Some of the Kings antient Servants and some others were approved of by the House to go down with the Commissioners to attend his Majesty and power given to the Commissioners to name inferiour Servants Orders for Money for the Commissioners charges for repairing Holmby House for Coaches Horses c. for the King For two thousand pound for Major General Brown in part of his Arrears and referred to a Committee that he be considered as other Major Generals Debate about an Information of a Protection from the King to a Member of the House A Colonel charged the Earl of Northumberland and of Pembroke to have sent Money to the King but upon examination he said he heard it from some of their Servants they denyed it and the Colonel being but a single witness and speaking but by hearsay the Lords acquitted the Earls and left them to their Remedy against the Colonel for the Scandal Mr. Murrey sent for in again upon information that he was Plotting the Kings escape from Newcastle in a Dutch Ship lying there for that purpose 13. A report of the Committee approved for making Sir John Bramston Sir Thomas Beddingfield and Mr. Chute Commissioners of the Great Seal and an Ordinance appointed to be brought in for that purpose An Ordinance committed for regulating the University of Oxford and agreed that no Members of either House shall be Visitors and that the right of the Earl of Denbigh as Chancellor of the University be preserved and that the City of Oxford do choose a Recorder An Ordinance to put Doctor Temple into a Parsonage 14. Compositions of Delinquents pass'd Ordinance sent up to the Lords for the new Commissioners of the Great Seal 15. Debate in a Grand Committee touching the Dissenters from the Presbyterian Government A Minister presented Articles to the Council of War against a Trooper for Preaching and expounding the Scripture and uttering erroneous Opinions The Council adjudged that none of the Articles were against the Law or Articles of War but that only the Trooper called the Parson a Minister of Anti-Christ for which Reproach they ordered the Trooper to make an acknowledgment which he did and was one night imprisoned Great noise was about this in London and about another Troopers Preaching at Buckingham upon which a Tumult was raised by the Cavaliers and suppressed 16. Order for levying the Arrears for the Army Debate about inlarging the Instructions for the Commissioners who were to receive the Kings Person they being gone out of Town An Ordinance sent from the Lords to the Commons for constituting the Commissioners of the Seal the Commons desired the Lords to pass that which they formerly sent up to them Ordinance for the accounts of the Soldiery and an order for fifteen hundred pound for Sir William Fairfax's Lady of her Husbands Arrears 18. Votes for Mr. Hollis Mr. Selden Sir Jo. Elliots Children Mr. Strodes Kindred Mr. Valentine Sir Peter Hammond's children Sir Miles Hobert Mr. Walter Long and Mr. John Hamdens children shall have five thousand pound to each for the sufferings of them or their parents 3 Car. for opposing the illegalities of that time and a thousand pound to Mr. Varsall upon the same account and all sentences formerly against them to be taken off and a Committee to consider how these allowances may be raised and to consider of the Petition of Alderman Chambers Order for two thousand pound for the Soldiers in Portsmouth and Hurst Castle and for viewing the Fortisications there and for six months pay for the Army The General made strict Orders for his Officers and Soldiers to pay their Quarters and that the Countrey may not be burdened and misdemeanors prevented and this by advice of his Council of War Captain Batten kept in the Dutch Ship at Newcastle Sir Tho. Tiddesly and Col. Price being apprehended about endeavouring the Kings escape got away Letters informed that the Scots Commissioners at New-castle could not prevail with the King to take the Covenant and sign the Propositions and that a Scotch Lord told him if he did not they must give him up to the Parliament of England and it would fall heavy upon him and his Posterity That his Majesty is not pleased to come to Holmby house not liking the place Letters informed that the Parliament of Scotland had voted That if his Majesty should have thoughts of coming thither at this time he not having subscribed to the Covenant nor satisfied the Lawful Defires of his Subjects in both Nations they have just cause to fear the consequences of it may be very dangerous both to his Majesty and to these Kingdoms which they desire may be timely prevented and they express their Arguments that if they should receive his Majesty it would be contrary to their Engagements with England and the Treaties 19. Order for ten thousand pound for the Earl of Northumberland out of Compositions in regard of his losses in the North. Orders about the Sale of Bishops Lands Lieutenant Col. Harrisons Accounts referred to a Committee and three hundred pound ordered to Mrs Serle a widow out of Doctor Ducks Estate Order for Money formerly given to Licutenant General Cromwell to be out of the Estates of Papists in Arms. Power given to the Committee of Complaints to imprison 20. Orders for bringing in and maintaining the credit of the Excise Order for the due observation of the Articles of surrender of Portland Sir Peter Killegrew returned with Letters from the King to both houses That he had received their Votes for his coming to Holmby and understood that Commissioners were coming for him and that he shall give them his resolution when they come the like Letters were to the Scots Commissioners Another Letter was from General Leven That according to the Parliaments desires he would take care of his Majesty that he depart not away and will be ready to do all good Offices A third Letter to the Parliament was from the Commissioners of Estates that they had received the Votes and sent them to the Parliament of Scotland Orders to communicate these Letters to the Scots Commissioners and for a hundred pound for Sir Peter Killegrew for his Journey Letters from the Parliaments Agent in Denmarke and an offer from thence of a Treaty for Correspondence betwixt the Kingdoms referred to a Committee Orders for a hundred pound for Mr. Jenkins formerly imployed to Denmark and for a hundred pound to Sir Henry Vane Sen. disbursed by him for the State and for two hundred pound to Mr. Smith for Provisions for Ireland and for the Arrears of the Porter of Portland Castle 21. The Lords differing about the new Commissioners for the Great Seal An Ordinance pass'd to continue the two Speakers Commissioners of the Seal till ten days after the next Term and they were ordered to consider of persons to ride the next Circuit A Committee named to draw instructions for the Judges that shall ride the next Circuits and to
inveigh against any such thing as treachery and baseness and that which might be the occasion of shedding much blood That he said he durst not for the awe and respect which he had for Selden and the rest communicate any of the particulars to them but was almost disheartned himself to proceed in it They were all upon their Trial condemned Tomkins and Challoner onely were hanged Waller had a Reprieve from General Essex and after a years imprisonment he paid a fine of ten thousand pound was pardoned and travailed into France The General Essex being about Thame ordered the Buckinghamshire Forces to Alarm the Cavaliers some Skirmishes past between them Rupert ingageth their Body in Chalgrave Field Routs them and takes Captain Sheffeild and many other Prisoners Major Gunter was shot dead in the place and Hampden wounded whereof he died a week after Some had advised him not to go forth upon this Party he not being ordered to doe it but his Mettle did put him forward and his death insued He was a Gentleman of the ancientest Extraction in Buckinghamshire Hampden of Hampden his fortune large his natural Abilities great and his affection to publick Liberty and Applause in his Countrey exposed him to many difficulties and troubles as in the business of the Ship-money of the Loan and now in Parliament Where he was a most Active and Leading Member he spake rationally and subtilly and often proposed Doubts more than he resolved he was well beloved in his Countrey where he had a great Interest as also in the House of Commons he died lamented about the 24. of June 1643. In the West the Parliament Forces took in Taunton and Bridgwater The Synod of Divines sate but concluded upon nothing In Germany the Protestant Forces under the Duke of Brunswick endeavoured to reduce Woolfen Bottel Picolomini for the Emperour enters the Town and sets upon Brunswick but was beaten and lost 2000 men Lamboy for the Emperour about Bohemia had his Regiment defeated for want of good Guards and himself taken Prisoner and sent to France by Count Guebiran who for this service and taking of John de Wert received the Marshals Staff The Swedes with 7000 fresh men under Tortoison enter Germany and did gallant Service against the Arch-Duke Leopold Picolomini marcheth against and brake through their left Wing at Leipsick and fell to plunder The Swedes rally and turn upon the Enemy and they fly six thousand of them seized never shot off The Swedes take Leipsick and besiege Friburgh which is relieved by Picolomini who upon this success took leave of the Arch-Duke and the Emperour's service and was entertained by the Spaniard The French prospered in Catalonia June 16. The Queen was brought to Bed of a Daughter at Excester named Henrietta Maria. The Parliament finding the great failure of Justice for want of a great Seal voted That if the Lord Keeper Littleton did not return with the Great Seal within fourteen days he should lose his Place and whatsoever should be sealed with that Great Seal afterwards should be void By their Order a new Great Seal was made engraven on the one side the Picture of the House of Commons the Members sitting on the other side the Arms of England and Ireland Waller with his whole Army was fought with by Greenvile and Slanning at Lands Down in the West Greenvile did gallant Service and was slain there so was Leake the Lord Deincourt's Son with the Enemies Colours about his Arm and many others of quality On Waller's part the Foot were dispersed and cut off many Officers and Arms lost Waller follows the King's Forces to whom Wilmot was sent with fifteen hundred Horse they both met at Rowndway Down near the Devises in Wiltshire where Waller's Horse upon a pannick fear fled and left their Foot to the mercy of the Enemy who flew a great number of them and took many Prisoners four brass Guns Ammunition and Baggage This caused a diminution of the former Fame of Waller which was raised up near to a competition or emulation with Essex himself and caused some slackning of mutual Succors and Assistance to the prejudice of their common Cause But after this Defeat Waller posted up to London where his person being a man known to be of much honour and courage silenced Invectives against him and made the better way for Recruits for him During these Actions of Waller their General Essex writes to the Parliament to incline them to a Peace with the King at which some were displeased and intimated the promoting of Waller in his place But this was before they received the News from Rowndway Down of this Defeat In the North some difference had been between the Lord Fairfax and Sir John Hotham who refused to submit to Fairfax though General for the Parliament in those parts but Hotham was as high and morose as the other was meek and courteous The Parliament hearing of this Contest intended to displace Hotham which he discovering by Letters that he intercepted began to have new Designs His Son Captain Hotham being suspected by the Parliament was imprisoned at Nottingham from whence escaping he under-hand treated with the Earl of Newcastle and coming to Hull he and his Father stood upon their Guard The Parliament doubting the Consequence hereof sent Sir Matthew Bointon with a Commission to seize them both and to be Governour there who not suspected by Hotham being his Brother-in-law had the more opportunity to tamper with the Garrison and gain an Interest with the Souldiers so that he gained them and the Magazine Then Sir John too late seeing the Design against him fled to Beverley where his own Souldiers set upon him and forced him back again to Hull where he was taken by his Brother Sir Matthew Bointon and with his Lady his Son and all his Children sent up Prisoners to the Parliament and Bointon remained Governour of Hull in his place His rough carriage especially to his Inferiours his very narrow living and the betraying of the Trust committed to him rendred him so distastfull to all sorts of people That his Masters for whom he had done so great Service in resisting the King at his first coming to Hull they now cast him off his Souldiers who had fought for him now chase him away from them and his Brother in Law supplants him and sends him with his Wife and Children Prisoners to the Parliament The Exit of his Scene in this Tragick Age follows in its order of time Prince Rupert hovered long about Bristoll till finding by his Correspondents whereof he had many in the City when it was worst provided for resistance he fell upon it and Colonel Nathaniel Fiennes the Governour after three days siege was forced to surrender it For which the Governour was afterwards sentenced by a Council of War to lose his life but by General Essex he was pardoned and gave off his Military Service The new Great
grievously Wounded lay there and Starved 14. Letters to Collonel Mitton to hasten the slighting of the Garrisons in North-Wales A Committee appointed to draw Instructions for Commissioners of both Houses to press the King to grant the Propositions Upon a Petition of the reduced Officers of the Lord Fairfax and a Letter from Sir Thomas Fairfax Order for a fifth part of their Arrears to be paid to them 15. Difference about the alterations in the Ordinance for Oxford University and an Order about a fitting maintenance for the Heads of Houses there Upon a Petition of some of the Bishops Order for the Committee to dispatch the reference to them about maintenance for the Bishops and an Order to deface all Superstitious Monuments and Scandalous in both Universities and that the Committees for Ireland do meet daily about that business An Ordinance past the Commons giving power to the Lord Mayor Aldermen and Common-Councel of London to choose thirty one persons of the City to Govern their Militia for one year Mr. Devereux newly returned a Member of the House for Wales was suspended being a Delinquent and a Charge against him 16. Orders for mony for Ireland and for four thousand pounds for the Lady Brooke and her Children whose Husband Sir William Brooke was slain in the Parliaments service and for five hundred pounds for Mr. Sanderson for his service and losses Allowance for the Treasurers to Goldmiths-Hall and Licence to Sheriffs to reside out of their Counties 17. Letters from Saffron Walden certified That the General with the Parliaments Commissioners and two hundred Officers of the Army had conference about part of the Army going for Ireland that the Earl of Warwick one of the Commissioners spake with many Exhortations to the Officers to accept of the terms and undertake for Ireland setting forth the necessity concernment and honour of the service That the General did much incourage the Officers to ingage for Ireland That Collonel Lambert in the name of the Officers desired to know what satisfaction the Parliament had given to the four Quaeries concerning Arrears Indemnity Maintenance in Ireland and Conduct That Sir John Clotworthy one of the Commissioners said they were all answered except that of Indemnity whereof the Parliament would take care and had given Instruction to the Judges not to receive any Indictment against Souldiers for things done in tempore loco belli till the Ordinance could be brought in Then it was moved concerning Commanders and answered That Major General Skippon and Major General Massey were named by both Houses to be General and Lieutenant General Collonel Hammond said that if they had assurance that Major General Skippon would go he doubted not but a great part of the Army would ingage with him It was cryed out All All Fairfax and Cromwel and we all goe Some few of the Officers subscribed to go for Ireland most of the rest signed presently a Declaration to the same effect as formerly and to Authorise Lieutenant General Hammond Collonel Hammond Collonel Lambert Collonel Lilburnc Collonel Hewson and Collonel Rich to declare their sence and to act for them 19. The House Sat not Letters come from Holmeby that the Dutch Ambassadour had Audience of the King and acquainted him with the death of the Prince of Orange The Earl of Lotherdale and Dumferling came to London with Commission to joyn with the Parliaments Commissioners in persuading the King to Sign the Covenant and Propositions 20. Apprentices of London came to the House for answer to their former Petition for days of Recreation the Commons referred it to a Committee to draw up an Ordinance to abolish all Festival-days and Holy-days and to appoint the second Tuesday in every Month a day of Recreation for all Apprentices Schollars and Servants with limits against Tumults Disorders and Unlawful Sports Referred to a Committee to settle Augmentations for Ministers in Dorchester A Bayliff Committed for Arresting a Servant of Mr. Speaker Debate about the Government of the Church by Presbiteries The City propounded for security for two hundred thousand pounds last desired to be borrowed of them the remainder of the Bishops Lands Papists and excepted persons Estates and the Excise in course which was agreed unto Order for twenty thousand pounds for Ireland The proceedings of the Commissioners to get Forces for Ireland proved not so effectual as was expected That generally they were unwilling to go unless the General and their other Commanders went with them The General sent a Letter to every Regiment to persuade them to ingage in this Service 21. Order for the third part of the Arrears of the Scots Officers be abated for free Quarter Horse and Arms c. The Lord Rich referred to his Composition Instructions sent up to the Lords for the Commissioners to go to the King to persuade him to Sign the Propositions c. Another for Collecting the Arrears of the Bill of four hundred thousand pounds upon the County of Bucks Order for Pay to the Messenger of both Kingdoms and fifty pounds apiece above it and for Pay for Sir Thomas Fairfax's Messenger An Ordinance Read for payment of mony long since borrowed of Mr. Steward Several Votes of either House Communicated to each other touching security for the two hundred thousand pounds and touching scandalous persons The Councel of War in Ireland Sentenced Collonel Brocket worthy of death and his Regiment was conferred on Collonel Monke That the Souldiers are in very great want there and the Lord L'Isle very careful to get Supplies for them and to do service 22. Letters informed the great resort of people to the King to be cured of the Kings-Evil Whereupon the House Ordered a Declaration to be drawn To inform the people of the Superstition of being Touched by the King for the Evil. And a Letter of thanks Ordered to the Commissioners at Holmeby Progress about the business of the Church Order for a Declaration for payment of Tithes and other Duties to Ministers and for Presentations to Benefices A Petition of a Merchant of Hull for ten thousand nine hundred pounds owing to him by the State referred to a Committee and Ordered that he have four thousand pounds in the mean time Report of the Transactions with the Army about going for Ireland The Argiere Duty continued for one year Labour to get the Souldiers ingage for Ireland proved not effectual 23. Votes pursuant to Truro Articles The Lords differed from the Commons about the Security for the two hundred thousand pounds to the City of London Officers that undertook for Ireland were of Horse seventeen of Dragoons seven and of Foot eighty seven but they could get only a few of their several Troops and Companies to go with them Much Debate about Disbanding of the Army or sending the Army intirely into Ireland and other motions the result deferred to another time 24. The House was Adjourned 26. The Commissioners returned from the Army presented to the House a List of
Master of the Rolls Carmarthen and Monmouth-shire reduced Rolles and Phesant made Judges and Atkins a Baron A Pass for Sir William Vavasor Sir William Byron routed Gerrard Bellasis disagree Prince Rupert Prince Maurice c. leave the King Passes ordered for Prince Rupert c. Digby and Langdale routed Vaughan routed by Mitton The King to Oxford Letters from Pr. Charles to Sir Tho. Fairsax Answer of Fairesax His Answer to Goring Presbyterians Petition Answer to their Petition Vote of the Oxford Parliament Petition to the Lords Ambassador from Russia Si. T. Fairfax voted to be made a Baron The like for Cromwel Essex c. to be made Dukes Roberts c. to be made Earls Hollis a Vicount Waller and others to be made Barons Letters Intercepted Leven before Newarke Lathom House surrendred Thanks to the City of London A Letter from the King Answer to the Kings Letters Letters taken and ordered to be Printed Remonstrance by Dissenters Ordinances Letters Another Letter from the King The House Censured Perplext by the Scots Vote upon the Propositions for Peace The taking of Hereford Commissioners to reside in the Scots Army Newarke Order for Baron Tomlins Letters for Peace Debate about the Kings Letter Martial Law Day of Humiliation Votes about Ireland Vote for Hinry Martin Lieutenant Barrow Clamors against the Parliament L. G. Points Letters from Ireland The Parliament against a Treaty A Petition for Church Government Montross routed A Petition Answer A Letter from the King Offers to the Irish Answer to the Parliaments Letters Letters to the Speaker Lisle to be Governor of Ireland Day of Thanksgiving Dartmouth Stormed A Letter from the King Bills to be sent to the King Order against Blasphemy Letter from the King Order that no new Motion after twelve a Clock The Kings Letters voted unsatisfactory Letters taken Chester surrendred to the Parliament Hoptos routed 〈◊〉 Torrington particulars of the Success Against the Court of Wards Parliament of Scotland Church Affairs Letters from the King Victory at Cardiffe Mr. H. Peters Proclamation Corfe Castle-Stratagem Sr. T. Fairfax Abbington Breach of Priviledge Petition Sir T. F's Offers to L. Hopton L. Hoptâ—â—â— answer to Sir T. F. Assembly of Divine Heralds Office Articles between F. and Hopt Letter to the Prince Militia Lord Hopt Sir J. Ashley defeated A Letter from the King Answer to the Kings Letter The City cajol'd Both Houses invited to Dinner Paul Best 's Blasphemy Answer to the Kings Letter Worcester Vote of the Commons Paul Be. Exeter Newarke Scots dissent Exeter surrendred Voro Scots Papers Declaration Power of Parliaments Orders Differences Debate of the Scots Papers Answer from the Prince Church-Government The King leaves Oxford Dr. Williams Declaration The King in the Scots Army Vote Letters intercepted Letters from the Scots Votes particulars of the surrender of Newâ—arke Sir Thomas Fairfax Summons to Oxford Ministers for Ireland Reasons of the Commons A Letter to the prince Scots papers General Levens proclamation Vote against the Scots A Letter from the King Another Letter A Letter to the City Remonstrance from the City Answer of the Lords Of the Commons Committee of Heresies Discontents Aversion to peace Counter petition from the City Declaration against the Scots Letters from the King Votes Russia Ambassador Scots defeated by Irish Rebels Letters from the King From the Scots A Letter to the prince The Kings passage from Oxford to the Scots Oppressions of Committees March forth Foreign Kingdoms Carts Reproach Arms. Sued Sick Prize Strangers Remains Sequestration Oaths Said or done Excepted persons Excepted persons University City Corporation City Plunder Ladyes Kings Servants Clergy-men Injoy Goods Free from Oaths And broken Duke of Richmond Farringdon Certificate Messengers to the King Papers from the Scots Letter from the King Oxford Surrendred Farringdon surrendred Select Council French Ambassador Bish Williams The Seals Lilburne Pointz London's Petition Scots Papers Petition The Kings Answer Commissioners for Peace Vote against the Scots Scots Ministers Duke of York Propositions for Peace Letters from the Queen Master of the Ceremonies The Kings Answer The French Ambassador Message Answer Worcester surrendred Duke of York Mutiny at St. Albans Worcester Duke of York Walling-ford Castle surrendred Rutland Castle Worcester Propositions Col. Birch Letters from New-castle Vote The Kings refusal to sign the Propositions Seals broken Report concerning the propositions Scots Papers Vote for the Scots Marquess of Worcest Peace with the Irish Sir John Stowel Scots Arrears Articles of the Peace in Ireland Scots Petition Surrender of Ragland and Pendennis Castle Vote Petition of Sheriffs The Kings Children Hinderson Pendennis Castle Scots demands Vote Scots Vote for Scots Remonstrance of the Kirk The Kings Answer Scots press the King Essex died Ireland Scots Ministers Sr. Sackvil Crow Vote The Kings Answer to the Scots The Propositions to Ordinances Petition for Lilburn About disposing of the Kings person Scots Letters Great Seal Pamphlet Commissions altered Confession of Faith Great 〈◊〉 Ordinances Petition Ormonds propositions Great Seal Disposal of the Kings Person Great Seal Kings at Arms. Great Seal Priviledge Scots Commissioners Great 〈◊〉 Col. Monk Both Houses visit General Fairfax Mutiny at York Duke of York Petition from Kent About 〈…〉 Person Tombs defaced Scots Papers Ormond The Lords concurrence declined Assembly Divisions Assembly jus Divinum Agreement with the Scots Vote Petition The City Petition Scot's Ministers Hostages Petitions Commissioners for Scotland Durbams Petition Duke of York Proposals of the Irish Duke of York A Letter from the King Votes Assembly of the Kirk their Answer to Queries Votes of the Parliament in Scotland City Petition Commissioners to receive the Kings Person Great Seal Articles against a Preaching Trooper Votes for sufferers 3. Cor. Power to Imprison Letters from the King From Leven Great Seal The Kings Queries Declaration of Scotland The Scots desires agreed to Complaint against the Soldiers Confession of Faith Petition A Letter from the King Ormond French Ambassador Petition of Apprentices Sir Thomas Fairfax Supplies for Ireland Votes A Letter from the King Sir Thomas Fairfax at Cambridg Counter-Petition London Petition Answer Counter-Petition Disturbance in the Army Petition Irish service Quaeries of the Army Petition of the Army Prince Elector Answer to the Kings Message Quaere to the Officers Declaration Letters from Sir Thomas Fairfax Complaint of the Army Col. 〈◊〉 Holmeby Bosvile L. L'Isle Army Holmeby Army Army their Vindication Militia Assembly of Divines Skippon Army Distempers in the Army A Letter from the King Confession of Faith London Petition Votes Votes for the Army City Petition burnt Letter intercepted Disbanding Petition of the Army Disbanding The City Petition Declaration against the Army razed out of the Journal The 〈◊〉 carried from Holmeby by the Army Army Petition London Petition Souldiers Votes Army The King Committee of Safety Petitions against Disbanding Shops shut Demands of the Army Charges against the eleven Members Declaration of the Army Desires of the Army Ireton Petition Petition All Addresses
Strickland were sent to Gravesend to entertain and conduct the Dutch Embassadour to the Parliament The City invited both Houses of Parliament to Dinner in Merchant Taylor 's Hall on such a day as the Parliament would appoint and the rather at this time the General Essex and the Earl of Manchester being in Town that the City might express their thankfulness to the Parliament for their unwearied labours and care for the defence and peace of the City and whole Kingdom The Houses returned thanks to the City and ingaged to live and die with them in this Cause and this was the rather contrived now that the Plot to raise differences between the Parliament and City and to bring in the King might appear to be the more frivolous The Parliament ordered publick thanks to be given at this Meeting at a Sermon and the Sunday after in all Parishes for the discovery and prevention of the Plot of Sir Bazil Brook A Ship laden with Arms and Ammunition sent from Bristol to relieve the King's Forces at Chester was by the Mariners compelling their Master brought in to Leverpool to the Parliament The Archbishop Laud was brought to the House of Peers and the impeachment against him read and he required to answer who said he was an old man and weak and could not answer without Counsel and desired a further time to answer which was granted Both Houses dined with the City at Merchant-Taylor's Hall in the morning they met at Sermon in Christ Church from thence they went on foot to the Hall the Trained Bands making a Lane in the Streets as they passed by First went the Lord Mayor and Aldermen in their Scarlet Gowns and the Common Council then the Lord General Lord Admiral Earl of Manchester and other Lords attended with divers Colonels and military Officers After the Lords came the Members of the House of Commons and the Commissioners of Scotland then the Assembly of Divines and as they went through Cheapside on a Scaffold many Popish Pictures Crucifixes and Superstitious Relicks were burnt before them The Lord Howard of Escrick petitioned for reparation of his losses by the Cavaliers out of Delinquents Estates The 22. of January being the day appointed for the Anti-Parliament to meet at Oxford the Parliament at Westminster called the House and there appeared 280 of their Members besides 100 more in the service of the Parliament in the several Counties and now they expelled by vote 40 Members who had deserted the Parliament The Anti-Parliament met at Oxford but have not taken upon them the name and power of Parliament The first day of Hillary Term the Commissioners of the Seal and the Judges sate in the several Courts at Westminster Hall The Ordinance passed That if any should deliver Proclamation or other thing to any persons from Oxford or sealed with any other Great Seal than that attending the Parliament that they should be proceeded against as Spies according to Marshal Law Monsieur de Harecourt sent a Letter to both the Speakers but not intituling them Speakers of the Parliament but only Messieurs Grey de Werke and Lenthall upon which the Parliament refused to accept the Letters Colonel Mitton routed a Party of the King's Horse convoying Arms and Ammunition to the Besiegers of Nantwich Mitton fell upon them unexpectedly killed many took Sir Nicholas Byron Governour of Chester Sir Richard Willis one hundred inferiour Officers and Troopers one hundred and fifty Horse and Arms and all the Ammunition and Powder which they brought from Shrewsbury The Lord Lovelace wrote to Sir Henry Vane Junior to perswade a Treaty of Peace and to raise divisions among the Parliaments party The House authorised Sir Henry Mr. St. John and Mr. Brown to keep a Correspondence with the Lord Lovelace to sift what they could out of him and his Lordship was too weak for these Gentlemen Three hundred Native Irish Rebels landed at Weymouth under the Lord Inchiquin to serve his Majesty Divers Papists Servants about the King's Children were removed Ogle for the King wrote to Mr. Thomas Goodwyn and Mr. Nye of the Independent Judgment to make great promises to them if they would oppose the Presbyterian Government intended by the Scots to be imposed on England and much to that purpose These two being persons of great Judgment and Parts acquainted their Friends herewith and were authorised to continue a Correspondence with Ogle who gained no ground upon them No more could Ogle upon the Governour of Ailesbury nor upon Mr. Davenish the one was sollicited to betray Ailesbury and the other Windsor with mountainous promises from Ogle on the King's part but all were refused The Scots Army now entred England were eighteen hundred foot and thirty five hundred of horse and Dragoons The Recorder and Citizens of London presented a Petition to the Commons for dispatch of the business of the Accounts of the Kingdom and for recruiting and reforming the Armies This gave a stroke of jealousie and discontent to Essex and his friends and the more because the House so well entertained it The Commons ordered Worcester-house to be furnished for the Scots Commissioners who desired some Members of both Houses might be appointed as a joynt Councel with them A Trumpet came from Oxford with Letters to the General and a Parchment-Roll signed by the Prince the Duke of York Duke of Cumberland Prince Rupert about fourty Lords and one hundred Knights and Gentlemen sometime Members of the House of Commons and now met by the King's Proclamation at the Assembly at Oxford to debate of the State and Peace of the Kingdom and to prevent effusion of more blood And therefore they desire the General to treat with his Friends and those by whom he is imployed not naming the Parliament to appoint a time and place to treat of Propositions of Peace The General acquainted the Parliament herewith who would not own nor receive the Letters having no Directions to them but left it to the General to return an Answer An Ordinance past to recruit the Lord General 's Army to 7500 Foot and 3000 Horse and Dragoons and they to have constant pay only eleven Officers to have but half pay The Forces of Sir Thomas Fairfax and Sir William Brereton joyning together marched to relieve Nantwich The King's Forces before the Town drew out to fight them and gallant Actions were performed on both sides the event of the Battel was long doubtful till unexpectedly the King's Forces gave ground and were pursued by the Parliaments till they were totally routed and dispersed There were taken Prisoners Major General Gibson Earnley Sir Richard Fleetwood Sir Francis Boteler an Irish Rebel Colonel Monk who afterwards served the Parliament and this was his first turn Colonel Gibs Harmon Sir Ralph Downes fourteen Captains twenty Lieutenants twenty six Ensigns two Cornets two Quarter-masters forty Drums forty one Serjeants sixty three Corporals and
Maurice General Ruthen and the Lord Digby for the Parliament were Colonel Berkley Colonel Wichcotes and Colonel Butler who agreed upon Articles Sept. 2. to this effect To deliver up to the King all their Artillery with all their bag and baggage no person under a Corporal to wear any kind of weapon all Officers above to wear onely sword and pistols there were delivered up 40 pieces of brass Ordnance 200 barrels of Powder Match and Bullet proportionable 9000 Arms for horse and foot Some of the private Soldiers listed themselves in the King's service and some of the rest as they marched forth being pillaged by the King's Soldiers Skippon rode up to the King who stood to see them pass by and told him it was against his honour and justice that his articles should not be performed that his Soldiers did pillage some of the Parliaments Soldiers contrary to the Articles and desired his Majesty to give order to restraine them The King thereupon gave a more strict command for the punctual observation of the Articles and Skippon with his men marched to Poole We may take notice by this chiefly and by several other passages of the uncertain issues of War and of the overruling hand of providence in Martial affairs as much if not more than in other matters It was but a few weeks before that Essex and Waller with two great Armies were in pursuit of the King who could scarce find a way to avoid them and the Parliaments power and expectation was far above that of the King Now the dye of War is turned another way the Parliaments Army is defeated disarmed and dispersed and the King becomes Victorious This did much affright some of the Parliament party and caused several discourses among them Divers who were no friends to Essex inveighed against him as one that had quitted his Command and deserted his Army in the greatest danger others excused and commended him for this action by which means onely he could reserve himself his Officers and Souldiers to doe the Parliament further service Others condemned Waller Manchester and Middleton for not hastning more to the assistance of the General every one vented his own fancy and censure but doubtless he was a person of as much integrity courage and honour as any in his age he was brought into this noose by the wilfulness of others and though his enemies took advantage against him upon it yet many thought others to be more in fault than the General Letters from Scotland informed the Parliament that the Marquess of Argyle had taken 500 of the Rebels which came over with the Earl of Antrim to disturb the peace of that Kingdome The General having thoughts to come up to the Parliament to give them a particular account of this unhappy action and to excuse himself to the Parliament they wrote to him that they continue fully satisfied that he was not wanting to use his utmost endeavours in that service and were well assured of his fidelity desiring him to entertain no thoughts of discontent or discouragement but to go on in the managing of the VVar Sir Will. Waller and other forces being ready to joyn with him The Commons took order for supplies of Cloaths and Arms for his Souldiers and for the Earl of Manchester's marching towards him and appointed a day of publick Humiliation The Sickness being at St. James's the Parliament ordered the removal of the King's Children from thence to Whitehall Colonel William Strowde wrote to the House that 300 men of the adjacent parts were come to him to serve the Parliament and that he had sent from Wareham 1000 Arms to the Lord General A Committee of both Houses were sent to give entertainment to the Chancellour of Scotland who was newly come to Town The Lord Roberts was made Governour of Plymouth By Letters from Sir Thomas Middleton the House was informed that Lieutenant Colonel Tyll being sent by him took Sir Thomas Gardiner the Recorder's Son with his Officers and forty of his Troupers Prisoners and the rest fled that he also took two Colours and four wayneload of Powder and Ammunition Lieutenant General Lesley fell upon the Forces of Sir Philip Musgrave and Colonel Fletcher in Westmorland killed divers on the place took above 100 Prisoners two foot Colours a Standard and scattered the rest The King marched out of Cornwal and sent a summons to Plymouth to be rendered to him but they returned a positive answer in the negative Prince Rupter marched towards the King but with a small force About 1500 of the King's foot out of several Garrisons mounted for Dragoons by night marched towards Basing-house Colonel Norton and Colonel Morley took the Alarm Norton charged them and brake through them but they with great courage wheeled about and charged Norton's whole body who retreated unto Colonel Morley's Quarters In the mean time they got some supplies of Ammunition and Provisions into the House Norton and Morley faced them but they would not fight but retreated back again and were pursued and 150 of them killed and taken one Major with other inferiour Officers Norton had a slight hurt in the hand and lost but one man but the house was relieved This party of the King 's gave an Alarm to Brown at Abington who shortly after gave an Alarm to them at Oxford and brought away 40 of their fat Cattel Salt and other provisions Sir Rich. Greenvile attempted thrice by Storm to enter Plymouth but was repulsed Middleton routed Prince Rupert in his passage towards the King with seven hundred horse took divers of his Officers and about ninety common Souldiers prisoners Brereton routed the Earl of Derby coming to relieve Leverpoole and killed and took five hundred of them and put the rest to flight An Ordinance passed the Commons for Ordination of Ministers and was sent to the Assembly for them to add Ministers Names who should give Ordination A difference was between the Lord Grey and the Association of Leicestershire The King sent a Summons to Plymouth That God having given him Victory over the Rebels he desired to reduce his people by Acts of Grace and promised especial favour to Plymouth if they would render the Town to him and that they should have no Garrison A Letter was likewise sent at the same time from the Lord Digby to the Lord Roberts Inviting him upon high Ingagements of Preferment and Honour from the King to surrender the Town up to him But they prevailed neither with the Governour nor with the Townsmen but they all prepared for defence and the Enemy endeavouring the same day to storm the West-end of the Town were repulsed with great loss in which action the Seamen did gallant service The King 's whole Army besieged the Town but they having four thousand foot and eight hundred horse did not much fear their Besiegers but the Lord Roberts wrote for some supplies which were ordered for them A Letter from the King was
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
Second Charter dated anno 15. of his Reign he sayeth In Honour of King Edward who made me his Heir and adopted me to rule over this Nation In his Charter dated 1088 of the Liberties of St. Martins the Great in the Manuscript thereof are these words In Example of Moses who built the Tabernacle and of Solomon who built the Temple Ego Gulielmus dei dispositione Consanguinitatis haereditate Anglorum Basileus c. The Charter of H. 1. his Son to this Abby In Honour of Edward my Kinsman who adopted my Father and his Children to be Heirs to this Kingdom c. In another Charter of Henry 1. in the Book of Ely he calls himself the Son of King William the Great who by hereditary right succeeded King Edward It is true that as to his pretence of Title by the Will of the Confessor Mathew Paris objecteth That the device was void being without the consent of the Barons To which may be answered That probably the Law might be so in H. 3. time when Paris wrote and was so taken to be in the Statute of Carlisle and in the case of King John But at the time of D. Williams Invasion the Law was taken to be That a Kingdom might be transferred by Will So was that of Sixtus Rusus and Asia came to the Romans by the Will of King Attalus the words by Annaeus Florus are Populus Romanus bonorum meorum Haeres esto Bythinia came to the Romans by the last Will of their King Nicomedes which is remembred by Utropius together with that of Lybia Cicero in his Orations tells us That the Kingdom of Alexandria by the last Will of their King was devolved to Rome And Prasitagus Rex Icenorum in England upon his death-bed gave his Kingdom to the Emperour Nero. As to Examples in this point at home this King William the 1. by his Will gave England to his younger Son William Rufus King Steven claimed by the Will of Henry the first King Henry 8. had power by Act of Parliament to order the Succession of the Crown as he pleased by Will. And the Lords of the Councel in Queen Marys time wrote to her That the Lady Janes Title to the Crown was by the Will and Letters of Edward 6. As the Case of Henry 8. was by Act of Parliament So Duke William after he had Conquered Harold was by the general consent of the Barons and People of England accepted for their King and so his Title by Will confirmed And he both claimed and Governed the Kingdom as an Heir and Successor confirmed their antient Laws and ruled according to them This appears by Chronica Cronicorum speaking of William the Bastard King of England and Duke of Normandy he saith That whereas St. Edward had no Heir of England William having conquered Harold the Usurper obtained the Crown under this Condition That he should inviolably observe those Laws given by the said Edward It is testifyed likewise by many of our Historians that the antient Laws of England were confirmed by Duke William Jornalensis sayeth That out of the Merchenlage West-Saxon-Lage and Dane-Lage The Confessor composed the Common Law which remains to this day Malmsbury who lived in Duke Williams time sayeth that the Kings were Sworn to observe the Laws of the Confessor so called sayeth he because he observed them most religiously But to make this point clear out of Ingulphus he sayeth in the end of his Chronicle I Ingulphus brought with me from London into my Monastery Crowland the Laws of the most righteous King Edward which my Lord King William did command by his Proclamation to be anthentick and perpetual and to be observed throughout the whole Kingdom of England upon pain of most heinous punishment The Leiger Book of the Abby of Waltham commends Duke William for restoring the Laws of the English Men out of the Customes of their Countrey Radburn follows this Opinion and these Laws of Edward the Confessor are the same in part which are contained in our great Charter of Liberties A Manuscript entituled De gestis Anglorum sayeth That at a Parliament at London 4 W. 1. the Lawyers also present that the King might hear their Laws He Established St. Edward Laws they being formerly used in King Edgars time There is also mention of the 12 men out of every County to deliver truely the State of their Laws the same is remembred by Selden History of Tithes and Titles of Honour and in a manuscript Chronicle bound with the Book of Ely in Cottons Library One of the worthy e Gentlemen from whom I differ in Opinion was pleased to say That if William the Conquerour did not introduce the Laws of Normandy into England yet he conceives our Laws to be brought out of France hither in the time of some other of our Kings who had large Territories in France and brought in their Laws hither else he wonders how our Laws should be in French Sir I shall endeavonr to satisfy his wonder therein by and by but first with your leave I shall offer to you some Probabilities out of the History That the Laws of England were by some of those Kings carryed into France rather than the Laws of France brought hither This is expressly affirmed by Paulus Jovius who writes That when the English Kings Reigned in a great part of France they taught the French their Laws Sabellicus a Venetian Historian writes That the Normans in their Manners and Customes and Laws followed the English Polydore Virgil contradicting himself in another place than before cited relates that in our King Henry 6. time the Duke of Bedford called together the chief men of all the Cities in Normandy and delivered in his Oration to them the many Benefits that the English afforded them especially in that the English gave to them their Customes and Laws By the Chronicle of Eltham H. 5. sent to Cane in Normandy not only Divines but English Common Lawyers by the Agreement at Troys So there is much more probability that the Laws of England were introduced into France and Normandy than that the Laws of Normandy or any other part of France were introduced in England If the Normans had been Conquerours of England as they were not but their Duke was only conquerour of Harold and received as Hereditary King of England yet is it not probable they would have changed our Laws and have introduced theirs because they did not use to do so upon other Conquests The Normans conquered the Isles of Guernsey and Jersy yet altered not their Laws which in their local Customes are like unto ours The like they did in Sicily Naples and Apulia where they were Conquerours yet the antient Laws of those Countries were continued I hope Mr. Speaker I have by this time given some Satisfaction to the worthy Gentlemen who differed from me That the Laws of England were not imposed upon us by the Conqueronr nor brought over hither either out of Normandy or any