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
His Majestie 's care and zeal to preserve his and the Kingdome 's honour in the dominion of the Sea by a powerfull Fleet. And you are to let them know how just it is for His Majesty to require Shipmoney for the common defence and with what alacrity and chearfulness they are bound in duty to contribute Some of the Judges put on this business in their charges at the Assises with great zeal and gravity to advance the King's pleasure but they did not convince many of the Legality of that business The Hollanders made a League with the French they were to Invade Flanders by Land and to infest Dunkirke and the Hollanders to doe it by Sea They prevailed at Diest and Tellemont but the Insolencies of the French and Dutch Souldiers caused the natives to beat both of their Armies out of the Country and the English Fleet perswaded powerfully the Hollanders to remove from before Dunkirke The Affairs in Germany were somewhat mitigated by the conclusion of the peace at Prague and the Protestants were reduced to their profession as it was setled in the year 1627. Some fiery spirits on both sides fomented by Cardinal Richelieu sought to undermine the peace and to reduce all again to a new Quarrel but the Emperor pursued the agreement confirmed the peace and forced many to an observance of it The Swedes were generally discontented with the peace The Elector of Saxony offered them a 100000 rize Dollars for a Reward but they refused it and held what they had gotten in Pomerland and elsewhere and what they had about Phelesbergh the Chancellor Oxenstierne put into the hands of the French A Ship loaden with many rich spoils of Germany and Goods of a very great value belonging to the Chancellor was cast away and the goods sunk in the Sea within a league of the Coast of Sweden In November this year arrived the Prince Elector in England to sollicite our King his Uncle for his assistance to the restauration of his Nephew to his dignity and Patrimony he was received here with all ceremonies and courtesies answerable to his quality and near alliance and soon after him his third Brother Prince Rupert arrived here also In December the Queen was brought to bed of a second daughter named Elizabeth to congratulate her Majestie 's safe delivery the Hollanders sent hither a solemn Ambassy and a noble present A huge peice of Amber Greece two fair China Basons almost Transparent a curious Clock and four rare peices of Tintinell and Tytian's painting Some supposed that they did it to Ingratiate the more with our King in regard his Fleet was so powerful at Sea and they saw him resolved to maintain his Right and Dominion there In March the Treasurers staffe was given by the King to Dr. William Juxton Bishop of London who was commended to His Majesty by the Arch-bishop Laud his old freind and predecessor in the Presidentship of St. John's Colledge in Oxford He was a Commoner in that Colledge and studied the Civil Law and therein took the degree of Batchellor and afterwards of Doctor of the Laws Yet with his Law he studyed likewise divinity took orders and was presented to the Parsonage of Somerton in Oxfordshire where he had a convenient livelyhood and there he sometimes resided and sometimes at St. John's Colledge He was much delighted with Hunting and kept a pack of good Hounds and had them so well ordered and hunted and chiefly by his own skill and direction that they exceeded all other Hounds in England for the pleasure and orderly hunting of them He was a person of great parts and temper and had as much command of himself as of his hounds he was full of ingenuity and meekness not apt to give offence to any and willing to doe good to all The Privy Council wrote Letters to every High Sheriff of England directing them for the taxing and levying of the Shipmoney and yet with great care and equality much beyond what was observed in following taxes But the guilding of this illegal Pill would not cause it to be swallowed down but many people especially of the knowing Gentry expressed great discontent at this new assessment and burthen as an Imposition against Law and the rights of the Subject The Plague was this year in London but by the mercy of God did not increase so much as was feared Anno 1635 The Earl of Berks whose fortune was lower than his mind betook himself to some new Projects whereof he became a Countenancer and Partner hoping to gain much by them to repair his Estate and had gotten a Patent from the King for the sole making of a new kind of Kiln for making of Malt and laboured to bring the same in use he was to have money of all those who set up this new Kiln This year by a Flood neer Glucstade in Holstein were drowned six thousand Persons and about fifty thousand Cattle And by the Plague there died in Leyden in Holland twenty thousand persons besides those that died in the rest of the Towns of that Countrey The Archbishop Laud made his Visitation and strictly enjoyned and expected a conformity to his Orders one of them which gave most distaste to many was That the Communion-table should be removed in every Church from the body of the Church or Chancel to the upper East-end of the Chancel and the side of the Table to be set against the Wall Altar-wise with a Rail or Ballaster about it Which was opposed by divers and the Bishop of Lincoln wrote a Book called the Holy Table shewing the Practice of the Primitive times and Arguments against this Innovation Anno 1636. Car. 12 The King's Navy of sixty Men of War under the Command of the Earl of Northumberland Admiral seized and sunk divers of the Dutch Busses in the Northern Seas and they fled to our King craving his leave by his Grant to Fish and Trade with the English which the King was ready to Indulge them Ferdinand the second Emperour aged and infirm summoned a Dyet at Ratisbone to be held the sixteenth of September when his Son Ferdinand the 3d. was Elected King of the Romans and was shortly after upon the death of his Father made Emperour Mr. John Hampden a Gentleman of an ancient Family in Buckinghamshire and of a great Estate and Parts denied the payment of Shipmoney as an illegal Tax He often advised in this great Business with Holborn Saint John Whitelocke and others of his friends and counsel Several other Gentlemen refused the payment of this Tax of Ship-money Whereupon the King was advised by the Lord chief Justice Finch and others to require the Opinion of his Judges which he did stating the case in a Letter to them After much sollicitation by the chief Justice Finch promising Preferment to some and highly threatning others whom he found doubting he got from them in Answer to the King's Letter and Case their
as formerly That the propositions for Peace be hastned to him That he may come to London with safety freedom and honour where he resolves to comply with the Houses in what shall be most for the good of his Subjects That he will disband his Garrisons as by the inclosed Warrant appears only upon honourable conditions and will send for the Prince Papers came from the Scots Commissioners to the Parliament with these Letters and very fair expressions in them pursuant to the Covenant and that they had perswaded the King since his coming to their Army to give satisfaction to his Subjects and they hope such propositions will speedily be sent to his Majesty as may settle Religion and Peace in both Kingdoms and they shall willingly depart home Another paper was a Copy of that which the Committee of Estates presented to the King desiring that the Prince might not go beyond Seas 16. Progress about the propositions for Peace they agreed that the Militia should be in both houses of Parliament for twenty years Letters informed that the Scots perswaded the King to take the Covenant The Articles were almost agreed for the surrender of Oxford 17. A Letter from the King to the Prince intercepted and read in the Houses and was to this effect to tell him That he had written to his Mother about him and would have him to obey her in all things except Religion Debate about the Militia Ordinance for a Collection for the poor of Abbington 18. The Examinations and Confession of Mr. Hudson one of the Guides that led the King to the Scots Army were read and referred to the Committee who are to draw up the Declaration to be presented to the King and to the Estates of Scotland and the Committee was ordered to proceed further in these Examinations Hudson said that the King crossed the Countrey was at Henley Harrow on the Hill and at Brainford and almost perswaded to come to London and then he went to St. Albans and so to Harborough where the French Agent was to have met him with some Horse but came not from thence the King went to Stamford from thence to Downham in Norfolke where he lay at a petty Alc-house that he passed sometimes by the name of Hudson's Tutor sometimes Doctor and sometimes as Ashburnhams Servant Order for the Speaker to write to the Scots Commissioners for an answer of the last Letter of the Parliament A Petition of the Committee of Wilts of the Robberies and Cruelties of the Forces under Major General Massey quartered in those parts so that none could travail nor remain in their houses with safety A Letter ordered for Sir Tho. Fairfax to suppress them and soon after the House ordered them for Ireland A Petition of Newbury of the sufferings by the War referred to the Committee of the three Counties to cousider of a way for their relief Supplys for Garrisons and an order for Capt. Batten to be Governor of Holy Island 20. The Earl of Ormonds Quarter master with divers Letters and Papers about him was apprehended in London and a Committee named to examine him and to peruse the Papers A difference between the Committee of Kent and the Committee for the Prince Elector referred to the Committee of Lords and Commons for Sequestrations and debate about Committees in General and the oppressions and illegalities of some of them referred to a Committee to consider of restraining them Progress upon propositions for the Peace News came that the Prince was in France The Treaty for the Surrender of Oxford was agreed Farrington was willing to Surrender upon the same terms with Oxford but Wallengford still held out two of Sir Tho. Fairfax's Commissioners went into Oxford to see the Governor and Council there to sign the Articles and two from them came to Sir Tho. Fairfax to see him sign them which were as followeth Articles of Agreement concluded and agreed on by his Excellency Sir Thomas Fairfax Knight General of the Forces raised by the Parliament on the one Party and the Right Honourable Sir Richard Lane Knight Lord Keeper of the Great Seal of England Francis Lord Cottington Lord High Treasurer of England Will. Marquess of Hertford Edw. Earl of Dorset Lord Chamberlain of his Majesties Honourable Houshould Tho. Earl of Southampton Francis Earl of Chichest Francis Lord Seymour Sir Edw. Nicholas Knt. one of his Majesties Principal Secretaries of State all of them being of his Majesties most honourable Privy Council and Sir Tho. Glemham Knt. c. Governor of Oxford on the other Party for and concerning the Rendring of the Garrison of Oxford as followeth 1. THat the Garrison of Oxford with the Castle Forts Mounts and places of Defence whatsoever with all the Ordnance Arms Ammunition and Provisions of War with all Magazins and Stores thereunto belonging excepting what is allowed in the ensuing Articles shall be delivered to the General Sir Thomas Fairfax or whom he shall appoint without wilful spoyl or embezlement upon Wednesday the 24th of this Instant June at ten of the Clock in the Morn or there about 2. That his Highness the Duke of York shall have an honourable Convoy to London where other of his Majesties Children are attended by his Officers and Servants and sitting accommodation for the removal of his Houshold and Goods thither and shall have an honourable Provision besitting his Dignity appointed for him by the Parliament and to remain there untill his Majestics Pleasure be known touching his setling there or elsewhere and then to be disposed accordingly to any place within fourscore miles of London and shall have such Officers and Servants to continue about him as the Parliament shall approve 3. That their Highnesses Prince Rupert and Prince Maurice shall have Liberty and Passes for themselves with their Servants Horses Arms and Goods the number of their Horses for them and their Train not exceeding seventy to repair to any place within fifty miles of London so it be not within twenty miles of London without leave from the Parliament nor in any Garrison and there to abide for the space of six Months after the rendring free from any molestation by imposition of Oaths or otherwise and shall have Passes to go beyond the Sea at any time within the said six months with their said Servants Horses Arms and Goods they ingaging themselves upon their Honours not to use the Liberty hereby granted in the mean time to any Hostility against the Parliament of England sitting at Westminster or any way wilfully to the prejudice of their affairs and they are to have the benefit of such the ensuing Articles as may concern them 4. That the Seals called the Great Seal Privy Seal the Signet and the Seals of the Kings Bench Exchequer Court of Wards Dutchy Admiralty and Prerogative as also the Sword of State shall at such time and in the presence of two such Persons as the General Sir Tho. Fairfax shall appoint be lockt up in
per An. allowance for the Bishop of Armagh and for one thousand and thirty Pounds for Col. Thornehagh who raised a Troop of Horse at his own Charge Another Petition of divers Londoners against those Members who sat during the Force upon the Parliament The Petitioners in the House were told that the Parliament had already setled this business and that it was the duty of every English man to acquiesce in the Judgment of the Parliament An account from Major General Lambert of the ordering of his Forces in the North of the agreement with the Vale-men about Quartering his Soldiers and about suppressing the Moss-Troopers The Lord Chancellor of Scotland and the Lord Lannericke expected in England 6. A Petition to both Houses about sending of able gifted men though not Clergy-men in Orders to preach the Gospel in barren places of the Kingdom and that the like persons were admitted to Preach the Gospel in the beginning of Queen Elizabeth her Reign and that such men may receive incouragement and Protection from the House Referred to a Committee to consider of a way how such Persons so to be sent may be first examined The Ordinance for setling the Presbyterian Government re-committed to have a Clause inserted in favour of â—tender Consciences And this to be sent to the King with the other Propositions 7. The House spent all the day in a grand Committee about Tunnage and Poundage The General Councel of the Army sat at Putney about the business of their Pay Col. Jones marched forth against the Rebels and took good Booties from them but they declined fighting 8. Debate about the Commissioners of the Customs and about this Winters Fleet. New desires from the Army were 1. That their Arrears may be paid out of the Sale of Deans and Chapters Lands and the remainder of the Security of Bishops Lands and Sale of Forrest Lands 2. That the Moneths Pay for the Army may speedily be Collected by such as the Parliament shall appoint 3. That the Propositions may be drawn up and speedily sent to his Majesty Referred to the Committee of the Army as to the Collecting of the Months Pay 9. The House was called and a hundred and fifty of their Members absent and twenty pound Fine was set on every one that was absent and a Committee appointed to examine the absence of the Members and their excuses and a new day set for their appearance and the respective Sheriffs to Summon them The Duke of Richmond Marquess Herford Marquess Ormond Earl of Dorset Earl of Southampton Lord Seymour and some others came to the King to Hampton-Court intending to reside there as his Councel but the Army declaring against it they returned back again The General Councel of the Army had conserence with a German who gave himself out to be a Prophet and they considered of their own pay and the Pay of the Northern Forces 11. Debate of the desires of the Army in relation to their Pay and Arrears in a grand Committee and it was voted That they should be paid out of the Excise and Goldsmiths-Hall and the Arrears to be secured out of Bishops Lands and Deans and Chapters Lands and the like for pay for the Forces in Ireland Order for a thousand pound for Sir Thomas Maleverer who raised two Regiments of Foot and one of Horse for the Parliament in part of his Arrears It was reported that Mr. Maynard got in the last Circuit seven hundred pound which was believed to be more than any one of the profession ever got before 21. Much debate of the Ordinance of Tunnage and Poundage and voted that if the Commissioners will advance thirty thousand pound they shall not be removed till they be reimbursed all that shall be owing unto them which the Commissioners agreed to do An Ordinance for the levying of the Arrears of the Army and the Power of the Commissioners of the Army when they shall come away to be transferred to the Committee of the Army was sent up to the Lords Order for a Committee of the Militia of Hertfordshire Another Letter from the General and his Councel to the Parliament for a Provision of Pay for the Army and for Ireland and to prevent the Misery of the free quarter and for Money for disbanding Forces And of the Arrears of the Tax not paid in and that the High Sheriff may levy the Assessments and that the Arrears of the Army may be audited and satisfied out of Deans and Chapters Lands This Letter referred to the Committee appointed to consider of providing Pay for the Forces of England and Ireland Both Houses pass'd an Ordinance for collecting all the Arrears of the Assessments for Sir Thomas Fairfax's Army Letters from Col. Jones of the great wants of the Forces in Ireland and of his resolution to fight the Rebels if he can force them to it Order for supplys for Col. Jones A Committee to examine all complaints against such as use the Common-Prayer Order for Mr. Du Moulin to be History Professor in Oxford Order touching the Earl of Portland's business of the Isle of Wight and for the Agent of the Duke of Florence to be free from Excise Col. Monke joyned with Col. Jones in Ireland against the Rebels 13. Upon debate of the settlement of the Presbyterian Government it was voted That the King be desired to give his consent to such Acts as shall be presented to him for setling the Presbyterian Government for three years with a provision that no person shall be liable to any question or penalty only for Non-Conformity to the said Government or to the form of Divine Service appointed in the Ordinances And that such as shall not voluntarily Conform to the said Form of Government and Divine Service shall have liberty to meet for the Service and Worship of God and for exercise of Religious duties and Ordinances in a fit and convenient place so as nothing be done by them to the disturbance of the Peace of the Kingdom And provided that this extend not to any toleration of the Popish Religion nor to any Penalties imposed upon Popish Recusants nor to tolerate the practice of any thing contrary to the Principles of Christian Religion contained in the Apostles Creed as it is expounded in the Articles of the Church of England Nor of any thing contrary to the Point of Faith For the ignorance whereof men are to be kept from the Lords Supper nor to excuse any from the Penalties 1 Eliz. 2. for not coming to hear the word of God on the Lords day in any Church or Chappel unless he can shew a reasonable cause or that he was hearing the word of God Preached or expounded elswhere These were the Lords Votes The Commons Voted That the Presbyterian Government be established till the end of the next Session of Parliament That the Tenths and Maintenance belonging to any Church shall be only to such as can submit
and be it Ordained That the Great Seal of England shall be committed to the custody and keeping of Henry Earl of Kent William Lord Grey of Werke Sir Thomas Widdrington Knight and Bulstrode Whitelocke Esquire who are hereby Ordained Commissioners for that purpose for and during the time of one whole year from the Passing of this Ordinance Which said Persons are hereby constituted and appointed to be Commissioners for the Custody of the said Great Seal of England during the time aforesaid and they or any two of them whereof one Member of the Lords House also one Member of the House of Commons shall have and are hereby authorized to have the Custody and Keeping Ordering and Disposing thereof as also all such and the like Powers and Authorities as any Lord Chancellor or Lord Keeper or Commissioners of the Great Seal of England for the time being hath Lawfully had and used or ought to have had or used John Brown Cler. Parliamentorum Henry Elsinge Cler. Parliam Dom. Com. Orders upon private Petitions of Grievances Letters from Ireland That the Lord Inchequin relieved some Garrisons of the English in Tipperary entred Carricke and Fortified a Pass to make good his Retreat blew open the Gate of Cullen by a Petard entred the Town took two Castles by Assault and put three hundred Soldiers to the Sword and some Women notwithstanding order to the contrary and then took in another strong Castle upon Mercy That Owen Roe Oneal is dead and the Supreme Councel fled from Kilkenny That the Parliaments Ships took three of the Rebells Ships loaden with Ammunition and Captain Ball took an Irish Man of War 16. Orders for taking off several Sequestrations in performance of Articles of War Ten thousand pound accepted for the Composition of Sir Jo. Strangeway and his Son and ordered for the Navy The Lord Fairfax Father to the General having a bruise on his Foot where a Corn was growing it festred and turn'd to a Gangrene which brought a Feaver upon him whereof he died at York March 13. and was much lamented Order that Sir Thomas Fairfax his Son should be Keeper of Pontefract Castle Custos Rotulorum of York-shire and chief Ranger c. in the place of his Father Order for Papists to be admitted to Compositions in performance of the Articles of Oxford 17. Long debate upon the Confession of Faith allmost all the day Several Ordinances pass'd for placing Ministers in vacant Benefices 18. The House sate not but according to their Order the Grand Committee sate about the business of the Fennes in Lincoln-shire 20. a Petition of London Merchants complaining of Pyrats and decay of Trade was referred to a Committee of Trade which was revived with power to consider of removing Obstructions in Trade and to receive all Petitions concerning the advance of Trade And referred to the Committee of the Admiralty to provide a sufficient guard for the Merchants Ships Letters of the Proceedings of the Commissioners in Scotland and of their Letters to the Major of Berwicke giving him notice of a design to surprize that Town and the Major's Answer Order for a Letter of thanks to the Major and to desire him to preserve the Town from Garrisoning according to the Treaty and order to the General to prevent any inconvenience by such meetings of the Cavaliers and Papists Letters from York of another Troop Landed from Ireland at Chester which marched towards Scotland That the Lord Fairfax the General 's Father was honourably buried Letters from Scotland of Divisions in their Parliament Some for raising an Army against the Sectaries in England others for the King and a third Party for no War The Clergy were for an Oath to be generally taken That Presbyterial Government be maintained that the King be not restored till he sign the Covenant to endeavour the extirpation of all Sectaries especially Erastianisme that the Ecclesiastical power is not subject to the Civil that the Kings Negative Vote in England be taken away Captain Wogan had Money sent to him in Scotland to pay his Quarters but by whom will not be discovered there are four hundred Foot and a Troop of Horse of the English in a Body 21. Letters that Col. Poyer held out in Pembroke Castle against the orders of Parliament and the Forces sent thither by the General that in the Morning he is sober and penitent and in the afternoon drunk and full of Plots that he put four or five of his Companions in the best Apparel he could get and by Sunrising put them out at the Sally-port and received them in again at the Gate himself with great Ceremony giving out in the Town that they were Commanders sent out of France to him from the Prince of Wales and more were to follow That when he hears news that pleaseth him then he puts forth bloody Colours and declares for the King and Common-Prayer when he hears other news then he is for the Oath and Covenant and puts forth blew and white Colours That one day he fired all his Guns on the Parliaments Forces without any occasion that afterwards he was very quiet yet the next day he vowed that not one of the Parliaments Forces should go away alive and calls the General King Thomas That the Parliaments Forces lye close and make no Shot at him but none of his men dare peep out of Town Upon Summons sent to him his answer was that if they might have their Arrears Disbursements and Indemnity they would give up the Castle The House ordered the General to send sufficient Forces to reduce Col. Poyer and Pembroke Castle an Ordinance to remove him from being Major of Pembroke and to constitute another Order for a Months Pay for the Forces in the Isle of Wight and for an allowance for four Gentlemen attending his Majesty Debate about Compositions upon surrenders of Garrisons A Plot was discovered by the General to surprize the Tower this night 22. Orders upon many private Petitions Ordinance past touching the Collecting of the Rents of Westminster Colledge The Commons agreed with the Lords in the Doctrinal part of the Confession of Faith but altered the Title from the Confession of Faith to be Articles of Faith agreed upon by both Houses 23. Debate touching Oxford Articles and about clipped and false Money Ordinance about reimbursing the Committee of Surrey for Money laid out by them for the Soldiery Order for a Writ for a new Election 24. Debate about setling of a good Ministry in some vacant places and Ordinances for some particular Parishes Order for two thousand pound for repairing the Library at Cambridge to be raised out of Deans and Chapters Revenues and an Order for incouragement of the Heads of Colledges there The General sent strict Orders for the disbanding of Major General Laugherne's Forces according to the Orders of Parliament and for the reducing of Col. Poyer 25. The Ordinance passed both Houses for setling the business of the Navy
further accountable for the Duke The Commons ordered the allowance to the Duke of York to be taken off and an increase of allowance to the Duke of Glocester and that the Earl of Northumberland may remove him and his Sister to Sion House or Hampton Courr An Information concerning two Gentlemen relating to Everards business referred to the same Committee The General and his Officers kept a Fast-day at Windsor and the next day a Captain and others had their Tryals begun by a Councel of War Col. Poyer fell upon a Party of the Parliaments Forces under Col. Flemming routed them and killed and took most of them May 1648. May 1. Debate touching the business of the Church The Ordinance against Blasphemy and Heresie in some cases the punishment being death in other cases Abjuration c. passed both Houses but not without much opposition Order of both Houses for Ely House to be for the Sick and Wounded Soldiers Ordinance transmitted for placing of a Minister in Bathe Order for the Members of every County to present to the Commissioners of the Great Seal fit persons to be Justices of the Peace Letters from Bristol of some there privately listing for the King and the Forces there are cold in suppressing them Order for the Committee at Derby House to consult with the General about it Letters of the South-Welch rising in several places against the Parliaments Forces and driving away their Cattle and carrying away their Corn and Goods where the Parliaments Forces come not a Horse-shooe nor Smith to be found there Lieutenant General Cromwell ordered by the General to go into South-Wales with two Regiments of Horse and three Regiments of Foot Letters from Scotland that the Parliament there passed a Declaration thirty one protesting against it and the Clergy dissenting that two hundred and ten Barons and Lords met to perswade the Countries to rise in defence of Religion the King and Church 2. Vote for five thousand pound for repair of the Works of New-Castle and Tinmouth the like for Hull Scarborough and other Northern Garrisons and six thousand pound for Bristol Letters that Berwicke was surprised by Sir Marmaduke Langdale Sir Charles Lucas and other English with a Party of a hundred Horse pretending a Commission from Prince Charles that the Major endeavoured to get strength to oppose them but could not referred to the Committee of Derby House and the General Letters from the General that he had ordered the Regiments at White-Hall and the Meuse and other Forces near London to remove further off unless the Houses should give order to the contrary The House ordered a Letter to the General to stay the removal of those Regiments till farther order and a Committee to treat with the City what guards they will provide for the Houses if those Regiments be removed The General likewise acquainted the Houses with his sending Lieutenant Cromwell into Wales and with the not payment of Assessments whereby the Soldiers would be inforced to take free Quarter the House passed instructions to the Committee of the Army and Officers to rectifie it The Common Councel returned thanks to the Parliament for their confidence in the City and assured them that when the Forces of the Army should be removed the City would stand by the Parliament for their security The City allowed six hundred pound per An. to Major General Skippon Petitions to the Cities Common-Councel That the Impeached Aldermen may not be tryed by the Lords but by their equals That there may be a new Committee of the Militia every year the Lord Mayor and Sheriffs to be part and the rest to be chosed by the Common-Councel and approved by the Parliament and the Lieutenant of the Tower to be under the Cities Command referred to the Committee 3. Letters from the Lord Chancellor of Scotland by command of the Parliament there with their demands to the Parliament of England to this purpose 1. That the King may come to some of his Courts near London to abide with Safety Honour and Freedom 2. That a Personal Treaty may be had with his Majesty 3. That the Independent Schismatick Army may be Disbanded and none put into Garrisons but such as will take the Covenant and both Kingdoms may conside in 4. That all Anabaptists Separatists and Independents may be suppressed and no Toleration allowed for any of them 5. That all absent Members may be sent for to perform their duties in Parliament 6. That the Covenant may be inforced upon all men 7. That the Presbyterian Government may be effectually setled These demands were thought by some to be very strange a day was set for the debate of them Information of Tumults by the Malignants in Colchester Order for Letters to be sent to some Forces of the Army in that County to quiet them and the Committee at Derby House to take care thereof A Petition from many thousands Knights Gentlemen and Free-holders in Essex expressing the reason of their desires which were For a Personal Treaty with his Majesty that a course be taken for satisfaction of the Arrears of the Army with a disbanding of the same The Lords gave thanks to the County of Essex for their good affections and let them know that they would take their Petition into a serious and speedy consideration and not be wanting to contribute to their endeavours for the ease of the Countreys burdens and setling of a good Peace The Commons gave this Answer to the Petition That they take notice of the great service and good affections of that County to the Parliament and are consident they will so continue and as to their Petition the House is now in debate concerning the speedy settlement of the Kingdom and do not doubt but what they shall conclude there upon will give satisfaction to that County and to all well affected people It was earnestly pressed to have the words thanks of the House expressed in this Answer but it was carried in the Negative 5. Debate of the Letters from Scotland The Houses declared That they are resolved to maintain the Covenant and Treaties between the two Kingdoms and that they will be ready to joyn with Scotland in the Propositions presented to the King at Hampton-Court Order for Forces for the Northern parts and to put those Countries into a posture of defence and referred to the Committee at Derby House Instructions pass'd for the Parliaments Commissioners in Scotland to acquaint the Parliament there with the surprisal of Berwicke by enemies to both Kingdoms who had layn long in Scotland and were demanded by the English Commissioners Col. Horton published a Declaration to satisfie the Welch of the Parliaments Proceedings in order to disband the Forces of Major General Laugherne and to ease the Country of free Quarter and to settle Peace generally and of the revolt and opposition of Col. Poyer the trouble charge and danger to the Countries thereby
to my observations upon the words of your Writ which I shall take in order as they are 1. Quia de Advisamento Concilii nostri c. These words are in the Writs of Creation of Peers and in the Summons of them both Spiritual and Temporal and of the Judges and Kings Council to the Parliament and in your Writs but in no other except upon some high and weighty occasions touching the publick safety and the like And for your greater Honour this Council by advice of which you are called to this degree is the great Council of the Kingdom The Next words in your Writ are Ordinavimus vos c. in the plural Number in the second person which is an Enalage of Number chiefly to express Excellency in the Person to whom it is referred Selden in his Titles of Honour f. 121. showeth the use of it in the Jewish Nation and in France Spain Germany and other Countries and always is in dignity of the party to whom applyed and the stile of the Chancery is so only to the Peers the Judges the Kings Council and to Sergeants Therefore 29 E. 3. f. 44. In a Quare Impedit the Writ was Precipite and excepted against as false Latin but Thorp said it was not false Latin but the plural Number only to express Reverence to the person the other answered that no such reverence is done to a Sheriff and for this the Writ was abated The next words in your Writ are ad Statum c. which sheweth dignity and honour given to them The Author of the Manuscript formerly cited by me allows the Sergeants but little state where he saith they kept their Pillars at Pauls where their Clients might find them as if they did little better than Emendicare panem This was somewhat far from Westminster-Hall and as far from truth being grounded upon a mistake of one of their Ceremonies of State where they went to Pauls to Offer A Manuscript of the Call of Fitz James and other Sergeants 11 H. 8. saith that their Steward brought every one of them to a several Pillar in Pauls and there left them a time for their private Devotions no Convenient time for Clients In the Register a Writ of Ex gravi Querela mentions a devise to a Priest to say Mass at a Pillar in Pauls and I believe most of us both in this and other great Churches have seen old people kneeling at the Pillars in their private prayers Our old English Poet Chaucer whom I think not unproper to cite being one of the greatest Clerks and Wits of his time had a better Opinion of the state of a Sergeant as he expresseth in his Prologue of the Sergeant A Sergeant at Law wary and wise That oft had bin at the pervise There was also full of rich Excellence Discreet he was and of great Reverence And in his description of the Franklyn he saith of him At Sessions there was he Lord and Sire Full oft had he bin Knight of the Shire A Sheriff had he bin and a Countor Was no where such a worthy Vavasor A Countor was a Sergeant and a Vavasour was the next in degree to a Baron We find in many of our Year-Books especially in E. 3's time that they were joyned with Knights in Assizes Trials of Challenges c. 38 H. 6. f. 31. Prisot saith to the Sergeants they would have no worship by such an Act c. and that word was given to the Lords in those days By the Statute 12 R. 2. c. 10. the same priviledge which is given to the Judges for absence from the Sessions is given also to the Sergeants 34 Hen. 6. Brook Nosme 5. saith that serviens adlegem est nosme de dignity comme Chivalier and it is character indelebilis no accession of honour or Office or remotion from them takes away this dignity but he remains a Sergeant still Their Robes and Officers their bounty in-giving Rings their Feasts which Fortescue saith were coronationis instar and continued antiently seven days and as Holingshed notes Kings and Queens were often present at them and all their Ceremonies and Solemnities in their Creation do sufficiently express the state due unto them The next words in your Writ are Et gradum c. This is a degree of such eminency that the professours of Law in no Nation are honoured with the like with such Solemnities and state as I have before mentioned and by Mandate under the publick Seal of the Common-wealth I find indeed in the preface to the Digest several appellations given to the Students of that Law that they called them Dupondios or Justinianeos and when of further standing Papinianistas When they had proceeded further they called them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and lastly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the title and degree of Doctour of the Laws I acknowledge to merit very much of respect and honour as to the degree and persons honoured with it But such state and degree as this of Sergeants at Law is not among the Municipal Lawyers of any other Nation though all kingdoms have their Municipal Laws and Lawyers as well as we Degrees are rewards of study and learning Nec enim Virtutem amplectimur ipsam Praemia si tollas They are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a spur to-virtue and witnesses of learning And since Gentle-men you have already obtained that depth in your profession as renders you capable of this degree that resolution of all true lovers of learning is worthy of you 1. To say Senesco discens proceed in your Studies still Your predecessors for their learning have been often advised with by the Judges as appears in our Books and by the Parliament as may be seen in the Rolls thereof 2. By this degree you become Chief Advocates of the Common Law an attribute given by Fortescue who was a Sergeant and Chief Justice and Lord Chancellour It imports no less than all antiquity hath appropriated unto Sergeants at Law the practice of that great and Universal Court where all that concerns Meum tuum the inheritances and property of all the people of England are heard and determined This degree Ordaining you to be Chief Advocates the duty of whom pertains to you to be performed and may not be declined by you I hold it not impertinent to mention something to you of the duties of an Advocate which are some of them to the Courts and some to Clients To the Courts of Justice he owes reverence they being the high Tribunals of Law of which Doctor and Student and the Statute Marlebridge saith omnes tam Majores quam Minores justitiam recipiant and therefore great respect and reverence is due to them from all persons and more from Advocates than from any others 2. An Advocate owes to the Court a just and true information the zeal of his Clients cause as it must not transport him to irreverence so it must not mislead him to untruths in his information of the
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
live privately there and submitted to the Parliament of England That some of the Isles of Orkney were upon submission to the Common-wealth of England 28. Letters of the particular Passages of the Siege of Limbrick and the Rendition of it after 15 Months Siege That it was a very strong Town the Grafts Counterscarâ—s and Bulwarks without the Walls the Flanking Towers upon them and the Rampiers round the Irish Town very strong and regular an incredible quantity of Arms and Ammunition were delivered in there 29. The Parliament approved the Articles of Limbrick gave 100 l. to the Messenger that brought the News of the Surrender of it and ordered that the next Lords day Thanks should be given to God for it An Act passed appointing Dr. Clerke Dr. Exton and Dr. Stevens to be Judges of the Admiralty Letters That the Scots Parliament met in the Highlands where were present only the Lord Chancellor and two or three Lords and a few Burgesses who could not agree but rose without doing any thing That the Lord Chancellor and other Lords of Scotland were come in to Lieutenant-General Monk That several Recruits were come from England to the Army in Scotland December 1651. 1. Letters That the Parliaments Army in Ireland were setling of their Quarters and had no Enemy to encounter with but a few Tories and stragling Robbers That the Lord Deputy was gone to Galloway to summon that City That in Limbrick there dyed 40 and 50 a day of the Plague 2. Letters from the Lord Deputy to the Parliament and to the Council of State of the Particulars of the Surrender of Limbrick and an account of the great Guns in all 34 and the Arms and Ammunition taken there with a Copy of the Articles 3. Letters That Lieutenant-General Monk intended to have prevented the meeting of the Parliament in the Highlands of Scotland but could not by reason of the excessive quantity of Rain which fell at that time 4. Letters That Captain Pen had taken some French Vessels prize and that Captain Coxe took a French Ship with 39 Guns which made stout resistance and one of the Parliaments Sea-men lost both his Legs with one Shot of a Canon That Two of Prince Ruperts Ships were sunk and himself hardly escaped drowning at the Jercera's That Captain Bertlet the notable Pyrate of Jersey desired to be received into favour and to do some Act to merit it from the Parliament That Captain Christian a notable Sea-man in King James's time was released from being a Prisoner in Peele Castle in the Isle of Man where he had been long detained and ill used by the Earl of Derby That the whole Revenue of the Isle of Man was but 1500 l. per Ann ' That the Countess of Derby was allowed 200 l. in Plate to bear her charges into England That Three of Prince Ruperts Ships were cast away near to Tercera Island with a great Tempest one of them the Swallow which carried 54 Brass Guns sprung a Leak about the Keel and was suddenly sunk and 340 Persons in her drowned the Prince the Master the Boatswaine and Three more in her were only saved 5. Letters That divers Scotch Lords came in and submitted to the Parliament of England That the third Shot at Elizabeth Castle in Jersey fell upon the old Church there killed and wounded 30 Persons and indangered the Governour Sir George Carteret and his Lady and the chief of the Island That this made so great an Impression on the Lady Carteret and the other Ladies and some few Men who were afraid to be taken that the next night they imbarqued for France That this Shot spoiled great store of Syder and other Victuals That several of their Men made an escape and some being taken were forthwith tryed and executed 6. Letters That Major-General Lambert and Major-General Deane were come to Edenburgh 8. Letters That many of the Parliaments Soldiers in Ireland were sick and wanted Accommodations That the Country groaned much at the burden of quartering but the Lord Deputy was very tender to them Letters That the Lord Deputy went from Limbrick to assist the Lieutenant-General at the Siege of Carrick Houlta but meeting with the Lieutenant-General at Inch Castle after conference together they both returned to Limbrick That the Lord-Deputy having taken cold in his Journey the Weather being very tempestuous and having no Accommodations he fell sick and Nov. 17. took Physick the next day was let Blood but grew worse and worse every day after till Nov. 26. and then died That the Commissioners appointed the Lieutenant-General Ludlowe to command the Forces in Ireland till the pleasure of the Parliament should be known or the Lord-Lieutenant give further order That his Body was to be carried over into England This Gentleman Collonel Ireton was a Person very active industrious and stiff in his ways and purposes he was of good abilities for Councel as well as Action and made much use of his Pen and was very forward to reform the Proceedings in Law wherein his having been bred a Lawyer was an help to him He was stout in the Field and wary and prudent in his Councel and exceedingly forward as to the Business of a Common-wealth he married Cromwels Daughter who had a great opinion of him and no Man could prevail so much nor order him so far as Ireton could His death struck a great sadness into Cromwel and indeed it was a great loss to him of so able and active so faithful and so near a Relation and Officer under him Letters That Clare Castle and Carrick Calta Castle were surrendred to Lieutenant-General Ludlowe and Maso Castle to Sir Charles Coote That 22 Men were excepted from the benefit of the Articles for the surrender of Limbrick of whom Seven were executed That Hugh O-Neale the Governour was pardoned for Life 9. Upon the News of the death of the late Lord Deputy of Ireland Collonel Ireton the Parliament as a Testimony of their affection for his many eminent Services ordered a Bill to be brought in for setling 2000 l. per Ann ' upon his Wife and Children of the Lands of the Duke of Buck's and his Corps to be brought to London to be honourably buried A List of 34 strong Holds and Castles in Ireland taken in by the Parliaments Forces the last Summer A Copy sent to the Parliament of the Earl of Clanrickards Declaration or Summons for an Assembly of the Rebels Letters That Two Troops of Collonel Whaley's Regiment quartered at Nottingham had meetings twice a week where their Officers and some of their Soldiers did preach and pray for which they were hated and cursed by the Presbyterians and their Preachers who say They are the greatest Plague that ever did befall that Town That the Presbyterians got the Scotch Prisoners there to be released and sent them home with store of Money and good Cloaths but they will give no Countenance nor Relief to any
Collonel Morgan in his late Ingagement with Glencarn and Kinmore killed One hundred and twenty of their men took Twenty seven Prisoners with all their Ammunition and most of their Arms and Eighty Horse That the business in Sweden goes on very hopefully the Lord Ambassadour has great great Repute with the Queen and the Grand Chancellour and his New Credentials are very well accepted of by them That the Ambassadors were Landed from Holland with Power to ratifie the Articles of Peace with England The Lords Newport and Youngshall Ambassadours Extraordinary from the States General Arrived with Eighty Persons in their Retinue and very Gallant 28 An Ordinance of the Lord Protector and his Council Published for the Reviving of the Jurisdiction of the County Pallatine of Lancaster and for holding Assize there Letters that Athol Glencarn Glencary and Kinmore were drawing all their Forces together about Four thousand to be Revenged of Collonel Morgan That they have taken off all their Garrisons and intend a flying Army and to Lodge their Ammunition in Woods Of a Scotch-man who in a Vision was warned to go to their General and tell him That because of their wicked living the Judgments of God would light on them The Scot not going to the General was warned in a Second Vision to go to him or else that the Judgment of God would fall upon him and was presently struck Dumb and declared all this by Writing and his Resolution to go to their General and to declare this to him in Writing March 1653. March 1. A Publick Minister from the Arch-Duke Leopoldus had Audience from the Lord Protector The Lord Mayor Aldermen and Recorder of London attended the Lord Protector and his Council about the business of a Corporation to the City of Westminster That the Lord Ambassadour Whitlock goes on very hopefully in Sweden but they are a little stumbled at the detention of Swedish Ships in England 2 Letters that the Duke of Lorain was seized upon and secured by the Arch-Duke Leopold 3 Letters that many of Athols Men forsook him and that his Levys did take little Effect the Country being grown weary of his Oppressions That one of Collonel Daniells Men running away to Athol was taken again and Hanged That others ran away from Collonel Daniels Regement That Major General Lamberts Regiment of Horse and Commissary General Whaleys were come near to the Highlands That the States Ambassadors came in great state through London in Coaches 4 Letters that the English Fleet Road at St. Hellens Point near the Isle of Wight The Dutch Ambassadors had Audience of the Lord Protector in the Banqueting House at Whitehall which was richly hanged and a Chair of State for the Lord Protector and Chair for the Ambassadors and a great multitude of people They acquainted his Highness That all their Provinces had consented to the Articles of Peace and had Impowred them to Ratifie the Articles and they desired a Cessation of Arms in the mean time An Ambassador was Landed from the King of Denmark to the Lord Protector 5 That Lieutenant Hellin with Six Troopers charged six of the Enemies ten miles into the Hills and took them their Horses and Arms and one of them being an English-man refused Quarter and was killed That Major Bridge with a Party took Six of the Enemy and seven Horses That young Montross had like to have killed the Lord Lorn 7 Of English Seamen Pressed for the Fleet. Of an English Barque taken by a Dutch Man of War who restored Her and secured Her from a Brest Man of War Of an English Ship brought in Prize into the Texel by a Dutch private Man of War 8 An Ordinance for Approbation of Ministers by Commissioners That six Members of the Lord Protectors Council were appointed Commissioners to meet with the Dutch Ambassadors to Sign the Articles of Peace with them That still both the English and the Dutch prepared to increase their Navies 9 Orders by the Lord Protector for all to repair to their Charges in Scotland 10 Of Barques taken by the Dutch Free-booters in the North. Of one hundred and forty Dutch Ships Arrived at the Vlye from the East Country That Middleton was gone for Scotland with two small Men of War and a little Ammunition and some Arms and about Three hundred Voluntiers 11 Letters that Middleton was Landed in the Highlands That the Lord Protector went on amain in his Preparations for the Sea and caused divers Marriners to be Pressed and drew out some Land Soldiers to put aboard the Ships 13 Letters that the Highlanders upon Middletons coming to them give out that he brought with him Two thousand five hundred Foot and five hundred Horse whereas he had under Three hundred in all That Captain Witter sent out a Party to skirmish with Captain Johnson before Blair Castle and Johnson and one more were killed That Captain Masons Troup and Captain Palmers Troup about Dunfrize fell soul upon one another by occasion of one of their Centries who was a Scotchman and thinking they had been Enemies six of them were killed and many wounded before they knew the mistake 14 Letters that Monsieur Chaunt the French Ambassadour with the States labours to put on the Interest of his Master and to have him Comprehended in the Peace betwixt the two Common-wealths That an East-land Fleet of One hundred and fifty Sail had brought to the Netherlands the necessary Commodities for Shipping that were wanting in those Countries That the King of Scots was still at Paris but had no encouragement to stay in that Court who much desired Peace with the Lord Protector 15 The Lord Protectors Commissioners met with the Dutch Ambassadors at their Lodgings to examine Papers and to compare the Articles of Peace agreed upon with the ingrossment of them That the Portsmouth Frigot and the Constant Warwick met with Beach the Admiral of the Brest Pyrates and pursued him till night when the Two Frigots were parted Beach roaving to and again in the Night chanced to light again upon the Constant Warwick and thinking she had been a Merchants Ship came up to her to Board her The Captain of the Warwick demanded who it was and Beach answered he was the Portsmouth Frigot but the Warwick suspecting him bad him stand off then Beach perceiving his mistake made away but the Warwick being a good Saylor made after him and kept him company all the Night That about Six in the Morning Beach begun the Fight firing Three Guns which were answered by the Warwick and the Fight lasted till Two in the Afternoon when Beach and his Men called for Quarter and had it That Beach had five Foot Water in the Hold when he yielded That he had Two hundred Men in his Ship whereof Twenty were killed in the Fight That his Ship was a Gallant New Vessel of Forty two Guns whereof Thirty were Mounted Anno 1654 That there were taken with him Nine Captains
for the several Burgs in Scotland 23 Divers Noblemen and others of Scotland who had Fines imposed on them by an Ordinance of the Protector and his Council came into the English Commissioners to offer what they could for Remission of those Mulcts 25 Debate about the Ordinance for ejecting Scandalous and Ignorant Ministers and ordered that the Members for the several Counties do bring in the names of fit persons to be Commissioners in this Act in the respective Counties 26 An Ordinance of the Protector and his Councel made a little before the Parliament sat was now Published appointing Commissioners to survey Forests Mannors Lands c. of the late King Another for the taking an Act of moneys upon the Act for Propagation of the Gospel in Wales Another for bringing in several branches of the revenue under the management of the Commissioners of the Treasury and Exchequer Three small Prizes brought in 27 The Lord Louden late Chancellor of Scotland was seized upon by some of his own Party intending to make their Peace by him but he got off from them receiving a shot in his Neck Collonel Morgan came out of Scotland for England and Collonel Overton was sent into the north of Scotland to Command in his place Bremen sent Commissioners to the States of Holland to desire their assistance to repel the Swede Count William of Nassau went from one good Town to another in Holland feasting the Magistrates and people to gain their affections tâ— the Prince of Orange M. Howard Son to the Earl of Arundel slew one Mr. Holland in the passage going to the Star-Chamber where a Committee sat 28 The Lord Mayor Aldermen and Common Councel of London Published their Order in pursuance of an Ordinance of the Lord Protector and his Councel for restraint of Hackney Coaches 29 A new Lord Mayor of London chosen Alderman Pack The new Sheriffs of London were Sworn in the Exchequer 30 The Grand Committee of Parliament debated the Articles of Government and came to some further Results and Votes upon several parts of them which they ordered to be Reported to the House forthwith October 1654. Oct. 2 The Marquess of Montross and his party in Scotland came in upon the like Articles as the Earl of Athol had done Those of Bremen were much put to it by the Swede 3 The business betwen England and the States of Holland in relation to their East-India Company was concluded by Commissioners on both parts to their Contentment Commissioners met to reconcile the differences betwixt the Sweeds and Bremen 4 A French Prize was brought in and seven more French Prizes Bankers sent in 5 Much Endeavour in Holland for setting up the Orange Party 6 The Parliament being resolved into a Grand Committee sat every day upon the Articles of Government Three Hundred Members of the House had subscribed the Recognition Letters of the Death of the Old Chancellor of Sweden Oxensterne and that his Son Grave Erit Oxensterne was to succeed him 7 Middleton ranged up and down in Argile Countrey in Scotland with about 40 Horse and some Foot but few came in to him to add to his Numbers 9 Twelve French ships taken by Captain Gethings and four more of the English Fleet. Some more Parliament men were chosen in Scotland 10 Divers Members returned for several places where they were Elected made their Elections in the House for which of those places they would serve and new Writs issued for Electing Members in the Places waved by them Questions about some of the Elections of Parliament men for Scotland were heard at the Committee of Priviledges In regard of the Plenty of Corn butter and Cheese which God gave us this year It was referred to a Committee to consider how some incouragement may be had for the transportation thereof and the Statutes in force against Ingrossers A Committee appointed to consider of the Ordinances made by the Protector and his Councel 11 The Solemn Fast kept 12 The House sat in a Grand Committee about the Government 13 The Highlanders in Scotland having stollen 100 Cattle from the Low-lands a Party of the English Army routed them killed a Lieutenant Collonel and one or two others and routed the rest 14 Lawson defeated the French in Caneda and took their Forts from them 16 Sir Mungo Murray taken Prisoner in the Highlands by Captain Elsemore and his Party routed 17 The Inhabitants of Ireland being very sensible of the mischiefs done to them by the Tories made head against them slew divers and brought their heads into Kilkenny The business of transplanting distasted the Irish more than any other thing At Delfe in Holland a Magazine of 700 barrels of Powder was casually set on Fire burnt about 300 Houses and a great Number of People and in the Hague 3 miles distant their glass windows were beaten down with the blow Four French Vessels sent in Prizes 18 Working in the Netherlands for advancement of the Party of the Prince of Orange 19 The House sat this day and the three former days in a Grand Committee about the Government and had much debate whether it should be Elective or Hereditary as to the single person the Protector of the Common-wealth 20 The Inhabitants of Edenburgh were very cross to the Parliaments Souldiers quartered among them 21 The Parliament continued sitting in a Grand Committee upon the Articles of Government 23 Four more French Prizes brought into Plimouth 24 Hammond one of the Parliaments Commissioners died at Dublin Two English Souldiers brought to the Gallows in Edenburgh for Robery one was hanged and the other saved by Lot and more Souldiers were then Scourged at the Gallows Foot for the same offence The Clergy in Scotland refused to observe the Fast-day ordered by the Protector it being their Principle Not to receive any directions for the keeping Fasts from the Civil Magistrate A Party of the Scots taken and killed in the Highlands by a small party of the English Forces 25 A Committee appointed to bring in a Bill for the relief of Creditors and poor prisoners The Committee for Religion sat and the Committee for regulating of the Chancery The Parliament approved and Confirmed the present Lord Deputy of Ireland the present Lords Commissioners of the great Seal of England the Commissioners of the Treasury and the two Chief Justices 26 The Parliament continued the consideration of the Government 27 Don Antonio Piementelle appointed to go Ambassador extraordinary from the King of Spain to the King of Sweden At Delph in Holland by the late fire 500 persons were Killed 250 wounded and 500 houses burnt to Ashes 28 Brest Pirates took four English Ships and Barques 30 The new Lord Maior of London Alderman Packe took his Oath before then Baronsof the Exchequer In a great Fire in Edenburgh the English Souldiers were so active to stop it that thereby they gained much upon the affections of
which was furthered by Whitelocke's advice to the Protector 20. The Commissioners of the Treasury made several reports to the Protector and Council of Arrears of money due to the state and upon advice with them his Highness and the Council made several orders for the Collecting and bringing in of those Arrears December 1657. 1. News of the King of Sweden's proceedings in the Isle of Funen 3. The distaste between the Protector and Bradshaw was perceived to increase 6. Order for the prosecution of some persons who had committed very great wasts and spoils in Forests 7. The Protector was perswaded to take to heart and to further the relief of the poor persecuted Protestants in the Vallies of Piedmont and to send an Agent to the Duke of Savoy to negotiate for favour to them as other Princes had done 11. Writs of Summons under the great Seal were sent to divers persons to sit as Members in the other House of Parliament The Form of the Writs was the same with those which were sent to summon the Peers in Parliament They were in all sixty among whom were divers Noblemen Knights and Gentlemen of ancient Families and good Estates and some Colonels and Officers of the Army Their Names were as followeth The Lord Richard Cromwell the Protectors eldest Son The Lord Henry Cromwell his other Son Lord Deputy of Ireland Nathaniel Fiennes John Lisle Lords Commissioners of the Great Seal Henry Lawrence Lord President of his Highness Privy Council The Lord Charles Fleetwood Robert Earl of Warwick Edmund Earl of Mulgrave Edward Earl of Manchester William Viscount Say and Seal Lord John Cleypole Master of the Horse Philip Viscount Lisle eldest Son to the Earl of Leicester Charles Viscount Howard Philip Lord Wharton Thomas Lord Fauconbridge Lord John Desborough Lord Edward Mountague Generals at Sea George Lord Eure. The Lord Whitelocke Sir Gilbert Pickering Colonel William Sydenham Sir Charles Wolseley Baronet Major General Philip Skippon Lord Strickland Colonel Philip Jones Sir William Strickland Francis Rous Esq John Fiennes Esq Sir Francis Russel Baronet Sir Thomas Honnywood Knight Sir Arthur Hasilrigge Baronet Sir John Hobart Sir Richard Onslow Knight Sir Gilbert Gerard. Sir William Roberts Knight John Glyn Oliver St. John Lords chief Justices William Pierpoint Esq John Jones Esq John Crew Esq Alexander Popham Esq Sir Christopher Pack Sir Robert Tichborn Edward Whalley Esq Sir John Barksted Knight Lieutenant of the Tower of London Sir George Fleetwood Sir Thomas Pride Richard Ingolsby Esq Sir John Hewson James Berry Esq William Goffe Esq Thomas Cooper Esq Edmund Thomas Esq George Monk Commander in chief of his Highness Forces in Scotland David Earl of Cassils in Scotland Sir William Lockart Sir Archibald Johnston of Warriston William Steele Lord Chancellour of Ireland The Lord Broghil Brother to the Earl of Corke in Ireland Sir Matthew Tomlinson 16. Colonel Sir John Reynolds who commanded the English Forces that joyned with the King of France was in a Pink coming over with Colonel White and others from Mardike for England and upon Goodwin Sands the Pink was cast away and all their men in her were drowned Among them was one William de Vaux a young man a good Scholar and very ingenious and being in a great storm in a former Voyage he vainly said That if ever he went to Sea again he would be contented that God should let him be drowned And now being again at Sea the Judgment imprecated by him did fall upon him and he was now drowned 24. The Commissioners of the Treasury prepared the business of the Contract with Commissioners for the Excise and new Impost 25. Some Congregations being met to observe this day according to former solemnity and the Protector being moved that Souldiers might be sent to suppress them he was advised against it as that which was contrary to the Liberty of Conscience so much owned and pleaded for by the Protector and his friends but it being contrary to Ordinances of Parliament which were also opposed in the passing of them that these days should be so solemnized the Protector gave way to it and those Meetings were suppressed by the Souldiers January 1657. 1. Whitelocke having lent Mr. Rushworth some Manuscripts he attended Whitelocke to shew him his Historical Collections as his Highness had ordered 3. A Meeting of the Gentlemen of the County of Bucks at Merchant-Taylors Hall where they had a great Feast 9. The Lord Willoughby petition'd the Protector for his Highness Order to go into the Country to dispatch some necessary business in relation to his Estate and promising to return to Prison which Petition the Protector granted 12. The Protector resolved to have a Collection for the poor persecuted Protestants of Piedmont 20. The Parliament met according to their Adjournment and the Members of the other House summoned by Writ met and sate in the Lords House as the Lords used to do formerly The Protector came thither and the Speaker with the House of Commons being sent for by the Black Rod came to the Lords House where the Protector made a solemn Speech to them but was short by reason of his Indisposition of health and after him the Lord Commissioner Fiennes spake to them more at large My Lords and Gentlemen of both the most honourable Houses of Parliament AMongst the manifold and various Dispensations of God's Providence of late years this is one and it is a signal and remarkable Providence that we see this day in this place a Chief Magistrate and two Houses of Parliament Jacob speaking to his Son Joseph said I had not thought to have seen thy face and lo God hath shewed me thy seed also Meaning his two Sons Ephraim and Manasseh And may not many amongst us well say some years since We had not thought to have seen a Chief Magistrate again amongst us and lo God hath shewn us a Chief Magistrate in his two Houses of Parliament Now may the good God make them like Ephraim and Manasseh that the three Nations may be blest in them saying God make thee like these two Houses of Parliament which two like Leah and Rachel did build the House of Israel May you do worthily in Ephrata and be famous in Bethlehem May it be your great business to procure the peace the safety and the prosperity of these three Nations and these things too not for themselves only but in order yet to greater and higher ends the advancement of the Kingdom of Christ amongst us and the Glory of God in the good of all men but especially of the Churches of God amongst men which as they are God's most precious Jewels and his chiefest care so must they also hold the choicest place in the eyes and in the hearts of all those that act under him and are cloathed with his power and authority In order to the great and glorious end you may please in the first place to reflect upon the Posture that
Parliaments party The King's Garrison in Latham-house as was informed contrary to an agreement and cessation of Arms â—allied out and did much mischief to the Parliaments friends Jan. 29. The Commissioners for the Treaty on both parts met at Vxbridge and had their several quarters those for the Parliament and all their Retinue on the North side of the Town and those for the King on the South side and no intermixture of the one party of their Attendants with the other the best Inn of the one side was the Rendezvous of the Parliaments Commissioners and the best Inn of the other side of the Street was for the King's Commissioners The Evening that they came to Town several Visits passed between particular Commissioners of either party as Sir Edward Hyde came to visit Mr. Hollis and Mr. Whitelocke the Lord Culpepper visited Sir Henry Vane and others of the King's Commissioners visited several of the Parliaments Commissioners and had long Discourses about the Treaty and to perswade one another to a compliance Mr. Whitelocke visited Sir Edward Hyde and Mr. Palmer and Sir Richard Lane and others and several of the Parliaments Commissioners visited divers of the King's Commissioners and had discourses with them tending to the furtherance of the business of the Treaty The Town was so exceeding full of company that it was hard to get any quarter except for the Commissioners and their Retinue and some of the Commissioners were forced to lie two of them in a Chamber together in Field Beds onely upon a Quilt in that cold weather not coming into a Bed during all the Treaty This place being within the Parliaments quarters their Commissioners were the more civil and desirous to afford accommodations to the King's Commissioners and they thought it fit to appoint Sir John Bennet's House at the further end of the Town to be fitted for the place of meeting for the Treaty The foreway into the House was appointed for the King's Commissioners to come in at and the backway for the Parliaments Commissioners in the middle of the house was a fair great Chamber where they caused a large Table to be made like that heretofore in the Star-chamber almost square without any upper or lower end of it The King's Commissioners had one end and one side of the Table for them the other end and side was for the Parliaments Commissioners and the end appointed for the Scots Commissioners to sit by themselves Behind the Chairs of the Commissioners on both sides sate the Divines and Secretaries and such of the Commissioners as had not room to sit next to the Table At each end of the great Chamber was a fair withdrawing Room and Inner-chamber one for the King 's the other for the Parliaments Commissioners to retire unto and consult when they pleased The first night of their being together a little before Supper an intimation was given that the Chancellour of Scotland expected both at the Table and Meetings to have precedence of all the English Lords and that Mr. Barkley and Mr. Kennedagh expected to have precedence of the English Commissioners who were but Esquires except Mr. St. John to whom they were pleased to allow precedence because he was the King's Sollicitour Upon Discourse the Arguments they insisted upon for the Chancellour were That he was the prime Officer of Scotland and had precedence of all Dukes there unless they were of the Blood Royal and both the Kingdoms being now united he was to have the same precedence in England as he had in Scotland To which was answered That he was not Chancellour in England nor had any precedence here but in courtesie as Earl of Loudoun that formerly when the great Officers of England attended the King into Scotland as soon as they came thither they ceased to execute their Offices and had no precedence there and that it ought to be alike with the Chancellour of Scotland when he was here For the precedence of Mr. Kennedah and Mr. Berkley before the Commissioners who were Esquires they were informed that Mr. Whitlocke and Mr. Crew were eldest Sons of Knights and that by the Law of England those were to have precedence next to Knights and consequently before the Scottish Gentlemen with which they were satisfied but still they insisted upon the point of the Chancellour's precedence The Earl of Northumberland smiled at this contest and seemed to contemn it of whose great Honour and Family and the Antiquity of it the Scots Commissioners could not be ignorant nor of the difference between that and the Family of the Earl of Loudoun Yet Northumberland moved for satisfaction of the Scots that the Chancellour and one other of the Scots Commissioners might sit at the upper end of the Table which was not taken for the chief but for the Womans place and the rest of the Commissioners to sit in their ranks on either side and so that matter was for the present settled Officers had been sent down from the Parliament to prepare all things fit for the Commissioners and for their Diet and Entertainment at which the Scots Commissioners were contented to have their share and things were ordered very nobly and handsomely Mr. Thurloe and Mr. Earle were Secretaries for the English and Mr. Cheesely for the Scots Commissioners none sate at the Table with the Commissioners but the Ministers when there was room and sometimes strangers or persons of Quality that came into them and a very full Table was there kept for them and alwaies before every Meal one of the Ministers Mr. Marshal or Mr. Vines and now and then Mr. Henderson prayed and suitable to the occasion On the first day of their meeting Jan. 30. in the Evening before they entred upon the Treaty each side desired to know the others power for the Treaty and to have Copies thereof A Petition from Kent presented by their Committee express their good affection to the Parliament and encourage the Commons to pursue the Self-denying Ordinance and the thanks of the House was returned them The King's forces advancing towards Newport Paganel Sir Samuel Luke the Governour was sent down thither Divers Orders were made for Supplies for the several forces The Members of the House attended the Burial of Mr. John White of the Middle Temple a Member of the House of Commons a Puritan from his youth to his death an Honest Learned and Faithfull Servant to the publick but somewhat severe at the Committee for plundered Ministers The Lords read the Bill or Ordinance for raising Forces under Sir Thomas Fairfax and the Commons ordered a Letter to be sent to him for his speedy coming up to the Parliament and whilst the Treaty for Peace went on they did not slacken their pains to prepare for War in case the Treaty should take no effect For the motion of the Scots Army Southwards Letters were past by the Commons and sent up to the Lords Jan 31. The Commissioners for the Treaty having
of the Army came to the Parliament with Letters from the G. of the Proceedings of the Army and desiring that the 3000 Tun of French-Wines taken at Leith might be Custom and Excise-free and sold and distributed among the private Souldiers which the House granted and ordered the Letters found in the L. Chancellor's Cabinet to be Printed at the end of the Declaration for the Publick Thanks-giving 23. Letters That the Scots were raising new Forces upon the Presbyterian Interest and That the King was at Dundee with some of his Cavalier Party as well as Presbyterians That the G. sent to the Governour of Edenburgh-Castle that the Ministers with him might return to their Churches and have free liberty to Preach there and commanded that none of the Army should molest them The Ministers sent Answer That they found nothing exprest whereby to build any Security for their Persons and for their Return they resolved to reserve themselves for better Times and to wait upon him who had hidden his Face for a while from the Sons of Jacob. The G. Replied in a Letter to the Governour to this effect Our Kindness offered to the Ministers with you was done with ingenuity thinking to have met with the like but I am satisfied to tell those with you That if their Masters Service as they call it were chiefly in their eye imagination of suffering would not have caused such a Return Much less the Practices of our Party as they are pleased to say upon the Ministers of Christ in England have been an Argument of personal Persecution The Ministers of England are supported and have liberty to preach the Gospel though not to rail nor under pretence thereof to overtop the Civil Power or debase it as they please No man hath been troubled in England or Ireland for Preaching the Gospel nor has any Minister been molested in Scotland since the coming of the Army hither The speaking Truth becomes the Ministers of Christ When Ministers pretend to a Glorious Reformation and lay the Foundation thereof in getting to themselves Power and can make worldly mixtures to accomplish the same such as their late Agreement with their King and hopes by him to carry on their Designs they may know that the Syon promised and hoped for will not be built with such untempered Mortar And for the unjust Invasion they mention time was when an Army of Scotland came into England not called by the Supreme Authority We have said in our Papers with what hearts and upon what account we came and the Lord hath heard us though you would not upon as solemn an Appeal as any Experience ean parallel When they trust purely to the Sword of the Spirit which is the Word of God which is powerful to bring down strong Holds and every Imagination that exalts it self which alone is able to square and fit the Stones for the New Jerusalem Then and not before and by that means and no other shall Jerusalem which is to be the praise of the whole Earth the City of the Lord be built the Syon of the Holy One of Israel I have nothing to say to you but that I am Sir Septemb. 9. 1650. Your Humble Servant O. CROMWELL The Scots Ministers sent an Answer to this Letter and the General another Letter in Answer to them and says therein We look upon Ministers as Helpers of not Lords over the Faith of Gods People I appeal to their Consciences whether any denying their Doctrines and dissenting shall not incur the Censure of Sectary And what is this but to deny Christians their liberty and assume the infallible Chair Where do you find in Scripture that Preaching is included in your Function Though an Approbation from men hath Order in it and may do well yet he that hath not a better than that he hath none at all I hope he that ascended up on high may give his Gifts to whom he please and if those Gifts be the Seal of Mission be not envious though Eldad and Medad Prophesie you know who bids us covet earnestly the best Gifts but chiefly that we may Prophesie Which the Apostle explains there to be a speaking to Instruction and Edification and Comfort which the Instructed Edified and Comforted can best tell the Energy and Effect of If such Evidence be I say again Take heed you envy not for your own sakes lest you be guilty of a greater fault than Moses reproved in Joshua for envying for his sake Indeed you err through the mistake of the Scriptures Approbation is an act of Conveniency in respect of Order not of Necessity to give Faculty to Preach the Gospel â—our pretended fear lest Error should step in is like the man that would keep all the Wine out of the Countrey lest men should be drunk It will be found an unjust and unwise Jealousie to deny a man the liberty he hath by Nature upon a supposition he may abuse it when he doth abuse it judge 24 An Act passed for Encouragement and Indempnity of such as voluntarily engaged themselves in the Service of the Parliament in this time of common Danger An Act passed for appointing new Commissioners for the Excise A Vote approving the late Transactions of the Militia of London and Westminster 25 Proceedings in the Trial of Sir John Gell before the High Court of Justice By the Letters taken in the Cabinet of the L. Chancellor London at Dunbar-Fight appeared that the Scots designed to invade England Letters that the L. Willoughby and others had Proclaimed King Charles the Second in the Barbadoes and That the Assembly there had Sentenced Capt. Tienman and Lieut. Brandon to be disfranchized their Estates to be seized their Tongues cut their Cheeks burnt with the Letter T and afterwards to be banished and That they had Fined and Banished most in the Island who were well affected to the Parliament 26 Order for the Thanks of the House to be given to the old Commissioners of the Excise for their good Service Letters That the Ministers about Dartmouth would not read any Act or Ordinance commanded by the Parliament Rumors of Hopton's and Greenvile's Landing with Forces in the West which caused the Governor of Weymouth and the Militia thereabouts to be in a readiness Recruits ordered for Scotland Letters That Sir Charles Coot with 600 Horse and 1300 Foot Marched to the L. Deputy before Athlowe That there was Difference amongst the Irish occasioned by their Clergy That the E. of Westmeath took in a Castle of the L. Dillon's and put all in it to the Sword 27 Upon the Report from a Committee The House Voted That one Clackson who made and Published an Impious and Blasphemous Book called The Single Eye should be sent to the House of Correction and afterwards be Banished and that the Book be Burned by the Common Hangman And That Mr. Rainsborough a Justice of peace in Middlesex who countenanced the Book be disabled from being a Justice
to Ayre were received of the Garrison of the Castle of Arran upon conditions That Ships were come to Leith with Provisions and horse meat A Petition of the Eastland Merchants residing at Dantzicke submitting and commending the late Act of Navigation which they do pray may be observed and remedy of abuses in their Trade Votes That all Wools brought into England shall be Excise-free That an Act be brought in to prevent the Exportation of Scotch Wools Woolfells or Leather Referred to the Councel of State to consider and prepare an Act touching the Adventurers for Ireland and the qualifications touching Ireland formerly read in Parliament and that they be impowred to transport such of the Irish as they shall think fit into Forrein parts and about Transplanting of the Irish from one part of the Nation to another And to consider of Satisfaction to such Officers and Soldiers as shall be disbanded in Ireland Letters of the Surrender of Galloway to the Parliaments Forces with a Copy of the Articles and several Letters between the Parliaments Commissioners and Sir Charles Coot in Ireland about that Business referred to the Councel of State Vote That the Committee for the Universities and the Committee of Indemnity do sit no more and the House appointed a day to consider of filling the House with new Members 23. Letters That the Isle of Arran in Scotland and Duke Hamiltons House the Castle there was upon Summons Surrendred to the Parliaments Forces the Island is 8 miles over and 24 miles in Length and those in the Castle told the Commander of the Parliaments Forces that if they could have kept the Castle against him they would not have Surrendred it but being they could not defend it that he and his Soldiers were welcome to it That the Inhabitants shewed much distast to Argyle but the Civil Carriage of the Parliaments Soldiers did much ingage them 24. Letters of several Ships come into Leith Road loaden with Hay and others with Merchandize That the Ship which brought the Money for the Army lost her â—udder at Yarmouth Road and so was hindered of her Voyage That Argyle was preparing of Forces and yet gave good words to the English Commissioners That great depredations were committed by the Highlanders That the Chancellour sought to come in and the Ministers in the West were busie in designing against England That Sir George Ascue had taken in the Barbadoes the Letters from him with the Articles read in Parliament and the Messenger had 100 l. given him by the House Debate upon Regulating of the prizes of Wine 26. Letters That Sir George Ascue landed but 200 at first under Captain Morris who beat up one of the Enemies Quarters and took from them a little Fort with 4 Guns which they spiked up without any Loss That the Virginia-Fleet came in thither but very weak and their Men sick yet Sir George took the advantage of the appearance of that Fleet and sent a new Summons to the Lord Willoughby But he refusing to submit Sir George modelled 400 into a Regiment and landed them at night and were gallantly received by the Lord Willoughbyes men but being night they thought the Assaylants more than they were and the Seamen with great Shouts running upon the Enemy they were so amazed that after a short dispute they all ran away Leaving a place where in a manner they were intrenched and 4 great Guns That this party thus routed were 1200 Foot and a Troop of Horse and Sir George lost but 7 or 8 men whereof one was Lieutenant-Collonel Allen of the Enemy were 100 Slain and 80 Prisoners The success was nothing towards the gaining of the whole Island the Enemy having then about 5000 Horse and Foot in Arms. That the Virginia-Fleet after 7 days went away and then Sir George upon Information of Collonels Muddifords interests in the Island and Affections to the Parliament Sir George sent to him and his Friends by giving them honourable Conditions and he joined with Sir George and made up 2000 Foot and 100 Horse That the People came in hourly to Sir George who went on Shoar to Collonel Muddiford and his Company and gave them full satisfaction of his Commission and the Parliaments intentions whereupon they engaged to live and dye with the Parliament That the Lord Willoughby understanding this marched up to them with all the Force he could make and one of Sir George his great Guns Shot in at the Door where the Lord Willoughby and his Councel of War were and carried away the Sentinels head That this night the Enemy marched 2 Miles from Sir George his men who had many designs but were hindred by the Rains for 3 or 4 daies together and before they could March the Lord Willoughby sent for a Treaty and in regard his strength was much the greater and to avoid the destruction of that goodly Island which was already much wasted Sir George sent his Commissioners to meet with the Lord Willoughbys Commissioners and they agreed upon Articles and it was surrendred to the Parliament The truth was that the Lord Willoughby was forced to this surrender knowing that his men would not stand to him but dayly did desert him and most of the Islanders took in with C. Muddiford against my Lord. Letters that the Frigot with the Mony was safely arrived at Leith narrowly escaping the Sands on which she struck six times upon the Coast of Yarmouth but was delivered by the breaking of her Rudder That Argyle and his Clans agreed to oppose the Parliament of England and that he had gotten 10000 Arms. That the Kirk began to piece again but the People were inclinable to the Union 27. Votes touching the payment of Debts upon publick Faith Referred to a Committee to consider how the Poor may be set to work and relieved and not suffered to beg and to review all the Acts touching the Poor and report the defects of them and to receive Proposals for the City of London or others touching the Poor An Act passed for the further ease and relief of poor Prisoners for Debt Letters That the Scots King was ingaged in mediating a Peace between the King of France and the Princes wherein he alledged his own condition and that of his Father and the King of France thanked him for his good Intentions and desired him to make the like Proposals to the Princes Which the Scots King did but the King of France refused to put away the Cardinal who offered to go away rather than to be a cause of continuing the miseries of France that the Princes doubled their Guards and the People were enraged against Cardinal Mazarini 29. Letters of the reducing of the Barbadoes to the same effect as before The Revolt of Collonel Muddiford and Letters from my Lady Willoughby to my Lord her Husband that the Kings Forces were defeated at Worcester and of the condition of the Affairs in England with her advice
besides himself and divers Gentlemen That this Beach was the chief Ring-leader Pyrate That he lived at Brest like a Prince and had done much Mischief to the English Merchants 16 Letters that the Queen of Sweden and the Chancellor are desirous to see what will be the Issue of the Treaty between England and the Dutch before they come to a Conclusion with the Lord Ambassador Whitelock who is often in conference with the old Chancellor Oxenstiern and hath great respect from him and from the Queen That Middleton Commanded the Sheriff Gutherland to Act no more in the Name of the Lord Protector but said he would give him a Commission to Act as Sheriff under the King That he laboured much to raise men for the King 17 That Middletons Son when he Landed had but a few Reformadoes with him One hundred and fifty Barrells of Powder and Arms for about One thousand Men some say in all that he brought Five thousand Armes and two great Guns and that Grafort had got together Six hundred of his Men to meet Middleton and the rest had appointed a Rendezvous to shew their Forces to him That Collonel Morgan was Marched that way to wait upon them and their Motions 18 Letters of a French Vessel brought in Prize by a Private Man of War That Captain Potter after Captain Beach had yielded to him and came on Board the Warwick Beach demanded of him the performance of Articles to be set on Shore in France Potter told Beach that he never heard of any such Articles and told Beach if he would he might go on Board his own Ship again and Fight it out but Beach would not do so That the Fight between them lasted Eight hours That Beach had Thirty nine Guns and Two hundred Men whereof he lost twenty That Potter had but Thirty two Guns and One hundred and thirty Men and lost but two of them That Captain Potter brought Beach and his Ship and Company into Plymouth An Order passed by the Protector and his Council appointing of Commissioners for approving of Ministers Another passed for disposing of Forfeited Estates in Scotland Two other Ordinances passed for setling the Customs and Excise Of a Dutch Ship loaded with Pitch Tarr c. taken Prize by a private Man of War 20 That the Lord Protector passed a Declaration inviting the People of England and Wales to a day of Solemn Fasting and Humiliation and shewing the ground thereof Letters of a great Fleet gone from New Castle for London and Ten more going forth after them and without a Convoy were set upon by the Capers and though they ran themselves on Ground yet after their Men were got out the Capers got off Five of the Ten Sihps and the other Five were lost that in a Fortnight the Capers had taken Twenty two Coal Ships 21 The Ordinance Published for continuing the Excise for one Year and the Rates of the Excise That the Country that fail to send in their Levies to the Enemy expected Fire and Sword from them That a Party of Collonel Okeys Regiment took a Cornet and Four Troupers and Eleven Horses from the Enemies 22 Several meetings by the Dutch Ambassadours and by the Lord Protector 's Commissioners about the perfecting the Articles for the Peace Report of a Match between the King of Scots and the Duke of Lorains Daughter and that the King was to have Four Millions and the Dukes Assistance for his Restauration 23 The Ordinance for Approbation of Ministers published with the Names of the Commissioners some of them being not Ministers and the greatest number of them Eminent Ministers 24 Kept by the Lord Protector and his Council a Solemn day of Humiliation and they had Three Sermons at White-hall 25 An Ordinance Published for continuing the Imposition upon Coals for the Building of Ships Another for passing Custodies of Ideots and Lunaticks Another for continuing an Act for Pressing of Seamen Letters that there wanted People in Ireland for Manuring the Ground that the Tories were near destroyed and if they heard of any Party of the English abroad they presently fled to the Woods and Boggs That the Highlanders had a Rendezvous and gave out that they were Seven thousand Men but have no Monys that the Duke of York was expected to come to them The Post with the Dutch Letters was seized upon by Thieves at Southwark and the Letters opened and thrown away That Monsieur Burdeaux was to be brought in State through London as Ambassadour Extraordinary from the French King to the Lord Protector 27 Monsieur Burdeaux made his Entry in London as Ambassador Extraordinary attended with Sixty Coaches Upon Letters from the Dutch Ambassadors in England to their Superiours That the Treaty of Peace with England was not yet concluded the States sent to their Admirals and Chief Sea Officers to repair to Amsterdam and to take care that the Fleet should be in readiness A List of divers Prizes lately taken 28 That the old Natives about Lewis in Scotland joyned with the English against Seafort and his Men and killed many of them That the English Commander in Chief confined some persons for Corresponding with the Enemy 29 The French Kings Ambassadour Monsieur Burdeaux had Audience by the Lord Protector in the Banquetting House at White-Hall New Frigots Launched for the Lord Protector 30 An Ordinance passed for Relief of Persons that have acted in Defence of the Common-wealth Letters of the Resignation of her Government by the Queen of Sweden to her Cousin the Prince Palatine and of her Knighting of the Count de Montecuculi General of the Horse to the Emperour An Act passed for suspending the Act for Relief of poor Prisoners and Creditors Towns in Scotland fined by the Court Martial for harbouring the Enemy the Houses to be razed to the ground April 1654. April 1. Letters that Collonel Cooper with a Party falling into the Enemies Quarters took Thirty five Prisoners and Killed Twelve and took sixty Horse and some Armes That about Three thousand Tories were shipped to be Transported out of Ireland Of a Dutch Prize brought in and a Ship of Vlushing taken after five hours Fight 3 Addresses to the Lord Protector from York and of the City and the Grand Jury of the County acknowledging his Government and promising Obedience thereunto Letters of a Captain of Middletons and Six Souldiers taken Ofa Vessel surprized by Seafort with Boats She was loaden with Armes and Ammunition That the Enemy were cruel in Plundering and Burning when the Country did not obey their Warrants The Portugal Ambassadour had Audience of the Lord Protector The Committee for Approbation of Ministers began to Sit. 4 An Ordinance Publisted for Probate of Wills and granting Letters of Administration Another Prohibiting making of Cock Matches The Agent from the Queen of Sweden had Audience Letters of an English Ship of One hundred Tuns taken by the Brest Men of War Of another Ship of Two hundred and
result of the Court was That by all those Laws the proceedings in this Case were justified And that no Councel could be allowed to the Ambassador's Brother in matter of Fact but if in the proceedings of his Trial he should desire Councel as to matter in Law it should be allowed him After much persuasion he and the rest pleaded Not Guilty and to be Tried by God and the Country and a Jury was called of half English and half Foreigners Adjounred till the next day for their Trial. An Ordinance published impowring the Commissioners of the Customes and others by persons under them to suppress drunkenness prophane Cursing and Swearing 6 An Ordinance published prohibiting Horse-Races for Six Months because of the late Plots The Portugal Ambassador's Brother was again brought before the Commissioners of Oyer and Terminer in the Upper Bench and Tried by a Jury of six Denizens and six Aliens he pleaded his ignorance in the Laws of England and desired to have Councel Assigned him but the Court told him That they were of Councel equal to him as to the Commonwealth and upon hearing of the Witnesses the Jury found the Ambassador's Brother and Four more Guilty of Murder and Felony The Lord Chief Justice Rolls gave Sentence against them to be Hanged and a day appointed for Execution but by the desire of the Prisoners it was respited two days The Lord Commissioner Lisle President of the High Court of Justice made a long Speech to Fox Gerrard and Vowel to convince them of the wickedness of their Design and then the Sentence of the Court was read against them severally That upon mature consideration of the Treasons and Murders Plotted and Contrived by them against his Highness the Lord Protector and the Common-wealth and raising a Bloody War in the same the Court did adjudge them to be Hanged Mr. Gerrard moved that he might be Beheaded or shot to death like a Soldier and petitioned the Lord Protector to that purpose This day Whitelock gave account to the Protector and his Councel of his Embassy in Sweden and spake to this effect May it please your Highness I Attend by your Command to give an account of the discharge of that great Trust and weighty Burthen which through the Assistance of God I have undergone in my Imployment to Sueden with the Success of that Negotiation wherein I shall not waste much of your time for which you have other great Affairs but in as few words as I can I shall with clearness and truth acquaint your Highness and this Honourable Councel with those matters which I apprehend most fit and worthy of your knowledge After the Receipt of my Commission and Instructions from the Parliament thensitting to go Ambassador unto Sueden I neglected no time how unseasonable soever to Transport my self unto that Countrey Vpon the 5th of November I Embarqued at the Hope and after ten days Voyage through many Storms Enemies and Dangers it pleased God on the 15 of November to bring me in Safety with all my Company into the Port of Gottenburgh The next day I dispatched two of my Servants to the Court with Letters to Prince Adolphe the Grand Master and to the Ricks Chancellor of Sueden to advertise them of my arrival and to desire their Advice whither I was to direct my Journey to attend the Queen In the City I received many Civilities and Testimonies of respect to the Commonwealth from the Magistrates Officers and others there and a small Contest I had with a Dutchman a Vice-Admiral of her Majesties about our War with his Countreymen and about some Prizes brought in by me wherein I took the Liberty to justifie the proceedings of this State and after submission I ordered the Release of a small Dutch Prize taken by one of my Ships Having refreshed my self and Company some days in this place I began my Land-Journey the last day of November the Military Officers accompanied me out of Town the Citizens and Garison Souldiers stood to their Arms and with many Volleys of great and small shot the Bullets making somewhat too near Complements they gave me an honorable Farewell In our Journey we met with extream hardships both in the weather and want of necessary accommodations In the greater Towns where we quartered the Magistrates and Officers shewed great respect to our Commonwealth onely in one Town a little Affront was given in words by a Prâ—â—tor who acknowledged his Fault and it appeared to proceed more from Drink than Judgment In all places the Officers took great care to furnish me with what the Countrey would afford which I wanted the ways were repaired Wagons and Horses brought in and all done that could be by the special Command of Her Majesty After twenty one days in our Land-Journey near Four hundred Miles from Gottenburg up into the Countrey in that Climate in December through all our Difficulties it pleased God to bring us safe to Upsale upon the twentieth of December About half a League from the Town the Master of the Ceremonies and after him two of his Ricks Senators with the Queens Coaches the Spanish Residents and divers of the great Officers met me and with more than ordinary Ceremonies conducted me to an house in the Town by the Queens order taken and furnished for me Divers Complements passed from the Queen her self and many in that Court expressing muâ—h respect to this Commonwealth in the person of your Servant By favour I obtained my first Audience from the Queen on the twenty third of December the particular passages whereof as of most other matters which I have to mention were in my Letters imparted as they fell out to Mr. Secretary Thurloe and by him I presume unto your Highness and the Councel Two or three days after this I procured a private Audience from Her Majesty when I shewed her my Commission and appointed to wait on her again with my Proposals The Spanish Resident Don Piementel expressed very high respect to this Commonwealth and particular affection to me who knowing his great favour with the Queen I contracted an Intimacy of Friendship with him I had the like with Mr. Woolfeldt the King of Denmark ' s Brother in Law and grew into good acquaintance with Grave Wrangel Grave Tot the Queens Favourite Grave Leonhagh Baron Bond Baron Vanderlin and several other Senators and great men especially I got into the favor and affection of the old Chancellor Mr. Lagerfeldt Secretary Canterstein Mr. Ravins and several others were usesul to me and of my Countreymen I had the Assistance of General Major Fleetwood a faithful Servant to England and my noble friend Colonel Hambleton the Lord Douglas Mr. Bloome and some others gave me their Assistance Having thus given your Highness some account of persons I come now to the matter of my Negotiation wherein these persons were exceedingly useful By Piementel ' s advice I made my applications to the Queen her self and as much as I could put the
shall be left by the party acusing in writing under his hand with the party accused or in his absence at his house in the County City or Town for which he shall be chosen if he have any such house or if not with the Sheriff of the County if he be chosen for a County or with the Chief Magistrate of the City or Borough of which he is chosen And that the number of persons to be Elected and chosen to Sit and serve in Parliament for ENGLAND SCOTLAND and IRELAND and the distribution of the persons so chosen within the Counties Cities and Boroughs of them respectively may be according to such proportions as sholl be agreed upon and Declared in this present Parliament V That your Highness will consent That none be called to Sit and Vote in the other House but such as are not disabled but qualified according to the Qualifications mentioned in the former Article being such as shall be nominated by your Highness and approved by this House and that they exceed not Seventy in number nor be under the number of Forty whereof the Quorum to be One and twenty who shall not give any Vote by Proxies and that as any of them do dye or be Legally removed no new ones be admitted to Sit and Vote in their rooms but by consent of the House it self That the other House do not proceed in any Civil Causes except in Writs of Error in Cases adjourned from Inferior Courts into the Parliament for difficulty in Cases of Petitions against Proceedings in Courts ef Equity and in Cases of the Priviledges of their own House That they do not proceed in any Criminal Causes whatsoever against any person criminally but upon an Impeachment ef the Commons assembled in Parliament and by their consent That they do not proceed in any Cause either Civil or Criminal but according to the known Laws of the Land and the due course and Custom of Parliament That no final Determinations or Judgments be by any Members of that House in any Cause there depending either Civil Criminal or Mixt as Commissioners or Delegates to be nominated by that House But all such final Determinations and Judgments to be by the House it self Any Law or Vsage to the contrary notwithstanding VI. That in all other particulars which concern the calling and holding of Parliaments your Highness will be pleased That the Laws and Statutes of the Land be observed and kept and that no Laws be Altered and Suspended Abrogated or Repealed or new Law made but by Act of Parliament VII And to the end there may be a constant Revenue for Support of the Government and for the Safety and Defence of these Nations by Sea and Land We declare our willingness to Settle forthwith a Yearly Revenue of Thirteen hundred thousand Pounds whereof Ten hundred thousand Pounds for the Navy and Army and Three hundred thousand pounds for the Support of the Government and no part thereof to be raised by a Land Tax And this not to be altered without the consent of the Three Estates in Parliament And to grant such other Temporary Supplies according as the Commons Assembled in Parliament shall from time to time adjudge the necessities of these Nations to require And do pray Your Highness That it be Declared and Enacted That no Charge be laid nor no person be compelled to contribute to any Gift Loan Benevolence Tax Tallage Aid or other like Charge without common consent by Act of Parliament which is a Freedom the People of these Nations ought by the Laws to Inherit VIII That none may be added or admitted to the Privy Council of your Highness or Successors but such as are of known Piety and undoubted affection to the Rights of these Nations and a just Christian Liberty in matters of Religion nor without consent of the Council to be afterwards approved by both Houses of Parliament and shall not afterwards be removed but by consent of Parliament but may in the Intervals of Parliament be suspended from the Exercise of his Place by your Highness or your Successors and the Council for just cause and that the number of the Council shall not be above One and twenty whereof the Quorum to be Seven and not under As also that after Your Highness death the Commander in Chief under Your Successors of such Army or Armies as shall be necessary to be kept in England Scotland or Ireland as also all such Field-Officers at Land or Generals at Sea which after that time shall be newly made and Constituted by Your Successors be by consent of the Council and not otherwise And that the standing Forces of this Commonwealth shall be disposed of by the Chief Magistrate by consent of both Houses of Parliament sitting the Parliament and in the Intervals of Parliament by the Chief Magistrate by the Advice of the Council And also that your Highness and Successors will be pleased to Exercise your Government over these Nations by the Advice of your Council IX And that the Chancellor Keeper or Commissioners of the Great Seal of England the Treasurer or Commissioners of the Treasury there the Admiral the Chief Governour of Ireland the Chancellor Keeper or Commissioners of the Great Seal of Ireland the Chief Justices of both the Benches and the Chief Baron in England and Ireland the Commander in Chief of the Forces in Scotland and such Officers of State there as by Act of Parliament in Scotland are to be approved by Parliament and the Judges in Scotland hereafter to be made shall be approved of by both Houses of Parliament X And whereas your Highness out of your zeal to the glory of God and the propagation of the Gospel of the Lord Jesus Christ hath been pleased to encourage a Godly Ministry in these Nations We earnestly desire that such as do openly revile them or their Assemblies or disturb them in the Worship or Service of God to the dishonour of God scandal of good men or breach of the peace may be punished according to Law And where the Laws are defective that your Highness will give consent to such Laws as shall be made in that behalf XI That the true Protestant Christian Religion as it is contained in the holy Scriptures of the Old and New Testament and no other be held forth and asserted for the publique profession of these Nations And that a Confession of Faith to be agreed by your Highness and the Parliament according to the Rule and Warrant of the Sciptures be asserted held forth and recommended to the people of these Nations That none may be suffered or permitted by opprobrious Words or Writing maliciously or contemptuously to Revile or Reproach the Confession of Faith to be agreed upon as aforesaid And such who profess Faith in God the Father and in Jesus Christ his Eternal Son the true God and in the Holy Spirit God coequal with the Father and the Son one God blessed for ever and do acknowlege the