and Major General Lamberts Forces were near one to another but did not ingage There being extreme violent Storms of wind and rain which did much hurt six Prisoners in Tinmouth Castle escaped letting themselves down through a Privy-House by Ropes and several Sheets tyed together Letters from Dublin that Colonel Monk and Colonel Hungerford with eight hundrd men took the Field and stormed Ballahor Castle which they gained and besieged Nabor Castle From Chester that the Lord Byron was out with three hundred men and advanced towards Anglesey 8. A Letter came from the Prince to the Speaker of the House of Peers without any mention to be communicated to the Commons in which Letter the Prince takes notice of the progress made as to a personal Treaty and desires 1. That the Treaty be in such a place and manner as may consist with the honour freedom and safety of his Majesty his Father so that the agreement many not be blemished with any face of restraint 1. That the Treaty be between the King and his two Kingdomes of England and Scotland that things may go on fairly to all persons concerned therein 3. That during the Treaty there be a general cessation of Arms that the affection of the People of this and the other Kingdom be not lessened by Acts of hostility 4. An ordinary moderate subsistence during the Treaty may be agreed upon for all Forces on Foot and which in no sort must go unmentioned for the Scots Army now in England and so as may be with least pressure to the Northern parts And if the two Houses will agree to these things he will endeavour to his utmost power with his Father for a good agreement He concludes with a desire that a course may be taken to content him and his Ships now in the Downes with mony and Provision that so he nor they may not hinder the City trade and discharge the Ships he hath now in hold One of those Ships taken by the Lord Willoughby who was Vice-Admiral of the Prince his Fleet had in her near twenty thousand Pound in Gold which she brought from Guiney most of it belonging to M r Rowland Wilson the Father and Son and their partners The Lord Willoughby did affirm that when the Earl of Warwick with his Fleet came near to the Prince his Navy the Lord Willoughby and some others were earnest to have fought the Parliaments Fleet and had some assurances given them that several of the Earl of Warwicks Ships would have revolted to the Prince But that others about the Prince disswaded him from Fighting pretending the danger to his Highness person and carryed it by that argument again Fighting whereas in probability and as the Sea-mens affections then stood if they had fought the Parliaments Fleet had been indangered A Petition was presented to both Houses from the Common Council of London desiring 1. That the King may be free from his restraint 2. Invited to a Treaty 3. That all Acts of hostility by Sea and Land may by command of King and Parliament cease 4. That the Government of the Church may be settled according to the Covenant 5. That distressed Ireland may be relieved 6. The People of England by disbanding all Armies eased 7. The Liberty of the subject restored 8. The Laws of the land established 9. The Members of both Houses injoyned to attend 10. That the self-denying Ordinance may be effectually observed 11. That speedy consideration be had of such Merchants whose Ships and goods are staid by those with the Prince in the revolted Ships and that some expedient may be thought of for discharge of all Ships that trade be not destroyed The Lords gave thanks to the Common Council the Commons appointed a Committee to draw up their answer A Petition to the Commons from the reduced Officers that there may be a speedy settlement of Religion the King Parliament and Kingdom in a Parliamentary way by a free and personal Treaty according to the late desire of the City of London and that all Officers and Souldiers without exception whose accounts are not stated may have them audited Order for payment of the Petitioners arrears out of their discoveries and for a Committee to give them further satisfaction and to make payment to the Non-commission'd Officers of Sir Robert Pyes Regiment of their arrears Order for M r Ailburton who brought Letters to the King from the Committee of Estates in Scotland to stay here for a month for the Kings answer Major Huntington made Oath in the Lords House that the Narrative given in by him was true and would be attested Letters from Colchester Leaguer that twenty or thirty a day run from the enemy and the last day a whole Guard together came from them that their Wine and Raisons are near spent so that the Common Soldiers get none That they killed thirty Horses to powder them up and have the Bloody-flux much among them that they have drawn off their Guns from the Wall some say they will carry the Parliament Committee with them into the Castle and cut their throats if they may not have conditions for themselves The General sent a Letter by a Drummer to the Lord Norwich Lord Capell and Sir Charles Lucas about exchange of prisoners 9. The grand Committee sat long about the Ordinance for the Militia Debate upon the Self-denying Ordinance The answer to the Cities last Petition was sent to them to this effect Shewing how far they have proceeded to a Treaty with the King the Votes thereof their expectation of the Kings answer and hopes that he will treat That the Scots are declared Rebels for invading the Kingdom and they hope the City will joyn in the subduing of them That they offered the revolted Ships indemnity but they refused to come in the Votes for reducing them and the reference to a Committee to treat with the King for a way for free Trade A Collection ordered on the Fast-day for the poor people that are come out of Colchester M r Thomas Cookes Composition passed The Keeper of the Prison in Canterbury put out Letters from the Commissioners with the King that his Majesty is willing to have the Treaty and likes the terms of honour freedom and safety and though he have no Secretary yet he will give them his answer in their time Order that none speak with M r Ailburton but in the presence of his Keeper 10. The Fast-day Letters from Holland that the Merchants there do highly resent the Prince of Wales his being in the Downes as a great hindrance of traffick That there is tampering to borrow some Regiments to attempt something in England adviseth to look to Poole Lyme and Weymouth That the Letters and Declaration of the Prince of Wales were printed there in Dutch and French 11. Debate upon the Ordinance for settling Church government and the title to it agreed The Ordinance for setling the
to whomsoever should secure the Duke and notice sent hereof to my Lord Mayor A Messenger with one of the Warrants to be sent by the Post was stopped and examined by some Troupers in Southwark whom he told of the escape of Duke Hamilton Not long after as these Troupers marched about the streets they perceived a man knocking very earnestly at an Inn gate in Southwark and asked him what he was and his business he answered that he came to Dover Carrier who lodged there and he was to go down with the Carrier in his Waggon The Troupers more strictly observing him one of them told him he believed that he was a Scotch-man and that he had seen him in Hamilton's Army which he denyed but presently another of the Troupers said plainly he believed that it was Hamilton himself though disguised for he very well knew his favour and was at the taking of him and they had heard a little before that he had escaped out of Windsor-Castle Hereupon they presently searched him and found about him forty pound in gold a Diamond Ring valued at a hundred pound and other good prize for the Troupers who this morning brought him by Water to White-hall where a strong guard was put upon him The House gave one hundred and twenty pound to the Troupers who apprehended the Duke besides what they found about him Sir Lewis Dives escaped the last Night and Mr. Holder the Prince's Agent escaped through the House of Office in White-hall standing over the Thames The escapes of these persons put the House in debate of bringing Hamilton the Earl of Holland Laughern Poyer Powell and other chief Delinquents to a speedy Tryal They appointed a Committee to bring in an Act for constituting a Court for the Tryal of these persons and Ordered the Earl of Holland to be forthwith removed to London This being the monthly Fast-day it was moved in the House when they sate after the Sermons to have two Ministers appointed to preach as was usual the next Fast-day but some held the course of keeping a constant monthly Fast not to be so proper but savouring of too much formality and that it was fitter to appoint daies of publick humiliation upon special occasions upon debate whereof no Ministers were named to preach the next monthly Fast-day February 1648. 1. The Act passed That such Members as had voted 5. Dec. last that the late Kings concessions to the propositions were a sufficient ground for setling a peace in this Nation should not be readmitted to sit as Members of this Parliament And that such Members as were then in the House and gave their votes in the Negative should enter their dissent to the said vote and such as were absent to declare their disaproving thereof before they be admitted to sit as Members Many Members declared their dissent to that vote Voted that Duke Hamilton the Earl of Holland Lord Goring Lord Capel and Colonel Owen shall be the next persons to be proceeded against for justice After this the Lord Capell by a desperate attempt escaped this Evening out of the Tower over the Moat and Warrants were sent out and one hundred pound promised to any that should take him A Message from the Lord for a Committee to be named of both Houses to consider of a way to settle this Nation Order to consider to morrow whether the Lords Messenger should be called in or not and whether the House should take any cognizance thereof Order for adjourning the Term for eight days A Petition from Surrey That the Militia may be put into faithful hands and Neuters and suspected persons rendred uncapable of trust That Magistrates and Officers may be chosen by the well affected persons and Delinquents neither to chuse nor to be chosen That Tythes may be taken off and a more â—ust way provided for the maintenance of the Ministry That a Committee for accounts may be in each County and that free-quarter may be taken off This Petition was referred to a Committee and the House took notice of the seasonableness of it and the good affections of the Petitioners and gave them thanks The High Court met to prepare matters for the Tryal of Duke Hamilton the Earl of Holland and others The Commissioners of the Seal met but did not think fit to seal any Writs or do any business because of the Kings Death 2. A Petition from Kent to the same effect with that of Surrey referred to the Committee for settlement and the Petitioners had thanks Vote for this Summers Fleet to be seventy three Sail of Ships and about six thousand men this upon conference with Merchants and for dispersing the Prince's Fleet and incouragement of trade Orders for victuals and money for this Fleet. Divers Members of the Parliament of the Army of the City and private Gentlemen in all to the number of sixty whereof fifteen to be of the Quorum were by Act made a High Court of Justice for Tryal of Duke Hamilton the Earl of Holland and others Order for establishing Colonel Henry Martyn's Regiment Upon the Dutch Ambassadors desire Ordered that what was delivered by them to the House in relation to their Ambassie may not be printed Order for Colonel Reynolds Regiment to be compleated and added to the establishment 3. The Act passed for the new High Court of Justice Divers Members entered their dissent to the Vote 5. Dec. last Two Water-men of London discovered and apprehended the Lord Capell in a house at Lambeth the House gave forty pound to the Water-men 5. Debate till six a Clock at Night whether the House of Lords should be continued a Court of Judicature or a Court Consultatory only and whether it should be referred to a Committee to consider what power or constitution the Lords should have and it being dark it was upon the question carried in the Negative not to have Candles and the debate adjourned till to morrow The Lords sent again for a Committee of both Houses to consider of setling the Kingdom but their Messengers were not called in An answer agreed to the Dutch Ambassadors returning thanks to the States for their desire of continuing amity with this Kingdom professing their desire of the like and care to continue the same They thanked them also for their grave advice concerning the King and let them understand that the Commons of England had proceeded according to the Laws of the Land in what they had done and as they leave all other Nations and Kingdoms to move according to their rights and Laws so they hope none will think ill if they Act according to those of England and that they shall be alwaies ready to shew themselves Friends to the Vnited Provinces The High Court of Justice sate in the Painted Chamber and elected the Lord President and Officers as were before they agreed upon a Proclamation That they had adjourned themselves till to morrow morning in the
of 90000 l. a Month for six Months for pay of the Armies Order touching the reception of the publick Minister from the Queen of Sweden Letters from Bristol That upon notice of the Ships coming into that Road with the Corps of the late Lord-Deputy Ireton the Major sent out a Boat with a Tilt covered with Black in which they brought the Corps unto the City where a Hearse of Velvet was provided to put over the Coffin The Major Aldermen and Councel in their Formalities and the Governour and his Officers with a multitude of Inhabitants attended the Body to the Castle and the great Guns were fired from the Castle and the Fort. That many of the chief Rebels in Ireland have made offers to treat about their coming in to the Parliament and that Galloway hath done so 25. The House sate this day A Letter of Advice to the Parliament in these words That if they would but grant an Act for all the profits of the Tithes in all Counties in England and Wales to be gathered into a Treasury and the one half thereof may be paid to a competent number of Godly Ministers to preach the Gospel in each County And all those drunken malignant scandalous delinquent ignorant whoring and profane ones that go under the Name of Ministers put to work for their livings That the Gospel would be better propagated than now it is and the Lord would be more glorified in the Land and this present Government better established 26. Letters That Elizabeth Castle was upon a Treaty but broken off again That this Castle is so seared in the Sea that they can relieve or send away at pleasure and when they can keep it no longer they can leave only the bare Walls That since the Siege they have made no Salley out of the Castle though they took in with them 400 Foot and 100 Horse That they have sent divers Vessels with Women and Children and Rich Goods over to St. Mallows and are daily sending more and cannot be prevented by reason of the Rocks though the Parliaments Frigots lie there That six hours the Tide floats round the Castle and six hours the Sand is bare when three Prisoners stole away by Boat and came to the Parliament Forces and informed them That Carteret had sent his best Horses to St. Mallows and the poorer Horses he had knocked on the head and had hanged a Man for endeavouring to come from them That few of the Inhabitants speak any English and most of their drink is Syder 27. Letters of Recruits come to Scotland from England Letters That the Two Major-Generals were gone their Progress which they intended throughout Scotland and Commissioners were appointed to settle Assessments for the English Army That Elizabeth Castle was surrendred to the Parliament upon Articles and in it 17 Brass Pieces 36 Iron Pieces 450 Musquets 40 Swords 100 Bandeliers 64 Barrels of Powder Match 5000 great Shot 1000 Musquet-shot 100 weight Lead four Tun Iron two Tun. Of Victuals 60 Hogsheads of Biskets six quarter of Wheat four quarter of Barley 20 quarter of Mault 36 bushel of Pease 50 sides of Pork 60000 of Poor John three Hogsheads of French Barley four Pipes of Spanish Wine ten Hogsheads of French Wine four Tun of Beer 60 quarter of Salt six Hogsheads of Beef with great store of other Provisions 29. Letters That Cornet Castle in Guernsey Island was surrendred to the Parliament upon Articles That in Elizabeth Castle were French Germans Danes Switzers Scotch Dutch Irish English and the Islanders 340 That it is the strongest Castle in the Parliaments possession 30. Letters That some Officers of the Army by Commission from Major-General Lambert did hear and determine Controversies between Party and Party wherewith the People were much satisfied for the quick dispatch they received with full hearing That a Soldier for Whoredom was sentenced by a Court-Marshal to be duck'd thrice at High-water and to be whipped and turned out of the Town the Woman had the like Sentence That Captain Henry Green by Letters of Marque from the Parliament surprized a Ship bound for St. Mallows loaden with Merchandise of the growth of France and upon French-mens account and with it steered for Guernsey to secure his prize which he went on Board in great storms That a Man of War of the States of Holland meeting with Captain Green boarded his Prize and sent all the Guernsey Men in her on drift in the Boat where they must have perished had not another English Ship by accident met them and taken them up That the Holland Man of War did cruelly beat Captain Green and his Company and said he would throw them all over board as he had Commission to do to all English Ships sent out with Letters of Marque and what is since become of Captain Green and the rest of the English with him is not yet known The Parliament Voted That it be referred to Persons out of the House to take into consideration what inconveniences there are in the Law and how the mischiefs that grow from the delays the chargeableness and the irregularities in the proceedings of Law may be prevented and the speediest way to reform the same and to present their Opinions to such Committee as the Parliament shall appoint That a Committee be appointed to consider and present to the House the Names of fit Persons to be employed in this Work and to receive from them such things as shall be prepared by them in pursuance of the former Vote Several Petitions of Merchants of London and of other Parts read and referred to the Council of State 31. A Petition presented to the Parliament from Collonel Philip Carteret and the rest of the late Officers of Mount Orgyle Castle in the Isle of Jersey That according to the Articles upon surrender thereof an Act of Oblivion may be passed for the Petitioners which the Parliament ordered accordingly and approved of the said Articles The House sate constantly all the time of Christmas January 1651. 1. Letters That Sir George Ascue had reduced the Barbadoes Island to the obedience of the Parliament of England but the Particulars thereof were not yet come A Copy of an Act of the Lord Willoughby and the Assembly in the Barbadoes for sequestring divers Delinquents Estates there was sent over to the Council of State 2. Letters That 60 Sail of Hollanders lay at Anchor before South-Sea Castle and might have landed Men there and that the Works about Portsmouth were in much decay An account of Recruits gone for Ireland 3. Letters That the Marquess of Argyle had sent for another Passe to come in to Major-General Lambert who had summoned Dunbarton Castle and the Governour answering him with delays he caused his Estate to be sequestred That Collonel Lilburnes and Collonel Overtons Men took a Ship in the Harbour of the North. That the Major-Generals were returned from the West and had given great contentment in
Officers Commissioners of the Seal and of the Treasury and his Council The Earl of Warwick carried the Sword before him and the Lord Mayor of London carried the City Sword His Highness standing under the Cloth of State the Speaker in the Name of the Parliament presented to him 1. A Robe of Purple Velvet lined with Ermine which the Speaker assisted by Whitelocke and others put upon his Highness then he delivered to him the Bible richly gilt and bossed after that the Speaker girt the Sword about his Highness and delivered into his hand the Scepter of massie Gold and then made a Speech to him upon those several things presented to him wishing him all prosperity in his Government and gave him the Oath and Mr. Manton by Prayer recommended his Highness the Parliament the Council the Forces by Land and Sea and the whole Government and People of the three Nations to the blessing and protection of God After this the people gave several great shouts and the Trumpets sounding the Protector sate in the Chair of State holding the Scepter in his hand on his right side sate the Ambassadour of France on the left side the Ambassadour of the Vnited Provinces Near to his Highness stood his Son Richard the Lord Deputy Fleetwood Claypole Master of the Horse his Highness Council and Officers of State the Earl of Warwick held the Sword on the right side of the Chair and the Lord Mayor of London held the City Sword on the left hand of the Chair near the Earl of Warwick stood the Lord Viscount Lisle general Mountague and Whitelocke each of them having a drawn Sword in their hands Then the Trumpets sounded and an Herauld proclaimed his Highness Title and Proclamation was made and loud Acclamations of the People God save the Lord Protector The Ceremonies being ended His Highness having his Train carried by the Lord Sherwood Mr. Rich the Earl of Warwick's Grandchild and by the Lord Roberts his Son accompanied by the Ambassadours and attended as before went in State to Westminster-Hall Gate where he took his rich Coach In the upper end of it himself sate in his Robes in the other end sate the Earl of Warwick in one Boot sate his Son Richard and Whitelocke with a drawn Sword in his hand and in the other Boot sate the Lord Viscount L'Isle and General Mountague with Swords drawn in their hands Cleypole led the Horse of Honour in rich Caparisons the Life Guard and other Guards attended the Coach the Officers and the rest followed in Coaches to White-hall The Speaker and members of Parliament went to the House where they passed some Votes and ordered them to be presented to his Highness Then according to the Act of Parliament the House adjourned it self till the twentieth of January next The Bills passed by his Highness this Parliament besides those mentioned before were An Act for the preventing of the multiplicity of Buildings in and about the Suburbs of London and within ten miles thereof An Act for quiet enjoying of sequestred Parsonages and Vicarages by the present Incumbent An Act for discovering convicting and repressing of Popish Recusants An Act and Declaration touching several Acts and Ordinances made since the twentieth of April 1653. and before the third of September 1654. and other Acts c. Instructions agreed upon in Parliament for Joseph Aylloffe Thomas Skipwith Jeremy Banes Adam Ayre Esq James Robinson and William Marr Gent. Commissioners for surveying the Forrest of Sher-wood Robert Frank John Kensey Thomas Wats Esq and George Sargeant Gent. Commissioners for surveying the Forrest or Chase of Need-wood James Stedman Robert Tayler Thomas Tanner Esq and John Halsey Gent. Commissioners for surveying the Forest or Chase of Kingswood Henry Dewell William Dawges Joseph Gamage Esq Richard Johnson Gent. Commissioners for surveying the Forrest or Chase of Ashdown or Lancaster great Park John Baynton Hugh Web Esq Major Rolph and Nicholas Gunton Gent. Commissioners for surveying Enfield Chase in pursuance of an Act of this present Parliament Intituled an Act and Declaration touching several Acts and Ordinances made since the twentieth of April 1653. and before the third of September 1654. and other Acts c. An Act for punishing of such persons as live at high rates and have no visible Estate Profession or Calling answerable thereunto An Act for Indempnifiing of such persons as have acted for the service of the publick An Act for the better observation of the Lord's Day An Act for raising of fifteen thousand pounds Sterling in Scotland An Act for an Assessment at the rate of five and thirty thousand pounds by the month upon England six thousand pounds by the month upon Scotland and nine thousand pounds by the month upon Ireland for three years from the twenty fourth of June 1657. for a Temporary supply towards the mantainance of the Armys and Navys of this Common-wealth An Additional Act for the better Improvement and advancing the Receipts of the Excise and new Impost A Book of Values of Merchandize imported according to which Excise is to be paid by the first Buyer An Act for continuing and establishing the Subsidy of Tonnage and Poundage and for reviving an Act for the better packing of Butter and redress of abuses therein An Act for the better suppressing of Theft upon the Borders of England and Scotland and for discovery of High-way-men and other Felons An Act for the improvement of the Revenue of the Customs and Excise An Act for the assuring confirming and settling of Lands and Estates in Ireland An Act for the Attainder of the Rebels in Ireland An Act for the settling of the Postage of England Scotland and Ireland An Act for the Adjournment of this present Parliament from the 26th of June 1657 unto the 20th of January next ensuing The humble additional and explanatory Petition and Advice in these words TO HIS HIGHNESS THE LORD PROTECTOR OF THE Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging The humble Additional and Explanatory Petition and Advice of the Knights Citizens and Burgesses now assembled in the Parliament of this Common-wealth WHereas upon the humble Petition and Advice of the said Knights Citizens and Burgesses now assembled in the Parliament of this Common-wealth lately presented and consented unto by your Highness certain Doubts and Questions have arisen concerning some particulars therein comprised for explanation whereof May it please your Highness to declare and consent unto the Additions and Explanations hereafter mentioned and may it be declared with your Highness Consent In the fourth Article That such person and persons as invaded England under Duke Hamilton in the year 1648 Or advised consented assisted or voluntarily contributed unto that War and were for that cause debarred from publick trust by the Parliament of Scotland be uncapable to Elect or be Elected to sit and serve as Members of Parliament or in any other place of publick trust relating unto the fourth and thirteenth
end this Session The Commons proceed in the Bill for Tunnage and Poundage By the King's appointment an order is made in the Star Chamber to take off from the file the Bill there against the Duke and his answer the King being satisfied of the Duke's Innocency The Duke denies the speaking of any words at his Table against the Commons as one of their Members reported and charged one Melvin a Scotchman for saying that the Duke intended to put the King upon a war against the Commonalty with the assistance of Scotland and the like and that Sir Tho. Overbury had poysoned Prince Henry by his Instigation The King Cancelled the Commission of Excise The Commons order a Remonstrance to be drawn of the Peoples Rights and of the undue taking of Tunnage and Poundage without the grant of it by Parliament which being ready the Speaker who was before sent for to the King came late and while the Remonstrance was in Reading the King sent for the House and spake to them touching it and took offence that it mentioned Tunnage and Poundage taken without Grant by Parliament as contrary to his Answer to the Petition of Right which he excused and said he could not want Tunnage and Poundage Then he passed the Bill of Subsidies and other Bills and the Lord Keeper declared the King's pleasure to Prorogue the parliament which was so done by Proclamation Manwaring's Books were supprest by another Proclamation and compositions for Recusants Estates directed by another and to search for and commit Popish Priests by another Dr. Mountagu was made a Bishop and Dr. Manwaring though disabled by sentence was preferred to a good living and both were pardoned The chief Baron Walter is put out and the King said of Judge Whitelocke that he was a stout wise and a learned man and one who knew what belongs to uphold Magistrates and Magistracy in their dignity and there was some speech of making him cheif Baron in the room of Walter But Whitelocke had no great mind to succeed Walter because Walter alledged that his Pattent of that office was quam diu se bene gesserit and that he ought not to be removed but by a Scire facias Rochel being besieged the Duke was appointed to goe with the Fleet to relieve it and being for that end at Portsmouth with much company he was suddenly stabbed to the heart by one Lieutenant Felton and fell down presently crying the Villain hath slain me and so dyed When some that came in suspected Monsieur Sabise to have done it Felton stepped forth and said I am he that did it let no Innocent man suffer for it and so was apprehended not offering to Escape and was sent to prison The King notwithstanding went on with the design to releive Rochel and the Fleet went thither but returned without doing any service being ill provided and their Victuals stunck Upon this the Rochellers were so much distressed that of 15000 men but 4000 remained alive the rest perished with hunger The Souldiers that returned and were billetted up and down committed great Insolencies Upon the Peace made between England and France the Protestants there for a time had a little more Indulgence Morgan was sent with the Lord Vere to Gluckstadt The Privy Council wrote to Dalbier to dispose of the German Horse to the King of Sweden or to the King of Denmarke After the Duke of Bucks death Bishop Laud had great favour with the King The meeting of the Parliament was Protogued Many in London resort to Felton in prison he saith he is sorry for his fact but he was induced to it by the Parliament's Remonstrance The same he said to the Council and denyed that the Puritans or any other set him on or knew of his purpose Bishop Laud told him if he would not confess that he must go to the Rack he said he knew not whom he might accuse perhaps Bishop Laud or any other in that torture The Council by the King's directions sent to the Judges for their opinions whether he might be racked by the Law They all agreed that by the Law he might not be put to the Rack Some Merchants were committed for not paying Tunnage and Poundage according to the King's Declaration Chambers one of them brought his Habeas Corpus and it was returned that he was committed for Insolent words spoken by him at the Council Table that the Merchants were scrued up in England more than in Turkey but the words not being in the Return it was mended and he was discharged by Bayle the Council were offended at it and rebuked the Judges but they Justified what they had done Felton was tryed at the King's Bench and had Judgment of death he shewed remorse and offered his hand to be cut off which the King desired might be done but the Judges said it could not be by Law and he was hanged in Chains Mr. Vassall was brought into the Exchequer for not paying Tunnage and Poundage he pleaded Magna Charta and the Statute de Tallagio non concedendo and that this Imposition was not by assent in Parliament The Barons refused to hear his Council gave Judgment against him and Imprisoned him Chambers having his goods seised sued a Replevin the Barons stayed it and all other Replevins in the like case by an Injunction to the Sheriffs and ordered the double value of his goods to be seised and the like was in the case of Mr. Rolls At the Council it was resolved before hand to Justifie these proceedings when the Parliament should meet and if the Parliament did not pass the Bill for Tunnage and Poundage then to break it And those of the Council that were Members of the House of Commons were directed what to say if the House should fall upon any of the King's Ministers The Parliament met and found the Petition of Right to be Printed with some Additions and the Copies first Printed without the Additions were suppressed by the King's order And they were informed of the seising of the Merchants goods perticularly of Mr. Rolles then a Member of Parliament and that the Customers said If all the Parliament were concerned in the Goods they would seise them These things were referred to a Committee The King sent for both Houses spake to them in justification of his taking Tunnage and Poundage untill they should grant it to him wished them to do it and not to be Jealous of the actions of one another He sends another Message to them to expedite that Bill they are troubled that it should be imposed on them which should first move from them They consider of the Grievancies since the last Session Of the increase of Arminians and Papists Pym moves to take a Covenant to maintain our Religion and Rights they proceed touching Religion before Tunnage and Poundage and touching the late Introducing of ceremonies by Cosins and others and the late Pardons Another Message comes
Deportment he came to Edenburgh and there fell presently into Communication with the Covenanters 1. What they expected from the King in satisfaction to their Grievances 2. What assurance they would give of their returning to due obedience and renunciation of the Covenant To the first they answered That nothing but a general Assembly and a Parliament could give them satisfaction 2. They answered That they disavowed any Retreat from their Loyalty and therefore needed no Return towards it And for the Covenant That they would sooner renounce their Baptism than it and would not endure to hear this Proposition a second time The Covenanters doubled their Guards upon the Castle and City and the Marquess for his safety returned to Dalketh and sent to the King for new Instructions His Majesty ordered him to publish the King's Declaration Assuring that Kingdom of his Constancy in the Protestant Religion that he would not further urge the Practice of the Canons and Service-book but in a fair and Legal way and had given order for the discharge of all Acts of Councel concerning them And that he had taken into consideration the Indicting of a general Assembly and Parliament wherein might be agitated what should most concern the peace and welfare of the Kirk and Kingdom Whereupon he expected that those his Subjects sensible of his gracious Favour would give Testimonial of their future Loyalty and no further provoke him to make use of that Power which God had given him for the reclaiming of disobedient people As soon as the Proclamation was ended the Covenanters were ready with a Protest against it highly distasted To have their Actions branded with the Notion of Disobedience and declared that they would never abandon their Covenant upon such suggestions And that they would not wait the King's Conveniency for calling of an Assembly but if he did not approve of their Proceedings they would call a general Assembly themselves The Marquess finding them thus obstinate told them That the Stock of his Instructions was spent and that he must resort to England for a fresh Supply Thereupon the Covenanters acquainted him That they expected his Majestie 's Answer and his Return upon the Fifth of August next at furthest and promised in the mean time to continue in a peaceable condition and not to act any thing till his Return The Marquess came to England to the King making known to him the state of his Affairs in Scotland and was dispatched away with new Instructions so as by the time prefixed he returned to Scotland By the Fifth of August the Marquess returned to Scotland and there found a Rumour That he approved the Covenant which occasioned him for his Vindication to call in the Lords of the Councel and others of the Nobility to be his Compurgators Then he falls to confer with the Covenanters about Indicting of the Assembly demanding of what Members it should consist and of what Matters they should treat At which the Covenanters in great passion answered That these Proposals were destructive to their Liberties and a prelimitation of that Assembly who ought to be free and to be judge both of their own Members and the Matters of their Cognizance This caused the Commissioner to declare his Instructions to Indict an Assembly upon the Concession of Ten Articles To which the Covenanters would not Assent but appealed to the General Assembly where they said those matters were properly to be decided Anno 1638 Upon this refusal the Commissioner resolved to go again for England and the Covenanters raysed a rumour That he had neither power from the King nor Inclination to give the People satisfaction which seemed so to Incense him that he contracted his former proposals into Two 1. That no Laicks nor any but Ministers of the Presbyterians should have Votes in the chusing of Ministers for the General Assembly 2. That things Ecclesiastical should be left to be determined by the Assembly and things setled by Acts of Parliament to the Parliament This being graunted he would presently indict a General Assembly and promised upon his honour immediately after to call a Parliament The Covenanters were so distasted at these proposals that they presently gave order for a General Assembly but upon second thoughts they held fit to forbear till the Commissioner should return from the King with a more pleasing Answer for which they gave him time till the 21. of September next promising in the Interim not to proceed to Election The Commissioner posted to the King who advising with his Privy Council and pursuing the advice of his Council in Scotland Resolved on a way which he thought would take away all Discontents there and sent back the Commissioner with ample Instructions for that purpose Who returning within the time limited found that the Covenanters had ordered an Election to be on the next day the 22d. of September yet took no notice thereof but according to his instructions assembled the Council and delivered to them a Letter from the King acquainting them with what course he meant to pursue for the benefit of the Kirke and State Then he appointed the King's Declaration to be read wherein he nulled the Service Book the Book of Canons The high Commission discharged the pressing of the 5 Articles of Perth ordered that all persons whatsoever Ecclesiastical or Civil should be lyable to censure of Parliament and General Assembly That no other oath be administred to Ministers at their entry but what was contained in the Act of Parliament That the ancient confession of Faith and Band thereunto annexed should be subscribed and renewed as it was in his Father's time That a General Assembly be holden at Glasgow Nov. 21. and a Parliament at Edenburgh the 15 th of May next wherein he pardoned all bygonne offences and Indicted a General Fast After this Declaration published the Confession of Faith was read and Subscribed by the Marquess and the Council Then a Proclamation for the General Assembly and another for the Parliament Then an Act of the Council requiring a general Subscription of the Confession of Faith and a Commission to diverse for taking the Subscription The Covenanters brought up the reare with a Protest moved the people to consider with whom they had to deal decryed the new Subscription to the Confession of Faith and excepted against the Archbishops and Bishops as not to have any Votes in the Assembly Then they Elect Commissioners for the Assembly and order at their Table That every Parish should send to the Presbytery one Layman whom they stiled a Ruling Elder to have equal Vote with the Minister They moved the Commissioner for his Warrant of citation against the Archbishops and Bishops to appear at the Assembly as Delinquents which he refusing they fram'd a Bill against them for many misdemeanours which was preferred to the Presbytery at Edenburgh against them and they warned them to Compeer at the General Assembly at Glascow Car. 14
settle differences between well affected Tenants and disaffected Landlords and to consider of Judges for Wales Dr. Hudson the Kings Guide was long examined in the House and committed close Prisoner to the Tower for Treason Orders for sixty pound to the Officers and Troopers that brought up Dr. Hudson and for the discharge of Col. Morrice and for sixty pound to the Serjeants Deputies 22. The Grand Committee sate upon matter of Religion and the Lords Ordinance prohibiting any to Preach but those who are ordained The King propounded to the Scots Commissioners two Quaeries in what condition he stood whether a free man or under restraint if not a free man then his answer to their desires would not be valid They pressed him to assent to the Propositions if not they must acquaint him with the resolutions of the Parliament of England The King replied he knew them and demanded if he went to Scotland whether he should be there with Honor Freedom and Safety to which they gave no answer 23. The Grand Committee sate about the payment of the Soldiers 25. The House received a Declaration of Scotland sent to the Scots Commissioners here to be communicated to both Houses of Parliament to this effect Reciting former transactions with the King and his denyal to sign the Propositions that the King hath often declared his desires to be near the Parliament of England who have communicated to them that Holmeby House is the place they think sit for his Majesty to come unto there to remain with safety of his Person in the preservation and defence of the true Religion and Liberties of the Kingdoms according to the Covenant Therefore and in regard his Majesty hath not given a satisfactory answer to the Propositions and to keep a right understanding and prevent new troubles to satisfie the desire of his Majesty the Parliament of England to prevent misinformation and to satisfie the estates of the Parliament of Scotland do declare their concurrence for his Majesties coming to Holmeby House or some other of his Houses in or about London there to remain till he satisfie both Kingdoms in the Propositions of Peace And that in the interim there be no harm done to his Person that there be no change of Government other then hath been the three years past and that his Posterity be no way prejudiced in their Lawful Succession They are assured that the intentions of their Brethren are the same and they conclude that they will endeavour to keep all right between the Kingdoms according to the Covenant and Treaties They desire 1. That a Committee of both Kingdoms attend his Majesty and press him to grant the Propositions and if he refuse to determine further what is necessary for continuing the Vnion and that no agreement be made with the King distinct 2. That such Scots as have Places about the King may exercise them except Persons excepted and none be barred access or attendance who have warrant from either Parliament 3. That the one Kingdom assist the other in case of trouble 4. That England agree for some Competency for the Scots Forces in Ireland A Committee touching the Accounts of the Kingdom Orders for one thousand eight hundred pound for Sir Philip Stapleton for his Arrears and for two thousand five hundred pound for Col. Thompson and for Captain Torneton Major of London Derry to be sent for in Custody to answer the Committee of Accounts Order for Sir Thomas Fairfax to have his five thousand pound per An. out of Delinquents Estates excepted Orders for Disbanding the Troop of Wilts and for six thousand pound for the Regiment of Northampton-shire and for twelve thousand five hundred pound for the reduced Officers A Committee to confer with the Judges about bringing excepted Persons to a speedy Tryal An Ordinance read for Sale of Delinquents Estates who are excepted but they to be first tryed Order for six thousand pound for the Garrison of Portsmouth out of such Delinquents Estates as the Gentlemen of Hampshire should name Upon the Lord L'Isle's desire Major Harrison voted to go with him into Ireland A Letter from the French Ambassador to the Lords that he had Letters of Consequence from the King his Master to the Parliament 26. Divers Compositions past that of Mr. Goodale rejected because he lately killed a man in cold Blood In the afternoon the House sate about the Scots Papers Letters from the North informed that the Scots had received their Money and given Acquittances for it That the Parliament of Scotland sent their resolution to the General and Commissioners to deliver the King to the Commissioners of England to be conducted to Holmeby Major General Skippon published a Proclamation at the head of every Regiment of his Convoy that no Officer or Soldier under his Command either in Word or Deed give any just occasion of offence to any Officer or Soldier of the Scots Army but demean themselves towards them civilly and inoffensively as becometh Brethren Letters from the North that the Scots had shipped their own Ordnance and Carriages that they sent but fourteen Troopers to Convoy their Money 27. The Monthly Fast After the Sermons the House met and ordered a general Fast day throughout the Kingdom to beseech God for the rooting out of Heresie and Blasphemies At a Conference both Houses agreed to the Scots desires That when the Scots Army is out of the Kingdom and the King come to Holmeby Commissioners be sent from both Kingdoms to press his Majesty to pass the Propositions and Sign the Covenant And if he refuse then to consider how to settle the Kingdoms according to the Covenant and Treaties that nothing be concluded with the King but according to the Treaties that no Person excepted be admitted to the King that those chosen to attend him at Holmeby be but for a time nor any prejudice to be to those who have adhered to the Parliament and that when any trouble ariseth in either Kingdom the other to assist according to the Treaties 28. Order for Money for the reduced Officers Mr. Barrill approved to be Attorney General in Ireland Orders for the Assesments for Ireland to be continued for discharging of Sir Robert King and Sir Jo Clotworthy from being Commissioners for Ireland upon their own desires and for supplys for Dublin Order for Newport Pagnell to be slighted and the Ammunition there to be sent to Ireland Orders for all the Officers and Soldiers designed for Ireland speedily to repair to the Sea Side and for six pound a Week allowance for the Lady Ranelagh and for five hundred pound for Col. Temple for his Arrears The Lord Lieutenant of Ireland took his leave of the House 29. Debate in the Grand Committee concerning Persons Preaching who were not Ordained The Commission agreed for the Agent of the Turkey Company to Constantinople sent up to the Lords and they consented to it 30. The Grand Committee sate concerning the pay for the Army Letters
Commissioners sent down to try the Riotors at Canterbury could not perswade the Grand Jury to find the Bill and therefore they adjourned the Court they and the Committee of Kent had the thanks of the House for their care in this business and the Committee were desired to proceed in the further execution of it Intelligence from Vice Admiral Rainsborough of two Men of War from France appointed to transport Arms and Horse for Scotland Letters from the North of a design to surprize York for the King and at the time appointed for the Royalists to enter the City a Troop of the Parliaments Horse coming thither accidentally the Malignants taking them for their own Party cryed up the King and so were discovered and prevented Letters from Newcastle That Colonel Bright's Regiment and other Parliament's Forces are come that way to guard the Borders That the Governour of Berwick laies heavy Taxes upon the English That they and the King's Party in Carlisle are impatient that the Scot's Forces do not come in to assist them being dayly expected The Commissioners of the Kirk of Scotland sent to the Ministers to admonish their people not to engage in the intended War under the pain of the displeasure of God but the other Party proceeded in their Levies The Commissioners of the Kirk passed a Declaration in answer and opposition to that of the Parliament of Scotland Which they say is to restore the King to his Honour before Jesus Christ be restored to his and they declare their dissent from the intended War 16. An Ordinance transmitted for punishing Defaulters at Musters in Kent Letters from the Gentlemen of Cheshire That they had fortified the Castle and City of Chester the House approved thereof and Ordered thanks to the Gentlemen Letters from the Gentlemen of the Counties of Flint Denbigh and Montgomery That they had entred into an Association for securing those Counties against the Enemy the House approved thereof and Ordered them hearty thanks for it The like from Lancashire The House agreed to the Ordinance for the Militia of London A Petition to both Houses accompanied with divers hundreds of that County That the King may be restored to his due honour and just Rights according to the Oaths of Supremacy and Allegiance that he may be forthwith Established in his Throne according to the splendour of his Ancestors That he may for the present come to Westminster with Honour and Safety to Treat personally for composing of Differences That the Free born Subjects of England may be Governed by the known Laws and Statutes That the War beginning may be prevented That the Ordinance for preventing Free-Quarter may be duly Executed and speed made in disbanding all Armies having their Arrears due paid them The Lords answered the Petitioners That they were at present upon consideration of the Settlement of the Kingdom and doubted not but to satisfie all This Petition was presented to the Commons in the Afternoon when some of the Country-men being gotten almost drunk and animated by the Malignants as they came through Westminster-Hall they fell a Quarrelling with the Guards and asked them why they stood there to Guard a Company of Rogues Then words on both sides increasing the Countrymen fell upon the Guards disarmed them and killed one of them and wounded divers Upon this Alarum more Soldiers were sent for from White-Hall and the Meuse who fellupon the Country-men and killed five or six of them and wounded very many chasing them up and down through the Hall and the Lanes and Passages there abouts 17. The day of Thanksgiving for the success in Wales observed by the Houses but not much in the City After the Sermons the House Ordered the Lord Mayor Aldermen and Common-Council of London not to suffer any multitudes of men to pass through the City nor any to come in Armed and that the Ordinance be renewed for putting Papists and Delinquents c. out of the Lines and twenty Miles from London Order That the Committees of Kent and Surrey take care to prevent tumultuous meetings in those Counties One hundred pounds given to Captain Nichols who brought Letters from Collonel Horton Order to examine and find out the Authors and Printers of some Pamphlets Letters That Lieutenant General Cromwel came to Chepstow where they drew out some Forces against him but Collonel Pride's men fell on so furiously that they gained the Town and beat the Soldiers into the Castle which being strongly fortified and provided Cromwel sent to Bristol for some Great Guns left a Party before it and Marched with the rest to Pembrokeshire 18. Both Houses passed the Ordinances for appointing the Militia of London and the Liberties during the pleasure of the Houses and for Collonel West to be Lieutenant of the Tower and for Major General Skippon to be Major General of London Westminster and the Lines Letters of St. Edmondsbury That about six hundred got together in Arms there about setting up a May-Pole and they cried out for God and King Charles laid hold upon some of the Soldiers and set Guards in several places That some Troops of the Parliament Quartered near and some Country Foot drew together and kept in a Body before the Town all night and kept them in on every side who seeing themselves in that condition sent for a Parley and submitted to mercy Upon a Letter from the Prince Elector his Brother Prince Philip had leave to raise one thousand Voluntiers for the Venetian service Report of a great design in London and the Suburbs of rising for the King in a great Body and to destroy the Parliament and City The House Ordered notice hereof to be given to the Common-Council and That the Militia be put into a posture of defence And That Prisoners be secured and a Committee appointed to draw Heads for an Union and good correspondence between the Parliament and City 19. Mr. Ashburnham and Mr. Legge being apprehended were committed to Windsor Castle Orders for the Committee of Salop to secure such Prisoners as they have surprized in Ludlow Castle and for Winchester Castle to be Garrisoned at the request of that Country 20. An Ordinance transmitted to the Lords for suppressing tumults The Common Councel of London returned in answer to the Parliament's Proposals for Union and good Correspondence That they resolve to remain firmly joyned against the Common Enemy And for this Parliament they did acknowledge with thankfulness their great care and pains for the Kingdom and particularly for this City and that they would live and die with that Parliament according to their former protestation An Ordinance past the Commons for putting Papists and Malignants out of the Lines Order for Captain Wogan and other Officers and Soldiers who came off from Major General Laugherne to the Parliament's Forces to have their Arrears and that the Prisoners taken in Wales and tryable by Marshal-Law shall be so
Southwark c. That the personal Treaty may be hastened and those Militiaes united to the City They had thanks for their good affections and were told that the house had already voted the uniting of the Militiaes Letters from Colchester Leaguer that the Enemy attempted to escape by a Ford but the Parliaments Scouts firing at them they retreated in again That the General to prevent shedding of more blood and the ruine of the Town sent another Summons to the Earl of Norwich the Lord Capel and Sir Charles Lucas to surrender the Town to the service of the Parliament to which they returned a scornful answer that if any more Letters of that kind were sent to them they would hang up the Messenger That presently after the return of the Generals Trumpet the Enemy set fire on another Street of the Town That before any attempt upon the Town the General intends to send for all women and children to come out Letters from the North that Duke Hamilton was come in person into Carlisle where he was received with shooting of Ordnance and ringing of Bells that he marched himself in the Van of his Army his Trumpets in rich Liveries and his Life-guard with Standards and Equipage Prince-like with his Carriages but little Artillery that being expected by them at Carlisle and Sir Marmaduke Langdale with three thousand English to joyn with the Duke The Duke sent a Letter to Major General Lambert to the effect before mentioned and that he was commanded by the Committee of the Estates of Scotland to prosecute their desires here against the Sectaries to liberate the King from his base imprisonment and the two Houses of Parliment from constraint and for the disbanding of all the Armies whereby the subject may be free from Taxes and Quarter and for setling peace and a firm Vnion That being the intentions and desires of the Kingdom of Scotland he expects Lambert will not oppose their just pious and loyal undertakings but rather joyn in prosecution of these ends and desires his present and positive answer To this Letter Lambert returned answer that as to the transactions of the Parliament he could give no answer seeing they are laid open to the view of the world and known to his Excellency That as to the English Forces being drawn upon the borders of Scotland he can the better give answer to that having the conduct of those Forces by Commission from the Lord General Fairfax and his positive Command to be most tender in acting any thing that might give any seeming occasion of offence to our Brethren of Scotland which he hath punctually observed That he believes it never entred into the thoughts of the Parliament or his Excellency the Lord General Fairfax to act any thing prejudicial to the Kingdom of Scotland That the occasion of their drawing Forces near the borders is notoriously known to be for suppressing of Sir Marmaduke Langdale and his adherents many of them Papists and grand Delinquents opposers to the ends of the Covenant and who are risen in rebellion against the Parliament That he wonders at the suggestions of the Parliament of Scotland that the Parliament of England is under Force when all English men except Sir Marmaduke Langdale and his adherents do act only by the immediate authority of the Parliament who sig and command all freely Then he vindicates the Parliaments Proceedings for Peace and to free the People from Taxes and Quarter he concludes that the resolutions of the Committee of Estates are wholly grounded upon mistakes and desires the Duke to consider if they be not contrary to the Covenant He saith that he must in prosecution of the trust reposed in him to the utmost of his power oppose all Forces raised or brought into this Kingdom except those by authority of the Parliament of England in which he hopes the D. will not oppose but rather assist him if the Parliament of England shall desire it 18. A Declaration transmitted to the Lords of the Victories God had given to the Parliaments Forces within a few late Months Letters from Major General Lambert that the Scots Army was joyned with Sir Marmaduke Langdale that they were in all about twelve thousand Horse and Foot he desired supplies of Money and men and it was referred to the Committee of Darby house to take care of it A Petition from the Common Council of London to the House of Commons that no Tax or Imposition may be laid upon New-Castle Coals and that the House would consider of disposing the profits of all places and imployments injoyed contrary to the self-denying Ordinance and the Votes of Parliament Junii 10. 1647. and of Customers Excise-men Committee-men c. for the publick occasions of the Kingdom Another Petition was to both Houses for adding fifteen persons named by the Common Council to be of the Militia of London Another Petition not from the Common Council but with ten thousand Hands to it that the Militiaes may continue distinct that the Parliament would keep the power in their own hands and call what Forces they please to their assistance These and other Petitions from Southwark Westminster c. for joyning the Militiaes together and some against it were referred to a Committee to hear all parties and their Claims and report their opinions to the House A Petition from the Water-men upon the Thames for a personal Treaty and settlement of Peace the Petitioners had thanks for making their Addresses by a few of their Company and were told that they were witnesses of the Parliaments indeavours for Peace who had now the same things under consideration for which they petitioned and would do therein what they judged best for the Kingdom Order for a day of thanksgiving for the great Victories obtained by the Parliaments Forces Letters from Colchester Leaguer that those within the Town made several attemps to escape away but were beaten back again some of them killed and divers wounded That they refused another summons of the General to surrender the Town 19. Intercepted Letters from one in Carlisle that they expect the Prince of Wales there that he sent a Declaration to Sir Marmaduke Langdale to publish to the Army and Country that the King his Father being kept Prisoner by the Parliament he is resolved to use all possible means to free him and re-inthrone him and desires all men to joyn with him therein And he ingages and desires Langdale and his friends to ingage in the Princes name that all who have formerly acted for the Parliament and shall now come in and joyn with him shall not only have their Pardon and Indemnity but all their Arrears satisfied 20. Letters from the Committee of Surrey of a late Insurrection at Horsham but suppressed and that Mr. Middleton a member of the House of Commons was a party in it and imprisoned by that Committee which the House approved and sent for Mr. Middleton
the Committee of Colchester did in assisting the Army with the Norfolk Forces and ordered a Letter of thanks to the Committee of Norfolk for the same 20. A Letter from the King for a safe-conduct for some persons to come from Scotland to the King and to return the House not knowing the persons and whether they were capable to be admitted to come to his Majesty referred to their Members who were late Commissioners in Scotland to consider of those persons and to report their opinion to the House Order for a new Election An Ordinance transmitted to the Lords for re-payment of ten thousand pound lent by some Citizens for the service of the King and the Commissioners for the Treaty and several other Ordinances past for mony and for the Prince Electors Allowance Divers apprehended for counterfeiting mony Letters from Amsterdam that Prince Charles was brought to the Hague with thirty Coaches and solemnly feasted and entertained and that he gave order for new rigging and fitting the revolted Ships out of the prizes he had lately taken That the Mariners in the revolted Ships continue their insolence and debauchery running on shoare drinking and quarrelling that divers have been killed and some thrown over Board 21. The House denyed safe-conduct for the Lord Carnagy one of the persons for whom the King desired it and for Sir Alexander Gibson it was also denyed and ordered a Letter to the King of the reasons of this denial Order for a thousand pound to one in Colchester well affected to the Parliament whose House was fired and five hundred pound to another out of Delinquents Estates there Letters from Ireland that the Forces of Colonel Jones and of Colonel Monk were marched into the Enemies Country to destroy or fetch in their harvest wherein they had advantage by the divisions of the Rebels Commanders and that Colonel Jones had taken in some Strong holds in Kilkenny Letters from Anglesey of the differences between the Lord Bulkely and the Lord Byron that the Island is in an uproar and that Colonel Mitton with a strong power is marching towards them 22. Order for discharge of fifteen hundred firelocks lately taken in a Ship An Ordinance transmitted to the Lords for allowing the Accounts of the Commissioners of the Excise Order for all who ingaged in the late tumults to be put out from being Justices of the Peace Deputy Lieutenants or from any other imployment Reference to a Committee of the Petitions of the Widows who have lost their Husbands in Ireland An Ordinance for Dr. Chamberlain to have the Improvement of all Bathes for fourteen years committed Order to exclude all private business for fourteen daies 23. Order for an hundred and fifty pound for Major Rolphe Order for mony for the Commissioners of the Treaty The King desired a part of the preamble which seems to lay the bloud-shed upon him may be respited till the end of the Treaty Order for a Letter of thanks to the Comissioners for the Treaty for their prudent managing thereof and to acquaint them with the care of the House for their accommodation Two were condemned at Oxford for attempting to betray that Garrison and cast lots for their lives it fell upon him that was least guilty and most free in his Confession and therefore some of the Assembly of Divines and others mediated with the General for his Pardon Two others were condemned and one of them executed for running away from their Colours to the Enemy at Colchester 25. Upon a Letter from the Lieutenant General order for a Fort to be built at Yarmouth A Committee named to examine Debenters whether the Souldiers were absent at the time of their Debenters Letters from Colonel Bethel and Colonel Lassels of the taking of Scarborough Town and a list of the Prisoners The House left it to them to dispose of the Prisoners and to examine which of them had ingaged never to bear Arms against the Parliament that they may be tryed Order for an Impeachment against the Lord Goring and an Act of Attainder against the Lord Capell to be brought in Addition to the Committee to examine Duke Hamilton and the Prisoners of Kent Order for the Committee at Derby House to give a Commission to Colonel Ashton to be Major General of the Lancashire Brigade and to have the pay of forty Shillings per diem besides the pay of a Colonel of Horse and a Colonel of Foot The relieving of the besiegers of Scarborough with Ammunition approved and as much to be restored to Colonel Overton who did it from Hull Major General Brown one of the Sheriffs of London acquainted the House with a Letter he received from the King for the reprieve of some Prisoners convicted for Robbers being sons of his servant Major Knight The House ordered them to be left to the Justice of the Law The Lords ordered a stay of the Sale of goods seised for the delinquency of the Lord Maitland The Lords concurred in the Ordinances for the Scribes of the Assembly to print the Lesser Catechism and to have the benesit of it for one year and to the Prince Electors Ordinance Letters from Lieutenant General Cromwell that the Scots denying to surrender Berwick inforced the Parliaments Army to pass Tweed else they could not besiege it nor could they pursue the Enemy who had lately made much spoyle in England That he sent over Major General Lambert with part of the Army That Monroe left neither Corn nor Cattle in Northumberland that Cromwell sent Colonel Bright and Scout Master General Rows to the Marquess of Argyle to consult about assisting him according to his request those of Monroe's party being too strong for him Cromwell published a Proclamation upon his entring of Scotland That where as the Parliament's Army marched thither to pursue the Enemy that lately invaded England and for the recovery of Berwick and Carlisle He declares that if any Officer or Souldier under his Command shall take or demand any mony or shall violently take any Horses Goods or Victuals without order or shall abuse the people in any sort they shall be punished according to the Articles of War this to be published at every Troup and Company Signed Cromwell Upon a meeting of the Commissioners of the Seal they agreed upon the names of Judges and Serjeants to be presented to the House 26. The House was called and a hundred and fifty Members were absent and a new call Ordered Letters from the King for passes for some of his to go to Scotland and from thence to come to his Majesty Letters from the Navy that the Earl of Warwick had taken an Irish Ship loaden with tallow c. Letters from the Isle of Wight that the two first days of the Treaty were spent in laying down the method that nothing should be binding but what was in writing and not that till the end of the Treaty and that
have some other form of Prayer in his own Chappel The like concerning his consent to Bills to prevent the saying and hearing of Masse all unsatisfactory Order that the Commissioners do press his Majesty further for his final answer to the business of the Church and inform him of these Votes and the Lords concurrence herein to be desired Order of both Houses that the Committee appointed to draw the Kings concessions upon the whole Treaty into Bills do meet for speedy dispatch of that business 13. Vote upon his Majestie 's propositions 1. That a Committee named do draw up something for his Majesties coming to London and present it to the House and instructions for the terms his Majesty being already in freedom honour and safety at the Treaty 2. That it be referred to a Committee to consider of his Majestie 's desires concerning his revenues 3. That an Act of Oblivion shall be presented to his Majesty to be passed with such limitations as shall be agreed on by both Houses The Lords concurred with the Commons concerning the seven persons to be excepted from Pardon only instead of the Earl of New-Castle and Sir Jo. Winter they voted Sir Geo. Ratcliffe and the Lord Byron to be two of the seven Both House passed Instructions for the Commissioners of the Great Seal for the making of new Sergeants and the Judges according to the former orders of the Houses Justice Rolles to bring in his former Patent and to receive a new Commission under the Great Seal to be Lord Chief Justice of the Kings Bench. Mr. Brown to have seniority of Sergeant Jermyn Brown having been a Commissioner of the great Seale and the rest that were Commissioners of the Great Seal having had priority to plead within the Barr to be Seniors and Sir Thomas Bedingfield Mr. Recorder c. in order Letters from the General that having had a meeting of the Officers of the Army he apprehends their general sad resentment of the many pressures upon the Kingdom particularly that of free-quarter whereby they and the Souldiers who have faithfully served the Parliament are even a burden to themselves because they are so much to the poor Country Complains of the great want of pay and necessaries for the Army desires an effectual provision therein to prevent those ill consequences which otherwise delay therein may produce Letters from the North. That Lambert and his men received a dismission from the Committee of Estates and were upon their March for England and they gave him many expressions of thanks for his good service done to that Kingdom Lieutenant General Cromwell sent a summons to the Governour of Pontefract Castle to render it to the use of the Parliament and the Governour desired to be satisfied that he had power to perform the conditions The first Sergeants approved before the Commissioners of the Great Seal in the Queens Court but they did not call them in until the House of Commons had passed the order for the precedency of M r Brown before Sir Thomas Bedingfield and M r Recorder at which most of them did grumble 14. The account of Colonel Gould stated and allowed and four thousand four hundred and forty three pound ordered to him and an Ordinance for it transmitted to the Lords Ten thousand pound inserted into an Ordinance formerly past for five thousand pound for the guards of the Horse of the Parliament Debate about taking off free-quarter and disbanding Supernumeraries and a question for adding three thousand pound to the Establishment of the Army in regard of the Garrisons of Berwick and Carlisle past in the Negative which discontented the Army and was therefore thought by some to be put on the rather The Lords concurred in the banishment of the four persons voted by the Commons but in regard that three of them are Peers of the House they desired that the Ordinance for it might begin in their House A Message from his Majesty that he did consent to the little Catechism with the addition of a preface and also that the Parliament dispose of all great Offices for twenty years as they desire Letters from the Earl of Warwick and a Declaration in vindication of himself and the scandal cast upon him by a false Pamphlet and lying report that he resolved to joyn with the Prince in case the Treaty took not effect 15. Colonel Rossiter had the thanks of the House for his good services Vote that his Majestie 's coming to London shall be with honour freedom and Safety so soon as the concessions of the Treaty shall be agreed upon 2. That he shall have his Lands and revenues made good to him according to the Laws 3. What he shall pass away of his legal right he shall have allowance in compensation thereof 4. That an Act of Oblivion shall be presented to his Majesty c. Both Houses agreed to these Votes and to send them to his Majesty Upon Letters from Lieutenant General Cromwell of the wants of his Forces referred to the Committee of the Army to consider of the particulars and to supply them Order for two hundred and fifty Barrels of powder with match and bullet proportionable for the Forces before Pontefract and Scarbrough The Commons adhered to their vote to except the Earl of New-Castle and Sir Jo. Winter from pardon Letters from the Hague that Prince Charles was upon recovery that Prince Rupert was made Admiral and the Lord Gerrard Vice-Admiral that some of the revolted Ships were come in to the Earl of Warwick and those Sea-men that continued with the Prince were disorderly The Commissioners of the great Seal went into the Kings Bench where they sat in the middle the Judges on each side of them And there they did swear the Lord Chief Justice of that Court Judge Rolles and Sir Tho. Widdrington made a very learned speech to him From the Kings Bench they went to the Exchequer and sat in the Court the Barons on each hand of them and a great Company both of Lawyers and others thronging round about the Court there they did swear Serjeant Wilde to be chief Baron and Whitelock made the speech to him which because it clears some mistakes concerning the antiquity of that Court was thought fit to be here inserted M r Serjeant Wilde THE Lords and Commons in Parliament taking notice of the great inconvenience in the Course of Justice for want of the antient and usual number of Judges in each of the high Courts at Westminster whereby is occasioned delay and both Suitors and others are the less satisfied and being desirous and careful that Justice may be Administred more Majorum and equal right done to all men according to the custom of England they have resolved to fill up the Benches with persons of approved fidelity and affection to the publick and of piety Learning and integrity and having found by long experience among themselves that you Mr. Serjeant
Court of Justice sate in the afternoon and heard proofs to the Impeachment the King was brought from Windsor to St. James's in Order to his Tryal The General Councel of the Army met and the draught of the agreement of the People was subscribed by many of them and Sir Hardress Waller and sixteen other Officers were appointed to present it to morrow to the House of Commons Information of a Vessel taken by Colonel Russel Governour of Guernsey and Captain Burley in her A Petition from North-Wales to the Councel of the Army complying with their Remonstrance c. for which the Councel gave them thanks The two Lords Commissioners of the Seal still refused to joyn in signing Warrants for Writs to adjourn the Term whereupon Sir Tho. Widdrington and Mr. Whitelock went to the Speaker and acquainted him with all passages and their intentions in this business to procure an Act of the House of Commons to command Sir Thomas Widdrington and Mr. Whitelock to sign Warrants without the Lords for Writs to adjourn the Term and to draw an Act for that purpose the Speaker approved of this way and offered that he would present the Act to the House for this purpose 20. Lieutenant General Hammond and divers chief Officers of the Army presented to the House in the name of all the Army from the General Council of the Army a Petition and a Writing concluded on by them intituled an Agreement of the People of England desiring a serious and speedy consideration thereof by the House The Petition was read but not the Writing it being long and the House having resolved to rise at twelve a Clock in regard the Commissioners for Tryal of the King were to sit in the afternoon yet they returned to the Officers this answer and Ordered That the thanks of the House should be given to these Officers for their particular and great services to the Kingdom and that they be desired to return the hearty thanks of the House to his Excellency the Lord General and all the Army for all their unwearied and gallant services to the Nation And that the Petition with this answer should be forthwith printed and published that the Kingdom might take notice of the Union and affection between the Parliament and Army and for the Agreement and Declaration they should be taken into speedy and serious consideration Upon a conference betwixt the King and Mr. Hugh Peters and the King desiring that one of his own Chaplains might be permitted to come to him for his satisfaction in some scruples of conscience Doctor Juxon Bishop of London was Ordered to go to his Majesty Order that the Commoners Commissioners of the Great Seal should issue forth Writs for adjourning of the Term though the Lords Commissioners did not joyn with them The High Court of Justice sate in the place in Westminster-Hall made for them the President had the Sword and Mace carryed before him and twenty Gentlemen attended as his guard with Partizans commanded by Colonel Fox After an O yes and silence made The Act of the Commons of England for sitting of the Court was read and the Court was called sixty of the Members appeared The King was brought from St James's to White-Hall and from thence by Water guarded with Musquetiers in Boats to Sir Robert Cottons House near Westminster-Hall and from thence to the Bar of the Court attended by Colonel Hacker with about thirty Officers and Gentlemen with Halberts At his coming to the Foot of the stairs he was met with the Mace of the Court and conducted to a chair within the Bar where he sate down in the Face of the Court they all being covered as well as his Majesty The Lord President in a short speech acquainted the King with the cause of his bringing thither in Order to his Tryal upon a charge against him by the Commons of England which was then to be read and his Majesty to give his answer thereunto The King Offered to speak before reading of the Charge but upon some interruption was silent and the Charge was read By which he was charged in the name of Charles Stuart King of England as Guilty of all the Blood that had been shed at Kenton Brainford Newbury and other places where he had been present in Arms against the Parliament and other particulars very large The King smiled at the reading of his Charge and after it was read demanded of the President by what lawful Authority he was brought thither and being answered in the name of the Commons of England He replyed he saw no Lords there which should make a Parliament including the King and urged that the Kingdom of England was hereditary and not successive and that he should betray his trust if he acknowledged or made answer to them for that be was not convinced that they were a lawful Authority After he had been often demanded to answer and refused he was remanded to Sir Robert Cottons House and thence to St. James's and the High Court adjourned and kept a Fast together at White-Hall Sir Thomas Widdrington seemed to scruple the signing of Warrants without the Lords for adjourning of the Term. 22. The Commissioners of Scotland delivered some Papers to the House and declared that Scotland had an undoubted interest in the person of the King that he was not delivered to the English Commissioners at New-Castle for the ruine of his person but for a speedier settlement of the Peace of his Kingdom That they extream'y dissent and declare against the Tryal of him and that this present way of proceeding against him leaves a deep impression on them and sits heavy on all their Spirits in regard of the great miseries that are like to ensue upon the Kingdoms And they moved for leave of the House to make their personal Addresses to the King The House referred it to a Committee to draw up an answer to the Parliament of Scotland This Declaration with some Papers from the Parliament of Scotland were likewise presented by their Commissioners to the Lord General A Letter to the General from the Officers before Pontefract Castle concurring in the Action of trying the King secluding the Members of Parliament who carried on corrupt designs and acknowledging the present proceedings of the Army to be the work of God alone The High Court of Justice sate and the King was again brought to the Bar. Mr. Coke Sollicitor General moved That whereas the Prisoner had refused to make answer to the Charge against him that now he might be directed to make a positive answer either by way of confession or negation which if he shall refuse to do that the matter of the Charge may be taken pro confesso and the Court may proceed according to Justice The President then required the King to answer to the Charge against him by the Commons of England of High Treason c. The King confessed
to endeavour to the last gasp the peace of the Kingdom So Sirs I do wish with all my Soul and I do hope there is some here that will carry it further that they may endeavour the peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in a way first you are out of the way for certainly all the way you ever have had yet as I could find by any thing is in the way of conquest Certainly this is an ill way for Conquest Sirs in my opinion is never just except there be a good just cause either for matter of wrong or just title and then if you go beyond it the first quarrel that you have to it that makes it unjust at the end that was just at first But if it be only matter of Conquest then it is a great robbery as a Pyrate said to Alexander that he was a great robber he was but a petty robber and so Sirs do I think the way that you are in is much out of the way Now Sirs to put you in the way believe it you will never do right nor God will never prosper you until you give him his due the King his due that is my Successours and the People their due I am as much for them as any of you can be You must give God his due by regulating rightly his Church according to his Scripture which is now out of order for to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when that every opinion is freely and clearly heard For the King indeed I will not then turning to a Gentleman that touched the Axe he said hurt not the Axe that may hurt me For the King the Laws of the Land will clearly instruct you for that therefore because it concerns my own particular I only give you a touch of it For the People and truely I desire their liberty and freedom as much as any Body whomsoever but I must tell you that their liberty and their freedom consists in having of Government those Laws by which their life and their goods may be most their own It is not for having Share in Government Sirs that is nothing pertaining to them a subject and a Soveraign are clean different things and therefore until they do that I mean that you do put the People in that liberty as I say certainly they will never enjoy themselves Sirs it was for this that now I am come here if I would have given way to an arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your Charge that I am the Martyr of the People In troth Sirs I shall not hold you much longer for I will only say this to you that in troth I could have desired some little time longer because that I would have put this that I have said in a little more order and a little better digested it than I have done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are best for the good of the Kingdom and your own Salvation Then D r Juxon spake Will your Majesty though it may be very well known your Majesties affections to Religion yet it may be expected that you should say somewhat for the worlds satisfaction K. I thank you very heartily my Lord for that I had almost forgotten it In troth Sirs my conscience in Religion I think is very well known to the world and therefore I declare before you all that I dye a Christian according to the profession of the Church of England as I found it left me by my Fathers and this honest man I think will witness it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gracious God I will say no more Then turning to Colonel Hacker he said take care that they do not put me to Pain and Sir this and it please you Then a Gentleman coming near the Axe the King said Take heâ—d of the Axe pray take heed of the Axe Then he said to the Executioner I shall say but very short Prayers and then thrust out my hands Two men in disguises and vizors stood upon the Scaffold for Executioners Then the King called to D r Juxon for his Night-cap and having put it on he said to the Executioner does my Hair trouble you he desired it might all be put under the cap which the King did accordingly by the help of the Executioner and the Bishop Then the King turning to D r Juxon said I have a good cause and a gracious God on my side D r Juxon There is but one stage more this stage is turbulent and troublesome it is a short one but you may consider it will soon carry you a very great way it will carry you from Earth to Heaven and there you shall find a great deal of Cordial joy and comfort King I go from a corruptible to an incorruptible Crown where no disturbance can be D r Juxon You are exchanged from a temporal to an eternal Crown a good exchange Then the King took off his cloak and his George which he gave to Dr. Juxon saying Remember some other small ceremonies were past after which the King stooping down laid his Neck upon the block and after a very little pause stretching forth his hands the Executioner at one blow severed his head from his Body Then his Body was put in a Coffin covered with black Velvet and removed to his lodging Chamber in White-hall At this scene were many sighs and weeping Eyes and divers strove to dip their handkerchiefs in his Blood The House sate early and the Dutch Ambassadors having sent them a transcript of their Ambassy in English it took up much time in the reading and was referred to a Committee to draw up the answer to it An Act past to prohibit any to proclaim the Prince of Wales or any other to be King or chief Magistrate of England or Ireland without consent of Parliament on pain of High Treason Some imperfect Copies of the proceedings at the Tryal of the King being printed the House referred it to the High Court to draw up a Narrative of those proceedings to be confirmed by the House The Act forbidding the proclaiming of any King was Ordered to be sent down to all the Sheriffs to be proclaimed in all Counties Duke Hamilton and the Lord Loughborough escaped out of Windsor-Castle 31. Between three and four a clock this morning Letters came from Windsor to Lieutenant General Cromwell of the escape of Duke Hamilton and his man the last Night Warrants were presently issued forth and five hundred pound promised
Painted Chamber and such who had any evidence to give against the Earl of Holland Earl of Cambridge Lord Goring Lord Capell and Sir John Owen or any of them were to repair thither where they might be heard A Committee to examine the Authours and publishers of a Pamphlet and such as have preached printed and published seditiously the proceedings in bringing the King to justice and to prepare an Act to restrain the preaching and printing any thing against the proceedings of the House and of the High Court of Justice Letters from Scotland that the Parliament and priests there are at much variance that they bring all to the stool of repentance that were in the last invasion of England yet they are now as much as ever Enemies to the proceedings of the Parliament and Army in England That they talk big of raising an Army in revenge of the Kings Blood and all will joyn unanimously against the Sectaries of England and ground themselves upon breach of the Covenant Letters from New-Castle that many Ships were loaden with Coals for London and the Coast clear and their Governour Sir Arthur Haselrigge and some Officers of the Garrison were gone for London Letters from Pontefract that upon notice of the Kings execution the Garrison made a stout Salley but were beaten in again In the House the debate was long and smart concerning the Lords House 6. Debate concerning the House of Lords and the question being put whether the House of Commons should take the advice of the House of Lords in the exercise of the Legislative power of the Kingdom it was carried in the Negative by many voices Then they voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in to this purpose A Committee named to draw up an Act for making the Estates both of the late Members of Peers and likewise of the House of Commons liable to the Law for payment of all debts Referred to a Committee to consider of a way to take away all Appeals to the Lords and to discharge all persons committed by them in relation thereunto and how the Peers may be elected Burgesses and Knights to serve in the House of Commons Debate what Government to set up in England and Ireland and whether Kingship should be abolished or not Divers Sheriffs made Scruple of acting in their Office because of the Death of the King Order for instructions to be drawn up therein Order for Sergeant Bradshaw to make a Deputy in Guild-Hall where he is Judge in regard of his imployment in the High Court The accounts allowed of the Charges of the Kings Tryal Letters that the Irish Pyrates take divers vessels at Sea from the English and that the several Parties in Ireland are agreed to carry on the designs of the Prince of Wales It was put upon Whitelock to draw an Act to take away the House of Lords wherein he desired to have been excused in regard he was not in the house when the vote passed and had Declared his opinion against it but he could not get excused 7. Debate whether the Government by Kings should be abolished and upon the Question whether it should be referred to a grand Committee of the whole House it was carried in the Negative Then after a long and quick Debate they passed this vote Resolved upon the Question by the Commons of England in Parliament assembled That it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single person is unnecessary burthensome and dangerous to the liberty safety and publick interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in to that purpose A Committee appointed to bring in names of persons not exceeding forty to be a Councel of State Instructions passed for drawing new Commissions for the Judges the new Great Seal being ready The Judges appointed to meet with the Speaker and a Committee of the House about the Judges Commissions The High Court of Justice sate receiving witnesses and preparing the Charges against the five persons to be tryed The Earl of Holland sent up by post that he was dangerously sick at Warwick-Castle The Corps of the late King was removed from St. James's to Windsor to be interred in St. George's Chappel there and monies allowed for it An Act appointed to be brought in to make Sir Thomas Widdrington and Whitelock Commissioners of the new Great Seal with a blank for others to be added 8. Instructions passed for Commissions to the Judges of whom six agreed to hold viz. Rolles Jermyn St. John Pheasant Wilde and Yates provided that by Act of the Commons the fundamental Laws be not abolished The other six Judges viz. Bacon Brown Bedingfield Creswell Trevor and Atkins were not satisfied to hold Order for altering the Judges Oaths formerly in the name of the King now to be in the People A Committee appointed to bring in a list of fit persons to be Justices of peace in every County Instructions passed for rewards to such as shall bring in any of the revolted Ships The Duke of Richmond and others had leave to attend the late Kings funeral at Windsor Widdrington and Whitelock without the Lords who were in Commission with them yet having an Act of the House of Commons for it they went with the old great Seal to the House Mr. Malbon the usual Seal-bearer carried it to the door where Widdrington and Whitclock took the Purse and Seal in it and both of them holding it brought it in solemnly into the house all the Members being silent and laid it down upon the Table in the house Then the House past an Act for the old Seal to be broken and a work-man was brought into the house with his tools who in the Face of the house upon the Floor brake the old Seal in pieces and the house gave to Widdrington and Whitelock the pieces and purse of the old Seal After this the House passed another Act for establishing the new Great Seal to be the Great Seal of England Then they read another Act to constitute Widdrington and Whitelock to be Commissioners of the New Great Seal which occasioned Sir Thomas Widdrington to stand up and excuse himself very earnestly because of his unhealthfulness but that excuse would not be allowed Then he further excused himself by reason of some scruples in conscience which he had concerning the acting in this high place though he did acknowledge the Authority and submit to it and had Acted by vertue of it in signing a Warrant for a Writ to adjourn the Term and bringing in the new Great Seal without the Lords Commissioners Upon a long Debate the House did excuse Widdrington and to manifest their respects for his former services
particulars mentioned by my worthy Colleague that spake last in which I have owned your Authority And for a strict formal pursuance of the Ordinary rules of Law it hath been hardly to be discerned in any of the late proceedings on either side in all our great and weighty transactions Unavoidable necessity hath put us upon those courses which otherwise perhaps we should not have taken I am sure my sitting and acting here is according to the known Laws of England and that my protection at this time is only from you therefore my obedience is only due to you and there is no other visible Authority in being but your selves There are sufficient reasons to justify an obedience to your Authority which truly Sir I do own and not scruple at all as things now are to act by that Authority I only scruple my undertaking this great Charge knowing my own want to perform it as I ought to do this place requires quick apprehension general learning and deep judgment all which are wanting in me but I see many worthy Gentlemen within these Walls of much greater abilities and more compleatly furnished for the execution of this Charge than I am My humble Motion therefore to you is That you will be pleas'd to think of some persons more fit and worthy of this great trust than I am and to excuse me from being one of your Commissioners for the Great Seal of England which is a place too high for me The House would not allow of his excuse but after a little debate the question was put and it was voted Nemine contradicente that he should be one of the Commissioners for the Great Seal Then Mr. John L'Isle was named to be another of the Commissioners and after a short and no eager excuse made by him and his high owning of their Authority which he had sufficiently done before as one of the High Court of Justice for tryal of the King Mr. L'Isle was Voted to be another of the Commissioners for the Great Seal Lastly Mr. Sergeant Keeble was named to be the third Commissioner of the Great Seal and two of them of the Quorum Upon debate the time for their being Commissioners was Voted to be quam deu se bene gesserint The Title held some debate whether they should be stiled Commissioners or Lords Commissioners and though the word Lords was less acceptable at this time than formerly yet that they might not seem to lessen their own Authority nor the Honour of their Officers constituted by them they Voted the Title to be Lords Commissioners and the Act was passed presently in these words An Act of the Commons assembled in Parliament for committing the Great Seal of England into the hands and custody of Commissioners Beit enacted by this present Parliament and the Authority of the same that the Great Seal of England shall be committed to the keeping of Bulstrode Whitelock Sergeant at Law Richard Keeble Sergeant at Law and Iohn L'Isle Esq who are hereby appointed Lords Commissioners for that purpose quamdiu se bene gesserint which said Persons are hereby constituted and appointed to be Lords Commissioners for the Custody of the Great Seal of England during the time aforesaid and they or any two of them shall have and are hereby authorised to have the Custody Keeping Ordering and Disposing thereof as also all such and the like powers and Authorities as any Lord Chancellour Lord Keper or Commissioners of the Great Seal of England for the time being have Lawfully had and used or ought to have had or used Hen. Scobell Cleric Parliamenti Sergeant Keeble was sent for and they three being commanded by the House to come up to the Table Whitelock went in the middle Sergeant Keeble on his right hand and M r L'Isle on his Ieft hand there the Speaker gave them their Oaths Well and truly to execute the place of Commissioners for the Seal and then he delivered the new Great Seal to them They put up the Seal in the Purse and with the usual Ceremonies and reverence they brought it out of the House and went into the Queens Court where they sealed it up with their Seals and went their selves to see it locked up in the Tower in M r Brown's House where it was usually laid before 9. Many Justices of the Peace scrupling to Act because their Commissions were in the name of the King a Committee was appointed to consider of another form for them and thatthey might be commanded to Act in the name of the Parliament The House confirmed the election of the Lord General and Colonel Rich to be Burgesses for Cirencester and to admit them Members This being the first day of the Term the six Judges who were inclined to hold their places were as yet much unsatisfied because the Oaths of Allegiance and Supremacy were still continued and because the House had not declared that the fundamental Laws should be continued and the Judges to administer justice accordingly They debated these matters together and in conclusion came to this result that if the House would pass such a Declaration repeal the Oaths of Allegiance and Supremacy and alter the Oath of a Judge that then they would presently sit in their places 'T was told them it would be hard to procure all this to be done in the House so soon as that they might sit in the several Courts this morning and if they should not sit this first day of the Term it would be some interruption to the Course of Justice and reflect upon the Parliament They were intreated to draw the Declaration themselves as they desired the House should pass it which they did presently and the Cmmissioners of the Seal went into the house and acquainted them with the consequence of the business which they tendred to them to be forthwith passed to enable the six Judges to sit in Court this morning The House were so sensible of the reasonableness and fitness to give a speedy dispatch to this business that they laid aside all other and soon Voted That the Oaths of Allegiance and Supremacy should be null and void made a satisfactory alteration of the Oath of a Judge and passed the Declaration drawn by the Judges They were satisfied herewith and the Commissioners presently sealed their Patents and gave them the new Oath of Judges then they went and sate in their several Courts and the Commissioners of the Seal sate in Chancery They caused the Declaration to be read and spake to the Auditory concerning the business to give them satisfaction and to settle their minds this they took occasion to do in their Speeches to the Judges and therein 't is believed they did some service for the Parliament Upon the desire of the Committee for the Revenue the Lord General granted his Warrant to all Officers and Souldiers to suppress the cutting down and destroying of Timber and killing of Deer in any of the publick Forests Chaces
a Pass for himself and his attendants forty Horse but none other to go over with him Report by Lieutenant General Cromwell from the Committee of Estates that according to the Order of the House nineteen of the Committee had subscribed for approving the Kings execution but that two and twenty of the Committee had refused Not but that they confest except one the Commons in Parliament to be the supreme power of the Nation and that they would live and dye with them in what they should do for the future But they could not confirm what they had done in relation to the King and Lords this report was committed Debate about disbanding the Kentish Forces and referred to a Committee to examine the publishing of Papers to Proclaim the Prince to be King The high Court of Justice sate and witnesses proved that the Earl of Cambridge was Prisoner to the Lord Grey before the Articles with Major General Lambert were concluded Letters produced signed with his own hand to Sir Marmaduke Langdale touching the carrying on of the design in England and passages touching his Friends in Colchester Proved also that he was called by the late Kings Writ to sit in Parliament in the Lord Houses by the name of Earl of Cambridge and appeared as Earl of Cambridge and acted as a Peer of England sitting in the Lords House and in divers Committees That as a Peer of England he took the National Covenant and subscribed to it Cambridge in the House of Peers and took the Negative Oath before the Commissioners of the Great Seal as a Peer of England Letters from Scotland that Sir Joseph Douglas was chosen by their Parliament to go to their new Proclaimed King to acquaint him with what the Parliament had done and to desire him to take heed of evil Counsellours That they are putting the Kingdom into a posture of defence Colonels chosen in all the Shires and every fourth man to be arrayed and trained Letters from Pontefract that one Beaumont a Priest was executed for corresponding with the Garrison in Characters and he chose to dye rather than to discover the Characters At the Council of State they were all demanded to subscribe the test appointed by Parliament for approving all that was done concerning the King and Kingship and for taking away the House of Lords and against the Scots invasion c. All the Lords and divers other Members of the Council refused to subscribe this test the General desired to be spared for what was past as to subscribing but he and the rest of the refusers affirmed that for the future if the Parliament thought them worthy to be imployed they would joyn with them and faithfully serve them Many of the Commons refusers to sign it as it then was made divers scruples some to one part of it some to another Whitelock scrupled that part of approving the proceedings of the High Court of Justice because he was not privy to them nor did know what they were in particular nor ever heard any report of them made to the house and not knowing what they were he could not sign that paper to approve of them the like was said by divers others 20. Offer for Merchants approved to send out Ships at their own charge in the next Summers Fleet. Order for three thousand pound for the Maimed Souldiers and for Sale of the Crown Jewels Hangings and goods to raise money for the Navy An Act for the Commons to call Common Councels in London Debate about the Act for Sale of Deans and Chapters Lands 21. Letters directed from the House to the Judges in their Circuits to give order for due payment of the Excise and that all rioters against it be punished Upon a report from the Council of State an Act passed for repealing the Commission to the Earl of Warwick as Lord Admiral and an Act Ordered to be brought in giving power to the Commissioners of the Navy to command the Fleet as the Lord Admiral had done An Act passed for the Company of Weavers in London The Hart Frigat revolted to the Prince the Sea-men set the Captain on shore the Prince was courted at the Hague as King but not by the States publickly The High Court of Justice sate and their order was read to the Lord Capel that they would hear what he could say this day and then proceed to judgement He said he was to be comprehended wholly in the Martial Law and urged the Articles again which excepted Tryal after by Parliament that divers that were in Colchester in his condition had compounded That breaking Prison for Treason by Common Law was but felony and benefit of Clergy might be had at last when he could not get the resolution of the Court to be referred to a Tryal by Martial Law He moved that he might not be barred of additional defence and that if he must be judged by the Common Law he hoped he might have the full benefit of it He urged for it the late Act which saith though King and Lords be laid aside yet the fundamental Laws shall be in Force He recommended to the Court Magna Charta and the Petition of Right and prest the consideration of the Act made in favour of those who assisted K. Hen. 7. and the exception in the Acts touching the Lord Strafford and Canterbury that they should not be drawn in precedent He desired to see his Jury and that they might see him and to be tryed by his Peers and said he believed that a precedent could not be given of a subject tryed for his life but either by Bill in Parliament or by a Jury Witnesses were heard against the Earl of Cambridge 22. Debate about the business of the Navy and to incourage the Sea-men Order that the Councel of State take care for preserving the Library Medals and Statues at St. James's An expedient assented unto for the Members of the Council of State that they should subscribe the test to approve of what shall be done by the Commons in Parliament the supreme Authority of this Nation but nothing of confirming what was past Referred to the Council of State to take care for the preserving of Timber for the Navy The Earl of Cambridge brought before the High Court produced his witnesses some of whom were disallowed being Officers under him and so Participes Criminis He pleaded that he had not broken the Negative Oath for he had not ingaged against the Parliament but for the ends in the Scots Declaration His Council moved that they might with the Council of the Common-Wealth state the case of the Earl but this was denyed being in case of Treason and that the Earl's Council could only declare their opinions in point of Law Upon the Earl's desire he had further time granted him The Council of the Army Ordered some to prepare a draught of such things as might be presented by them to the
Pawlets composition at three thousand seven hundred and sixty pound allowed and four thousand and two hundred pound for the Lord Pawlet An Act for a new Seal for the Courts of Wales and for Powell Eltonhead Parker and Clerk to be Judges there Letters from Scotland that the Parliament resolved to raise an Army of seventeen thousand Foot and six thousand Horse against the Sectarian Army in England in prosecution of the Covenant they having a report that an Army of English was upon their Borders That Colonel Monroe and Colonel Fizen with a party of Horse and Foot in the Northern parts of Scotland having Declared for King Charles II. taken Enderness and increased to four thousand the Scots Parliament repealed their votes of raising an Army against England and Ordered Forces against Monroe and his Party Pontefract desired a Treaty and were full of sickness in the Garrison 6. Report from the Council of State of forty thousand Horse and Foot to be kept up in England and Ireland whereof twelve thousand for Ireland their pay to be eighty thousand pound per mensem and free-quarter to be taken off Mr. Cauton a London Minister in his Prayer before the Lord Mayor having prayed for Charles II. as lawful King referred to Mr. Steel and Mr. Coke to prosecute him in the Upper Bench for Treason upon the late Declaration Letters of proclaiming King Charles II. in Guernsey Island by Sir George Carteret Letters from Holland that the Ministers there in their Pulpits inveigh against the proceedings in England and Pray for King Charles II. Referred to the Council of State to consider what is fit to be done herein and to preserve a good correspondence betwixt the two Nations The Earl of Cambridge brought before the High Court and asked what he had further to say why sentence should not be pronounced against him spake to the same effect as formerly The Earl of Holland and Lord Goring extenuated what they could their Offences as being rash not much hurtful c. The Lord Capel briefly repeated what he had formerly said and further observed an Ordinance of Parliament That Quarter should not be given to Irish Rebels for life which implyed that quarter given to others should be inviolable for life Sir John Owen pleaded quarter The President in his Scarlet robes spake many hours in answer to the several pleas of the Prisoners and at last sentence was given against them all that their heads should be severed from their Bodies yet with relation to the Mercy of Parliament 7. Referred to a Committee to draw up an Act for taking off all priviledge from Noblemen and to make their persons as liable to Law as any Commoner An Act committed for taking away Kingly Government and another for dissolving the House of Peers The Earl of Warwick and the Countess of Holland presented a Petition for the life of the Earl of Holland and divers Ladies for the others against whom the High Court had pronounced sentence of Death After some hours Debate upon these Petitions the House resolved upon the Question not to proceed any further upon these Petitions but to leave them to the Justice of the Court that sentenced them Then the Ladies Petitioned the High Court who only reprieved the Execution for two daies 8. A New form for electing Members of the House assented to Order that the Council of State nor Committees do not sit after nine in the Morning when the House sits Orders for seventy thousand pound per mensem for the Forces in England and thirty thousand pound per mensem for the Forces in Ireland and for an Act for eighty thousand pound per mensem assessment for the Forces and free quarter to be taken off New Petitions of the condemned Lords and a Letter from the General touching their Articles and after a long Debate the Question was put of them severally and voted That the Lord Capel should not be reprieved And carried by one vote that the Lord Goring should be reprieved this one vote was the Speaker who carried the House being equally divided four and twenty of each part and he said he did it because he had formerly received some civilities from the Lord Goring and his single vote now saved his life The House was also divided upon the question whether the Earl of Holland should be reprieved or not and the Speaker gave his voice against him Thus the Lord Goring who had been no friend to the Religious party was saved and the Earl of Holland who had been a most civil person to all and a very great friend to the old Puritans and protected them in the time of his greatest interest by the same single Vote lost his life This may be a caution to us against the affectation of popularity when you see the issue of it in this Noble Gentleman who was as full of Generosity and Courtship to all Sorts of Persons and readiness to help the oppressed and to stand for the rights of the people as any person of his quality in this Nation Yet this person was by the Representatives of the people given up to execution for Treason and another Lord who never made profession of being a friend to liberty either Civil or Spiritual and exceeded the Earl as much in his Crimes as he came short of him in his popularity the life of this Lord was spared by the people The resolution touching Duke Hamiltons Reprieve past in the Negative and for Sir Jo. Owen in the Affirmative and these Votes ordered to be sent to the High Court of Justice 9. Amendments to an Act for provision for the Forces of England and Ireland assented to The House rose early being thin because of the execution of the Lords The Earl of Cambridge was brought to the Scaffold in the Palace-Yard at Westminster and after some discourse with Dr. Sibbalds a Minister that came with him he turned to the people and seeing them so great a multitude he said his voice would not serve for them to hear him and therefore directed his speech to those upon the Scaffold with him He confessed his Religion to be according to that of the Kirk of Scotland that he had ever been Loyal to the late King and wished well to his Posterity and that none more desired the peace and happiness of this and other Kingdoms than himself That his coming into England with the late Army was out of no Treasonable or ill intent but for the ends contained in the Scots Declaration and what he did was as a servant to that Parliament and Kingdom That in that imployment next to the setling of Religion the establishing the King was his greatest aim and he wished his blood in order to the Kingdom might be the last that should be spilt That if he would have confessed who invited the Scots Army into England it would probably have saved his life Then he made a short Prayer Dr. Sibbalds kneeling with
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
Proposals to be tendered to the Parliament of England for their Submission to them That they are contented to wave Kingly Government That no Lord shall exceed in Power a Private Person That the Tyrannical Power of the Clergy may be dissolved 14. Letters That the Lord Argyle had called a Parliament and that Mr. Alexander Kant a Minister said in his Pulpit That God was bound to own that Parliament that all other Parliaments were called by Man but this was brought about by his own Hand That the Lord Belcarris levying Forces in the North of Scotland his Officers would not allow Men and Horses sent in though they were very good but would find fault with them and demanded 20 l. for every one and they would find Men and Horses for 20 l. a-piece themselves Whereupon the Countrey rose upon them killed some of them and made the rest run away A Soldier shot to death by Sentence of a Court-Marshal for striking a Serjeant who was correcting him for a misdemeanour That 800 Recruits were landed in Scotland and more expected That the Lieutenant-General sent out a strong Party under Collonel Overton That the greatest part of the Gourdons had laid down their Arms and most of the Gentry were willing to comply with the Parliament of England only the Ministers endeavoured to keep up the War 15. Letters That the Marquess Huntley sent to the Governour of Lieth for a Treaty as Argyle had done the Countrey forsaking them and inclining to submit to England That Mount Orgel in Jersey was surrendred to the Parliament Forces and in it 20 Brass and Iron Guns and 20 Barrels of Powder and that Admiral Blake was in a Treaty for Elizabeth Castle That a Master of a Ship coming by saw Boats passing up and down between the Ships and the Castle with Flags of Truce and many Guns fired The Parliament voted That it was a convenient time to declare a certain time for the continuance of this Parliament beyond which it should not sit 17. Letters That the Gentlemen of Fife and other Counties met and prepared Letters and Commissions to be sent into every County for authorizing Commissioners to attend the coming of the Commissioners from England to make Proposals to them for setling the Peace of the Kingdom 18. The Parliament voted That the time for continuance of this Parliament beyond which they resolve not to sit shall be the third day of November 1654. And that such Scots Prisoners who have been disposed of by the Parliament or Council of State and any Officers of the Army if they run away and go into Scotland without licence shall suffer death and be proceeded against by Marshal Law Letters from Collonel Heane from Jersey of his Proceedings there with the Summons Answers and Conditions of the Surrender of Mount Orgeil Castle That they had in the Castle 18 Pieces of Ordnance four Barrels of Powder Match and Bullet proportionable 1000 Arms Two Months Provisions for 70 Men. The Parliament confirmed the Articles and voted Thanks to General Blake and Collonel Hayne for their good Service 19. Letters That at the Surrender of Lymbrick the Bishop the Major and the Deputy-Governour were hanged the Governour was condemned but reprieved to be sent to the Parliament That the Bishop and Major were hanged for breach of the Articles in disguising many Friars Priests and Bloody Rogues whereby they escaped contrary to the Articles 21. Letters from Lieutenant-General Monk giving thanks to God for the good news of the Rendition of Orgeil Castle That he appointed some Gentlemen to meet with the Marquess of Argyle to treat with him according to his desires That the Country are expecting the coming of the Parliaments Commissioners from England to settle the Civil Affairs of Scotland The Protestation of 28 Ministers given in to the Provincial Assembly at Aberdeen which the Assembly condemned as prejudicial to the Priviledges of the Kirk whose Proceedings they justifie 22. Letters That the Marquess Huntley was come to live privately at his own House upon a Passe sent to him That one of his Proposals was That the Lieutenant-General should put him in possession of certain Lands which was kept from him by his Cousin the Marquess of Argyle That the Earl of Kalander and others of Quality were come in That some Gentlemen in Scotland have done great Service for the Parliament of England at which the Kirk are much enraged and call those Gentlemen Malignants and inveigh against them and against the Parliaments Forces That the Scots rose against Captain Augustin their Countryman killed some of his Men and drave away the rest That the Lord Forbes and others were come in to the Parliament of England and the Country generally desired to be under the Protection of the English Commander in chief in that Kingdom 24. Major-General Massey and others were brought up Prisoners to London Massey endeavoured to escape by the way as he was brought up having a good Horse to ride on he set Spurs to his Horse thinking to ride away from his Convoy but the Soldiers overtook him and brought him back Letters That the Enemy in Cornet Castle in â—uernsey were besieged and very high but the Inhabitants of Guernsey Island were generally the Parliaments Friends That Collonel Hayne shot with his great Guns against Elizabeth Castle and did very great execution and Sir George Carteret had much ado to appease the Mutiny of his Soldiers That Major-General Sterling was come in to the Protection of the Parliament That Argyle and Huntley were to meet with some Persons appointed by the Lieutenant-General to treat with them about their Submission to the Parliament 25. The Parliament ordered the new Council of State to be constituted for the year ensuing That 20 of the last years Council should be continued and â—1 new ones joyned to them The Parliament passed further Instructions to the Council of State The Power of the Admiralty was placed in the Council of State They ordered That the Council of State take care that no Meetings should be in Scotland under any pretence of consulting touching Matters of Government Order That no Chair-man shall continue in the Chair of any Committee above a Year and this to extend to the President of the Council of State Several Votes touching Compositions of Delinquents in Durham Letters That Major-General Dungan with 600 Horse attempted Rosse in Ireland and possessed the Town and took Collonel Markham and killed 12 sick Men in their Beds and took 13 Prisoners and plundered the Town although Irish upon the coming of Forces from Waterford they deserted the Town That Zanchey and others fell upon them killed 100 of them and took 50 of them Prisoners That 4 or 500 of Lymbrick were dead of the Plague That the Lord Deputy had the Castle of Clare surrendred to him 26. Letters That the Lord Belcarris had disbanded his Forces in Scotland and was come to his own House to
in a third Summons to the Barbadoes to submit to the Parliament of England which being refused he formed a Regiment out of the Ships of 600 Men whereof 170 were Scots The Enemy having notice four hours before of their coming made opposition at their landing with nine Companies of Foot and three Troops of Horse who made a gallant Charge But the Parliaments Forces having received the on-set immediately fell in upon the Lord Willoughby's Forces and wholly routed them and their Commanders ran away and left the Foot ingaged after which the Parliaments Forces pursued the Enemy to their Fort-Royal and stormed it with the loss of nine Men some hurt as Collonel Morrice his Major and others That 50 of the Enemy were killed and 100 Prisoners taken all their Ordnance dismounted and many of their Houses burned by the Parliaments Forces the Place being not tenable That soon after Sir George Ascue sent a Trumpet to the Lord Willoughby which produced a Treaty and Hostages being given Articles were concluded between them for the surrender of the Barbadoes and the rest of the Islands to the obedience of the Common-wealth of England That the Lord Willoughby Collonel Walrond and divers others should have protection for enjoyment of their Estates in England or elsewhere That the Inhabitants be protected from the fury of the Sword and to enjoy and live peaceably in their own Habitations acting nothing prejudicial to the Parliament Sir George Ascue was very courteous to my Lord Willoughby and gave him very good Terms upon his rendition of the Island and did great service in it for the Parliament That Collonel Pointz Governour of St. Christophers seeing the Inhabitants of that Island generally well affected to the Parliament quitted that Island and went to Virginia That Sir George Ascue by reason of Prince Ruperts being near him his Fleet having watered and ballasted he sailed towards Virginia to prevent Prince Ruperts getting that Place Letters from Lieutenant-General Ludlow concerning the Earl of Clenrickards Letters That the Lord of Muskerry was in treaty with the Lord Broghill and Collonel Fitz-Patrick with Collonel Reynolds That Collonel Axtel fell upon the Enemy killed 100 took 300 Horse That Captain Gilbert took Lieutenant-Collonel Farrel a Major and Two Captains Major Meredith drove 30 of the Enemy into a Bog and put them all to the Sword That Captain Cotterel slew another Captain Major Bolton killed and took 25 of the Enemy with their Horse and endangered Scurlocke Captain Preston took a Captain Prisoner and killed 16 of his Men Captain Staffe fell upon the Enemy in Thomond and was shot yet his Party routed the Enemy and killed their Two Officers That Collonel Renolds took in the Collowe and garrison'd a Fort there A Vessel taken by Captain Church attempting to go into Galloway with Corn and bulged on a Rock another Vessel taken loaden with Wheat for Galloway Three Companies of the Enemy at Dingel routed and all their Arms taken That the Synodal Assembly at Edenburgh emitted a Declaration for every one of their Congregation to subscribe any thing tending to an Union and desire every one to do what is publickly commanded in reference to Quarter and Assessments That Sir James Stuart protested against the acting of the English Commissioners and of the Scotch Deputies and left Edenburgh That Argyle wrote to all of his Name though some of those Gentlemen lived 100 Miles from him to attend him to Dunbarton to meet the English Commissioners That he hath a considerable part of the Highland in League with him 16. Sir Hen. Vane and another of the Parliaments Commissioners sent into Scotland returned and gave an Account to the Parliament of their Commissioners Proceedings in Scotland and what had passed between them and the Deputies of the Scots That 20 Shires and 35 Boroughs had assented to the Union A Petition presented to the House by divers Merchants and Sea-men Ship-Carpenters c. Answered That the Parliament did accept well of the Petition and gave the Petitioners thanks for their good affections An Act passed for impressing of Sea-men Reports from the Committee appointed to receive the Danish publick Minister That he after a short Preamble delivered his Letters of Credence from the King of Denmark his Master with Papers of what he delivered by word of mouth which were read and referred to the Council of State to hear the Danish Agent and to treat with him Reports touching the payment of small Debts owing upon publick Faith Votes upon it Reports and Orders upon them touching Compositions of Delinquents 17. Letters That Major-General Deane was gone to treat with the Marquess of Argyle That the Country People followed their Husbandry That the Cavaliers in Scotland were most forward to submit to the Parliament of England 19. Letters That Galloway was reported to be surrendred that the Rebels wanted Victuals and were much divided so that Collonel Venables had intelligence from their Provincial Council 20. Letters from Orkney of great dangers passed by the Parliaments Forces in going thither and the Inhabitants willingness to submit to the Parliament of England That Deputies from more Countries came in daily to the Parliaments Commissioners in Scotland and a fair compliance was expected They desire a general meeting to comply and carry on the general Union That the Provost of Edenburgh by the Parliaments Authority convened a Minister for preaching against the Vnion but the Minister said That he knew better what to preach than the Provost could instruct him That the Isles of Orkney and Sheathland sent their Deputies to the English Commissioners and consented to the Union That the Commissioners ordered a Cittadel to be built at St. Johns Town to hold 500 men The Parliament ordered an Act to be brought in to Incorporate Scotland one Common-Wealth with England 22. Letters That the Treaty was begun with Argyle in relation to his coming in and for the good effect thereof the Presbytery daily meet and fast and pray That the Hollanders called away their Ships from Scotland and some of their Ships hung out the Scots Kings Colours That a considerable Fleet was come into Leith with Corn and other Provisions very Seasonably there being before Some Scarcity That many formerly refractory came in daily and a face of Peace was upon the whole Nation the bitterness of Some Spirits began to asswage and the Union with England desired Severall persons desired the inlargement of their Friends the Scots who are prisoners of War in England and offered sufficient bayle for their appearance when required and in the mean time to live peaceably and submit to the Parliament and to subscribe the Ingagement Letters of great divisions among the Irish Rebells most of them being for a Treaty but the Priests had inflamed the rest especially those of Galloway against it That they have sent severall expresses of Dean King into France for relief else they cannot hold out any longer
That the Tories doe much mischief To prevent which and other inconveniences the Parliaments Commissioners in Ireland published a Declaration excepting severall places from the protection of the Parliament from which all friends to the Parliament are to remove their Persons Families and Goods and those that remain in those places shall be taken as Enemies slain and destroyed And all Intelligence forbid with them and that those who shall remove from those places shall have other Wast-lands assigned them and places for their habitations 23. Dr. Walker and Dr. Turner added to the Committee for regulating the Law Order for an Act for Confiscation of the Estates of several persons in Scotland and for pardoning of the rest An additionall Act passed for Sale of the remainder of Fee-farm Rents Referred to the Councel of State to nominate Persons for Administration of Justice in Scotland Order for an Act to prevent the Mischiefs and Robberies upon the Borders and for settling of the Fishing upon Tweed Report from the Committee for regulating the Law of an Act for Marriages to be made before Justices of the Peace That Committee presented to the Committee of Parliament to be reported to the house the draughts of Several Acts viz. For taking away Fines upon Bills Declarations and Original writs Against Customary Oaths of Fealty and Homage to Lords of Mannors For taking away common Recoveries and the unnecessary charge of Fines and to pass and charge Lands intailed as Lands in Fee-Simple For ascertaining arbitrary Fines upon discent and alienation of Copy-holds of Inheritance For the more speedy recovery of Rents Touching Pleaders and their Fees For the more Speedy regulating and easie discovery of debts and damages not exceeding 4 l. and under 24. Letters That the new chosen Magistrates of Edenburgh had Subscribed their Assents to the Union with England and taken the same Oath that the Mayors of Cities and Towns in England do take and that other Burghs in Scotland sue for Licence upon the same terms to chose new Magistrates That in many parts of Zealand the people are so mad against England that it is dangerous for an English man to be among them but in other places they are in a better temper 26. Letters That Captain Pen came to Pendennis with his Squadron and 5 Prizes which they had taken in the Streights That Prince Rupert with 3 or 4 Ships was upon the Coast of Barbary but his Ships so much eaten out with Arckes that they were not able to keep the Sea Of Recruits Shipped for Ireland 27. Letters That Major Salloway was returned from meeting with the Marquess of Argyle which was with much seeming Love and Kindness None were present at the Treaty but the Marquess and one of his Kinsmen and Major Salloway and Major-General Dean That 40 Sail of Ships were come into Lieth Harbour with Provision and Merchandise from England so that the Deputy-Governour published a Proclamation That no Ship or Vessel should have any Fire or Candle in them but at a certain time of the day That one English Frigot went up to 3 Dutch-men of War who refused to strike Sail to her and with a Broad-side of above 20 Guns perswaded them all to strike to the English Frigot 29. Letters That there is no doubt of a fair Compliance by the Marquess of Argyle with the Commissioners He insists upon Protection and Freedom for himself and his Tenants and their Estates and payment of the Debts owing to him from the Parliament of England Proposals were tendred to the Committee for propagating the Gospel for Supply of all Parishes with Able and Godly Ministers for settling of right Constituted Churches c. An account of the Forces come away from Jersey and of Recruits for Ireland Shipped That the States of Holland sent an express for all the Captains of their Men of War forthwith to go down to their Ships and to stay all Shipping going for England which Imbargoe raiseth thoughts that they intend a War against England 30. Reports to the Parliament from the Commissioners for Scotland of the Form of consent of the Deputies of the Shires and Boroughs of Scotland to the Vnion with England into one Common-wealth without a King or House of Lords and to live Peaceably in the mean time with submission to the Authority of the Parliament of England With their Petition for New Magistrates to be chosen of such as consent thereunto and that Course may be taken with the Ministers who preach against this Vnion April 1652. 1. Letters of Recruits Shiped for Ireland A Letter Signed by Gerald Fitz-Gerald in behalf of an Assembly of the Irish in the Province of Leinster to the Parliaments Commissioners for Ireland setting forth the Calamities of War and the blessings of Peace and the good inclinations of the Common-wealth of England to give reasonable Conditions to those that shall submit to them He desires a safe Conduct for the Inhabitants of the several Provinces to meet and choose Commissioners to Treat with and Propound such things to Commissioners to be appointed to meet with them as may conduce to the Peace and Settlement of that Kingdom The Commissioners in Ireland published a Declaration in answer to this Letter That they cannot in Duty and Honour own that of Gerald Fitz-Gerald for an Authority but declare That the settlement of the Affairs of Ireland doth of right belong to the Common-wealth of England the consideration whereof is at present before them 2. That in the Settlement thereof the Parliament will make distinction of such Persons as have lived Peaceably or having been misled have since submitted to their Authority and those who have acted or abetted the Murders and Massacres of the Protestants and such as adhered to them the first year of their Rebellion or such as continue in Hostility 3. That to grant safe Conducts to such as are in Hostility against the Parliament to meet and consult together is an Act to which the Commissioners cannot in Prudence consent 4. That for such as are now in Arms and are willing to lay them down and submit to the Parliament upon timely application to the Parliaments Ministers here for particular places and persons such moderate Terms will be consented unto as men in their condition can in reason expect Lieutenant-General Ludlow by advice with the English Commissioners and Field Officers of the Army returned answer to the Earl of Clanrickards Letters That the power of ordering the Affairs of Ireland belonged to the Parliament of England who would not capitulate with those in Arms against them but upon Application of particular Persons such favour would be shewed to them as they should deserve and should be reasonable Anno 1652 The Commissioners from the Rebels presented another Paper to the English Commissioners for a safe Conduct to such as should be appointed Commissioners by the Provinces to attend the Parliament To this the Parliaments Commissioners made
all Estates be made liable to make satisfaction nor the rich turn Prisons into places of Protection 9. That none be pressed for War the power of Counties being sufficient to suppress all Insurrections and forrein Invasions 10. That Trade be free and exempt from Monopolies and disburdening Customs Excise and all Charges and all publick Monies to be equally raised 11. That all Sheriffs Justices Coroners Constables and the like be annually chosen by those of the place 12. That all Laws contrary to these Fundamentals be repealed 13. That Parliaments or Common-Councels of England may be returned to the old course to be annually elected and satisfaction given to the Nation in point of Accounts and the publick Faith satisfied arrears of Soldiers paid Juries duely chosen Registers appointed to ascertain all Mortgages and Sale of Lands care taken of the Poor and wast places assigned for them the Printing Presses set at liberty The Parliament debated the Business of the Dutch Ambassadors and passed these resolutions to the Ambassador in answer to his Papers 1. That the Lords the States General do pay to this Common-wealth the charges and dammages they have sustained by their attempts 2. That upon payment or securing thereof shall be a Cessation and their Ships and goods released 3. This being assented to and put in Execution the security for the time to come to be a firm amity and interest of the 2 States for the good of both The Parliament received another Paper from the Dutch Ambassadors that they were commanded Home and desired Audience to take their leaves which was appointed to morrow A Letter from the King of Denmarks Ambassadors for Audience they were appointed to have it the next day but one 30. The Dutch Ambassadors had Audience in the House with the usual Ceremonies The Lord Paw made a Latine Oration which he gave in writing to the Speaker with a Petition from the Merchants of the Intercourse they went all away this Night Letters from Amsterdam That the Dutch are very high against the English and for a War with them The Ambassadors having received the last Resolutions of the Parliament of England demanding satisfaction for all their Damages it gave such a distast to their Excellencies that they presently resolved according to their Instructions to return Home and went to Graves-End this day and many Letters came from Holland mentioning the great Preparations there made for the War at Sea July 1652. 1. Much discourse was upon the departing of the Dutch Ambassadors some Members of Parliament being unsatisfied with the dismission of them and that so high Terms were insisted on by the Parliament 2. Letters of 800 Irish come in and many Thousands of them stand out because they cannot be pardoned for their Murders From Collonel Hewson of his Proceedings and that an ambush being laid by the Irish for a Captain of the English and Collonel Pretty he escaped and a party sent out by Collonel Hewson killed 4 of them released their Prisoners and took divers Rebels and 16 Horses That another party sent out by him killed 40 of the Rebels and took 30 good Horses That Collonel Hewson denied to give or take any quarter with them That Slego was surrendred and that Sir Thomas Jones killed 2 Collonels 10 Captains and 300 of a party of 3000 of the Rebels and took all their Horse 3. Letters of the English Forces gotten into the Highlands of Ships come into Leith with provisions Of several late Successes in Ireland That the Enemy burnt Portumney Town and Collonel Ingolsby relieved them and routed all their Horse and Surrounded their Foot in a Bog That the Irish were in the Field with about 4000 Men. That the Lord Broghill did good Execution upon the Irish and pursued them 4 miles took 100 Horse and rescued a prey of 200 Beefs That the Lord Muskerry was come in to the Parliament with his Forces That General Blake with a gallant Fleet went Northwards and left Sir George Ascue to command the rest of the Fleet in the Downs who took 5 Dutch Merchant-men and General Blake took 2 Men of War and 2 Merchant men 500 Soldiers sent on Board Sir George Ascue That after this Sir George Ascue and the Fleet with him met with 40 Dutch Ships took 7 of them and burnt 4 and about 24 of them ran on ground on the French Shoar and he pursued the rest and this Fight was gallantly performed by him after so long a Voyage which his Ships had gone and were very foul 5. Letters from the Parliaments Commissioners in Ireland That Sir Charles Coote and Collonel Reynolds had reduced Slego That the Lord Clanrickard had sent for a Treaty and that the Lieutenant-General had routed a party of the Enemy and marched towards Rosse That the Lord Muskerry sent for another Treaty that the Lord Broghill took 80 Horse killed about 50 took Lieutenant-Collonel Supple and 2 Colours and Arms yet the Irish were double his Number and he regained 200 Cattle Of Recruits come into Ireland 6. A Declaration past concerning the differences of England with the Netherlands Letters from Sir George Ascue of his Fight with the Dutch who were 40 Merchants and 4 men of War he took 7 of them and burnt 3 and few that ran on Shoar escaped that the French defended them from the English yet coming on board their Ships plundred them That Captain Wright made a gallant Fight with one of them and forced him on Shoar and burnt him and Captain Wright lost 8 men and above 20 wounded and Captain Wright himself lost his Leg with a great Shot and few or none of his Officers but were wounded That of those Irish who submitted not a 4th man laid down their Arms. 9. Letters of Recruits sent for Ireland That some of the Parliaments Forces were marched 20 Miles into the Highlands where the Country of the Fraziers all except one inconsiderable Person with a few people came in and submitted to the Parliament That General Blake with a Fleet of 60 Sail passed in Sight of Dunbar towards the North to attend the Holland Busses and sent for the Frigots and Parliaments Vessels in those parts who went to him That the Scots reported the Dutch to have taken 25 Sail of the Parliaments Ships in a Fight there That divers Barks were come in to Air with provisions for the Parliaments Forces and 4 Frigots and several small Vessels come thither for their Assistance 10. Dr. Winston a Physitian in the beginning of the late Troubles by leave of the House of Lords went over into France and there continued till very lately that he returned into England in his Absence none being here to look after his Business for him his Estate was sequestred as if he had been a Delinquent and his place and lodgings as Physick Professor in Gresham Colledge were taken from him tho he had never acted any thing against the Parliament
Salop four For the County of Stafford six viz. For the City of Lichfield one For the Town of Stafford one For the Borough of Newcastle on the Line one For the County of Stafford three For the County of Somerset sixteen viz. For the Borough of Taunton two For the City of Bath one For the City of Wells one For the Borough of Bridgewater one For the County of Somerset eleven For the City of Bristol two For the County of Southampton fourteen viz. For the City of Winchester one For the Town of Southampton one For the Town of Portsmouth one For the Isle of Wight two For the Borough of Andover one For the County of Southampton eight For the County of Suffolk sixteen viz. For the Borough of Ipswich two For the Borough of Bury St. Edmonds two For the Borough of Dunwich one For the Borough of Sudbury one For the County of Suffolk ten For the County of Surrey ten viz. For the Borough of Southwark two For the Borough of Gilford one For the Borough of Rygate one For the County of Surrey six For the County of Sussex fourteen viz. For the City of Chichester one For the Borough of Lewis one For the Borough of East-greenstead one For the Borough of Arundel one For the Borough of Rye one For the County of Sussex nine For the County of Westmorland two For the County of Warwick seven viz. For the City of Coventry two For the Borough of Warwick one For the County of Warwick four For the County of Worcester seven viz. For the City and County of the City of Worcester two For the County of Worcester five For the County of Wilts fourteen viz. For the City of New Sarum two For the Borough of Marleborough one For the Borough of the Devizes one For the County of Wilts ten For the County of Anglesey two For the County of Brecon two For the County of Cardigan two For the County of Carmarthen two For the County of Carnarvon two For the County of Denbigh two For the County of Flint two For the County of Glamorgan three viz. For the Town of Cardiffe one For the County of Glamorgan two For the County of Merioneth one For the County of Montgomery two For the County of Pembrook three viz. For the Town of Haverfordwest one For the County of Pembrook two For the County of Raduor two The distribution of the Persons to be chosen for Scotland and the several Counties Cities and Places within the same shall be according to such proportions and number as shall be agreed upon and declared by the Lord Protector and the major part of the Council before the sending forth Writs of Summons for the next Parliament The distribution of the Persons to be chosen for Ireland and the several Counties Cities and places within the same shall be according to such proportions and number as shall be agreed upon and declared by the Lord Protector and the Major part of the Council before the sending forth Writs of Summons for the next Parliament XI That the summons to Parliament shall be by Writ under the Great Seal of England directed to the Sheriffs of the several and respective Counties with such alteration as may suit with the present Government to be made by the Lord Protector and his Council which the Chancellour Keeper or Commissioners of the Great Seal shall seal issue and send abroad by Warrant from the Lord Protector If the Lord Protector shall not give warrant for issuing of Writs of Summons for the next Parliament before the first day of June one thousand six hundred fifty four or for the Triennial Parliaments before the first day of August in every third year to be accounted as aforesaid That then the Chancellour Keeper or Commissioners of the Great Seal for the time being shall without any Warrant or direction within seven days after the said first day of June One thousand six hundred fifty four Seal Issue and send abroad Writs of Summons changing therein what is to be changed as aforesaid to the several and respective Sheriffs of England Scotland and Ireland for summoning the Parliament to meet at Westminster the third of September next and shall likewise within seven days after the said first day of August in every third year to be accounted from the Dissolution of the precedent Parliament Seal Issue and send abroad several Writs of Summons changing therein what is to be changed as aforesaid for summoning the Parliament to meet at Westminster the sixth of November in that third year That the said several and respective Sheriffs shall within ten days after the receipt of such Writs as aforesaid cause the same to be proclaimed and published in every Market-town within his County upon the Market-days thereof between Twelve and Three of the Clock and shall then also publish and declare the certain day of the week and moneth for choosing Members to serve in Parliament for the Body of the said County according to the tenour of the said Writ which shall be upon Wednesday five Weeks after the date of the Writ and shall likewise declare the place where the Election shall be made for which purpose he shall appoint the most convenient place for the whole County to meet in and shall send Precepts for Elections to be made in all and every City Town Borough or place within his County where Elections are to be made by vertue of these Presents to the Mayor Sheriff or other Head Officer of such City Town Borough or place within three days after the receipt of such Writ and Writs which the said Mayors Sheriffs and Officers respectively are to make publication of and of the certain day for such Elections to be made in the said City Town or place aforesaid and to cause Elections to be made accordingly XII That at the day and place of Elections the Sheriff of each County and the said Mayors Sheriffs Bayliffs and other Head-Officers within their Cities Towns Boroughs and places respectively shall take view of the said Elections and shall make return into the Chancery within twenty days after the said Elections of the persons Elected by the greater number of Electors under their hands and seals between him on the one part and the Electors on the other part wherein shall be contained That the persons Elected shall not have power to alter the Government as it is hereby setled in one single Person and a Parliament XIII That the Sheriff who shall wittingly and willingly make any false return or neglect his duty shall incur the penalty of Two thousand Marks of lawful English Money the one mâ—ity to the Lord Protector and the other moity to such person as will sue for the same XIV That all and every person and persons who have ayded advised assisted or abetted in any War against the Parliament since the First day of January One thousand six hundred forty one unless they have been since in the service of the
Souldiery Industry of their Merchants and Artificers and Laboriousness of their Husbandmen They are generally much like the English and the more likely to Correspond and Agree in Amity with us They have store of Men Arms and Shipping to join with us upon any occasion and whereby both you and they may be strengthn'd against your Enemies and be the more considerable throughout the World They are Just and Faithful in their Actions and Undertakings as the English are and Honorable in their Performances nor are they Engaged to any of our Enemies or such as you may have Cause to suspect but their Differences and Contententions have rather been with those who have contended with you and therefore they are the more likely to observe their Alliance with you They first sought to his Highness and this Common-wealth for an Amity with us and sent several Persons of Honour as publick Ministers hither for that purpose and their Queen and the present King have Testified great affection to this Nation and justly expected some return of it from you again These and many other Motives grounded upon Reason and Wisdom of State persuaded those who sate at the Helm here to judge it fit to send from hence an Ambassador to that Crown to conclude an Amity with them for the Advantage of Trade and mutual Assistance of one another Herein their Judgment did not fail them it was very requisite to send an Ambassador thither but perhaps you may see a Failer of their Judgment in the Choice of a Person so unfit for so Weighty an Imployment Yet they would not excuse him you will believe that he had no Ambition for such a Service and at such a time but he obeyed the Commands of those whom he served undertook the Imployment and can say without Vanity performed his Duty therein to the utmost of his Capacity with Diligence and Faithfulness and God was pleased to own him in it I pass over the Dangerous Voyage by Sea in November through your then Enemies and the cold Journey by Land in December and come to the Court at Vpsale which was Splendid and High replenished not only with gallant outsides but with Persons of great Abilities within both of the Civil and Military Condition Upon my first Ignorance of their Ceremonies I fell into some dislike with several of their Grandees who thought me not enough submissive others thought the better of me for insisting upon the Right of my Nation Vindicating their Honour and not sneaking to those with whom I had to do I followed my own Reason and what pleased God to direct me for your Service and in order to the Good of the Protestant Interest In my Treaty I applyed my self upon all occasions to the Queen Her Self and never to the Senate wherewith Her Majesty was not distasted In the Transactions of my Affairs I Endeavoured to gain the best Intelligence I could from Home and from that Court and spared no cost to gain it the one made me the more considerable there the other was of great Advantage to me in my Negotiation But Sir I was to Incounter with great difficulties and opposition the King of Denmark's Ambassador the Holland Resident with all their Party and Friends some of the most Considerable in the Court and Army and of great Numbers opposed me and endeavoured to Affront me and my Company but by that were no Gainers The French Polish and German Publick Ministers as much as they could covertly sought to hinder me but on the other side I found the Spanish publick Mister there who was a Person of great Ingenuity and in much Favour with the Queen a great Friend and Assistant to me Several great Officers of the Army as General Wrangell Grave Horn Grave Wittenburge Grave Bannier Grave Leenhough and divers others were Friends to me and of the Civil Officers and other Senators the Baron Bundt Steinlorke Grave Tot the Rix Droit or Chief Justice the Grave Braghe and Chiefly the old Chancellor Oxenstiern was my Chief Friend and helper in my Business Prince Adolphe the present Kings Brother was no ill Willer to it the King that now is a great Friend to it and manifested more particular Respect to you in the Person of your Servant than he was ever known to do any of the like Quality or to any State whatsoever And the Queen her Self was resolved to have the Business done so much had I gained of her Favour and satisfied her of your Interest and Respects to her But above all some of my own Countrymen were fierce against me especially those of the Scots Nation both of the Army and Traders whom I little considered yet knew their humors and that they would rayl at me in the Morning and afterwards come to my Table to Dinner and I caused my Officers to welcome them accordingly To Counterwork these I was not without Friends of my own Nation whereof divers were of the like Condition and Eminent amongst them was the General Douglas a Scotch Gentle-man who was very Civil to me So was a true English Gentleman General Major Sir George Fleetwood a Person of great Interest and Respect in those Parts and with all that know him he Testified extraordinary Respect and Affection to you and to your Servant and was very Courteous and helpful to me Those who opposed or indeavoured to affront me in your Business I forbear to name not for their sakes but least it might be prejudicial to your Friends there and to your own future occasions But Sir we ought to look higher than to the greatest and wisest of Men it was the Goodness and Mercy of God who gave a Blessing to your Proceedings and a desired Success to this Treaty which we ought to acknowledg with humble Thankfulness and the weaker the Instruments were the more his Power and Goodness appears in it He was Pleased to give Success to that Negotiation under my hands and after many Delays and Debates and all the Opposition that could be made to give a Conclusion to it I made an Alliance betwixt the Common-wealth and that Crown Ratified by the then Queen and the present King under their hands and under their Great Seal of Sweden The Instrument thereof I presented to His Highness and His Councel at my Return home who caused a strict Perusal and Examination thereof to be made and finding it punctually according to my Instructions did approve of it and of my poor Service in it and His Highness Ratified the other part of the Treaty to which the Great Seal of England was affixed the transcript whereof with the Original of the other are at your Command to be produced I shall not presume to Judg of the Advantages by this Alliance to this Nation and to the Protestant Interest through the World this Honorable House are best able to Judge thereof and of the Duty of their Servant and his performance thereof who submits all to their Wisdom and savourable Construction And being
hasten an Union amongst them which would put a disadvantage upon the business that all good Men did so much desire might be effected The Lord Deputy answered that he did believe the Business could not be effected here by this Ambassador And that the Pope was now at Work to unite his Interest amongst all the Popish Princes and particularly betwixt Spain and France To which Whitelock said that the sending of an Ambassador hence would hasten that union whereas if our Business might be done with the Ambassador here no Notice would be taken of it 23. Upon discourse with the Swedish Ambassador concerning the Uniting of the Protestant Interest which he had propounded to the Protector at a Secret Audience he seemed to like it very well And said the Difficulty would be what to propound in order to it and where to begin for it would be a long business to endeavour to bring in all the Protestant Princes and States together but he thought the best way would be for the King his Master and the Protector to joyn together first and then to draw in the rest afterwards And such of them as should refuse to joyn to be taken as Enemies Which would be quick and resolute and make the Popish Princes look about them The Ambassador also took Notice that he heard of the Protectors intentions to send Ambassadors from hence to his Master about this business And said he believed it might be done as effectually and more speedily here as to the general and foundation of it than by sending to his Master And that when he propounded the business to his Highness he desired to know from him what particulars he thought fit to be taken into consideration in the first place hereupon And told him That when he should know his mind therein he would forthwith send an Express to the King to receive his farther directions that he had already given his Majesty an account of the business in general and did expect within a few days to hear farther from him about it and hoped to receive such further Instructions from him as will be for the good carrying on of this great business He intimated likewise that the King might think it a little strange that whilst his Ambassador is here with the Protector the Protector should send his Ambassadors to the King which is not usual He said That he Confessed he had done little since his coming but it was not his fault And that it would be now time for him to think of returning It was answered That the Multitude of our great occasions here had been the only cause of his delay And the great Successes of the King in Poland might give some alteration of Affairs and many things thereupon might fall into consideration touching matter of Trade in relation to Poland and Prussia which at his Excellencies coming hither were not thought upon This the Ambassador acknowledged to be true and said farther That he hoped within a very few days there would be an Agreement between the King and the Elector of Brandenburgh or else that the Business would be put to a speedy issue the other way And then there would be the less occasion of sending from hence to prevent that difference And that would certainly make the Dutch quiet The Elector he said had received about 15000 l. from the Dutch of their money to assist him against the King 24. Sir Charles Wolsey of the Council did not approve of the joyning Sir Christopher Pack with Whitelock in this Ambassy nor the timing of it for he said He heard the King of Sweden had made an Order to desire all Forreign Publick Ministers to forbear for a time their coming to his Camp because he was in the midst of his Military Affairs 25. The Protector sent to Whitelock and earnestly pressed him to undertake the Ambassy to Sweden recommending it as a business of the greatest Honour and of the highest Concernment to the Protestant Interest but upon Whitelock's Discourse and Reasons against it the Protector seemed to be moved and said he would take the business into further Consideration with the Councel 28. An Order of the Protector and Councel whereby the Lord Fiennes Mr. Strickland Sir Gilbert Pickering and Whitelock or any two of them were appointed Commissioners to Treat with the Swedish Ambassador and they were desired to meet at the Councel-Chamber with Secretary Thurloe to confer together about the Articles 30. According to order they met at White-hall and were told of the Ambassadors impatience that in so long time as since he had given in his Articles he could not obtain any answer to them nor have any Commissioners to Treat with him In order thereunto they now perused the Articles and advised together upon them 31. The Ambassador seemed much unsatisfied with divers parts of the Articles and said That he had no Commission to Treat of any matter concerning the Vnited Provinces to be included and was much Nettled at that business In discourse touching a general Union of the Protestant Interest he said it would be a difficult work And for his Masters falling upon the Emperor he said that they in Sweden did not wish it to be so because they doubted that then Sweden would be neglected He declared his opinion to be not to meddle with the great business of the Protestant Union Nor to have to do with the Vnited Provinces in this or any other Treaty But he said That they might send to the King his Master at their pleasure and have a fitting Answer February 1655. Some Gentlemen added to the Committee of Trade Letters of the Sweeds Successes in Poland An Address presented from South-Wales and Monmouth-shire to the Protector Recognizing him and his Government An Order for continuing the Committee of the Army published Mr. Fell appointed Commissioner or Chancellor of the Dutchy of Lancaster and Mr. Bartholomew Hall continued Attorney of the Dutchy One who Shot a Soldier that was to guard him being a Prisoner was arraigned at the Upper Bench but the Jury found him guilty only of Man-Slaughter the Foreman was disabled from being a Juror hereafter Soldiers in Ireland Condemned for Robberies the Councel there Sate about Transplanting some of the Irish An Order of the Lord Mayor of London for the Punishment and suppression of Common-Beggars Letters That the Indians near New-England had burnt many Houses of the Dutch and taken many Men Women and Children Prisoners but such as they found to be English they released the reason thereof was because the English had been just and kind to them Some little stirs in Scotland the Justices there according to the order of the Protector and his Councel and after the course in England proceeded to the Administration of Justice in Scotland where it was submitted unto A Dunkirk Man of War taken Prize The Peace ratified betwixt the King of Sweden and the Elector of Brandenburgh personally Order of the Sessions of
it is rather little less than a Miracle that after so great shakings and confusions it should so soon come to that state that it is already in And if we well and wisely consider how great variety of humours and judgments and what different Interests and Powers these Wars have raised amongst us and how differently placed and lodged from that which was before it is no wonder if every one cannot have what he thinks best in his judgment to be done but ought rather to content himself with what he may think next best to that which is first in his judgment which probably may be best of all in its self for that every one is a partial Judge as to that thing which hath taken the first impression in his mind and so passed into a prejudicate opinion But above all we must have the peace and settlement of the Nations Quacunque datâ viâ as a Pole-Star before our Eyes steering our course thereby without giving Ear to the inchanting Songs of any Syrens and without giving way to any suggestions of indignation which proud flesh may assault our minds withall But with generous resolutions press on to settlement conquering our Temptations and subduing our own Spirits if in any thing at any time they shall rise against this work whereby we shall gain more true honour before men and before God than if we had subdued a City than if we had conquered a Nation and indeed we shall doe no less thereby than preserve three Nations Another Difficulty ariseth unto us from the dissatisfaction of some of our ancient Friends who have been and might still be usefull to us in the Work which we have now in hand which if it be not a greater difficulty unto us than that of our secret and open Enemies of whom I shall speak anon it is a greater trouble and grief to us because that we love them so much and fear the other so little not that they are not a formidable Enemy but now by the conjunction of our late inbred Enemy with that old Enemy of our Nation and Religion and of God himself who is our hope and chiefest help We shall have God a greater and a closer Friend unto us because we have to doe with his greatest Enemies But for those of our Friends who content themselves with their Privacy and Country Retirement in these great Difficulties of the Commonwealth For the divisions of Reuben there are great thoughts of heart Why abidest thou among the Sheepfolds to hear the bleating of the flocks Surely for the divisions of Reuben there are great searchings of heart How shall we bind up the wounds we receive in the house of our friend What shall we doe for our sister that hath no breasts That will afford no milk If she be a Wall we will build a palace of silver upon her and if she be a door we will inclose her with boards of Cedar If they will give to us any Foundation to work upon we will build upon it we will improve it we will multiply Obligations upon them we will heap Coals of Fire upon their heads If they will not let us follow them let them follow us we will either lead or follow in the work of God And if our Words cannot convince them we will endeavour that our Works may doe it and what we cannot doe our selves we will pray to God to doe for us and to find out ways which we cannot to reunite our hearts and hands who have been engaged together in the same Cause and are still imbarqued in the same Bottom and must sink and swim must run the same hazard and fortune together I mean the same issue and event of God's Providence towards us whether it be for good or whether it be for evil As to our Enemies both secret and open they are continually plotting and contriving to create us all the trouble that they can and want not means for to effect it our home-bred Enemies being now in conjunction with that our great foreign Enemy who vaunt themselves of their King that he possesseth more Riches more Crowns and more Dominions than ever any Christian Prince did and that his Empire is ten times greater than that of the Great Turk and larger than ever was that of the Romans and that he might more justly than the Persian King style himself King of Kings Brother of the Sun and Moon and that the Sun never sets upon his Dominions and the like And yet to all these Riches to all this Power to all these Titles we are not afraid to oppose the One single Name of The Lord Our God and if it do not diminish our Difficulty yet it doth not a little ease our Minds that all our Enemies are reduced unto that Head which professeth himself to be the Head of that Antichristian Faction which opposeth all the Christian Churches in the World and would keep them and bring them under the Iron Yoak of his bloody Inquisition and every blow that we shall level at that Head in way of defence or offence will in some proportion redound to the advantage of all good Christians throughout the World And now it would be very strange if all good men should not see and be convinced what Thread it was that run all along through our Quarrel in the late Wars and though at first it was more finely spun and more closely wrought that it could not so easily be discerned yet now that it is unravelled to its Bottom it more clearly discovers its Rise by its Resort And if the Interest of that Party shall be again enthroned amongst us and brought in upon the Wings of that double-headed black Eagle or rather Vulture What will become of the poor Lambs of Christ What can we expect but according to the agreement between them a Toleration of Popery in England and Scotland and a Profession and Protection of it in Ireland with an inundation of Looseness and Prophaneness on the one side and of Tyranny and Oppression on the other We ought then to believe and we have good ground to rest our Faith upon But cum Deo movenda est manus we ought so to believe as though we had made no Provision at all and yet we ought so to make Provision in subserviency to Gods Providence as if we did not believe at all And his Highness doth acknowledge the great care and provision of the Parliament for the carrying on of this War in pursuance of their most Christian and truly English Spirit and Resolution in owning that Quarrel against that old Enemy of their Religion and of their Nation Yet I must acquaint you That the Supplies granted have fallen short of the Commonwealths Necessities because indeed they have fallen short of the Parliaments own expectations according to the lowest estimate that they were reckoned at Especially that of the New Buildings wherein what have been the particular Obstructions and what may be the proper Remedies as also