitelock I think that remedy would be worse than the disease Cromwell Why do you think so Whitelock As to your own person the Title of King would be of no advantage because you have the full Kingly power in you already concerning the Militia as you are General As to the nomination of Civil Officers those whom you think fittest are seldom refused and although you have no negative Vote in the passing of Laws yet what you dislike will not easily be carried and the Taxes are already setled and in your Power to dispose the money raised And as to Forrain Affairs though the Ceremonial Application be made to the Parliament yet the expectation of good or bad Success in it is from
your Excellency and particular Sollicitations of Forreign Ministers are made to you only So that I apprehend indeed less Envy and Danger and Pomp but not less power and real opportunities of doing good in your being General than would be if you had Assumed the Title of King Cromwell I have heard some of your Profession observe that he who is actually King whether by Election or by descent yet being once King all Asts done by him as King are lawful and justifiable as by any King who hath the Crown by Inheritance from his Fore-Fathers and that by an Act of Parliament in H. 7. time It is safer for those who act under a King be his Title what it will than for those who act under any other power And surely the power of a King is so great and high and so universally understood and reverenced by the People of this Nation that the Title of it might not only Indemnifie in a great Measure those that Act under it But likewise be of great use and advantage in such times as these to curb the Insolencies of those whom the present powers cannot Controul or at least are the persons themselves who are thus insolent Whitelock I agree in the general what you are pleased to observe as to this Title of King but whether for your Excellency to take this Title upon you as things now are will be for the good and advantage either of your self and Friends or of the Common-wealth I do very much doubt notwithstanding that Act of Parliament 11 H. 7. which will be little regarded or observed to us by our Enemies if they should come to get the upper hand of us Cromwel What do you apprehend would be the danger of taking this Title Whitelock The danger I think would be this one of the main points of Controversie betwixt us and our Adversaries is whether the Government of this Nation shall be established in Monarchy or in a Free State or Common-wealth and most of our Friends have engaged with us upon the hopes of having the Government setled in a Free-State and to effect that have undergone all their hazards and difficulties They being persuaded though I think much mistaken that under the Government of a Common-wealth they shall enjoy more Liberty and Right both as to their Spiritual and Civil concernments than they shall under Monarchy the pressures and dislike whereof are so fresh in their Memories and Sufferings Now if your Excellency shall take upon you the Title of King this State of your Cause will be thereby wholly determined and Monarchy established in your Person and the question will be no more whether our Government shall be by a Monarch or by a Free-State but whether Cromwell or Stuart shall be our King and Monarch And that question wherein before so great parties of the Nation were ingaged and which was Vniversal will by this means become in Effect a private Controversie only before it was National What kind of Government we should have now it will become particular Who shall be our Governour whether of the Family of the Stuarts or of the Family of the Cromwells Thus the State of our Controversie being totally changed all those who were for a Common-wealth and they are a very great and considerable Party having their hopes therein frustrate will desert you your hands will be weakned your Interest streightned and your Cause in apparent danger to be ruined Cromwell I confess you speak reason in this but what other thing can you propound that may obviate the present dangers and difficulties wherein we are all Ingaged Whitelock It will be the greatest difficulty to find out such an Expedient I have had many things in my private thoughts upon this Business some of which perhaps are not fit or safe for me to Communicate Cromwel I pray my Lord what are they you may trust me with them there shall no prejudice come to you by any private discourse betwixt us I shall never betray my Friend you may be as free with me as with your own Heart and shall never suffer by it Whitelock I make no scruple to put my Life and Fortune in your Excellencies hand and so I shall if I impart these Fancies to you which are weak and perhaps may prove offensive to your Excellency therefore my best way will be to smother them Cromwell Nay I prethee my Lord Whitelock let me know them be they what they will they cannot be offensive to me but I shall take it kindly from you Therefore I pray do not conceal those thoughts of yours from your faithful Friend Whitelock Your Excellency honours me with a Title far above me and since you are pleased to command it I shall discover to you my thoughts herein and humbly desire you not to take in ill part what I shal say to you Cromwell Indeed I shall not but I shall take it as I said very kindly from you Whitelock Give me leave then first to consider your Excellencies condition You are environed with secret Enemies upon your subduing of the publâ—ck Enemy the Officers of your Army account themselves all Victors and to have had an equal share in the Conquest with you The Success which God hath given us hath not a little elated their minds and many of them are busie and of Turbulent Spirits and are not without their designs how they may dismount your Excellency and some of themselves get up into the Saddle how they may bring you down and set up themselves They want not Counsel and Incouragement herein it may be from some Members of the Parliament who may be jealous of your power and greatness lest you should grow too high for them and in time over-master them and they will Plot to bring you down first or to Clip your Wings Cromwell I thank you that you so fully consider my Condition it is a Testimony of your love to me and care of me and you have rightly considered it and I may say without vanity that in my condition yours is involved and all our Friends and those that Plot my ruine will hardly bear your continuance in any Condition worthy of you Besides this the Cause it self may possibly receive some disadvantage by the struglings and contentions among our Selves But what Sir are your thoughts for prevention of those Mischiefs that hang over our Heads Whitelock Pardon me Sir in the next place a little to consider the Condition of the King of Scots This Prince being now by your Valour and the Success which God hath given to the Parliament and to the Army under your Command reduced to a very low Condition both he and all about him cannot but be very inclinable to harken to any Terms whereby their lost hopes may be revived of his being restored to the Crown and they to their Fortunes and Native Countrey By a private Treaty with him you may secure your self and your Friends and their Fortunes you may make your self and your
Posterity as great and permanent to all humane probability as ever any Subject was and provide for your Friends You may put such Limits to Monarchical Power as will secure our Spiritual and Civil Liberties and you may secure the Cause in which we are all ingaged and this may be effectually done by having the power of the Militia continued in your self and whom you shall agree upon after you I propound therefore for your Excellency to send to the King of Scots and to have a private Treaty with him for this purpose and I beseech you to pardon what I have said upon the occasion It is out of my Affection and Service to your Excellency and to all honest Men and I humbly pray you not to have any Jealousie thereupon of my approved Faithfulness to your Excellency and to this Common-wealth Cromwell I have not I assure you the least distrust of your Faithfulness and Friendship to me and to the Cause of this Common-wealth and I think you have much reason for what you propound but it is a Matter of so high importance and difficulty that it deserves more time of Consideration and debate than is at present allowed us We shall therefore take a further time to discotuse of it With this the General brake off and went to other Company and so into Whitehall seeming by his Countenance and Carriage displeased with what hath been said yet he never objected it against Whitelock in any publick meeting afterwards Only his Carriage towards him from that time was altered and his advising with him not so frequent and intimate as before and it was not long after that he found an Occasion by an honourable Imployment to send him out of the way as some of his nearest Relations particularly his Daughter Cleypoole confessed that he might be no obstacle or impedimemt to his ambitious designs as may appear by the process of this story December 1652. About the beginning of this Month General Blake himself was Ingaged with the whole Fleet of the Dutch but having great disadvantage in the numbers and the wind not favouring him tho his Squadron Fought very gallantly and did much harm to the Dutch yet he came off with the loss of the Garland and Bonaventure two good Ships and some other of less Force Many Letters and Intelligences came of further Successes in Scotland by the Forces under General Monk in the Highlands Others of several Prizes taken by the Parliaments Ships from the Dutch and of losses of some English Ships taken by the Dutch and Transporting some Irish to the Service of the King of Spain The Parliament were very busie in debate of several Acts of Parliament under Consideration but very little was brought to effect by them The Soldiers grumbled at their delayes and there began to be ill blood between them The General and his Officers pressed the putting a Period to their Sitting which they promised to do but were slow in that business January 1652. The Preparations for the Navy and the War at Sea with the Dutch went on with great Vigor and the Parliament were quick in it and referred it to the Councel of State to take care of it And they were diligent in their Business and cautious to have money in readiness for it and to settle Amities with Forreign Princes and such Correspondences that there might be the less Assistance to their Enemies or joyning with them Intelligences came of the continuance of their Success in Scotland and of the peacable condition of their Affairs in Ireland The Kings of France and of Spain and the Queen of Sweden sent hither their Ambassadors and publick Ministers to treat for the Settling of Leagues and Trade Upon a Report from them the Parliament passed several resolutions for the Encouragement of Seamen in their Service As for advancement of some to Pay to them before-hand and to leave some subsistance to their Families during their Absence That for every Ship taken which should be adjudged good Prize they should have 40 s. per Tun and 6 l. for every piece of Cannon taken or found in the Prize Ships to be equally distributed according to their Qualities and that they should have 10 l. for every Cannon which should be taken abord of any Ship which they should sink or Fire That whoever should inroll themselves within 40 dayes in the Parliaments Service should as a gratuity receive a Moneths pay not to be passed to account That Hospitals should be erected at Dover Deal and Sandwich for Sick and wounded Sea men brought on Shoar and a stock settled for Maintenance of them and of other Sick and wounded Men who by reason of their Diseases and Wounds could not be brought on Shoar These and other Encouragements caused the Seamen to come Flocking into the Service of the Parliament and although the Hollanders had prohibited the Importing of Pitch Tar Hemp and other Materials of Navigation by any Nation whatsoever into England a Placard of sufficient Insolency yet the Councel of State had provided sufficient stores and had prepared and equipped a Gallant Navy In the Levant Captain Bodely coming from Port-Longone to the relief of Captain Appleton who was blockt up in the Mole of Legorn the Dutch there set upon Bodely and destroyed two or three of his Ships February 1652. The Parliaments Fleet at Sea had great Success this Moneth in a Fight with the Dutch between Portland and the Isle of Wight about the Twentieth of this Moneth In which Battle both the Officers Mariners and Soldiers of both parties behaved themselves with great Courage and Gallantry But it pleased God so to favour the English That after a sharp and bloody Fight the Dutch were wholly routed and overcome and had a sore and terrible loss both of their Ships and Men the English lost likewise many Men but came off with a very great Victory Several Letters also came of the Successes of the Army in Scotland and the submission of more of the Irish Rebels All these passages conduced to the raising up not only of the Reputation but with it of the Spirits and Ambition of Cromwell and the Officers of the Army And they now began to assume to themselves all the Honour of the past Actions and of the Conquests by them atchieved scarce owning the Parliament and their assistance and Provision for them but taxing and censuring the Members of Parliament for Injustice and delay of Business and for seeking to prolong their Power and promote their private Interest and to satisfie their own Ambition With these and many others the like Censures they endeavoured to Calumniate the Parliament Judge them guilty of those Crimes whereof themselves were faulty not looking into their own Actions nor perceiving their own defaults yet censuring the Actions and proceedings of the Parliament very opprobriously March 1652. The drift of Cromwell and his Officers was to put an end
to this Parliament which many wondred at and sought to disswade him from upon all opportunities as far as was thought convenient and that they might not appear desirous to continue their own power and sitting in Parliament whereof they had Cause to be sufficiently weary Neither could it clearly be foreseen that their design was to rout the present Power and so set up themselves against the which they were advised as pulling down the Foundation of their own Interest and Power and the way to weaken themselves and hazard both their cause and Persons Yet still they seemed zealous upon their common Pretences of Right and Justice and publick Liberty to put a period to this Parliament and that if the Parliament would not shortly do it themselves that then the Soldiers must do it Some who earnestly declared their Judgment against this as the most dangerous and most ungrateful thing that could be practised by this freedom gained no favour with Cromwell and his Officers But there wanted not some Parliament Men perhaps to flatter with them who soothed them in this unhandsome design and were complotting with them to ruine themselves as by the consequence will appear Letters of Dutch Free-booters and French Pickeroons infesting the Coast and that in Brittain they were building new Ships of War to infest the English That Prince Rupert with 3 Ships only was come into Nantes that he could give no account of his Brother and his Ships which were seperated from him by a Hurricane in the Indies and he believed they were cast away From Legorn that the Duke by the instigation of the Dutch demanded restitution of the Phaenix recovered by a bold adventure of the English and the Duke sent to Captain Bodiley that he having refused to restore the Phaenix to the Dutch it was his Highnesses pleasure that all the English Ships should depart the Port within 10 dayes and Bodiley prepared to depart accordingly That the Dutch Admiral sent a Protest on shoar by 4 of his Captains that if his Highness would not restore the Phaenix they would fall upon the English Ships in the Mole and they warned other Ships to withdraw Thereupon the Dutch were commanded to retire out of Shot of the Castles and their Consul on Shoar was sequestred a guard put upon his House and all the Dutch clapt into hold 22. An Act passed for continuing the imposition upon Coals towards the building and maintaining of Ships Another passed for Continuance of the Customs Instructions debated in the House for the Lord Viscount Lisle to go Ambassador extraordinary from the Parliament of the Common-wealth of England to the Queen of Sweden The Speaker acquainted the House that he received Letters from the States of Holland and West Friezland the House referred to some of their Members to examine the Messenger and appointed a day for debate of the Letters The Fairfax Frigot of 50 Guns was in Chatham burned by accident of a Candle or snuff of Tobacco A Proclamation was published in St. Maloes that no eatable Provisions nor Pitch Tarr or Cordage should be exported on forfeiture of the Vessels and Goods From Edenburgh that some Clans in the High-lands had meetings and rendezvous and that they have meetings in the Low-lands and that the general Assembly and the Remonstrators or dissenting Brethren meet in several places and carry on a different Interest That Commissary Grey and others of the High-land Party were taken by the Parliaments Army From the Hague the Victory is now confest to be of the English side in the late Ingagement at Sea they having seen the names of their Ships that are lost and finding their Hospitals crowded with Sea-men and the number of them aboard Lessened That they wonder at the sudden and great preparations of the English Fleets and are discontented that their trade is gone that in a late mutiny about pressing of Seamen there 30 were killed That the States told the People that some were coming from England to offer terms of Peace That the States had sent a Letter to the Parliament lamenting the bloodshed of Protestants by this unhappy difference and how much better it would be to have an Vnion and Amity Upon the Debate of the Letter from the States the Parliament referred it to the Councel of State to prepare an answer to it From Edenburgh that the dissenting brethren have ordered some particulars concerning Kirk Affairs as for the more orderly and frequent Administration of the Sacrament and excluding of prophane Persons from it From Jersey that in a Fight at Sea between an Ostender and a Barque of Jersey she was taken by the Ostender and they were met with by a Parliament Frigot who brought them both into England From Weymouth That since the last Northerly Winds the Fisher-men fish nothing but Ship-wrack and dead men and that the French are unwilling to believe that the English did beat the Dutch in the late Ingagement That the French Rovers and the Dutch do much harm upon the English Coast Letters from the Officers and Soldiers at Edenburgh in answer to some Letters from the Army in England wherein they all agree to join for the reformation of things amiss and that Justice and liberty may have a free passage This was but in effect a proceeding in their contrivances to pull down the Parliament and to set up themselves A Letter passed in the House in answer to the Letter from the States and setting forth the Parliaments readiness as formerly to have prevented these Wars and to prosecute a fit way to close up the same and to settle amity peace and a mutual confidence between the 2 Nations Of discontents among the Dutch missing many thousands of their Friends since the late Ingagement but the Lords tell them that the men are safe in the Ports of France that they threaten to block up the Thames That they cry up the King of Scots Interest and that he hath offered to serve them at Sea in Person but that Holland will yet give no ear to it That they murmur at a new Tax and some refuse to pay it of 2 Dutch Ships taken Prize Of 3 Declarations of the Scots Presbytery publish'd 1. Against the Malignant Assembly for espousing the Kings Interest 2. Against the English for breach of Covenant and Toleration of Sects 3. Against the new Scots Dippers Particulars of the Fight in the Streights between the Dutch and Captain Bodeley That the Bonadventure one of his Ships was blown up and all her men lost but seven That the Sampson an other of his Ships was laid on board on one side by a Dutch man of War and fired on the other side by one of their Fireships but most of her men hoped to be saved by getting aboard the Mary that other of their Ships 3 in number were taken by the Dutch That 6 great men of War were sent from the Texel to lye
from us making all the Sayl they could with the remainder of the Fleet being not above Sixty left of their whole number So far as I could discern there cannot be less than Thirty or Fourty sunk taken and destroyed we are now in pursuit of them some of our best Sayling Frigots being almost up with them and our expectations still are great The Enemy had Nine Flag Ships when we first Ingaged and now but one left some of them I know are sunk In this Ingagement we had but Two Ships of ours fired by them One of them is the Oak her Men were saved most of them the other had not any of her men saved The Worcester Frigot took the Garland which had been formerly taken from us by the Dutch but our Men were forced to fire her Trumps Flag was shot down in the Morning and could not be made stand all the day after The Parliament spent a day in their House in praising God for this great Mercy and praying for a right improving of it 4. Letters from General Monck aboard the Fleet to the Parliament of this Fight to the same effect with the former 5. A Petition from Kent to the Parliament for taking off the Tythes and the Speaker told them the House was satisfied of their good affection to the Parliament and for the matter of their Petition part of it was under consideration and that the Parliament would do as the Lord should direct them After a long debate of this day and yesterday the House Voted That the Court of Chancery should be taken away and the Committee of the Law to bring in an Act accordingly and an other for the Causes now depending and for future relief in Equity Whereas the Parliament appointed a Committee to consider of such Petitions as are directed to the Parliament and to Present such of them only to the Parliament as are proper to the Legislative power or not relievable elsewhere and to examin Witnesses upon Oath if they shall see cause and state the matter of Fact and Report to the Parliament and their Opinions touching Oaths for the Persons unjustly molested And this Committee having in their hands about Two Hundred and Fourty Petitions which according to the said Order they are to consider of and examin They resolved to receive no more Petitions for one Month except for lives or publick concernment whereof all are to take Notice and not to put themselves to unnecessary attendance Several Murderers condemned by the High Court of Justice in Ireland That the Enemy there was so wholly vanquished that not a Tory or a Wood-Kern was to be met with That a great part of the Army there was reduced Eleven Regiments of Foot and Four Regiments of Horse besides all new Regimented Troopers and Foot Companies all of them reduced being Five Thousand Foot and Three Thousand Horse A special regard taken of all the Field Officers and other Officers That the Accounts of the Army were audited and care taken for the satisfaction of all and to give them possession of Lands for their Arrears 6. That Seven Thousand Tories were marching to the Sea side in order to their Transportation for Spain That an English Merchant Ship by storm and Fog fell in among Eight Dutch Ships yet got away from all to Plymouth Letters of the Highlanders plundering the Low-lands and taking some Horses That Captain Drew broughr in Three Dutch Prizes their Scout Vessels sent to give advice to their East India Fleet to put in at Norway or the Sound because the English had a strong Guard upon the Northern Coast Letters from General Monck and Vice Admiral Pen of the late success against the Dutch to the same effect with the former and that we had sunk Thirty of the Enemies men of War taken One Thousand Prisoners whereof Vice Admiral Everson one of their most Valiant and best Sea men was one That we lost Two Hundred and Fifty Men slain and Seven Hundred wounded Captains of ours slain were Graves Cox Chapman and Peacock and Captains wounded were Stokes Seaman Rouse Holland and Cubi and that the Enemies loss is by conjecture about Three Thousand 8. The Commissioners for Administration of Justice in Scotland published a Proclamation for reviving some antient Laws and for prevention of the Exorbitancies of broken Highlanders Borderers and such as disturb the peace Order for a Day of Thanksgiving for the late good success at Sea with a Narrative to be publickly read Order for several Gold Chains to be given from the Parliament to General Blake General Monck Vice Admiral Pen and Rear Admiral Lawson and to the Four Flag Officers and immediatly to be bestowed among the Officers of the Fleet as Marks of the Parliaments Favour and good Acceptance of their service An additional Act passed for Stating and Determining the Accounts of the Officers and Soldiers in Ireland Much Debate upon the Act for Marriages and the Registring thereof and of Births and Burials That a private man of War of Scilly took a a Prize which was again taken from him by Two Dutch men of War and retaken again by the President Frigot That the Dutch have gotten again about One Hundred and Fourty Sayl of Ships besides Fire-ships That Three of their States are to go in the Fleet and advise and they have proposed a Reward to those who shall take any of the Three English Admirals and the benefit of their Ships That Tumults were amongst them but pacified Great Guns were heard off at Sea 10. Two of the Dutch Deputies to the Parliament went away upon the news of the late Victory Upon the Petition of Lieutenant Collonel Lilburn's Wife the Vote for his close Imprisonment was taken off and he Ordered to be Tryed at the Sessions in the Old-Bailey 11. That the King of Scots was sick of a Feavor at Paris The Dutch supprized Four English Ships in the East-Indies Traders for Port to Port. Lilburn's Trial proceeded at the Sessions House 12. Letters that the Highlanders in Scotland were gotten into a considerable body That a Declaration was Published by the Commissioners for visiting Universities in Scotland and placing and displacing of Ministers which did much astonish the Kirk-men Of Pyrates upon the Coast of Jersey who were socoured and assisted by the French who would not permit a Vessel of the Parliaments to have fresh water in their shoar and a Bristol Merchant man taken by the Hart Frigot which was lost to the Dutch and now manned out by them 13. Letters of two Dutch men of War that came into Burlington Bay to surprize Ten Barques there which cut their Cables and went into the Peer and so were preserved That the Parliaments Ships on the North Coast brought in a Danish Ship of great value and several other Ships Prizes and cleared that Coast of Pickeroons That Prince Rupert was gone to Nants to make the best of his Robberies That many thousands of the Irish were
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
and his Countenancing Orthodox Ministers and frequenting the publick Ordinances The Sweeds had good Success in Poland and in Muscovia Collonel Harvey committed to the Tower The Swedish Ambassador had Audience and related to the Protector his Masters successes A Paper of the Special Commissioners for Charitable uses read in the Churches in London inviting discoveries Cracovia was Surrendred upon Articles to the King of Sweden The Major-Generals and their several Commissioners met in several Counties to execute their Commissions The Protector and his Councel referred to Sir William Roberts and others the Examination of the Accounts of Collonel Harvey and Collonel Langham upon which they stand Committed The Ratification of the Treaty with the King of France returned by Monsieur de la Bastile the Kings Ambassador under the Kings hand and then the Protector ratified it and it was Sealed with the Great Seal of both Parties A Declaration for a publick Fast A Commission for appointing Justices of the Peace in Scotland Major Rolt arrived in Poland Envoy from the Protector to the King of Sweden A Declaration for a New Assessment The Peace between England and France proclaimed in London The French Ambassador by Invitation dined with the Protector The Swedish Ambassador having often solicited the Protector that Commissioners might be appointed to Treat with him and none being yet appointed he grew somewhat impatient and the more because none of the Grandees would vouchsafe to visit him by reason of a former Order of the long Parliament prohibiting the Conversing with Forreign Ministers neither were they willing that the Ambassador should come to them at which he wondred being so contrary to the Practice in his Countrey December 1655. Instructions published by the Protectors Councel in Scotland for the Justices of Peace in that Kingdom and for Constables and they Order the former Great Seal and Privy Seal there to be brought in The Tories in Ireland brought in the Copy of a Letter from Queen Christiana to the King of Sweden of her declaring her self to be of the Roman Catholick Religion and some Complements to the King Divers Ministers sent for by the Protector whom he acquainted with the Proposals made by Manasseth Ben Israel the Jew and referred them to the Consideration of the Ministers and others A Day of Fast publickly kept The French Ambassador went away A Brest Man of War with Commission from the Duke of York brought in the Queen Christianaes Absolution from the Church of Rome A French Man of War sunk by one of the English Fleet the Peace not being yet known Instructions to the Majors-General to take Security of all who had been in Armes for the King for their Peaceable demeanour and obedience to the Protector Audience to the Envoy of the Duke of Brandenburgh A Conference with Manasseth Ben Israel about admitting the Jewish Nation to Trade in England The Swedish Ambassador had audience The Protestors in Scotland Petitioned with Reasons against the Power of the Civil Magistrate in Church matters as contrary to Law and Scripture The Queen Christiana of Sweden Honourably received at Ferrara Additional Instructions to the Major-Generals Letters of Mr. Mannings being put to death by King Charles at Duynwald for holding Correspondence with those in England He was a Servant to Sir Edward Hyde and shot to death Audience to the Venetian Ambassador No Commissioners being yet come to the Swedish Ambassador he grew into some high expressions of his Sense of the neglect to his Master by this delay which was excused and the Protector made acquainted with it who thereupon promised to have it mended and to send suddenly to the Ambassador Mr. Meadow by Command of the Secretary of State Translated the Sweedish Treaty made by Whitelock January 1655. An Arch-Rebel in Ireland taken A Committee appointed for the business of Piedmont most of the Protectors Councel were of it Orders by the Protectors Councel in Scotland touching Delinquents payment of their Fines The Committee for Piedmont were very careful of the poor Protestants there to send relief to them The Envoy of the Elector of Brandenburgh had private Audience with the Protector Letters of the King of Sweden's prosperous Successes The Major-General and Justices of the Peace in Shropshire made strict orders for the suppressing of Drunkenness and Disorders and of Ale-Houses Players taken in New-Castle and whipt for Rogues The Sheriffs of the Several Counties declared Popish Books burnt in London The King of Sweden had a Son born at Stock-holm he was Baptized Charles Donnah o Derry the Arch Irish Traytor who had Murthered many English was Hanged at Dublin Letters of a Gallant action performed by the English in Jamaica against the Spaniards in the Indies An agreement made between the King of Sweden and the Elector of Brandenburgh The Lord Deputy Fleetwood and Collonel Sydenham told Whitelock that his Highness and the Council had appointed them to acquaint him with a Business of very great importance which is that they considering the present Condition of Affairs did hold it necessary forthwith to send an extraordinary Ambassy to the King of Swedeland about a business of the greatest Consequence and Honour that could be and most conducing to the good of the Protestant cause which was the uniting of that Interest preventing the differences that were likely to fall between that King and the Vnited Provinces and the Elector of Brandenburgh for which ends they had thoughts of Whitelock and Sir Christopher Pack to go to the King as Ambassadors from his Higness Whitelock thought he had enough of Danger and Trouble in his former Ambassy without the least reward or acknowledgment of his Service therein but instead thereof and notwithstanding the Success which God gave him yet at his return home he found Neglects and Slightings and was removed from his place of Commissioner of the Seal and was 500 l. out of Purse upon his Accounts These Considerations stuck with him and made him endeavour by all handsome pretences to be excused that Service And when Collonel Sydenham spake in commendation of Sir Christopher Pack Whitelock replyed that they might send Sir Christopher alone for he did not apprehend a necessity of sending two Ambassadors together They both to that said that the intention of sending Sir Christopher Pack was to manifest the Engagement of the City in this business and in it to put an honour upon them Whitelock alledged also that the King of Sweden's Ambassador here might probably conclude upon the Business intended without sending one from hence to him The Lord Deputy said that the Ambassador here had no Instructions for it Whitelock told him the Ambassador here he believed had instructions sufficient or might have them before Ambassadors could go from hence to Sweden And that to send him now who had been so lately with the same King would give an alarm to all the Popish Princes and
hasten an Union amongst them which would put a disadvantage upon the business that all good Men did so much desire might be effected The Lord Deputy answered that he did believe the Business could not be effected here by this Ambassador And that the Pope was now at Work to unite his Interest amongst all the Popish Princes and particularly betwixt Spain and France To which Whitelock said that the sending of an Ambassador hence would hasten that union whereas if our Business might be done with the Ambassador here no Notice would be taken of it 23. Upon discourse with the Swedish Ambassador concerning the Uniting of the Protestant Interest which he had propounded to the Protector at a Secret Audience he seemed to like it very well And said the Difficulty would be what to propound in order to it and where to begin for it would be a long business to endeavour to bring in all the Protestant Princes and States together but he thought the best way would be for the King his Master and the Protector to joyn together first and then to draw in the rest afterwards And such of them as should refuse to joyn to be taken as Enemies Which would be quick and resolute and make the Popish Princes look about them The Ambassador also took Notice that he heard of the Protectors intentions to send Ambassadors from hence to his Master about this business And said he believed it might be done as effectually and more speedily here as to the general and foundation of it than by sending to his Master And that when he propounded the business to his Highness he desired to know from him what particulars he thought fit to be taken into consideration in the first place hereupon And told him That when he should know his mind therein he would forthwith send an Express to the King to receive his farther directions that he had already given his Majesty an account of the business in general and did expect within a few days to hear farther from him about it and hoped to receive such further Instructions from him as will be for the good carrying on of this great business He intimated likewise that the King might think it a little strange that whilst his Ambassador is here with the Protector the Protector should send his Ambassadors to the King which is not usual He said That he Confessed he had done little since his coming but it was not his fault And that it would be now time for him to think of returning It was answered That the Multitude of our great occasions here had been the only cause of his delay And the great Successes of the King in Poland might give some alteration of Affairs and many things thereupon might fall into consideration touching matter of Trade in relation to Poland and Prussia which at his Excellencies coming hither were not thought upon This the Ambassador acknowledged to be true and said farther That he hoped within a very few days there would be an Agreement between the King and the Elector of Brandenburgh or else that the Business would be put to a speedy issue the other way And then there would be the less occasion of sending from hence to prevent that difference And that would certainly make the Dutch quiet The Elector he said had received about 15000 l. from the Dutch of their money to assist him against the King 24. Sir Charles Wolsey of the Council did not approve of the joyning Sir Christopher Pack with Whitelock in this Ambassy nor the timing of it for he said He heard the King of Sweden had made an Order to desire all Forreign Publick Ministers to forbear for a time their coming to his Camp because he was in the midst of his Military Affairs 25. The Protector sent to Whitelock and earnestly pressed him to undertake the Ambassy to Sweden recommending it as a business of the greatest Honour and of the highest Concernment to the Protestant Interest but upon Whitelock's Discourse and Reasons against it the Protector seemed to be moved and said he would take the business into further Consideration with the Councel 28. An Order of the Protector and Councel whereby the Lord Fiennes Mr. Strickland Sir Gilbert Pickering and Whitelock or any two of them were appointed Commissioners to Treat with the Swedish Ambassador and they were desired to meet at the Councel-Chamber with Secretary Thurloe to confer together about the Articles 30. According to order they met at White-hall and were told of the Ambassadors impatience that in so long time as since he had given in his Articles he could not obtain any answer to them nor have any Commissioners to Treat with him In order thereunto they now perused the Articles and advised together upon them 31. The Ambassador seemed much unsatisfied with divers parts of the Articles and said That he had no Commission to Treat of any matter concerning the Vnited Provinces to be included and was much Nettled at that business In discourse touching a general Union of the Protestant Interest he said it would be a difficult work And for his Masters falling upon the Emperor he said that they in Sweden did not wish it to be so because they doubted that then Sweden would be neglected He declared his opinion to be not to meddle with the great business of the Protestant Union Nor to have to do with the Vnited Provinces in this or any other Treaty But he said That they might send to the King his Master at their pleasure and have a fitting Answer February 1655. Some Gentlemen added to the Committee of Trade Letters of the Sweeds Successes in Poland An Address presented from South-Wales and Monmouth-shire to the Protector Recognizing him and his Government An Order for continuing the Committee of the Army published Mr. Fell appointed Commissioner or Chancellor of the Dutchy of Lancaster and Mr. Bartholomew Hall continued Attorney of the Dutchy One who Shot a Soldier that was to guard him being a Prisoner was arraigned at the Upper Bench but the Jury found him guilty only of Man-Slaughter the Foreman was disabled from being a Juror hereafter Soldiers in Ireland Condemned for Robberies the Councel there Sate about Transplanting some of the Irish An Order of the Lord Mayor of London for the Punishment and suppression of Common-Beggars Letters That the Indians near New-England had burnt many Houses of the Dutch and taken many Men Women and Children Prisoners but such as they found to be English they released the reason thereof was because the English had been just and kind to them Some little stirs in Scotland the Justices there according to the order of the Protector and his Councel and after the course in England proceeded to the Administration of Justice in Scotland where it was submitted unto A Dunkirk Man of War taken Prize The Peace ratified betwixt the King of Sweden and the Elector of Brandenburgh personally Order of the Sessions of
what he had privately said to my Lord Protector The Lord Fiennes said That we were tied up to Insist as we did upon the Treaty and If his Excellency had proposed any thing to his Highness by way of Expedient that he might be pleased to speak with him again about it and he hoped that a good Issue would come of it There was also Debate at this time concerning Passes The Ambassadour saying That he observed nothing to be mentioned of them in that which was read The Lord Fiennes said That the Council had had it in debate and did find much difficulty to agree upon a Form of Passes But that the same would be lyable to be counterfeited and much prejudice thereby to England especially in this time of our War with Spain That they had thought of another way which they desired might be propounded to his Excellency that the Commissioners which were to be appointed for restitution of Damages might also be Impowred that when any Ship were brought in to Examine whether she had any prohibited Goods or not and if any Injury or Damage were done to the Party so brought in that those Commissioners should have power forthwith to award Restitution and Satisfaction out of his Estate that did the wrong and If he had not Estate sufficient then the Commonwealth to make Satisfaction and not to have proceedings in the Admiralty Court but only in matters of Law or of great difficulty and this was apprehended to be the best way for avoiding deceits in counterfeiting Passes and colouring of prohibited Goods and the readiest means to obtain Satisfaction where any Injury should be done The Ambassadour said That the Lord Whitelock knew it was much Insisted upon at Upsale that there should be Passes and the Form should have been agreed upon within 4. Months That it was Impossible to avoid former Wrongs and such usage as had been heretofore without Passes and that altho some might counterfeit hands yet they could not counterfeit Seals and If any were taken that did counterfeit let them be hanged and for Commissioners they could not tell how to judge but by the Passes and they must have Rules to go by The Lord Fiennes said That there were many that could counterfeit Seals as well as Hands and that the Seal of the Council it self here had been counterfeited that he believed after some few Examples made for bringing in Ships without cause and sound damages given that very few would be troubled nor any adventure but upon Just ground to hinder any Ship in her Voyage and that some Commissioners might Reside at Dover and another Sett of them at Plimouth and so in convenient Ports in the King of Sweden's Dominions That no Ship should be brought far out of her Way and have a speedy dispatch and three Commissioners being English and three other Swedes there could be no doubt but that Justice would be done to each Party Whitelock acknowledged That the Passes were much Insisted upon at Upsale and that he was very glad he had not there agreed upon a form seeing the Council here did find it so difficult a matter That he was there acquainted with many Complaints against the proceedings in the Court of Admiralty here and that he thought no way better to prevent the like Complaints hereafter than by having such Commissioners of both parts as was mentioned by the Lord Fiennes Strickland said That if we agreed to Passes for the Swedes Ships that the Dutch would Expect the like and that would bring great Inconveniences to this Nation Mnr. Coyett said That It would be Impossible to preserve Terms of Amity and to prevent doing of Injuries unless Passes were agreed upon and that it was so with other Nations and he did not comprehend the Inconveniences of it The Ambassadour said That the Case was not the same to the Dutch as to the Swede because these were the Native Commodities of the King his Masters Territories as Cloth was of England and that the Dutch had little store of any Commodities of their own Countrey That there had been too much cause of Complaint against the proceedings in the Admiralty Court of England and he thought that such Commissioners might be some means to prevent the like cause of Complaints for the future That he desired a Copy of those Articles now debated and If they pleased that he might have it in Latin which he would consider of and return a more particular Answer at the next meeting This was promised to be sent unto him within a day or two and after some discourses upon other parts of the Articles as concerning Levies of Souldiers and Hiring of Ships of War and of their Resort into each others Ports and some other Particulars wherein there was not much debate nor disagreement but only upon the great Questions which is before at large related The Commissioners came away To his Highness the Lord Protector of England Scotland and Ireland The Humble Petition of Jacob Momma of London Merchant THat your Petitioner not above 9. Months last past hath used the Trade by himself and his Agents of making Lattin Wyer and Black Lattin of all sorts out of Coppar a Trade of much advantage to this Commonwealth whereby many Hundreds of poor People may be set on work and the Brass which is tinned out of the Coppar by melting is increased above a third part in weight exceeding the Coppar out of which it is made The Improvement whereof is very useful in this Nation for casting of Ordnance But so it is may it please your Highness That your Petitioner beginning his said Trade The King of Sweden out of whose Dominions the Coppar is brought for Encouragment of the Makers of Brass Lattin Wyer and all sorts of Black Lattin and for Keeping the Management of that Trade within his own Country hath lately raised his Customs there upon Coppar from thence Exported from 7 s. to about 27 s. sterling per hundred weight whereas not above 3 s. sterling per hundred weight is paid there for Lattin Wyer and all sorts of Black Lattin thence Exported which will not only be the destruction of your Petitioner's said Trade but also the ruine of several Families which have dependance on your Petitioner in the managing thereof If some speedy Remedy be not taken therein Now for that your Petitioner ' s said Trade is chiefly carried on by the use of a Native Commodity called Callamy without which Coppar cannot be turned into Brass which is altogether otherwise useless And that the said Callamy may prove a Staple Commodity in this Common-Wealth which will never be wanting therein His humble Suit therefore is That Your Highness would please to be a Means that the Custome upon all sorts of Black Lattin and Lattin Wyer Imported from any Parts into this Common-wealth may be rays'd as in your Highness's Wisdom shall be thought most fit and proportionable to the late raised rates in Sweden upon Coppar Exported thence
all the incensed Lords and secluded Members would be and were active in this design so that Whitelocke said the coming in of the King was unavoidable and that he though being that must be that it was more Prudence for Fleetwood and his friends to be the-Instruments of bringing him in than to leave it to Monk That by this means Fleetwood might make terms with the King for preservation of himself and his friends and of that cause in a good measure in which they had been engaged but if it were left to Monk they and all that had been done would be left to the danger of destruction Whitelocke therefore propounded to Fleetwood to do one of these two things Either to give order for all his Forces to draw together and himself and his friends to appear in the head of them and see what strength they could make that would stand by them and accordingly to take further resolutions if they found their strength but small as Whitelocke doubted then with those few he had to go to the Tower and take possession of it And to send to the Mayor and Common-council of London that they would joyn with them to declare for a free Parliament which he thought the City would willingly do and furnish him with money for his Souldiers which would encrease their numbers Fleetwood asked Whitelocke If he would go with him into the Field and to the Tower Whitelocke said he would Fleetwood then asked What was the other way that he had to propound to him in this Exigency Whitelocke answered It was this That Fleetwood should immediately send away some person of trust to the King to Breda to offer to him his and his friends service to the restoring of the King to his Right and that upon such terms as the King should agree upon And for this purpose to give Instructions to the Party whom Fleetwood should send upon this Affair Fleetwood then asked Whitelocke If he would be willing to go himself upon this Imployment Who answered That he would go if Fleetwood thought good to send him And after much other discourse to this effect Fleetwood seemed fully satisfied to send Whitelocke to the King and desired Whitelocke to go and prepare himself forthwith for the Journey And that in the mean time Fleetwood and his friends would prepare the Instructions for him so that he might begin his Journey this Evening or to Morrow morning early Whitelocke going away from Fleetwood met Vane Desborough and Berry in the next Room coming to speak with Fleetwood who thereupon desired Whitelocke to stay a little And Whitelocke suspected what would be the issue of their Consultation And within a quarter of an hour Fleetwood came to Whitelocke and in much passion said to him I cannot do it I cannot do it Whitelocke desired his Reasons why he could not do it He answered These Gentlemen have remembred me and it is true that I am engaged not to do any such thing without my Lord Lambert's consent Whitelooke replyed That Lambert was at too great a distance to have his consent to this business which must be instantly acted Fleetwood again said I cannot do it without him Then Whitelocke said You will ruine your self and your friends He said I cannot help it Then Whitelocke told him he must take his leave and so they parted 23. Whitelocke sealed some Writs for the summoning of a new Parliament and sent one to the Lord Mayor and another to the Sheriffs of London Colonel Ingoldsby and his Son in Law Mr. Lee and Colonel Howard came to Whitelocke and discoursed of the change like to be and intimated Whitelock's condition to require his going to the King with the Great Seal but he not consenting to their Overtures they left him and provided for themselves Some of the Members of the old Council of State then in Town together with the old Speaker Lenthal by advice together finding the revolt of the Souldiers from Fleetwood gave out Orders for the Forces about the Town to rendezvous to Morrow in Lincolns-Inn-fields under Colonel Okey and Alured Intelligence that Haslerigge and the Forces at Portsmouth intended speedily to come to London 24. The Souldiers were drawn out and marching through Chancery-Lane made a stand at the Speaker's House who came to them in the Street and the Officers spake to him in the name of the Souldiery being sorry for the late Defection and resolving for the future to adhere to the Parliament The Souldiers gave loud shouts and the Speaker gave out Orders for their disposall and gave them the Word The Speaker with Cooper Reynolds Weaver and Bernors went to the Lord Mayor and discoursed with him and the Sheriffs touching the Parliaments meeting again speedily and found them to like well of it from him they went to the Tower and secured that News from Ireland that the Forces there had declared for the Parliament who a little before had declared for Fleetwood and Jones and Corbet were secured there Lawson wrote to the City and to the Militia of London and declared for the Parliament So did the Regiment of Desborough who was so active against the Parliament And the like was done by Zanchey's Brigade And Orders were sent to the Forces under Lambert to obey the Parliament Letters from Newcastle that there was no hope of any further Treaty with Monk 25. More Letters from Lawson to the same effect with the former and yet against the King 26. The Speaker and Members of Parliament then in Town met at Whitehall and from thence walked together to the Parliament-house in the Evening the Souldiers shouted as they passed by who not long before by force kept them from sitting They passed some Votes for pay of the Army and appointed Colonel Popham Thompson Scot Okey Cooper and others to direct and order the Forces 27. Whitelocke saw how things passed and that the old Parliament were now met again who he knew would be severe against him for acting in the Committee of Safety and being informed that Scot and Nevill and others had threatned to take away his life And Scot said That he should be hanged with the Great Seal about his Neck And he knew Scot's malice to him upon some former contests about Elections to Parliament this made Whitelocke to consider how to provide for his own safety The Parliament released Mr. Chaloner and others committed by Fleetwood and made several Committees They appointed 5. Jan. next to consider the cases of absent Members The Speaker sent a Letter to Whitelocke requiring his attendance in the House whereupon he went to the Speaker and made his Objections that some in the House seeing him there might move against him and get him sent to Prison The Speaker said He believed no such thing would be moved but they would take it as an owning of their Authority if he sate with them Upon this he went to the House
the Chancellor and some others That they talk much of M. G. Lamberts marching Northwards with 7 or 8 Regiments but have more cause to be troubled at Moniross and Sir Marmaduke Langdale 15 An Account from Chester That after too long a stay Ships are ready at length to carry the Money ordered by the Councel of State to Leimster and the North of Ireland That the Enemy bend all their Strength North-ward probably to stress Sir Charles Coot and gain a place of retreat or backdoor for Scotland That care is taken that way by land and to send some Ships about to that Coast 16 The Officers of the Army kept a day of Humiliation grounded on the dealings of God with their Brethren in Ireland who though he had made them give a glorious Testimony against the bloody Enemies yet hath afflicted them by the death of many Worthyes Which chastning of the Lord they did desire to lay to heart as also that Affliction in the Miscarriage of some Vessels sailing from Mine-head besides the present Condition of this Nation Upon a Petition of 3000 maimed Souldiers and Widdows Resolved that there shall be no abatement of what they have received by way of Pension in the stating of their Arrears The Councel of Officers passed several Votes and appointed a select Committee touching the purchase of the late Kings Lands Letters that the Earl of Castlehaven was chosen General of the Irish Forces That they intend to cast themselves upon the Spanish Interest and to lay asice Ormond and Inchequin 18 Letters from Newcastle That the King and the Scots are not like to agree they being much displeased at his last Message and that divers of the chief of the State and Ministers declare their dislike in joyning with him unless he resign up himself wholly to their dispose That yet they intend to choose Commissioners to go to the King That they have caused Montross's Declaration to be burnt by the hand of the Hangman and purge Malignants out of the Army dayly That 500 more of Montross's Men were landed in Orkney That more Witches were burnt From Youghall That the Lord Lieutenant was marched out of that Garrison with 1000 Horse and 1000 Foot That some Ships were cast away upon that Coast Several Resolves of the Councel of Officers touching their security by purchase of the Lands of the late King c. 19 An Act passed for providing a Competent maintenance for preaching Ministers throughout the Nation A Commission issued out under the great Seal to several Commissioners in the respective Countries authorizing them to inquire by Juries upon Oath what Benefices are within each County and the value of them and which are fit to be United c. And to certify their Proceedings into the Chancery The Act for suppressing and punishing Incest Adultery and Fornication recommitted An Act read for settling the Free Farm Rents The Act for relief of Creditors recommitted Amendments to the Act for removing Obstructions in the sale of the late Kings Lands passed and published 20 The Subscriptions of the Army to the Ingagement were by the General returned to the Parliament who upon the General his subscribing of it as one of the Councel of State in his own sense The House Voted That his taking of it in that manner was a taking of it within the late Act for subscribing of the Ingagement They likewise ordered that the Speaker should send that Vote to the General in a Letter and to return to him the hearty thanks of the House for his great Care in returning of those Subscriptions Three Souldiers were sentenced at a Councel of War to go from Whitchall through Holborn with Halters about their Necks and so to Tybourn one of them to have his right Ear nailed to the Pillory the other two to have six lashes a piece The Offence of the first was for being listed for Ireland and deserting the Imployment and counterfeiting C. Prides hand directed to Constables by Colour whereof he Prest two Horses pretending himself to be Quartermaster to the Party and then he and his Companion running away with the Horses The Offence of the other two was that after he was listed for the service of the State they run away from their Commanders Letters from Ireland That the Lord Lieutenant in his march to Kilkenny had several Forts quitted to him and at St. Thomas Town the Officers were delivered up to him together with the Town by the Souldiers 21 Letters from Warrington of a great Meeting to take the Ingagement That Thieves armed and 29 or 30 in a company pretending themselves to be Foot Souldiers break open Houses bind the People and rob them of all their Goods From Ireland That P. Rupert took some rich Prizes from the Londoners and sent them to Galloway and Limrick A little Frigot called the Wandring Cavalier was taken by the Parliaments Ships loaden with Arms and Ammunition and brought into Kingsale 22 Letters that Wogan the revolted persideous Fellow lately taken had escaped out of Prison and C. Phaires Marshal in whose custody he was being corrupted by him went away with him 23 Letters from Milford Haven of Ships driven in thither from the Irish Coast by fowl weather That there were 400 Horse of C. Cromwells the Lord Lieutenants Son to be transported to Ireland From Weymouth That they were taking the Ingagement and that none refused it and that they were busy in settling the Militia From Yarmouth That the Lord Lieutenant had all the Sea Ports in Ireland of any Consequence except only three That the Regiments are full the Souldiers well recovered and longing to be abroad against the Enemy That a small Frigot of the Parliaments of 12 Guns maintained fight with two of the Enemies one of 18 the other of 26 Guns and at last run herself on Shore and saved her men Guns and Tackle Letters that the Heads of Houses Fellows and Graduates of the University and the Mayor Aldermen and Common Councel men of Oxford had all taken the Ingagement and all the Officers both of the City and University 25 Letters from Edenburgh That both the States men and Kirkmen are full of Jealousy touching their King That new propositions are drawing and Commissioners choosing to be sent to him That more men were landedin Orkney with some Cannon and Ammunition That there it was confidently reported from Ireland that the Lord of Clenrickard Ardes and Armstrong were marching with 8000 Men near Carrickfergus and had taken in several Garrisons from the Parliament From Berwick That the King propounds That the Lord Argyle the Chancellor and other the Capital Statesmen of Scotland should come in Person to treat withhim and that there should be a general Act of Oblivion without any exception but the Scots were against both these Propositions That C. Hackers Men had taken more Mosse Troopers From Beaumoris of one Robinson Sir Timothy Fetherston and others pyrating at Sea on the Coast by
to him to submit to the Parliament upon good terms and Letters to the same effect from other Friends were the cause of his surrender of the Island 30. Orders for Recruits from Pendennis Castle for Ireland and six weeks pay for them before they were transported out of England May 1652. 1. Letters That the Declaration of the Parliament of England for the Union of Scotland with England and their sending of Members to the Parliament of England was proclaimed with great solemnity at Edenburgh Cross but the Scots shewed no rejoycing at it 3. Letters justifying the Proceedings of the Commissioners for propagating the Gospel in Wales written by Mr. Vavasour Power a Minister there 4. Referred to the Committee to consider how a competent Maintenance for Godly Ministers may be setled in lieu of Tithes Order for relief of maimed and sick Soldiers Mr. Weaver one of the Commissioners of the Parliament in Ireland came into the House whereof he was a Member and gave them an account of the State of their Affairs there Letters of Credence of the Queen of Sweden to the Noble Hareldus Applebone her publick Minister to the Parliament of England were read and Letters from the Prince of Conde to the Parliament read and both of them referred to the Council of State Letters That Argyle did again solicit for some singular Act of Favour from the Parliament of England but his ways were known That Three Judges were come from England to administer Justice to the Scots in Scotland 5. That some Travellers upon Hunsloe Heath saw a strange Apparition of the Sun about sixth Clock in the Evening c. 6. Letters That the Ministers of Scotland were as bitter as ever against the Interest of England Of more Counties and Boroughs accepting the Vnion with England and that Argyle had agreed to Terms to come in to the Parliament of England but they were not published That the Lord Chief-Justice St. John Mr. Salloway and Alderman Tichburne the Parliaments Commissioners in Scotland went away for England That the Deputies of Argyle Shire had consented to the Vnion 7. Letters That the Magistrates of Musselborough had taken the Ingagement of the Parliament of England Of a Pyrate who took several English Vessels to the Westward of Recruits Shipped from Pendennis for Ireland That the Irish begged for Conditions to come in to the Parliament and some of them were admitted 10. Letters of Preparations to reduce Dinnoter Castle in Scotland That the new Judges sent into Scotland were very busie in setling of new Judicatories there That Ireland was wholly reduced and had no other refuge but Bogs and Woods that the Plague was much abated there That Commissary-General Reynolds had gotten most of the Provisions of the Rebels and killed and taken many of them and prevented their fortifying That he setled Three considerable Garrisons upon Passes in Kings County took in the strong Forts in those Parts upon Quarter for Life only 11. The Scots Commissioners returned and were in the Parliament The Committee revived for setting a Period to this Parliament and providing for future Representatives 12. Debate upon Qualifications of such Persons as shall be received into the House as Members Letters That Captain Howe a Young Gentle-man who had done gallant Service for the Parliament in Ireland being assaulted in his Quarters by a Party of the Tories he at the first Charge routed them but then they came on again with a fresh Party and routed Captain How 's Party who endeavoured to make good his Soldiers Retreat and himself charged Three times and came off well but upon a Fourth Charge he was unfortunately slain and his Death was very much lamented 13. A Duel between the Lord Chandoys and Mr. Compton and the Lord killed Mr. Compton 14. The knocking of a Link near some Reeds set the Reeds on fire and they fired a House in Redriffe and Two Ships lying near the Shore and burnt them at low water when no Boats could come to help them nor could they get Water Letters That the Inhabitants of Virginia willingly submitted to the Government of the Parliament 15. That the Army in Scotland was taking the Field Of the refractoriness of the Ministers That the Judges sent out of England published a Proclamation at Edenburgh That they would sit at the usual place for administring of Justice 17. Letters from the Commissioners in Ireland to the Parliament giving an account of the Affairs there of the Provisions received and acknowledging the great care of the Parliament therein and how they had disposed thereof to the Forces Of the Ports in Kerry fit for a Forreign Enemy to land in That Clenrickard and others were gone to Vlster to joyn with Phelim O-Neale That in some places the Enemy have made some Incursions in small Parties and taken some prey and Dragoon Horses but upon their return they being 250 Horse and 500 Foot they were met by Lieutenant-Collonel Throckmorton with 140 Horse and 400 Foot who had no Pikes and the Horse at first made some retreat But at length after a sharp Dispute the English Horse routed the Irish and killed 200 of them on the place and in the pursuit and took and killed divers Officers and had but twenty one killed and 100 Soldiers wounded That the Irish Clergy have excommunicated Collonel Fitz-Patrick for submitting to the Parliament and the Laity published a Declaration against him and all that joyned with him and some of his Party were cut off by the Irish who also cut off the Ears of some whom they took Prisoners That Fitz-Patrick met with some of them That Shipping was wanting to transport those who are to go beyond Seas 2000 of Fitz-Patricks Party 1000 of O-Dwyers Party and 4000 more Of many Applications made by divers chief Officers of the Irish to come in to the Parliament and Commissioners were sent with Instructions to give the same Terms which Collonel Venables was authorized to give to those in Vlster That Sir Charles Coote explained the Articles of Galloway which he yielded to to prevent charge to the Parliament and to get the possession of that City 18. Letters of a Squadron of the Parliaments Ships meeting with Three Dutch Men of War and Seven Merchants that the Dutch Admiral came under the Lee of the Parliaments Ships and kept his Flag up whereupon the English Ship sent a Boat to him to acquaint him that they had received Orders from their General to cause those Ships they met to take down their Flags and presently the Dutch Admiral took down his Flag and saluted the English Ships with Three Pieces of Ordnance and the English did the like to him After the Admiral came the Vice-Admiral of the Dutch but came to the Windward of the English contrary to the custom in the Narrow Seas and saluted the English with 13 Shot but took not down their Top-Flag The English called to them to take it down
wherein consisted this more than in obtaining that Liberty from the Tyranny of the Bishops to all Species of Protestants to worship God according to their own Light and Consciences for want of which many of our Brethren forsook their Natives Countries to seek their Bread from Srangers and to live in Howling Wildernesses and for which also many that remained here were imprisoned and otherwise abused and made the scorn of the Nation Those that were sound in the Faith how proper was it for them to labour for Liberty for a just Liberty that men should not be trampled upon for their Consciences had not they laboured but lately under the weight of persecutions and was it fit for them to sit heavy upon others is it ingenuous to ask liberty and not to give it what greater Hypocrisie than for those who were Oppressed by the Bishops to become the greatest Oppressors themselves so soon as their yoke was removed I could wish that they who call for Liberty now also had not too much of that Spirit if the power were in their hands As for Prophane Persons Blasphemers such as preach Sedition the Contentious Railers Evil Speakers who seek by evil words to corrupt good manners persons of loose Conversations punishment from the Civil Magistrate ought to meet with them because if these pretend Conscience yet walking disordily and not according but contrary to the Gospel and even to natural light they are judged of all and their Sins being open makes them subjects of the Magistrates Sword who ought not to bear it in vain The Discipline of the Army was such that a man would not be suffered to remain there of whom we could take notice he was guilty of such Practices as these and therefore how happy would England have been and You and I if the Lord had led you on to have settled upon such good accounts as these are and to have discountenanced such practices as the other and left men in disputable things free to their own Consciences which was well provided for by the Government Liberty left to provide against what was apparently evil Judge you whether the contesting for things that were provided for by this Government hath been Profitable expence of time for the good of these Nations by means whereof you may see you have wholly elapsed your time and done just nothing I will say this to you in behalf of the long Parliament that had such an Expedient as this Government been proposed to them and that they could have seen the Cause of God thus provided for and had by Debates been enlightned in the grounds by which the Difficulties might have been cleered and the reason of the whole inforced the circumstances of Time and Persons with the Temper and Disposition of the People and Affairs both Abroad and at Home when it was undertaken well weighed as well as they were thought to love their Seats I think in my conscience that they would have proceeded in another manner than you have done and not have exposed things to those Difficulties and Hazards they now are at nor given occasion to leave the People so dissetled as now they are who I dare say in the soberest and most judicious part of them did expect not a Questioning but a doing things in persuance of the Government and if I be not mis informed very many of you came up with this Satisfaction having had time enough to weigh and consider the same And when I say such an Expedient as this Government is wherein I dare assert there is a just Liberty to the People of God and the Just Rights of the People in these Nations provided for I can put the issue thereof upon the Cleerest Reason whatsoever any go about to suggest to the Contrary But this not being the time and place of such an Averment for satisfaction sake herein enough is said in a Book entituled A True State of the Case of the Common-wealth c. published in Jan. 1653. And for my self I desire not to keep it an hour longer than I may preserve England in its Just Rights and may Protect the People of God in such a just Liberty of their Consciences as I have already mentioned And therefore if this Parliament have judged things to be otherwise than as I have stated them it had been huge Friendliness between persons that had such a Reciprocation and in so great Concernments to the publick for them to have convinced me in what particulars therein my errour lav of which I never yet had a word from you But if instead thereof your time has been spent in Setting up somewhat else upon another bottom than this stands that looks as if a laying grounds of a Quarrel had rather been designed than to give the People Settlement if it be thus it s well your Labours have not arrived to any maturity at all This Government called you hither the Constitution whereof being so limited A single Person and a Parliament and this was thought most agreeable to the General sense of the Nation having had experience enough by trial of other Conclusions judging this most likely avoid the extremes of Monarchy on the one hand and Democraty on the other and yet not to found Dominium in gratia And if so then certainly to make it more than a Noâ—ion it was requisite that it should be as it is in the Government which puts it upon a true and equal Ballance It has been already submitted to the Judicious honest People of this Nation whether the Ballance be not equal and what their Judgment is is Visible by Submission to it by acting upon it by restraining their Trustees from medling with it and it neither asks nor needs any better ratisication But when Trustees in Parliament shall by Experience find any evil in any parts of the Government referred by the Government it self to the Consideration of the Protector and Parliament of which time it self will be the best Discoverer how can it be reasonably imagined that a Person or Persons coming in by Election and standing under such Obligations and so limited and so necessitated by Oath to Govern for the Peoples good and to make their love under God the best under-propping and his best interest to him how can it I say be imagined that the present or succeding Protectors will refuse to agree to alter any such thing in the Government that may be found to be for the good of the People or to recede from any thing which he might be convinced casts the ballance too much to the single Person And although for the present the keeping up and having in His Power the Militia seems the most hard yet if it should be yielded up at such a time as this when there is as much need to keep this Cause by it which is most evident at this time impugned by at all the Enemies of it as there was to get it what would become of all or if it should not
be equally placed in Him and the Parliament but yeilded up at any time it determines his power either for doing the good he ought or hindering Parliamens from perpetuating themselves or from imposing what Religions they please on the Consciences of men or what Government they please upon the Nation thereby subjecting us to Dissettlement in every Parliament and to the desperate consequences thereof and if the Nation shall happen to fall into a blessed Peace how easily and certainly will their charge be taken off and their Forces be disbanded and then where will the danger be to have the Militia thus stated What if I should say If there should be a disproportion or disequality as to the power it is on the other hand and if this be so wherein have you had cause to quarrel What Demonstrations have you held forth to settle Me to your opinion would you had made me so happy as to let me have known your Grounds I have made a free and ingenuous confession of my Faith to you and I could have wished it had been in your hearts to have agreed that some friendly and cordial debates might have been towards mutual Conviction was there none amongst you to move such a thing no fitness to listen to it no desire of a right understanding if it be not folly in Me to listen to Town-talk such things have been proposed and rejected with stiffness and severity once and again was not likely to have been more advantagious to the good of this Nation I will say this to you for My self and to that I have my Conscience as a thousand Witnesses and I have my comfort and contentment in it and I have the Witness of divers here that I think truely scorn to own Me in a Ly that I would not have been averse to any alteration of the good of which I might have been convinced although I could not have agreed to the taking it off the Foundation on which it stands viz. The acceptation and consent of the People I will not presage what you have been about or doing in all this time or do I love to make Conjectures but I must tell you this That as I undertook this Government in the simplicity of my heart and as before God and to do the part of an honest man and to be true to the Interest which in my Conscience is dear to many of you though it is not always understood what God in his wisdom may hide from Us as to Peace and Settlement So I can say that no particular Interest either of my Self Estate Honour or Family are or have been prevalent with me to this Undertaking For if you had upon the old Government offered to me this one thing I speak as thus advised and before God as having been to this day of this opinion and this hath been my constant Judgment well known to many that hear me speak if this one thing had been inserted that one thing that this Government should have been and placed in my Family Hereditary I would have rejected it and I could have done no other according to my present Conscience and Light I will tell you my reason though I cannot tell what God will do with Me nor you nor the Nation for throwing away precious opportunities committed to US This hath been my Principle and I liked it when this Government came first to be proposed to me That it put Us off that Hereditary way well looking that as God had declared what Government he had delivered to the Jews and placed it upon such persons as had been instrumental for the Conduct and Deliverance of his People And considering that promise in Isaiah That God would give Rulers as at the first and Judges as at the beginning I did not know but that God might begin and though at present with a most unworthy Person yet as to the future it might be after this manner and I thought this might usher it in I am speaking as to my Judgment against making it Hereditary to have men chosen for their Love to God and to Truth and Justice and not to have it Hereditary for as it is in Ecclesiastes Who knoweth whether he may beget a Fool or Wise honest or not what ever they be must come in upon that account because the Government is made a Patrimony And this I do perhaps declare with too much Earnestness as being my own Conternment and know not what Place it may have in your Hearts and of the good people in the Nation but however it be I have comfort in this my truth and plainness I have thus told you my thoughts which truly I have declared to you in the fear of God as knowing he will not be mocked and in the strength of God as knowing and rejoycing that I am kept in my speaking especially when I do not form or frame things without the compass of Integrity and Honesty that my own Conscience gives me not the Lye to what I say and then in what I say I can rejoyce Now to speak a word or two to you Of that I must profess in the name of the same Lord and wish that there had been no cause that I should have thus spoken to you and though I have told you that I came with Joy the first time with some regret the second that now I speak with most regret of all I look upon you as having among you many persons that I could lay down my life individually for I could through the Grace of God desire to lay down my life for you So far am I from having an unkind or un-Christian heart towards you in your particular capacites I have that indeed as a work most incumbent upon Me I consulted what might be My Duty in such a Day as this casting up all Considerations I must confess as I told you that I did think occasionally this Nation hath suffered extremely in the respects mentioned as also in the Disappointments of their Expectations of that Justice that was due to them by your siâ—ting thus long and what have you brought forth I did not nor cannot apprehend what it is I would be loath to call it a Fate that were too Paganish a Word but there is somthing in it that we have not our Expectations I did think also for my self that I am like to meet with Difficulties and that this Nation will not as it is fit it should not be deluded with pretexts of Necessity in that great business of raising of money and were it not that I can make some Dilemma's upon which to resolve some things of my Conscience Judgment and Actions I should sinck at the very prospect of my Encounters some of them are general some are more special supposing this Cause or this Business must be caried on either it is of God or of Man if it be of Man I would I had never touched it with a finger if I had not had a hope fixed
made sad and strengthen the hands of the wicked that he should not return from his wicked way It being obvious to us where ever we come that few or none take pleasure in your proceedings but the Cavaliers who make their boast of you and place their confidence in you which as it is irkesom to us to hear so we trust and shall pray that the Lord will preserve you from such a defection as knowing that never any prospered that helped them 2. Whether this suddain resolution against your Brethren of the Army on account of their late Transactions have not some proportion with what the Israelites intended against the Tribes of Reuben Gad and the half Tribe of Manasseh when they had built an Altar of Memorial on this side Jordan And whether the same means if used by you for information of matter of fact as by them might not through the Lord's blessing have the same effect and thereby not only blood-shed be prevented but the work of Reformation carried on And truly though we shall not undertake to justifie the Army in their late Actions as being very unable to judge of such important Affairs not having been of the Council yet we hope that in the integrity of their heart and innocency of their hands they have done this thing which we apprehend to be the ground of your dissatisfaction And on this occasion we crave leave to remind you That as you were satisfied with the former Dissolution of this very Parliament in the year 1653. and were pleased to continue your Command at Sea in that juncture when as the undertaking of the late Lord General Cromwell was not so clear to others and through the blessing of God obtained two signal Victories against the Dutch even in that Interregnum so we earnestly desire you will hearken unto and receive satisfaction from the Officers of the Army in what they have to offer in this particular 3. We humbly offer to consideration Whether in your own observation it be not apparent that this Army have in their actings hitherto cordially designed the advancement of God's glory and the promoting and encouragement of godliness and vertue though in persons of different judgments and perswasions And whether the Cause of God and his people hath not hereby been preserved and maintained against all opposition 4. Whether by such undertaking if prosecuted the common Enemy in Scotland will not soon recover strength and become as obnoxious to England as in former times though of late through your singular Prudence Industry and Care they have been kept under And whether the espousing of an Interest distinct from your Brethren of the Army in England as is reported contrary to those righteous Principles that have hitherto been contended for will not instead of purchasing our desired Liberties render the good people of these Nations to a condition of perfect thraldom and bondage The state of Affairs being such in our weak apprehensions we have taken this freedom to unbosom our hearts to your Honour and shall earnestly pray they may take some place with you in order to the begetting of a good understanding and agreement between your self and your Brethren here that both you and they as also our selves in our several stations by Land and Sea may with one heart and consent be found doing the Lords work in this present Generation in opposition to all corrupt Interests whatsoever In attending whereunto a blessing may be expected from the Lord. In him we are Novem. 4. 1659. Your Honour 's humble Servants Richard Stainer John Lambert Tho. Bunn John Bourn Robert Clark Tho. Sparling Bartholom Ketcher Charles Wager Will. Goodson Anthony Earning Rich. Newberry Henry Fen Franc. Allen Nath. Brown Peter Bowen John Stoakes Robert Story Henry Pack John Grove Edw. Witheridge Richard Haddock Christoph Myngs Commissions granted to raise Voluntiers 10. Letters to Monk and his Officers to the same purpose from the Forces in Ireland It was agreed that three Commissioners of Monk's part should treat with three Commissioners on Fleetwood's part 11. Monk's three Commissioners coming to York discoursed there with Lambert and so far satisfied him of the reality of Monk's Intentions for Peace that Lambert sent Orders to stop his Forces from marching further Northward This being informed to the Committee of Safety it was moved to write to Lambert to advance with all his Forces speedily to Monk to indeavour to attaque him before he should be better provided and it was said by some that they suspected the reality of Monk's Intentions for Peace but believed rather that he sought delays This advice was not taken The Committee of Safety made this Order Whereas this Committee have thought it necessary for the better management of the publick Revenue of this Commonwealth to appoint several persons to be Commissioners of the Treasury and have directed a Commission giving them powers in that behalf to be engrossed to pass the great Seal of England These are therefore to authorize you to pass the said Commission under the said Great Seal accordingly For doing whereof this shall be your Warrant Given at the Committee of Safety at Whitehall the 11th of Novem. 1659. Signed in the Name and by order of the Committee of Safety A. Johnson President To Bulstrode Lord Whitelocke Keeper of the Great Seal of England They also made this Order Whereas this Committee have found it necessary for preservation of the peace and safety of the City of London to appoint several persons to be Commissioners for the Militia of the said City and Liberty thereof and have directed a Commission in that behalf to be engrossed to pass the Great Seal of England These are therefore to authorize you to pass the said Commission under the said Great Seal accordingly for doing whereof this shall be your Warrant Given at the Committee at Whitehall this 11th day of November 1659. Signed and delivered as the other 12. An account of their Forces given by the Militia of London and other Militia's to the Committee of Safety Monk's three Commissioners arrived to Treat 16. The Treaty proceeded with the three Commissioners of Monk and three of Fleetwood's and they agreed upon some Articles They agreed that a Committee of Nineteen should be appointed Five for England not Members of the Army which were Whitelocke Vane Ludlow Salwey and Berry and Five for Scotland St. John Wareston Harrington Scot and Thompson the rest for England Scotland and Ireland to be Members of the Army They to determine of the qualifications of Members of the Parliament That two Field Officers of every Regiment and one Commissioned Officer of every Garrison and ten Officers of the Fleet shall meet as a General Council to advise touching the Form of Government 16. This Argument was concluded Letters from the Commissioners in Ireland of the quiet posture there 17. Monk gave more cause of the suspicion of his design 18. Fleetwood was advised not to
be too credulous of Monk's pretences 19. Monk's Commissioners sent away to him the Agreement made here by them according to the Powers which he gave them and expected his confirmation thereof Letters that Grave Rantzow was to come Ambassadour hither from the King of Denmark That General Monk had summoned a Convention in Scotland of two Persons for each Shire and one for each Borough The Committee of Safety holding it convenient and necessary for divers weighty Reasons to adjourn the remaining part of the present Term from Saturday the 19th of this instant November until the first day of the next Term to prevent the discontinuance of any Process Suits or Causes now depending or any inconvenience to the people thereby Ordered that Writs be issued and passed under the Great Seal of England in usual form for that purpose 20. Letters that when Captain Pool moved to send into England to be truly informed of the proceedings here Monk clapt him up in prison where he yet continues And that many of Mank's Souldiers were dissatisfied Mr. Barker and Mr. Caryl Ministers sent to Monk could perswade nothing with him nor have any but general and uncertain Answers from him 21. That many of Monk's men were dissatisfied and that Mr. Collins his Chaplain had left him 22. The General Council of Officers of the Army made choice of Commissioners to agree upon the qualifications of the Members for the next Parliament or Supream Delegated Authority and desired them to meet in the Horse-Chamber at Whitehall 23. Letters from the North of Lambert's being at Newcastle and that many of Monk's Officers and Souldiers came in to him A Letter from Monk was delivered to the Common-council of London which was not relished well by them 25. Monk's three Commissioners that were here were very confident that he would approve what they had agreed which was fully according to his Instructions Some Members of the former Council of State gave out Commissions sealed by them for raising of Forces Morley Walton Reynolds Scot Haslerigge Nevil and others of them met often Monk had a Convention in Scotland to whom he propounded 1. That he having a Call from God and Man to march into England to settle the Peace there that in his absence they would preserve the Peace in Scotland To this they answered That they could not engage for it wanting Arms but they would endeavour it 2. That if Troubles did arise they would assist him to suppress them To this they answered That they were incapable to do it and it would be imprudent in them to engage in these new troubles 3. He required money of them which they promised to levy Monk caused an Engagement to be signed by the Horse And Major General Morgan was forward to assist Monk 26. The Committee proceeded in preparing a Form of Government wherein Vane was hard to be satisfied but did much stick to his own apprehensions 28. Letters of Monk's March from Edenborough towards England with Bag and Baggage 29. Order to seal a Commission to Mr. Sadler Mr. Taylor and others for Probate of Wills 30. Letters from Monk to Fleetwood full of complements and expressions of his earnest desire of a speedy settlement of the present Differences And because he perceived in the Agreement signed by Fleet-wood that there are some things remain there untreated of and unagreed upon it was the resolution of him and his Officers to add two more to the number to have conference with the like number to be appointed here to put a final end to the business which he desired might be as soon as possible Upon consideration of this Letter some of the Committee declared their opinions That this was only a delay in Monk to gain time and be the better prepared for his design to bring in the King and to bring the Army here and their Party into more streights for want of Pay which he had got for his Forces And therefore advised to fall upon Monk presently to bring the matter to an issue before his Souldiers were more confirmed and Fleetwood's Party discouraged But this advice was not taken but a new Treaty consented to by Commissioners on each part to be at Newcastle The Committee of Safety set forth a Proclamation prohibiting the subscribing of Papers under colour of Petitions for the promoting of designs dangerous to the Peace of the Commonwealth They ordered that there be a Committee appointed to receive an account of Mr. Downing's transactions as a publick Minister for this Commonwealth with the States General of the united Provinces of the Netherlands And what other things he hath to offer in relation to this affair That the Lord Whitelocke Mr. Strickland Alderman Ireton General Desborough Colonel Berry and Mr. Holland or any two of them be a Committee to receive the said Account from Mr. Downing to morrow December 1659. 1. The Lord Fanshaw was released from his Imprisonment 3. Several Commissions of the Militia were sealed for Westminster and Essex Order of the Lord Mayor for preservation of the Peace of the City An Address to Fleetwood from the Officers under Lambert for expediting the Treaty with Monk 4. Some of the Forces about London began to be discontented for want of Pay and to favour the proceedings of Monk for restoring the Parliament an inchanting word And the Forces in the North were not well settled 5. Upon some disturbances in London some Forces marched into the City to keep the Peace and were there affronted by the multitude whereupon two of the rabble were killed and the rest were dispersed Intelligence that Colonel Whetham Governour of Portsmouth and the Garrison there had declared for the restoring of the Parliament and that Colonel Morley a Parliament man was there with them to incourage them therein whereupon the Committee order a party of Horse and Foot to march thither to reduce them 6. The General Council of the Armies of the three Nations met at White-hall to consider of a Form of Government A Committee of Aldermen of London came to the Committee of safety and excused the late tumult in the City and that they had no Hand in it 7. The General Council of the Officers considered of the Government The Committee of safety took care about the Militia Intelligence that Colonel Zankey with his Irish Brigade obeyed the orders of Monk and that Berwick was his Head Quarters 8. Great perplexity about the Publick Affairs 9. Sir George Booth was released upon security A Petition was delivered to the Common Council from many Citizens desiring to have such a Parliament as was 1642. The Petition was laid aside as a design to bring in the Common Enemy And they sent a Committee to Fleetwood to conferr with him who met at White-hall 10. Intelligence that Haslerigge Morley and Walton were in Portsmouth that Colonel Norton refused to engage with them