Order about Soldiers Widows and Officers 27. A report from the Commissioners who treated with the General and his Officers about part of the Army going into Ireland and the result of the Officers and about the Petition intended from the Army Order to desire the General to use means to stop the progress of the Petition and thanks were given to the Commissioners and the House declared the good esteem they had of the Army 29. The Lords desired the concurrence of the Commons to an answer to the last Message from the King That they cannot consent to his desire in sending any of his Chaplains named in his Letter because they are disaffected to the present Government of the Church and have not taken the Covenant but for others of his Chaplains who have taken the Covenant if his Majesty please they will send them to him They desired the Commons concurrence also to the Ordinances for putting down Countrey Committees for prohibiting the killing of some flesh meats for eight weeks and for power to the Northern Committee Letters to Col. Harley and Col. Rossiter Members of the House from some of their Soldiers informed that the Petition of the Army was carried on and was subscribed by many and those who refused it threatned to be cashiered and that the subscriptions were to be sent to Lieutenant General Hammond Col. Hammond Col. Ireton Col. Rich. Order that a Letter be written from the Speaker to the General to hinder the progress of this Petition and a Declaration to require a desisting in it By this we may take notice how soon the Officers and Soldiers of an Army though never so successful and well disciplined will through want of Action fall into disorder and designs of trouble The Parliament took great care to prevent this and others were as busie to foment it Hammond Ireton Skippon and others were ordered to reside in the Army and some of their Quarters to be removed Car. 23 Vote that three Regiments of Horse under M. G. Pointz C. Bethel and C. Copley be continued and all the Foot of the Northern Association except those in Garrisons to be disbanded and all the Foot in England and Wales except those in Garrisons or such as are to be sent for Ireland shall be disbanded At a second meeting of the Officers of the Army at Saffron Walden by the desire of Sir William Waller and the rest of the Parliaments Commissioners this question was propounded to every Officer distinctly Whether upon the Votes and Resolutions of the House of Commons now read do you find cause to alter or recede from the third quaere concerning assurance of pay and subsistence It was resolved in the Negative by all except Col. Harley Col. Fortescue and Capt. Young The same question being proposed concerning the fourth Article To have satisfaction in payment of Arrears and Indemnity Resolved in the Negative by all except Captain Young The like question being proposed concerning the first quaere To know what particular Regiments Troops or Companies of this Army are to be continued in this Kingdom it pass'd likewise in the Negative All referring to the Votes yesterday Several other Officers that came in to the meeting agreed with the other Captain Young receded from what he concurred in yesterday and resolved upon the main question That he will engage with as many of his Soldiers as he can get and several other Officers did the like 30. Divers Compositions passed Letters from St. Malloe in France advising that a Pyrate about Jersey had made Prize of a vessel of the Parliaments going for Ireland with Cloath and Apparel for six thousand Soldiers Order for a Letter to the Parliaments Agent in France to desire the King to seize the Pyrate and restore the Ship The Lords desired the concurrence of the Commons to some desires of the Dutch Ambassador and for a Pass for him to go to the King and to an Ordinance for setling the Militia of London A Committee named to treat with the City of London about the loan of two hundred thousand pound upon the Assessment of sixty thousand pound per mensem that they might provide Money for sending the Forces into Ireland and to pay off those that were to be disbanded and to pay the Army here Both Houses passed a Declaration against the Petion in the Army as set on foot by some evil Spirits purposely to raise a Distemper and mutiny in the Army Pardons what is past and forbids further proceeding by any of them in that Petition The Parliament of Scotland named their Commissioners to joyn with the Commissioners of the Parliament of England to perswade the King to pass the Propositions for Peace Harleigh Castle the last in Wales surrendred to Col. Mitton whose Soldiers put a Guard upon Col. Jones for their pay 31. Very long Prayers and Sermons this Monthly Fast day as usual April 1647. April 1. Orders for the Letter to the Agent in France and for Ships to keep in Pyrates Voted That the Civil Government in Ireland shall be distinct from the Military and be by two Lords Justices as formerly That the Military Government shall be by a Commander in Chief and be to be directed by Commissioners on the Place Sir William Waller was named to be Commander in chief there but it came not to the Vote Letters from Sir Thomas Fairfax informed that he had Communicated the Letter and Votes of the House to the Officers of his Army touching the Petition on Foot among them That they expressed a deep sence of their unhappiness in being misunderstood in their clear intention which were no other than by way of Petition to represent to him those inconveniencies which would necessarily befall most of the Army after disbanding desiring that as much as he should think fit might submissively be made known to the House of Commons and assuring him that they would wholly acquiesce in whatsoever he should think fit to offer and the House to grant That he had sent up Hammond Lilburne and some other Officers to give the House a full account of this business and that he doubts not of the Armys Obedience Hammond Pride and the other Officers sent up by the General were called into the House and Pride was charged to have read the Petition at the head of a Regiment where was threats to those that should not subscribe it which Pride denyed and they were all required to return to their charges and to suppress the Petition 2. Debate of the Ordinance for the Militia of London Vote That the Commander in Chief of the Forces in Ireland should be stiled Field-Martial and his pay be six pound a day and Major General Skippon to be Field Martial there and that Golonel Massey should be Lieutenant General of the Horse under him A Committee of both Houses named to go into the City for borrowing two hundred thousand pound for the service of England and Ireland 3. The House
the West before the Judges inveighed against the Proceedings of the Parliament 10 Letters that both the English Army and the Scots likewise were in want of Provisions That in the last encounter with M. G. Straghan 200 of his Party were slain and 109 of his Troopers taken Prisioners and 60 Countreymen that the Parliaments Forces had but 6 killed and about 40 wounded who were sent by Sea with a Chyrurgeon to Berwick That the General sent the chief Officers of the Scots who were wounded and taken in his own Coach to Edenburgh and the rest in Waggons and took Parolles of others That the King sent out a Proclamation requiring all Gentlemen to depart Edenburgh in regard of the scarcity of Provisions 12 Letters that the Scots sent out a great Party of Horse and Foot and the General sent out a Party to attend their motion least they should go for England That by reason of the great Storms the Ships with Provisions from London could not come up to the Army so that they were in great Streights The General and Army sent a Reply to the Scots Answer to the Declaration of the Army and their insinuating Letter to the under Officers and Souldiers of the English Army was fully answered in a Letter from the General 13 An Act passed for explaining a former Act touching the Fee-farm Rents An Act passed against Atheistical Blasphemous and Execrable Opinions Several Votes passed by way of Instructions to the Commissioners of Goldsmiths Hall and Habberdashers Hall That Captain Wyer with one of the States Ships of 22 Guns being commanded to convoy four Ships of Hull was set upon by six Irish Frigots fought with them 12 hours after the four Hull Merchants Ships were run away and came off from them though much torn with the loss of one man 14 Letters of Prizes taken at Sea from the French 15 Sentences by a Court Marshal of Souldiers for Mutiny and Misdemeanours Letters of a rich Ship of Hull taken by the Irish and Scots Ships That the Plague was decreased in Ireland That Charlemont sent to Sir Charles Coot to treat but he denyed it That the General his Coach and Waggons sent with the Scots Prisoners to Edenburgh were not permitted to come into the Town because they had not buryed their dead but they sent Horses for their wounded men to Arthurs Hill and sent back the Coach and Waggons That 10 Scots Prisoners were taken by C. Okey That the Army retreated to Dunbarre to meet and take in their Provisions brought thither by Sea Upon C. Hackers approach to a House where a Party of Scots were they quitted it and Hacker had in it store of Meal and Provisions That the City of Coventry raised a Regiment of 1100 of the choicest Citizens for their Militia 16 Letters that C. Ingoldsby with a few of his Dragoons fell upon a great Party of the Enemy that came out of Lymerick to plunder killed about 20 of them and pursued the rest to the Gates of the City That a Party from the Camp before Carlowe fell upon a Party of the Enemies Horse took about 40 Horse but the Men fled to Boggs and escaped That C. Phayers took in the Castle of Kilmorry which was surrendred to him upon Quarter for Life and in it were 82 private Souldiers besides Officers That Lymbricke desired some conditions of Newtrality but C. Ingoldsby denyed them That Captain Mildmay had a sharp Fight with one Frigot against three French Men of War and took one of them who had 16 Guns whereof 4 were brass 17 Letters that the Army at Dunbarre received their Tents and Provisions from the Ships and two days were spent in Exhortations to the Army and in seeking God for his Blessing upon their Action and then they again advanced towards Edenburgh That C. Andrews a Lawyer sometimes of the Kings Party was sentenced by the High Court of Justice to death 19 Letters that a Trumpet came to the Army from Lt. G. David Lesly with an Answer from the Commissioners of the General Assembly to the General his last Letter Execution of the Sentence of a Court Marshal upon 5 Souldiers for offering violence to a Country man and his Wife and Family and Goods That the Inhabitants of Dunbarre were in such want of Provisions that they pickt the Beanes from the Horses off the ground and eat the Sheeps Guts which were thrown away by the Souldiers That the Countreymen are so inslaved to their Lords that they cannot get any thing considerable of their own before hand and many of their Women are so sluttish that they do not wash their Linnen above once a Month nor their hands and Faces above once a year The General caused the Commissioners to distribute a great Proportion of Pease and Wheat to the value of 240 l. of that which was sent from London to the Army among the poor People of Dunbarre yet when they can have an Advantage the Countrey robbed and killed many of the Souldiers That upon the Armies return to Muscleburgh they found it more forlorn than before Lesly having commanded That the Gude Women of the Town should awe come away with their Gear and not any stay to brew or bake for the English Army on pain of death That the Ministers in Edenburgh gave God thanks for turning back the Army of Sectaries by the way that they came and string a Terrour into their hearts which made them flee when none pursued That Captain Bull with the Adventure Frigot fought with a French Man of War and sunk her some of her men saved upon Quarter about 120 of them killed and drowned 20 An Act passed for continuing the Excise for three years longer An Act passed for Authorizing Commissioners of the High Court of Justice to issue their Warrant for beheading of Mr. Andrews according to his Petition to the Parliament and the like in other Cases notwithstanding their sentence for hanging drawing and quartering Power of naming Fellows and Demies in Magdalen College in Oxford ordered to be left to the then President Letters that the Armies returning to Muscleburgh the Scots Ministers were ashamed of their Thanksgiving for their running away That Provisions and Tents were distributed to the Horse and Foot Divers Scots killed and taken at meeting of several Parties That a Dutch Ship laden with Goods worth 50000 l. was wracked near Pembroke That the Grand Jury at Hereford Assises presented a Remonstrance to the Judges of their readiness to assist the Parliament against the Scots 21 Letters that M. G. Langhern in Wales and other Gentlemen there and in other places were secured upon suspicion of designs by them against the Parliament 22 Letters of some Fights at Sea between the Parliaments Frigots and some French Men of War who were soundly beaten Mr. Euseby Andrews was beheaded at the Tower-Hill according to the sentence of the High Court of Justice and died very resolutely 23 Letters that the Army
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
Judges were sent for to be consulted with touching the Tryal of the Lord Audley who was Indicted for a Rape committed upon his Wife with his assistance by one of his own Servants and for Buggery The Tryal was very solemn before the Lord Keeper made Lord High Steward for that day and eight Judges Assistants and twenty seven Peers the Jury or Judges of the Fact The Matters were of the most horrid and foul wickedness that ever was heard of and therefore I have esteemed it not convenient to preserve the memory of the particulars of such infamous and beastly Abominations By Letters from the Lord Keeper all the Judges of the King's Bench were required to come up to London and the business was for their Advice touching the Conference had in Germany between certain Scots about making of the Marquess Hambleton Head of a Party against the King and his Kingdoms of England and Scotland and what was sit for the King to do thereupon The Lord Rea a Scotch Baron did Impeach Ramsey and Meldram for moving him to this Conspiracy They denied it punctually and no Witness could be produced Ramsey a Souldier offered to clear himself by Combate that he was innocent and the Appellant Rea accepted of the Challenge The King was desirous it should be put upon a Duel and the Judges were consulted with 1. What the Offence was 2. Where the Tryal should be 1. They all with the Lord Keeper were of Opinion That it was an high and horrible Treason if that in the Examinations were true 2. That the Tryal might be by an Appeal of Treason upon which Combate might be joyned but that the King must make a Constable durante bene-placito for the Marshal could not take the Appeal without him and that it must be after the manner of the Civil Law the Judges not to intermeddle Car. 6 The Judges were also of Opinion That this proceeding before the Constable and Marshal was as it was before the Stat. 35 H. 8. c. 2. and that that Statute devised a way how to try foreign Treasons in England but did not take away the other and that the Stat. 1 Mar. cap. 10. did not take it away nor intend it and that a Conviction in this Appeal was no corruption of Blood nor a forfeiture at the Common Law According to the advice of the Judges there was a Court of the Constable and Marshal appointed and the Earl of Lindsey made Constable for that purpose and the proceedings between Rea and Ramsey in that Court were very solemn and multitudes of people attending that Novelty In this Tryal it was delivered for Doctrine That if the Defendant do send a Challenge to the Appellant it is a proof of the Defendant's guilt That no Testimony is to be neglected in matter of Treason And the Story in Livy was cited That it is not base to undergo any Office to save a Nation but that it was unbecoming a gentle-man to fish for Circumstances and then to be an Informer That in France the holding up of the Hand is taking an Oath and in this Case it was urged That if Ramsey be guilty of Treason that Rea is so likewise for that both did speak the words in the Accusation The Business was taken up by the King through the interest of the Marquess Hambleton whose Servant Ramsey was and the Lord Rea returned to his Command under the King of Sweden in Germany Sir Nicholas Hyde chief Justice of the King's Bench died in August this year he was promoted to that place by the Duke of Buckingham and demeaned himself in it with good Integrity and prudence in those difficult times he was somewhat reserved and not affable In Michaelmas Term certain Questions were propounded to the Judges touching the Clergy 1. Whether Clergy-men were bound to find Watch and Ward Day or Night To this the Answer was deferred till the Judges had informed themselves of the practice in the Countries where they went Circuit 2. Whether Clergy-men might be compelled to take Apprentices by the Stat. 43 El. of the Poor On this all agreed that no man was out of the Statute but there was a discretion to be used in the Justices of Peace to consider where it was fit to put the Child to be kept and where it was fitter to take money toward the putting of it out And it was held that the meaning of the Statute was not for the Education of them in Arts but for Charity to keep them and relieve them from turning to Roguery and Idleness so a man's House was as it were an Hospital in that case rather than a Shop of Trade for they might be brought up to Husbandry Cookery Dayery and the like Services in an house This Case I have reported because it sheweth somewhat of the expectation and temper of the Clergy in that time The same likewise appeared by proceedings against some of the University of Oxford for Sermons preached by them against Arminianism and upon other Points of Religion then in Controversie upon which divers of them were censured and some expelled the University Much difference of Opinion was also preached and published touching the Observation of the Lord s-day And in the North they kept their Wakes and Ale-meetings upon the Sabbath-day Whereof complaint being made at the Assizes Judge Richardson was so hardy as to make an Order to suppress them But the Bishops took this as an Intruding upon the Ecclesiastical Power and Bishop Laud complaining of it to the King the Judge was checkt and occasion was taken from hence to republish the former Book for allowance of Pasttimes upon the Lord's-day which was not very pleasing to many who were no Puritans as well as to them generally About this time the Repair of Pauls was set on work chiefly by the Zeal of Bishop Laud and new Images and Ornaments other than formerly were set up to the discontent of many persons The King came himself to this Church and made a kind of Procession to view it and granted a Commission to some Bishops and others to have a Contribution and to see the Work done Some affirm that about Eighty thousand pounds was gathered for it and Sir Paul Pindar is remembred to have laid out Nineteen thousand pounds of his own Money towards it A piece of London Bridge was burnt down The King fell sick of the Small-pox but was well recovered again to the joy of his Subjects Anno 1632. Car. 8 The Chancellor of Poland came Ambassador hither for Assistance against the Turks and got some Money and two thousand Men of our King He was bred up a Lawyer and at length came to be a principal Civil Officer of Justice and was also at the same time a great Commander in the Army In November our Queen was brought to Bed of the Princess Mary Our King sent an Ambassador to the King of Sweden in behalf of the Prince Elector in
sent up to the Lords for payment of five hundred pound to Mr. Phips out of the Marquess of Wintons Estate for which Sir John Danvers was ingaged A Scotch Minister Preached boldly before the King at New-castle and after his Sermon called for the fifty second Psalm which begins Why dost thou Tyrant boast thy self thy wicked works to praise His Majesty thereupon stood up and called for the fifty sixth Psalm which begins Have Mercy Lord on me I pray for men would me devour The People waved the Ministers Psalm and sung that which the King called for 16. An Ordinance sent up to the Lords for disposing four thousand five hundred and fifty pounds Arrears of the Joynture of the Countess of Essex by reason of her delinquency Sir David Watkins called into the House denyed the words which Mr. Pennoyer justified to be spoken by him of Sir John Evelin and said he heard them from one Mr. Drake who was ordered to be sent for The two Speakers continued Commissioners for the great Seal twenty days longer Order for the Committee of Elections to sit and for reports every Monday from the Committee of Priviledges The Lords concurrence desired to the Treaty for the two hundred thousand pound and a hundred thousand pound of it sent away 17. Order for three thousand pound for the poor Widows c. Hostages agreed to the Scots for the two hundred thousaud pound Sir William Selby Mr. Dela Vale Sir Edward Loftus Sir Tho. Trollop Sir H. Mildmay and Sir William Browton Mr. Drake called in about speaking the words touching Sir Jo. Evelyn named one Dr. Aldwyn who said he heard it from a Member of the House referred to a Committee 18. To the Scots Paper desiring aid of this Kingdom against the Rebels in Scotland the House answered that that was no obstruction of their March or delivery up of the Garrisons which being done then the House would consider of that particular To that of charging the Countrey upon their March out of England was answered That they should take no money nor goods of the English Subjects but pay and discharge all their quarters and the form of their Receipts for the two hundred thousand pound was agreed upon The Committee of both houses ordered to meet about disposing the great Seal Sir Thomas Fairfax went towards Northampton to give order for the Convoy of the Scots Money and fifty thousand pound was carried thither for his Army 19. Order for two thousand pound for Sir Peter Killegrew for his Interest in Pendennis Castle and for a thousand pound for the burying of the Earl of Worcester and the Lord Dockra to be according to the Directory The Lord Mayor Aldermen and Common-Council and many Citizens of London presented the Petition formerly mentioned first to the Lords who gave them thanks then to the Commons who after much debate gave them thanks for all their good Services and appointed a day to consider of the Petition and also the Petition of the Gentry of Durbam Another considerable party of the City were about a different Petition 31. Orders touching the payment of the second two hundred thousand pound to the Scots and that they should not take free quarter These to be Communicated to the Scots Commissioners The Earl of Stamford for the Lords and Mr. Ashhurst and Mr. Goodwin for the Commons named Commissioners to go into Scotland to satisfie the Parliament there of all proceedings and to prevent misunderstandings between the two Kingdoms and a Committee appointed to draw instructions for them Upon a Petition of many of Durham that the Scots Army may be removed and twenty five thousand six hundred sixty six pound paid due to them since 1641 and that they may send Knights and Burgesses to the Parliament the House gave this answer that they were sensible of the Countreys sufferings and had taken course to remove the Armies and concerning their electing Knights and Burgesses for the Parliament it was referred to a Committee Col. Hoskins voted to be Governor of Lynne Both Houses agreed to an Ordinance for maintaining of the water-guards And the Lords sent an Ordinance to the Commons that none be permitted to Preach or use publick Exercise but such as had taken Degrees in the Universities and another Ordinance against such as shall disturb the Ministers in their publick Exercises 22. The House agreed that Sir Rich. Lloyd Governor of Holt should have liberty to go beyond Sea and carry three hundred pound with him and his Wise to enjoy his Land being three hundred pound per An. and they voted that Holt Flint Harding Rotheland and Ruthen Castles should be slighted Sir William Listers Lady ordered to have six hundred and ten pound of her Husbands Arrears and two thousand pound to Col Carter and five hundred pound to Major General Skippon for his extraordinary charges in convoying the two hundred thousand pound The Lords sent their Vote to the Commons That the King should come to New-Market upon the Scots Army marching away Upon debate of the City Petition the House Voted first to insist upon the breach of Priviledge in the way of this Petition and then to consider of the particulars of the Petition and for that purpose referred it to a Committee The Earl of Northumberland acquainted the Lords that some persons had a Plot to steal away the Duke of York and to carry him beyond Sea and that by advice from his Majesty two that were in the Plot were apprehended and the rest escaped Mr. Hudson the Kings Guide to the Scots was taken again by Major General Pointz and his Examination sent up to the Parliament Some Proposals from the Lord L'isle Lieutenant of Ireland for supplyes and Moneys to carry on the War there and that he would go over thither in person 23. Letters from Ireland informed That proposals were received by the Marquess of Ormond from the Rebels That the Roman Catholick Religion may be free and publick as in Paris That the Garrisons may be in their hands All Counsellors Officers and Soldiers to take an Oath to fight against the Parliamenteers and never to make Peace with them The Scots Hostages given in A Letter directed to General Leven that no free quarter be taken by his Soldiers in their march for Scotland Order for Mr. Allen to provide a Jewel as a gift of the House for General Leven Order for five hundred pound for Mrs. Chichester and four pound per mensem for the Lady Denny Widows The Duke of York confessed that the King his Father sent to him to get away Great use was made of a Press at London to Print the Lord Chancellor of Scotlands Speeches the London Petition and other things at New-castle 24. The Commons dissented from the Vote of the Lords for the Kings coming to New-Market and voted his coming to Holmesby-House in Northampton shire and to be those with such Attendants as both Houses shall think sit
further accountable for the Duke The Commons ordered the allowance to the Duke of York to be taken off and an increase of allowance to the Duke of Glocester and that the Earl of Northumberland may remove him and his Sister to Sion House or Hampton Courr An Information concerning two Gentlemen relating to Everards business referred to the same Committee The General and his Officers kept a Fast-day at Windsor and the next day a Captain and others had their Tryals begun by a Councel of War Col. Poyer fell upon a Party of the Parliaments Forces under Col. Flemming routed them and killed and took most of them May 1648. May 1. Debate touching the business of the Church The Ordinance against Blasphemy and Heresie in some cases the punishment being death in other cases Abjuration c. passed both Houses but not without much opposition Order of both Houses for Ely House to be for the Sick and Wounded Soldiers Ordinance transmitted for placing of a Minister in Bathe Order for the Members of every County to present to the Commissioners of the Great Seal fit persons to be Justices of the Peace Letters from Bristol of some there privately listing for the King and the Forces there are cold in suppressing them Order for the Committee at Derby House to consult with the General about it Letters of the South-Welch rising in several places against the Parliaments Forces and driving away their Cattle and carrying away their Corn and Goods where the Parliaments Forces come not a Horse-shooe nor Smith to be found there Lieutenant General Cromwell ordered by the General to go into South-Wales with two Regiments of Horse and three Regiments of Foot Letters from Scotland that the Parliament there passed a Declaration thirty one protesting against it and the Clergy dissenting that two hundred and ten Barons and Lords met to perswade the Countries to rise in defence of Religion the King and Church 2. Vote for five thousand pound for repair of the Works of New-Castle and Tinmouth the like for Hull Scarborough and other Northern Garrisons and six thousand pound for Bristol Letters that Berwicke was surprised by Sir Marmaduke Langdale Sir Charles Lucas and other English with a Party of a hundred Horse pretending a Commission from Prince Charles that the Major endeavoured to get strength to oppose them but could not referred to the Committee of Derby House and the General Letters from the General that he had ordered the Regiments at White-Hall and the Meuse and other Forces near London to remove further off unless the Houses should give order to the contrary The House ordered a Letter to the General to stay the removal of those Regiments till farther order and a Committee to treat with the City what guards they will provide for the Houses if those Regiments be removed The General likewise acquainted the Houses with his sending Lieutenant Cromwell into Wales and with the not payment of Assessments whereby the Soldiers would be inforced to take free Quarter the House passed instructions to the Committee of the Army and Officers to rectifie it The Common Councel returned thanks to the Parliament for their confidence in the City and assured them that when the Forces of the Army should be removed the City would stand by the Parliament for their security The City allowed six hundred pound per An. to Major General Skippon Petitions to the Cities Common-Councel That the Impeached Aldermen may not be tryed by the Lords but by their equals That there may be a new Committee of the Militia every year the Lord Mayor and Sheriffs to be part and the rest to be chosed by the Common-Councel and approved by the Parliament and the Lieutenant of the Tower to be under the Cities Command referred to the Committee 3. Letters from the Lord Chancellor of Scotland by command of the Parliament there with their demands to the Parliament of England to this purpose 1. That the King may come to some of his Courts near London to abide with Safety Honour and Freedom 2. That a Personal Treaty may be had with his Majesty 3. That the Independent Schismatick Army may be Disbanded and none put into Garrisons but such as will take the Covenant and both Kingdoms may conside in 4. That all Anabaptists Separatists and Independents may be suppressed and no Toleration allowed for any of them 5. That all absent Members may be sent for to perform their duties in Parliament 6. That the Covenant may be inforced upon all men 7. That the Presbyterian Government may be effectually setled These demands were thought by some to be very strange a day was set for the debate of them Information of Tumults by the Malignants in Colchester Order for Letters to be sent to some Forces of the Army in that County to quiet them and the Committee at Derby House to take care thereof A Petition from many thousands Knights Gentlemen and Free-holders in Essex expressing the reason of their desires which were For a Personal Treaty with his Majesty that a course be taken for satisfaction of the Arrears of the Army with a disbanding of the same The Lords gave thanks to the County of Essex for their good affections and let them know that they would take their Petition into a serious and speedy consideration and not be wanting to contribute to their endeavours for the ease of the Countreys burdens and setling of a good Peace The Commons gave this Answer to the Petition That they take notice of the great service and good affections of that County to the Parliament and are consident they will so continue and as to their Petition the House is now in debate concerning the speedy settlement of the Kingdom and do not doubt but what they shall conclude there upon will give satisfaction to that County and to all well affected people It was earnestly pressed to have the words thanks of the House expressed in this Answer but it was carried in the Negative 5. Debate of the Letters from Scotland The Houses declared That they are resolved to maintain the Covenant and Treaties between the two Kingdoms and that they will be ready to joyn with Scotland in the Propositions presented to the King at Hampton-Court Order for Forces for the Northern parts and to put those Countries into a posture of defence and referred to the Committee at Derby House Instructions pass'd for the Parliaments Commissioners in Scotland to acquaint the Parliament there with the surprisal of Berwicke by enemies to both Kingdoms who had layn long in Scotland and were demanded by the English Commissioners Col. Horton published a Declaration to satisfie the Welch of the Parliaments Proceedings in order to disband the Forces of Major General Laugherne and to ease the Country of free Quarter and to settle Peace generally and of the revolt and opposition of Col. Poyer the trouble charge and danger to the Countries thereby
Forlorns of both Parties incountred and the Parliaments Horse were forced to a disorderly retreat the Enemy pursued with their whole Body upon the reserve of the Parliaments who received their Charge and after a hot dispute routed them Captain Taylor singly incountring Sir John Owen after he had broken his sword upon his head closed with him dismounted him and took him Prisoner and his party immediatly sled There were killed of them thirty and Sir John Owen with divers others of Quality and sixty private Souldiers taken Prisoners four of the Parliaments Souldiers were Slain and divers Wounded and many Horses Killed on each side Order for two hundred pounds for Captain Taylor and gratuities for divers others and for disposing of the Prisoners Letters of an Agreement betwixt the General and the Kentish-men and that the five revolted Ships are willing to submit upon an Act of Indempnity which the General hath promised them That Sir Thomas Feyton was taken Prisoner at S. Edmonds Bury the Lord Goring Sir Charles Lucas and the Lord Capell coming to them increased in numbers in Essex whereupon the Lord General Fairfax advanced to Gravesend intending to pass over his Men there into Essex 12. Order upon Letters from the Governor of New-Castle for fifteen hundred Pounds for that garrison and that no free Quarter should be taken but only of such as refuse to pay their Assessements and Letters thereof to be written to the Commitees Order for those Gentlemen who formerly attended the Duke of York to attend the Duke of Gloucester and four more added to them and two thousand five hundred Pounds per annum for maintenance of his Family Letters from Colonel Sir Hardresse Waller of his disarming some in Exeter Major General Lambert advanced to Langdale who retreated expecting Assistance from Scotland A Souldier of Hemsley Castle was offered a hundred Pounds in hand and five hundred Pounds more and to be knighted if he would betray the Castle to the Kings Forces but he discovored the Plot and the Agents were apprehended Pontefract Castle was besieged by eight hundred Horse and Foot but at a distance the Kings party there being two hundred and fifty Horse and four hundred Foot The Committee of Lancashire ordered four Regiments of Foot and two of Horse to joyn with Major General Lambert laid an Assessement of three thousand Pounds to advance them and kept a day of Fast to pray to God for his blessing upon them 13. The House approved of the Articles of Canterbury and what the General had done in reducing of Kent A day of thanksgiving appointed for the good success in Kent and a Narrative thereof to be read in Churches Orders touching compositions of Delinquents A Report made of a Design to surprise Nottingham Castle but the Governor Captain Poutton surprised and took Prisoners the Complotters Letters from the Head quarters that Ireton Rich and Hewson's Regiments had reduced Canterbury wherein were three thousand Armes good Horse and twenty four Colours and the other Castles The General sent by Letter an offer of Imdempnity to some revolted Ships at Deale but a Boson told the Trumpeter that brought the Letter that they did not owe the Parliament so much service as to write answer to any that came from them and so the Ships set Sail and went away That the General put over his Forces with much trouble at Gravesend into Essex where Colonel Whaley and Sir Thomas Honywood with two thousand Horse and Foot of the Country joyned with him who kept many from going to the King's Party Among others fourscore Horse out of London most or all Gentlemen intending to be as a Guard to the Prince of Wales when he came in their March met with some of Whaley's Horse many of them killed and taken the rest dispersed among them were four Brothers three of whom were killed or mortally Wounded and the Country-men took many Prisoners That Goring marcheth about four thousand whereof six hundred Horse and about two thousand five hundred are well armed that he touched at Lee's and took horses guns and Arms of the Earl of Warwick's and marched from thence toward Colchester That many of Essex came in to the General who wrote to Suffolk to pull up Bridges and cut down Trees in the way to hinder the March of the Enemy Whitelock reported to the House the appointment of the Judges for the next summer Circuit 14. Order for the tryal of Sir John Owen and the rest of the chief Actors in his business An Ordinance past for forty two thousand pounds for arrears of disbanded Officers and Soldiers Order renewed that such as shall take up Arms without the authority of Parliament shall dye without mercy A Letter ordered to the States of Holland for apprehending three revolted Ships gone for Holland and an order for payment of part of their arrears to others of the revolted Ships that were come in again upon the Act of Indemnity A Committee appointed to draw up a Declaration touching the business of Kent 15. Ordered That the Committee of Goldsmiths Hall do Print all their Receipts for Compositions and how the Moneys have been disbursed that the aspersion upon the Parliament may be cleared of their receiving many millions by compositions for which they could give no account And that the Order should be printed that none shall pay their fifth and twentieth part but Delinquents An additional Ordinance committed for putting Papists and Delinquents out of the Lines of Communication An ordinance transmitted to the Lords for putting the County of Radnor into a posture of defence A Committee appointed to take order for twenty persons of the Kings party to be apprehended and sent down to the General to be kept in like harsh usage as Sir Willian Masham and others sent down by the Parliament are kept in by the Lord Goring until they be exchanged Orders concerning Saltpeter 16. Ordinance past for putting Papists and Delinquents out of the Lines of Communication and twenty Miles from London and four days time given them to depart the Town and that Delinquents who have not presented their compositions and sequestred Ministers shall be taken to be within this Ordinance An affront to Sr. Henry Mildmay by a Foot-man of the D. referred to a Committee to be examined Letters from Colchester That the great ones had a purpose to escape had shipped their Goods but were prevented by the Parliaments Horse and Dragoons who took in Marsey Island and Fort by which they intended to escape and by land their body cannot stir That many of the Townsmen came away to the General whose Soldiers are inraged against those of Colchester for the loss of their Commanders That the General hath five hundred Prisoners most of them taken from the gates of the City that Sir William Masham and the rest of the Committee are detained Prisoners by Goring That the Enemy buryed sixty of their slain men in one Church-yard
caused to be published in Scotland for Justifying of his Proceedings Mr. Windram Layds of Libberton though hardly drawn to it was at length dispatched away with a Message to the Scots King after his arrival in Jersy he waited for an audience till an Agent that had come from Ireland was dismist Then being admitted to the Princes Presence he presented to him the Desires and Offers of the States of Scotland which were to this Effect 1 That he would sign the Covenant and pass an Act for all Persons in Scotland to take it and to ratifyall that had been done there concerning the same 2 That he would pass divers Acts of the Parliament of Scotland which were ratifyed by their two last Sessions as for his approbation of their disclaiming Dr. Hamiltons Design for receiving the several Acts made by the English for the Militia for the Kings of Scotland to have no negative voice in that Parliament 3 That he would withdraw his Commissions to Montross for raising Forces to be sent from beyond Seas into Scotland and to give present Order for the stopping thereof 4 That he would put away all Papists from about him and let none be of his Councel but known Protestants 5 That he would appoint some place about Holland to treat with Commissioners from the Estates of Scotland wro would send eminent Lords to him to treat and conclude there upon all particulars and from the time he should come into Holland they would provide for him what should be necessary to make him and his Train to reside in a Regal manner 6 That he would give a speedy Answer to their Desires These Propositions were much debated by the Prince his Councel who were of a different Sense concerning them nor could a present Answer to them be agreed upon the Priuce having ingaged himself to the Queen his Mother not to do any thing in matters of Importance without first acquainting her therewith and having her advice about them It was thought fit also speedily to acqnaint Montross with this Business Some of the Prince his Councel were for rejecting these Propositions as dishonorable and disadvantagious Others were for accepting them and a speedy agreement with that Party in Scotland which was most prevalent and by whom the Prince had greater Probability of obtaining the Crown than by Montross his Designs which were full of hazard and uncertainty Letters also came from the Queen urging that if the Scots Propositions seemed at present too severe and insupportable there might hereafter be opportunity as soon as he had obtained the Kingdom to free himself at least in some measure from the Inconveniences of them The main of his Councel tended to this that according to the Exigence of his Affairs at present it was absolutely necessary to comply with the Kirk of Scotland Montross advised the same and that the Banishment of himself might not hinder it but to that the King answered that he had found him so faithful and to have performed so eminent Services both to his Father and to himself that he could not in Justice or Honour leave him and desired him to urge him no further to it In regard the Answer to the Scots Propositions required some considerable time because it could not be compleated to be returned by the L. of Libberton Sir William Flemming was sent as Agent before hand to Edenburgh from thence to give Advice of the Affairs in Scotland that thereby the Councel might the better know how to frame the Answer Sir John Berkeley and C. Slingsby were sent into the West of England to sollicite the Kings Friends to rise in Arms for their Prince and being accidentally discovered by a Country Fellow were apprehended by the Committee of the County and sent Prisoners to Truroe The Prince had Ambassadors with the Emperour the Duke of Muscovia the State of Venice the Great Turk and with the King of Spain to whom the Substance of the Ambassy was 1 That the Parliament of England having been in Arms against his Father and prevailed against him and caused him to be put to Death 2 That he being Son and Heir to the late King was yet kept out of his Kingdom by the aforesaid Parliament 3 That he desired the King of Spain's Neighbourly Assistance and that he would afford him what Aid he could to Establish him into his Rights and Dignities in the Kingdoms To this the King of Spain made Answer 1 That he was sorry for his Fathers ill Success wishing he had been more prosperous 2 That he condold with him for his Fathers Death and was much affected with Sorrow at the manner of it 3 That concerning the difference between him and the Parliament and the Rights on the one or the other Side they being Matters out of his Territories and Jurisdiction he could not take Cognizance of them nor should he meddle therein But for any thing within his own Dominions he should be ready to do him what lawful Favour he could November 1649. The Princes continuance at Jersy was by his Councel held not fit to be much longer upon these Reasons 1 Because there was a considerable Fleet of the Parliaments come already to Portsmouth with store of Provisions and it was necessary to prevent the danger that might fall upon them in case those Ships should make an attempt upon the Island which that they would do was the more probable because there were already men landed in Jersy 2 That if they should lye under that hazard they knew not where to expect Relief except all other Services should be neglected and Prince Rupert and Montross called hither which would be the ruine of their Designs 3 That their removal would give great Satisfaction to the Kingdom of Scotland and be an Encouragement to their Friends in England 4 That thereby they should be the more free from Hazards and Dangers both as to themselves and others that should make addresses to them The Councel of State in England had good Intelligence of all the Transactions of the Prince and of his Councel which they procured by their Mony whereof some of the Prince his Servants were needy and would betray their Master for it The times were licentious and men took strange Liberty to calumniate all in Authority and to clamour if they had not what themselves thought fit respecting themselves and their private Interest and Concerns much more than the Rules of Right and Justice and the Law it self When the King of Portugal could neither by Force nor Intreaties be perswaded to cast off Prince Rupert out of his Protection the English Admirals resolved with patience to awaite his coming out and a long time they kept him in there till at last want of Provisions made them retire and give the Prince room Who immediately steered from thence to Malaga but in the Voyage perplexed with extraordinary Storms he lost his Brother Maurice who in the Vice Admiral was never since
much as one Son of the whole Estate of their Father thus divided by the Law Whereas with us every Possessor of an Estate hath Power to dispose of it by his Deed or by his Will as he pleases which must necessarily occasion the more Differences and Suits at Law upon Constructions of those Deeds and Wills and Contests of Parties claiming than where the Known Law gives a certain Rule and Distribution of Estates which none can alter Another Ground of what I say is the Freedom of our Nation where every one hath equal Right and Title to his Estate and there is as full a Propriety to the meanest as to the greatest Person which causeth our Countrymen to insist upon their Right and Priviledges and to contest for them with the greatest Men or the Prince himself if right of Law be on their Side This occasions many more Law Suits than do arise in those Countries where the Boors and Peasants do wholly depend upon the Will of their Lords to whom they are Slaves and dare not dispute any Matter of Right with him but tamely submit unto their Lords good or bad pleasure And though in some of those Northern Countries they have no Councellors at Law as a publick Prefession because the smallness of their Law Business will not maintain them and the great Lords are oft-times there Parties and Judges themselves Yet in Germany France Spain and other Countries the Doctors and Professors of the Laws are in great Numbers and Credit and gain vast Estates though by small Fees yet often taken and long continuing Whereof particularly in France there are many Precedents And if we look so far as the times of the antient Romans and Graecians their Lawyers will be found numerous and of Esteem among them and when their Common-Wealth enjoyed the greatest Freedom this Profession was in highest Reputation Sir The worthy Gentleman was pleased to mention one thing with some weight that Lawyers were permitted to Councel and to plead for Men in Matters touching their Estates and Liberties but in the greatest Matters of all others concerning a Mans Life and Posterity Lawyers were not permitted to plead for their Clients I confess I cannot answer this Objection that for a trespass of 6 d. value a man my have a Councellor at Law to plead for him but where his Life and Posterity are concerned he is not admitted this Priviledge and help of Lawyers A Law to reform this I think would be just and give right to People What is sayed in defence or excuse of this Custom is That the Judges are of Councel for the Prisoners and are to see that they shall have no wrong And are they not to take the same Care of all Causes that shall be tryed before them To that part of the Gentlemans Motion that Lawyers being Members of the House should during that time forbear their Practise and pleading I shall only give this Answer That in the Act which he may be pleased to bring in for this purpose it may likewise be inserted that Merchants shall forbear their trading Physitians from visiting their Patients and Country Gentlemen shall forbear to sell their Corn and Wool whil'st they sit as Members of this House which hath the same reason as to debar Lawyers from their Practise But I doubt Sir I have held you too long my Profession and the Subject matter of the Debate will plead in my excuse and I hope Sir that by your Prudence such Motions as these will be less frequent among us December 1649 Decemb. 1 The Affairs in Ireland went on prosperously and Cromwells Honour increased with his Successes The Treaty between the Scots and their King began to grow to some Head and was very likely to take Effect The Parliament went on in their usual way debating Acts making Reference to the Councel of State for the raising of Money and providing Supplies for their Forces in Ireland and for the standing Army and Garrisons in England A List prefented to the Parliament of divers Regiments and Garrisons who have subscribed the Ingagement 10 Letters that every Officer and Souldier subscribed the Ingagement and that it was so unanimously done by them that not one of a thousand did scruple the Signing of it 11 The General Councel of the Army being careful that the Souldiers should not be injured in reaping the Benefit of the late Act for sale of the Lands of the late King Queen and Prince made several Votes For a Letter of Attourney to be sent to the several Regiments Troops Companies and Garrisons of the Army and to the Forces in Ireland and other Forces not of the Army who are Original Creditors and have Interest in the Security That Attournies may be authorized for the purchasing of those Lands according to the Act with the Opinion and Advice of the Councel concerning the Letter of Attourney to be sent to every Regiment of the Army and to be Signed by them The General and Officers of the Army met at Somerset-House according to appointment to meet every Month to seek God for a Blessing upon the Army both in Ireland and here Letters from Ireland of the further Successes of the Army there which were to this Effect On the 15th of November Our Army marched over the River Barrowe into the County of Kilkenny towards the Enemy about 300 of their Men lay at Emstronâ— a Party of the Parliaments Horse and Dragoons were sent thither in the dusk of the Evening At first the Enemy vapoured over the Wall but when the Dragoons had set fire to the Gate it so quasht them that they presently quitted the Town and escaped by Boats over the Water leaving the Town to the Parliaments Men to plunder and possess it The Parliaments Army still advanced towards the Enemies Body who upon their approach brake down the Bridge at Thomas Town and this Winter Season the Foords were unpassable so that the Parliaments could only have a Sight of the Kings Army but could not come to joyn Battle with them nor proceed in â—heir Designs for Kilkenny In their March back they took Cnoctofer Castle and put into it thirty Horse and twenty Dragoons but recalled them the Castle being too far into the Enemies Countrey On the 19th Captain Reynolds was sent with a Party of Horse and Dragoons unto Carrick a walled Town where is a fair House of the Lord Ormonds in the Town was a Regiment of Foot and two or three Troops of Horse The Dragoons after a little dispute set Fire to the Gate and the Enemy both Horse and Foot quitted the place and escaped over the Water only some eighty Welchmen who were in the great House submitted to Mercy and took up Arms with the Parliament On the 21st The Army marched to Carrick to pass over the River where it is fordable And 32th November the Parliament incamped before Waterford presently the Lieutenant General with some Horse and Dragoons marched to Passage
Peoples freely taking the Ingagement From Denbigh of the Death of the Archbishop of York and of diverse others of Quality that the People willingly took the Ingagement From Corke that Mac Charty and O Sullivant are 800 Foot and 200 small Horse called Garrons That the Bishop of Cloher was of late in competition for the Title of Generalissimo and boasted to bring 700 Roman Catholickes into the Field that both he and Ormond have not above 1200 Horse and 3000 Foot That upon the Rendition of Cantwells Court a Place near Killkenny exceeding strong by Nature and Art 12 Officers of quality came in to the L. Lt. and had leave to embarque for Spain That the riding of the Parliament Ships in the Mouth of Shannon blocks up the Lymerick Vessels and Duncannon That the Parliament Forces from a Sick and Languishing Condition are recovered the Flux and Feaver the two predominant distempers much abated and the Garrisons kept clear and healthy through the Mercy of God none having any Infection For the Condition of the Army and what the L. Lt. and his Officers have brought it unto which is a good precedent he thus describes Our Foot are in a Gallant Posture well armed well cloathed and for bread Corn and other things by the State plentifully provided for The Parliament indeed gave full power to the Councel of State to take care for supply of their Forces and the Councel used the greatest Care and diligence that possibly could be That nothing might be wanting for the carrying on of the Business of Ireland and for the Forces there The Letter goes on The Armies Diligence Courage Thankfulness and Behaviour is such through the Strict Care and Providence of our G. and chief Officers that never men did obey Orders more chearfully nor go upon all duty more couragiously Never did greater Harmony appear or Resolution to prosecute this Cause of God than in this Army such a Consent of Hearts and Hands such a Sympathy in Affection not onely in a Carnal but spiritual Bond which lyes faster than Chaines of Adamant I have often observed especially in that time and those Actions a wonderful Consent of the Officers and Souldiers and indeed of all the Parliament Forces upon the Ground of doing Service for God and how miraculously they were in all their Actions successeful The Mind of man being satisfyed and fixed upon God and that his undertaking is for Gods Glory it gives the greatest Courage to those Men and prosperity to their Actions The Letter sayes further Our musters are strict here is no free Quarter allowed nor practised either they pay or give Ticket which being demanded by the poorest Irish is not dur'st not be denyed by any Officer Our Horse have in many Places wanted Hay but by the supply of Oats from England have made good Shift with Straw we have 7000 Horse and our Foot trebbles that Number yet are English Recruits of Moneys and necessarys to be continued And by this Government of the Army in Ireland and the great Successe of it and the well ordering of the civill Affairs of that Kingdom Cromwell got a very great Interest not onely in the Officers of the Army both there and here but likewise in the Parliament and Counsel of State and with their whole Party only the Scots and Presbiterians generally were no favourers of him or his Proceedings 23 An Act passed for the better Observation of the Lords Day days of Thanksgiving and Humiliation Order of the Trustees appointed by Parliament for providing Maintenance for Ministers and other pious Uses for those that have Augmentations to their Benefices to make their claimes by a day 24 From Edenburgh that Sir John Hurry is come with 1400 Men into Cathnesse and the Reer of his Army is to follow from Montrosse This Hurry was an Officer in the Pay and Service of the Parliament and revolting from them he now was an Officer under Montros He seized a passe That M. G. Middleton was sent for by the Estates He was likewise an Officer in the Service and Pay of the Parliament he revolted from the Parliament and was now in Service in his own Country and backward he was yet to engage in this Businesse not likeing it and pretending to be ill That at Breda all is private none can tell what is done but the King and the Commissioners all Writings being locked up and Guards put upon the Clarkes That the Clergy in Scotland have procured strict Orders from the Commissioners of the States for the prosecuting of Sectaries and have a great Arbitrary Power in proceeding against them and they are purged out of the Army as well as Malignants 25 The Trustees for Sale of the Lands of the late King c. gave a day for all Debenters to be brought in for the Souldiers Arreares and new Debenters to be given them Orders of the Commitee for the Accounts of the Soldiery touching their Arreares 26 The General and the Officers of the Army kept a day of Humiliation at Sommerset-House to seek God for a Blessing upon the present Undertakings of the Army A Petition to the Parliament from the Officers of the Army in behalf of themselves and the Souldiery Reciting the Ingagement of the Parliament to satisfy their Arreares and the transferring the security for 600000 1. for their Arreares from the Excise to the Lands Parkes c. Of the late King whereof they hoped to receive the Benefit for their past faithful Service and future Encouragement Yet they are informed that a 5th Part of the Parks are to be allowed for a pretended Interest of herbage and pawnage to those who claime Custodies of those Parks for Lives whereas it were the full value if they had the Fee simple and nothing is due to them but their Fee onely and this course will weaken if not invalid the intended Security as discontent and discourage the Souldiery They pray that no such allowances may be made And that the Parliament would declare their Resolutions herein speedily before the Army marched from hence 27 From Edenburgh That Hurrey and Montross have 3000 Men and 1000 more coming in to them whereupon Lieutenant General Lesly is ordered Northward with most of the Horse and 1400 Foot who labours to appease them by his Protestations of Faithfulness to the King and Perswasion to forbear intestine Broyles seeing in a little time the King and they may come to an Agreement and then go jointly against the Common Enemy the Sectaries of England 29 From Berwick That Messengers are to be sent to Montrosses Party to know their Intentions and if the Answer be not satisfactory then to fight them is the Resolution That Montrosses Party raise all the Country where they go from 16 to 60. That the Committee of Estates have 7000 Foot and 30 Troops of Horse which are marched Northward That one Peter Gourdon having notice of a search for Delinquents he being a notable one he took four
be Masters of the Chancery Extraordinary and that such Master or any Master in Ordinary after the answer so sworn before him shall sign the same and give it into Court himself or being sealed up deliver it to some person to deliver the same into Court and to make Oath that he did receive the same from the hand of such Masters of the Chancery and that since the receiving thereof the same hath not been opened or altered It is very dangerous to rely upon answers as this Rule directs for the Defendant may go into any Country and never call any person thereunto that knows him to be the same person 9. That upon delivering in the answer the Attorney for the Defendant do take care that he be provided with names of persons for Commissioners to be given by him upon a Rule given to rejoyn It is not possible until the Defendant doth know into what County the Plaintiff will take his Commission 10. When an answer is put in the Plaintiff shall reply within eight days if the answer were in Term time otherwise within four days after the beginning of the next Term unless the Plaintiff shall within eight days after the answer come and put in exceptions thereunto or promise the Cause to be set down for hearing on Bill and another to be heard the next Term otherwise the Cause to be dismissed without motion which Costs to be taxed by the chief Clerk This cannot be observed without great mischief that may happen in case where all the Defendants have not answered which may be the loss of a Cause where the Plaintiff hath occasion to put in a special Replication it cannot be known to his Councel or Attorney but by the Plaintiffs Information and experience hath found great inconvenience to confine the Plaintiff to such short time and it is the Cause of many Motions to enlarge it and the execution of this Rule is of no advantage to the Defendant as is conceived unless it be to surprise the Plaintiff from making the truth of his Case appear 12. That in case the Plaintiff think fit to except unto the answer for insufficiency the Plaintiff shall deliver the exception in writing to the Defendants Attorney within eight days after the answer Filed and shall enter the Cause with the Register and in the same order as they are entred the same shall be heard by the Master of the Rolles who shall appoint one or more days in the week for that purpose and at every sitting shall appoint his next day of sitting and how many of the said Causes shall be then heard upon exceptions in the same order as they are entred which days the parties shall attend at their peril And the Master of the Rolles upon hearing thereof shall give such Costs as be fitting This hinders the Defendants liberty to amend his answer without further delay or expence 13. That if a Defendant doth appear and answer insufficiently and it be so Ruled or shall plead demur and the same be over Ruled than if upon a Rule given he shall not answer within eight days the Plaintiff may proceed in such sort as is before directed in case the Defendant had not appeared This together with the sixth Article imposeth upon any person that lives remote without any notice or default in him to have his House broke open or any other House wherein he is and to be taken in contempt 14 That after an Answer If it appear at any time to the Court that no part of the matter of the Plaintiffs Bill is then proper for relief in that Court the Court shall dismiss the Bill with full Costs upon a Bill to be allowed by the Chief Clerk but if some particular part of the Bill be thought sit by the Court to be proceeded in the Court then shall direct the Examination and proceeding upon that particular point and the Defendant not to be inforced to proceed to Examine upon any other Matters This will create a multitude of Actions and Expence and in implicated Causes of fraud and trusts will be dangerous to break or cut them off and to give Judgment upon them before a Hearing and is of no advantage to either side but what the Court may thereby provide for at the hearing if any thing be unnecessarily Examined 15 The Plaintiff the next day after the Supplication Filed or the same day if he will shall cause a Rule to be Entred for the Defendant to Rejoyn and Joyn in Commission which if the Defendant shall not do within eight days the Plaintiff may take a Commission Exparte and the Defendant shall have no new Commission in that Cause This will be a means to surprize many persons in their just Defence without any provision against sickness or any other Accidents and if this be inforced as a Law all special Rejoynders for which there may be just Cause are taken away and it will destroy many a just Cause leave the party remediless and encourage false dealing 16 That no Witness shall be examined in Court but by one of the Examiners themselves but in case of sickness and that one of the Examiners shall examine the Witnesses of the Plaintiffs party and the other the Witnesses of the Defendants party if any be produced to be examined in Court and that no Clerk of that Office shall be a Solicitor upon pain of loosing his place No provision is made but that an Examiner being a Party must examine his own Witness or his Adversaries 17 That all Commissions for Examination of Witnesses shall be open The same will be in this as in the case of Subpoenas Patents and many more 19 That the Commissioners for Examination of Witnesses shall take an Oath before Execution of any Commission to Execute the same faithfully and impartially which each Commissioner is impowred to Administer to other And the Clerk or Clerks attending such Commissioners shall take an Oath which is to be Administred by the Commissioners to write down the Depositions of Witnesses truly and indifferently without partiality and a Clause shall be in the Commission for that purpose The Commission is a Writ in the Register and it is not mentioned or provided what the Form of the Oath or Clause to be inserted shall be nor by whom inserted and if this be extended beyond a Rule and taken for a Law any Plaintiff who shall loose his Commission shall loose his Cause and so of any other accident though never so unavoidable 21 That there shall be no more than two Commissions at the most for examination of Witnesses in any one Cause to be Executed in England or Wales unless where one shall be suppressed and in case either party have any Witnesses in Scotland or beyond the Seas to examine setting down the names of such Witnesses and delivering them to the Attorney of the other side he may take out a Commission within the time before limited wherein the adverse party may joyn if he will
Whitelock and Strickland usually Dined with him He asked why Whitelock who was no Privy Counsellor had the Precedence of Strickland who was a Privy Counsellor Whereas in his Country the Counsellors who are called Senators have Precedence of all other Subjects of what Degree or Office soever they be and the Reason was given him Because in his Country the Counsellors are Senatoris Regni here they are only Consiliarii Protectoris not Regni The Third day of his Entertainment he had his Audience the Protectors Coaches and a great Number of other Coaches most of them with Six Horses came and took up the Ambassador and his Company and those appointed to wait on him with Sir Oliver Flemming Master of the Ceremonies and brought them into the Court at Whitehall where he alighted and his Gentlemen and Servants went all bare before him There were of his Company Five Swedish Barons the Custom of their Country being that every Son of a Baron hath the Title of a Baron and about Thirty other Gentle-men of Quality about Four Pages and Ten Lacquies his other Servants made up the Number of Two hundred Persons generally proper handsom Men and fair Hair'd they were all in Mourning very gentile as the Ambassadour himself was upon the Death of the Queen Mother of Sweeden His People went all bare two and two before him in Order according to their Qualities the best Men last and next to him the Master of the Ceremonies next before him Whitelock on his right hand and Strickland on his left hand they made a handsome shew in this Equipage and so went up to the Council Chamber where the Ambassadour repos'd himself about a quarter of an hour and then word being brought that the Protector was ready in the Banqueting-House he came down into the Court again and in the same Order they went up into the Banqueting-House Whitehall Court was full of Soldiers in good Order the Staires and Doors were kept by the Protectors Guards in their Livery Coats with Halberts the Rooms and passages in very handsome Order The Banqueting-House was richly hung with Arras Multitudes of Gentlemen in it and of Ladies in the Galleries The Ambassadors People were all admitted into the Room and made a Lane within the Railes in the midst of the Room At the upper end upon a Foot pace and Carpet stood the Protector with a Chair of State behind him and divers of his Council and Servants about him The Master of the Ceremonies went before the Ambassador on the left-side the Ambassador in the middle betwixt Whitelock and Strickland went up in the open lane of the Room as soon as they came within the Room at the lower end of the Lane they put off their Hats The Ambassadour a little while after the rest and when he was uncovered the Protector also put off his Hat and Answered the Ambassadours three Salutations in his coming up to him and on the Foot pace they saluted each other as usually Friends do And when the Protector put on his Hat the Ambassadour put on his as soon as the other After a little pause The Ambassadour put off his Hat and begun to speak and then put it on again and whensoever in his Speech he named the King his Master or Sweden or the Protector or England he moved his Hat especially if he mentioned any thing of God or the good of Christendom he put off his Hat very low and the Protector still answered him in the like Postures of Civillity The Ambassador spake in the Swedish Language and after he had done being but short his Secretary Berkman did Interpret it in Latine to this Effect That the King of Sweeden his Master having a very great Affection and Respect to his Highness which he had formerly in some sort Testified when a Noble Person now present was Ambassadour from your Highness to that Crown His Majesty the King my Master since his coming to the Crown hath Ratified the Treaty made with your Highness and commanded me to repair hither to Salute your Highness which I do with all Respect and Reverence in his Majesties name and Congratulate the happy access of your Highness to the Government of this Common-Wealth wishing you all prosperity therein The King my Master hath impowred me to propound unto your Highness some other matters in order to the perfecting of some things left to a further Determination in that Treaty and to a farther and more strict Union and Alliance between the two Nations tending to the Glory of God and to the advantage of the Protestant Interest in the World and to the benefit of both Nations in point of Trade and other interest which I shall be ready particularly to declare unto your Highness or such as you shall appoint for that purpose Many other passages of Complement and Civility were in his Expressions and after his Interpreter had done the Protector stood still a pretty while and putting off his Hat to the Ambassadour with a carriage full of Gravity and State he answered him in English to this effect My Lord Ambassadour I have great reason to acknowledg with thankfulness the Respects and good Affection of the King your Master towards this Common-Wealth and towards my self in particular whereof I shall always retain a very grateful Memory and shall be ready upon all occasions to manifest the high Sence and Value I have of His Majesties Friendship and Alliance My Lord You are very welcom into England and during your abode here you shall find all due Regard and respect to be given to your Person and to the Business about which you come I am very willing to enter into a nearer and more strict Aliance and Friendship with the King of Sweedland as that which in my Judgment will tend much to the Honour and Commodity of both Nations and to the General Advantage of the Protestant Interest I shall nominate some persons to meet and Treat with your Lordship upon such particulars as you shall Communicate to them The Protectors Speech was not Interpreted because the Ambassadour understood English and after it was done the Ambassadour gave Copyes of his Speech in Sweedish and in Latin to the Protector and then delivered unto him his Credential Letters a Copy whereof had been sent to him before then the Ambassadour spake in English to the Protector and after some short Complements between them The Ambassadour took his leave returning in the same order as he came and was by the same Company conducted back to his Lodgings in Westminster The next day the Ambassadour removed with his Family to Dorset-House which was taken up and furnished for him at his own charge About the beginning of this Month the Ambassadour was highly Feasted and Entertained with most of his Followers by the Protector at Hampton Court September 1655. General Pen returned to England with a part of the Fleet from Jamaica the greatest part of it stay'd behind and not