A Further Narrative of the Passages of these times in the Common-Wealth OF ENGLAND An Act for renouncing and disanulling the pretended Title of Charls Stuart and for the taking away of the Court of Wards and Liveries the Judgment of the House of Commons pronounced by Mr. Speaker against James Naylor the Quaker WITH The Triall of Miles Sundercombe being indicted of high Treason for conspiring against the life of his Highness the Lord Protector Feb. 9. 1656. A DAY Of Publick thanksgiving for the marvellous goodnesse of God to this Nation in the Island of Teneriffe under Generall Blake and giving them great success against the Ships of the King of Spain 16. fier'd and not one of ours lost An exact relation of the manner of the solemn Investiture or happy Inauguration of his Highness the Lord Protector at Westminster June 26. 1657. With his Oath and the Oath of the privy Councell and every person who now is or hereafter shall be a Member of either House of Parliament before he sit shall from and after the first of July 1657. take the same With a particular account of the taking in of the Fort of Mardike in Flanders by Dunkirke with the names of the House of Lord And some heads of the speech made by his Highnesse to both houses Jan. 1657. Which Parliament was dissolved the 4th of Feb. 1657. Printed by M. S. for Thomas Jenner at the South entrance of the Royall Exchange AN ACT FOR Renouncing and disanulling the pretended Title of CHARLS STUART c. FOr the better establishment of the peace of this Common-Wealth of England Scotland and Ireland and the Territories and Dominions thereunto belonging and for the prevention of the designs and attempts of the enemies thereof The Knights Citizens and Burgesses in this present Parliament assembled Do in the name of all the people of this Commonwealth fully freely absolutely and for ever Disclaim and Renounce all Fealty Homage or Allegiance pretended to be due unto Charls Stuart eldest Son of the late King Charls James Stuart second Son of the said late King Henry Stuart third Son of the said late King or any other the Issue or posterity of the said late King or any person or persons pretending or which shall at any time hereafter pretend Title by from or under him them any or either of them to hold or enjoy the Crowns of England Scotland and Ireland or of either or any of them or to have the Name Title Stile or Dignity of King or Queen of Great Britain King or Queen of England Scotland and Ireland Prince of Wales Duke of Cornwal Prince of Scotland Duke of Albany Duke of Rothesay Duke of York Duke of Gloucester any or either of them or to have and enjoy the Power Government or supream Magistracy of this Commonwealth or of any part thereof or of any the Territories or Dominions thereunto belonging or to have or enjoy as King or Queen of England Scotland and Ireland or of either or any of them Prince of Wales Duke of Cornwal Duke of Albany Duke of Rothesay Duke of York Duke of Gloucester or Prince of Scotland all or any the Honors Manors Lands Tenements Possessions and Hereditaments heretofore belonging or appertaining to the said Crowns of England Scotland and Ireland or to any or either of them or to the Principalitie of Wales Dutchy of Lancaster or Cornwal or any or either of them And be it declared and Enacted by his Highness the Lord Protector and this present Parliament assembled and the Authority thereof That the said Charls Stuart James Stuart Henry Stuart and all other the Issue and Posterity of the said late King and all and every person and persons pretending or which shall or may at any time hereafter pretend Title or Claim from by or under him or them be and are and shall for ever be absolutely and utterly excluded and debarred from holding or enjoying the Crown of England Scotland and Ireland or any or either of them or any the Dominions or Territories thereunto belonging and from holding or having the Name Title Stile or Dignity of King or Queen of Great Britain King or Queen of England Scotland and Ireland or any or either of them or of any the Dominions thereunto belonging Prince of Wales Duke of Cornwal Prince of Scotland Duke of Albany Duke of Rothesay Duke of York or Duke of Gloucester and from all Title Claim or Right as King or Queen of England Scotland and Ireland or of either or any of them Prince of Wales Duke of Cornwal Duke of Albany Duke of Rothesay Duke of York Duke of Gloucester or Prince of Scotland unto all or any the Honors Manors Lands Tenements Possessions or Hereditaments heretofore at any time belonging or appertaining to the said Crowns of England Scotland and Ireland or any or either of them and also from having exercising or enjoying any Power Authority Government or Magistracy in or over this Commonwealth or any the people thereof And that all such Right Title Claim or pretence of Right Title or Claim which they or any of them at any time heretofore at present or in time to come have doe shall or may make is hereby declared and adjudged and shall for ever hereafter be adjudged and taken to be utterly void and of no effect And be it further enacted by the Authority aforesaid and it is enacted That if any person or persons shall endeavour or attempt by force of armes or otherwise or shall be aiding assisting comforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up of any pretended Right Title or Claim of the said Charls Stuart James Stuart Henry Stuart or of any other the Issue or Posterity of the said late King or of any person or persons claiming under him or them to any the Offices Stile Title Dignity or Authority aforesaid or any of them or shall declare publish or any way promote such pretended Right Title or Claim or shall give or contribute any summe or summes of Money or other aid or assistance to the said Charls Stuart James and Henry any or either of them That then every such offence shall be and is hereby deemed and adjudged high Treason and all and every the Offender and Offenders therein their Counsellors Aiders and Abettors being thereof convicted within three years after such Offence committed shall be deemed and adjudged Traytors and shall suffer and have such pains of Death and forfeitures as in case of high Treason is used and ordained Hen. Scobell Clerk of the Parliament AN ACT For the taking away the Court of Wards and Liveries WHereas the four and twentieth day of February in the year of our Lord one thousand six hundred forty five the Court of Wards and Liveries and all Wardships Liveries Primer-seizins and Oustrelemaines and all other Charges incident or arising for or by reason of Wardships Livery Primer-seizin or
our Country man John Wicklof that famous witnesse of Christ against Antichrist even in the darkest times of Popery And I doubt no but that God who hath lately opened your bowels to so large and eminent a Contribution towards the persecuted Protestants at Piedmont for which many Thanksgivings have been made to God on your behalf will again draw out your hearts upon this like sad occasion to the like bountifull liberality it being our duty to cast our bread upon the waters and to give a portion to six and also to seven not being weary of well-doing because in due time we shall reap if we faint not Considering also how honourable it is to â—ct grace and to lay out our selves upon such occasions we recommmend iâ— again as the work of God accompanied with his own voyce calling aloud upon us to inlarge our selves in this ministration and withall to pour out our hearts in faith and prayer that the Lord would yet please to raise up Sâ—on upon the Ruins of Babylon hastening his work and blessing means to it John Trevor Christopher Pack Will. Purefâ—y Edward Cresseâ— Thomas Viner Joseph Caryl John Owen Will. Jenkyn Philip Nyâ— Will Cooper Edmond Caâ—â—â—y A Breviate of the impeachment of high Treason exhibited by Mr. Attorney Generall against John Hewet Doctor of Divinity consisting of these heads 1. THat to embroyl the Commonwealth in new and intestine troubles and to stir up Sedition and Rebellion within the Nation He together with others Traiterously and Maliciously raised force and levied war against his highnes and the government to subvert and alter the same 2. That he traiterously declared published and promoted Charls Stuart Eldest Son of the late King Charls to be King of England Scotland and Ireland c. 3. That he held correspondence with the said Charls Stuart And declared the same by these open deeds I. By conferring with one Trelawney Jo. Stapely and Henry Mallory how to effect the same II. By appoynting places of meeting to consult for effecting the same III. By encouraging Stapely and Mallory thereunto IV. By delivering Commissions to several persons in the Name of and as from the said Charls Stuart concerning the raising of forces and leavying the power aforesaid against his highnesse and the Government and this contrary to the statute in that case made and provided The substance of Sir Henry Slingsby's speech at Tower-Hill June 8. 1658. THat he stood condemned by the court of justice as contriving and endeavoring to withdraw divers officers of the garison of Kingston upon Hull from their duty and perswading them to a surrendring and yeelding up of that Garison and one that held correspondence with some beyond Sea to that end That it was true he had conference upon that account with the officers of that Garison and that he gave Major Waterhouse a commission signed Charls R. but that it was but an old one that had lain by him though he thought fit to make use of it to the Major Many passages he said there were which he would not insist on That some friends of his had made application to his Highnes for the saving of his life but it seemes it was thought fit not to be granted c. and therefore he submitted and was ready to dye c. He spake but low and very little and kept himselfe in a very even temper both in words and behaviour Then addressing himselfe againe to his friends he called for the executioner who having received his reward by the hand of a friend came to him placed the block in the middle of the Scaffold which Sir Henry beheld with his armes folded and a setled countenance an officer standing by with the Ax. Then the prisoner declaring he had no more to say stripped himselfe Before he put off his band he desired a friend standing by to take off a Ring which hung in his Bandstring 't was in the form and about the breadth of an ordinary seal but instead of a seale engraven it had the Picture of the late King done in little and very exactly When the Gentleman had taken it off he said these words to him Pray give this to Harry His doublet being off he kneel'd down before the block and lifting up his hands as before he again prayed privately to himself but was very short Then rising up and embracing his friends one after another tooke his leave of them all After this kneeling down and placing his neck upon the block the executioner struck off his head at one blow The Head was immediately taken off the Scaffold and put in a black Scarff the Body into the Coffin and the Head with it which being nailed up and covered was conveyed off the Scaffold into a Herse drawn by six horses which stood ready to receive it The sum of Doctor Hewet's Speech on the Scaffold Viz. That he had never been in such a Pulpit as this was and that he came thither within a few minutes to suffer death for the Truth and to bear testimony thereto according to that saying of our blessed Lord and Saviour For this end was I born and for this end came I into the world to bear witnesse to the Truth And that in two respects First as a Clergy-man and secondly as a Member of the community in which he lived As a Clergy-man he blessed God that had called him to the office of the Ministry though unworthy and that he had been baptized into the true faith and doctrine of the Gospel and thereby made a member of the Catholique Church especially of that part of it the Church of England which he looked upon as the purest for sound doctrine and orderly discipline of any in the christian world and disowned all others walking contrary thereunto Here the Reader is to observe that the Doctor was not questioned for any poynt of Faith he held but for being a Traitor and so he dyed not for truth but for Treason In the second place as one of the community or civill state he looked upon himselfe as borne a free Englishman and in that capacity had a right to the Liberties and priviledges of this Land and to the Laws thereof Here he tooke occasion to speake of passages at his tryall before the Court of Justice saying that having been advised by persons learned in the Law and being furnished with some books of Law cases and reports he was thereby instructed to make severall demands in court as that he might be satisfied about the jurisdiction of the court then that he might have counsel allowed afterwards being told in court that they were to try him in matter of fact to which he ought first to plead he in the next place said he desired that the matter might be heard by the Judges and thereupon appealed to them which would not be admitted he being told the court had a full Jurisdiction by Act of Parliament That he had alwayes insisted that he might have a Jury to be
tryed by but that was not granted him but the court being erected according to Act of Parliament they supplyed a Jury These things he insisted on as the Rights and Priviledges of an English man and being denied him he thereupon refused to plead That the President of the Court did indeed read the Clause in the Act which declared That in case he stood mute he must be taken as guilty upon default of answer and that he having made three defaults was at last taken from the bar then when he intended to have pleaded One would wonder such words should proceed from a dying man whereas all persons present and at his tryall do know that the Court had patience with him some hours and in a great deale of tendernesse towards him caused the Clause in the Act which concerns default of answer to be read to him several times and to the very last advised him to plead but he still refused and never uttered so much as one Syllable that he would plead Sr. Hen Slingsby Dr. Hewet Beheded at Tower-Hill June the 8th 1658 Col Ashton Iohn Betteley hanged Drawne quartred Ashton at mark Lane end the other in Cheep side Here I cannot but observe that this dying mans Charity was greater then his memory because what he sayes here clashes with what he said before it appearing by his own very words That if he were a Martyr for the people it was much against his will seeing a little before he tells us he would have pleaded to be Court and so have owned their jurisdiction and that if the owning of them had been to have given up the rights of the people It seems by his owâ— confession â—ere he would have done it in hope to have escaped this kinde of Martyrdome â—s he calls it Then he proceeded to this effect That having declared what passed upon his tryall in Court he would next proceed to cleere himselfe of some imputations laid upon him one whereof was That he was one engaged with those who were said to have designed the firing of the City to this he protested That had he been engaged amongst such persons that should have â—ntended such a horrid busines he would have been the first that should have discovered them Another was That it was reported he should entertain the Duke or Marquis of Ormond and harbored him in his house when lately here in England to which he protested That to his best remembrance he never saw his person A third was that it was reported he should be preaching at St. Gregories one Sunday and that the next after being absent he should be at Brudges in Flanders and there have communication with him whom he called the King and kiss his hand In answer to this he said That for these three yeares past he had not been threescore miles from this City and I am sure said he that Brudges in Flanders is a great deale farther This pains the Doctor might have spared seeing none of the particulars he was pleased to dilate upon were ever charged upon him by any Authority but it is very observable that in all his discourse upon the Scaffold he never made any prâ—â—â—station to declare his innocency concerning the matters charged in Court against him It being a time he thought wherein he might make more bâ—ld to straine his Oratory then his conscience and yet sure that was no time to stand confuting the Tattles of the Town In conclusion he said That having now spoken to the people he would also pray for them and blesse them in the name of the Lord and so kneeling in their view he made a long prayer the three Ministers kneeling behind him which seemed by the contexture of it to have been penned on purpose for the occasion because of the very many passages of the Common Prayer Book that were interwoven in it His prayer consisted of severall parts After which the Executioner asking him if he were ready he answered Yea and his head was severed from his body at one blow and a little rase of the Ax upon a small piece of the skin His head also was put up into a scarf and with his body put up into a coffin which stood ready on the Schaffold A Breviate of the charge of High treason exhibited against Summer and the rest for plotting contriving and endeavouring together with John Hewet late of London Doctor of Divinity deceased Henry Mallery late of London Gentleman Hartgil Baron Francis Mansel and other false Traytors and enemies to his highnesse and this Commonwealth 1. TO levv warre and raise force against his highnesse and the Common-wealth 2. For declaring and promoting Charls Stuart to be King of England For holding intelligence with Charls Stuart And they declared these Treasons by several overt acts I. By appointing several places of Meeting II. By conferring amongst themselves and others their complices how to effect their said Treasons III. By designing to fire the City of London or some part thereof IV. By providing and furnishing themselves with barrels of Powder and other habiliments of War V. By delivering commission in the name of and as from Charls Stuart VI By appoynting several Officers of War And this against the forme of the Statute in that case made and provided London July 17. This morning between nine and ten of the Clock Col. Ashton who was by the Court of Justice sentenced to suffer death as this day was accordingly conveyed in a Sled from Newgate drawn with four horses Dr. Warmistry sitting in the Sled with him to Tower-street over against Marke lane end where a Gibbet was erected being come to the place of Execution and taken off the Sled at his going up the Ladder he desired r. Warmistry to pray with him And just as he was going up the Ladder the doctor used these following words to him Almighty God who is a strong Tower be with thee and make thee know and feele that there is no other name under heaven whereby to attaine everlasting life but by the name of Jesus The blessing of God the Father the Son and the Holy Ghost be with you hence forth and forever Amen When he was upon the Ladder he spake thus Ashton I hope I see my Lord and Saviour Jesus Christ Dr. Warmistry I hope so sayes the Dâ— passe on from the crosse to the Crown Remember who went before you Ashton I am brought here to a shamefull death I am an English man born and as many know a Gentleman born I am brought here by occasion of two fellows that corrupted me namely Topham and Langhorn who were the men that brought me acquainted with one Manley And Manley and the rest told me they would raise a Regiment for me and then I told them I would command it I was drawn into the businesse And now I am brought here for my former sins God hath delivered me severall times from severall judgments he hath visited me at this time because I
slighted and did not follow that Repentance that I promised Therefore I desire all protestants to leave off their sins for Christ his sake and become new men for it is that that brings all men to ruine I beseech God of mercy have mercy upon my soule Lord God I come to thee Lord the Father of heaven have mercy upon me O God the Son Redeemer of the World have mercy upon me O God the Holy Ghost proceeding from the Father and the Son have mercy upon me Remember not my offences but spare me good Lord God I beseech thee spare thy servant whom thou hast redeemed for thy dear Sons sake I have no more to say but desire the prayers of all good people Doctor One word remember that saying of the Psalmist Thou shalt answer for me O Lord Ashton The Executioner asking him if he had any more to say he answered No But concluded thus I commit my spirit into thy hands O God the Lord have mercy upon my soul Which being said the Executioner turned him off the Ladder and afterwards being cut down he ripped up his belâ—y tooke out the bowels and burnt them in a fire ready prepared upon the place Then his head was cut off and his body divided into four Quarters Execution being done upon Colonel Ashton and his Quarters conveyed away in a Basket upon a Cart to Newgate The Sheriffs officers went to the Tower to fetch John Betteley to his Execution who was likewise drawn upon the same sled into Cheapside where formerly the Crosse stood where was likewise a Gibbet crected The manner of the execution of John Betteley in Cheapside Being come to the Gibbet on a Sled with a Minister the Minister read and the people sung with him a Psalm beginning thus O Lord consider my distress c Betteley I trust in him that he will certainly save me Then he went up the Ladder His confession followeth LOrd receive my Soul and be mercifull to me I commit my Soule into Almighty Gods hands for he is my Protector and Redeemer I am not ashamed to live nor afraid to dye for my conversation hath been such in Christ Jesus I hope I shall find mercy As concerning them that are my enemies I pray God forgive them their sins I freely forgive them all that have done me wrong As for the late Plot I was never but once in company with them concerned therein I did know of such a thing but deny that I acted therein Shall I damne my soule at this instant I will speake the truth I doe acknowledge I offended God in it and wronged this Nation in hearing it and not discovering it One Brandon that was one of them drew me into the businesse and his man I carrying worke to him could not refraine his house he so often inticed me thereto and would not let me alone till he had got me into a house where we dranke together I have no more to say as to the plot but desire mercy from God Having thus done the Executioner turned him off and the rest of the Sentence was executed upon him as before upon Col. Ashton and his Head and Quarters were conveyed also to Newgate As for the third man Fryer who was to have been executed this day in Smithfield he was drawn on a Sled also from the Tower in the afternoone to Smithfield where after he had performed his Devotions being upon the ladder and the Executioner ready to turn him off a Reprieve came and he was carried back againe to the Tower by the Officers in a Coach Articles of surrender of Dunkerke June 20. 1658. 1. That the Town should be yeelded up with all their great guns their stores of victual Magazins of arms and ammunition without any imbesilment 2. That all Officers and Soldiers should have liberty to march out with their Arms Drums beating Colours flying two pieces of Ordnance and their baggage 3. That they should have the liberty to march with a convoy to conduct them to St. Omers 4. That the inhabitants should remain indemnified in their persons goods enjoying their former custome priviledges for 2 years not be molested touching the exercise of their Religion Hereubon they accordingly marched out on Tuesday the 25 instant being 1000 horse and foot and 700 more that were wounded men and at the same time the besiegers entred into the Town the King himselfe also in person with the Cardinal and the Lord General Lockhart And his Majesty desirous to give due testimonyes of reall friendship and good correspondence with England put the Town into the possession of my Lord Lockhart on the behalfe of his highnesse the Protector our English being entred in here for that purpose and more we expect for the preserving it in our hands This wilâ— we suppose be acceptable news to the Merchants who have formerly suffered so much by this place the obtaining whereof must be attributed next under God to the prudence of his highnesse and to that happy successe wherewith it pleaseth the most High to follow him in all his enterprizes and Actions whereas on the otherside it is observed that nothing but mischiefe and misfortune hath accompanyed the Spaniard in this Country ever since he gave entertainment to and joyned Interest with that Family which hath a fate entailed upon it sufficient to sinke whole Kingdomes as hitherto it hath done and ruined likewise all its particular followers and partakers Which was also most observable even in the late victory wherein the deadliest storm fell upon the Regiment of Charls and his Brother so that very few or none of them escaped with their lives The French Army is since marched to Bergen but what they have done or will doe there we yet here not The Spaniard left behind in this Town about one hundred and forty great guns all brasse except 7 or 8 An Oath to be administred to the Inhabitants of Dunkirke was passed by the Councill being as followeth vix I. A. B. Do in the presence and by the name of Almighty God promise and sweare that from hence forth I shall beare faith and true Allegiance and shall be true and faithfull unto Oliver now Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging and his Successors as chiefe Magistrate thereof and shall not design Contrive or Attempt any thing against the person or Authority of the Lord Protector or against the safety just defence or necessary preservation of this Town or place of Dunkirk in and for its safety defence and preservation under the Government of the Lord Protector and his successors against all Conspiracies and attempts whatsoever and will doe my best endeavor to make known and disclose unto the Protector and his successors or the Commander in chiefe in this place under his said Highnesse for the time being all Treasons and Traiterous Conspiracies which I shall know or hear of to be against his Person or Authority or against the safety of this Town or place of Dunkirke or for the betraying of it into the hands of any other persons or that tends to the withdrawing of any the persons or people in it from their fidelity to the Lord Protector or to his Government FINIS Oliver Cromwell L. Ptor. of Engd: Scotd: and Ierld: borne at Huntington of the name of Williams of Glamorgan and by K H 8. changed into Cromwell was educated in Cambridge afterward of Lincons Inn at the begining of the Warres Cp of a Troop of Horse raised at his owne charge and by the Parlimt: made ComÌ„ander in cheefe reduced Ierld: and South wales overthrew Dâ— Hambletons Army the Kerkes Army at Dunbar reduced all Scotland defeted ch Stewards Army at Woster he had two Sons Ld Richard Protector in his fathers roome Ld Henery now Ld Debty of Ierld: and 4 Daughters Ly. Bridget first married L: Ierton afterward Lt. C: Fleetâ—â—od Ly: Elizabeth married L: Clapole Ly: Mary married Ld: Vicount Fauconbrige Ly: Francis married the Rt. Hoble. Rob: Rich Granchild to the Hoble. E: of Warwick was declared L Ptr: of End Scd. and Ird. 16 of Decemb: 1653. died 3. Sep 1658. after 14. dayes sicknesse of an agew with great assurance and serenitie of minde peaceabley in his bed Natus 15. Ap 1599. Dunkerke in Flanders surrendred to him 20th of Iune 1658. * It was the first day of the Parliament This Sundercomb had engaged to kill Generall Monk in Scotland and would have engaged the said Mr. Cecil therein also * Hilton deposed fully concerning the Viol case and Trunk of Arms