two wounded and got a French Prize A long Debate in a grand Committee about the equal proportioning of Taxes That Middleton was labouring to get Assistance of the States for the King of Scots and was offered it by them in case a Peace with England did not succeed 20 Advice of the French Pickeroons Design against the English Fleet coming from Newfoundland Of the Highlanders running away from their Officers that one of them Kenmorett marched with a Runlet of strong waters before him which they called Kenmoretts Drum Of Ships daily arriving at the Texel from the Northward That the States resolved upon a new Treaty of Peace with England and appointed Min Heer New-port and Joungstal to be added Commissioners for the Treaty of Peace with their other two Commissioners now in England That the Queen of Sweden shewed extraordinary kindness to the Spanish Ambassadour with her and was held to be a friend to the English 21 Letters that upon the March of the English Party into the Highlands they Retreated into their usual fastnesses amongst inaccessible Hills and Rocks That some Vessels came into Leith Road london with Fish and other Commodities and Provisions 22 Letters that the late Easterly wind for a fortnight together kept the Pickaroones from the English Coast Of the Speaker Frigot and Ten more of the Men of War gone out from the Downs to the Westward 24 Instructions passed for Administration of Justice in Scotland and Officers Letters of Kinninores Insurrection in the High-lands that Argyle advised the Commander of the English Forces not to Advance further against them That Holland resolved to renew the Treaty of Peace with England and in the mean time to prepare for War That the Swedes had given Letters of Marque against the Dutch 25 The House sate in a Grand Committee for the Bill of Union for Scotland with England A Petition from the Common Councel of London against the Lord Mayor Fowke referred to a Committee An Act past for the discovery and prosecution of Thieves and Highway-men The Lords Newport and Youngstal came to London to joyn with the other Two Deputies of the State to Treat with the Parliament for a Peace 26 Order for an Act against solliciting Members of Parliament for any Places and to disable such as shall do it That the Queen of Sweeds Agent came to the House to take his leave and that the Lord Ambassadour Whitlock was ready to go for Sweedland within two or three days Letters that Captain Sparling and another of the Parliaments Frigots had taken a Ship with Twelve hundred thousand pieces of Eight in her she pretended to be an Ostender Divers Seamen Armed and in a Tumultuous manner demanded at the Prize Office their shares of some Prizes taken and were so uncivil with the Commissioners that they were forced to send for Souldiers to appease them one of the Seamen was slain and divers were wounded on both sides Afterwards the Seamen came to Whitehall where they carried themselves more civilly and had good words given and were made sensible of their Errour and promised satisfaction and so they departed quietly 27 The Seamen more in number than before and better Armed came down again Tumultuously to White-Hall but was met with by the General his Life-Guard and soon dispersed Orders for the Reduced Officers in Ireland for their Arrears 28 Letters of Two Prizes brought into Leith Of Two Sea-Rovers put out of France pretending to have Commissions from Prince Rupert in the Name of the King of Scots That Argyle was raising Forces against his Countrymen the Highlanders but was not able to ballance their Power That upon the approach of the Parliaments Forces towards them the Highlanders retreated to their Fastnesses Upon the Tumults of the Seamen the Council published a Proclamation Declaring that Exemplary Justice shall be done upon the chief Authors or Ringleaders in the Mutiny and Sedition some whereof are in Custody and commanding that no Sea-men or others on pain of Death do meet in a Mutinous or Seditious manner and that the accounts shall be Stated and just payment made of all dues unto the Seamen The Parliament passed an additional Article to the Law of War and Ordinances of the Sea for punishing Mutinous Seamen 29 Upon a Report from the Council of State the House conferred several Gratuities to the Widdows and Children of those slain in the late Sea Fight The House approved the number and charge of Ships for this Winter Guard and Ordered Moneys for them The Lord-Ambassador Whitlock received his Commission and instructions for Sweedland from the hand of the Speaker in the House and is suddenly to go for Sweedland 31 Upon the Petition of the Water-men and antient Coach-men in London against the Exorbitancy and Multitudes of Hackney Coach-men Order for an Act for Redress thereof Votes for rewarding the Commissioners for Administration of Justice in Scotland Upon a Report from the Council Order for Dr. Cox to be Master of St. Katherines-Hospital The Spanish Ambassador had audience in the House The Four Dutch Deputies met with the Commissioners of the Council about the Treaty for Peace Two of the Tumultuous Seamen were Condemned at a Council of War one of them was Hanged the other Whipped under the Gallows A Petition of many who suffered by the delay of Justice in granting and allowing Writs of Error after Verdict and Judgment praying Remedy An Act passed for continuing the Powers of Commissioners for Compounding for advance of Moneys and Indempnity Letters of the Queen of Sweeds return to Stock-holm and the Spanish Ambassador Piementel with her November 1653. Nov. 1. The House chose a new Council of State whereof Sixteen of the old Council continued and Fifteen new ones were added Order to consider of the business of the Law upon every Friday Order for a Bill to take away Holy-days and days not Judicial The Commissioners of the Council and the Four Dutch Ambassadors met upon the Treaty Divers called Quakers apprehended in the North. That the business of Transplanting went on difficultly in Ireland 2. The House passed New Instructions for the New Council of State for Six Months The Lord Commissioner Whitlock Ambassador to the Queen of Sweeden set forwards with a Gallant Retinue from London to Gravesend to take Shiping there Letters that Captain Blagg took Prize a Ship of two hundred Tun and another Frigot took a French-Man of twenty Guns That young Trump being seen with Eight Ships off the Lizard The Frigots at Portsmouth being Seven weighed Anchor and put to Sea after him Of two other Prizes brought into Plymouth and the Channel cleared of the Pyrats 3. Of a Fight at Sea on the Spanish Coast by four Dutch Men of War against one Merchant Man who run her self on shore and kept off the Dutch and got off from the shore again Letters that the Commissioners in Ireland had disarmed all the Irish and forbid any of
Wilde are a person thus qualified and very well deserving from the Common-wealth they have thought fit to place you in one of the highest Seats of Judicature and have Ordained you to be Lord Chief Baron of this Court The freedom of this choice without seeking or other means for promotion this publick consent for your preferment cannot but bring much satisfaction to your own conscience and encouragement to your endeavours against all burdens and difficulties which attend so great and weighty and Imployment Custom and the due Solemnity of this work and the honour of that Authority by which we meet requires something to be said upon this occasion and the Commands of my Lords have cast it upon me for which reasons though I acknowledge my unfitness to speak upon this subject yet I presume upon a fair and favourable interpretation I shall borrow a little part of your time in speaking of the antiquity of this Court and of your Office in it and of the dignity and duty of your place For the Antiquity of this Court my Lord Coke in his Fifth Report and 9 Edward 4. fol. 53. and other Books affirm that the four Courts in Westminster-Hall are of great antiquity and that no man can tell which of them is most antient But if you Credit Lambert in his Archeion fol. 28. this Court was erected here by William the Conqueror after the pattern of his Exchequer in Normandy and for proof hereof he cites Gervasius Tilburicusis but under correction I find in this Author a doubt made by himself whether this Court were not in the time of the English Kings and if so it was before W. 1. time Lambert saith in the same place that this Court is of great Antiquity and the orders and customs of it not to be disobeyed Gervase of Tilbury asserts the great Antiquity and Customs of it and if you reckon the antiquity and customs as we must from the time of his Book which was dedicated to Henry the Second and the Author ackowledgeth that he had conference with the Bishop of Winchester who was son to the Conqueror's sister this Court must be before the Conquest or it will hardly deserve the words great antiquity and Customs when Gervase of Tilbury did write being so near the Conquest Lambert who citeth him also observes that the Exchequer in Normandy was the Soveraign Court for administration of Justice and that it differeth not a little from the Exchequer here the less reason under his favour to have been a pattern for it I find in rot Normanniae 2 Johan a Writ Baronibus de Scaccario in Normannia and the word Baron being Saxon not likely to be brought out of France hither and in France this kind of Court in all the Parliaments is called La Chambre des finances as may be seen in Pasquier recherches and Haillan and so it is called in Normandy at this day the alteration being made there by Lewis the 12. and if we credit him that derives the word Scaccarium from the Saxon words Schats for treasure and Zecherie an Office the word is more likely to be fetched out of England into Normandy than the contrary My Lord Coke in his preface to the Third Report citeth Will. de Rovill his Comment upon the Grand Customier of Normandy and it is in the beginning of it that those Customs were taken out of the Laws of England about the time of Edward the Confessor who he saith was harum legum lator And with this agree Seldens Duello fol. 22. Cambden the Book de antiquis Britanniae legibus and others who also hold that before the Conquest we had Escheats tenures reliefes and Sheriffs in England the principal business of this Court The Register the antient Book of our Law hath divers Writs that were in use before the time of W. 1. and many of the most antient of them are directed The saurario Baronibus de Scaccario and the Mirror of Justices which my Lord Coke saith in his preface to the Tenth Report was for the most part written before the Conquest speaks of this Court and of the deux Chivalier qui solient estre appellez Barons in this Book and in the Register and in the black Book here where there is mention of the Exchequer is also mention of the Barons the principal Judges of the Court. But with this matter I have troubled you too long what hath been said upon it was to clear a mistake touching the Antiquity of this Court and for the honour of our Law and of this Court and of your Office in it being so antient as can scarce be parallell'd in any other Nation With the Antiquity of your Office there hath always gone along great dignity and honour Sir Roger Owen in his manuscript discourseth plentifully on this subject and cites Prudentius who calleth Judges the great lights of the Sphere and Symmachus who stiles them the better part of mankind Indeed in all Nations and times great reverence and respect hath been deservedly given to them we find the Judges often named Lords and Barons in our Books of Law and Records as 14 Henry 4. fol. 6. recites that it was determined for Law in temps Monseigneur Robert Thorpe and in the Stat. 21. R. 2. cap. 12. mention is of my Lord Wi. Rickel who was a puisne Judge of the Common-Pleas the like is in many other places of our Year-Books and Records When magna Charta was made it seems that the Barons of the Exchequer and the Kings Justices were held for sufficient Peers of Barons On this occasion we may observe amongst many others in the Lieger-Book of the Abbey of Peterburgh two notable Records of fines levyed the one 29 Henry 2. before divers Bishops and Ranulpho de Glanvill Justiciario domini Regis Richardo Thesaurar W. Maldunt Camerar and divers others coram aliis Baronibus ibi tum praesentibus And another 6 R. 1. before the Archbishop of Canterbury and other Bishops aliis Baronibus as Justices of the Common-Pleas Hoveden P. 702. noteth of the great Chancellor in R. 1. 's time who was Custos Regni in the Kings absence nihil operari voluit in regimine regni nisi per voluntatem consensum sociorum suorum assignatorum per consilium Baronum scaccarii In these and many the like places the word Baron cannot signifie that meaning wherein it was sometimes taken of the Saxon Idiom for a free-holder as Barones London the Freemen of London Barones quinque portuum the Freemen of the Cinque Ports and Court Baron the free-Suitors Court but it must be taken in the places before cited for the name of Dignity and Title in this Kingdom which hath been so antient and was and is of so great honour and esteem amongst us You see what Dignity and Honours and deservedly the custom of this Nation affords unto their Judges Aristotle in his Politicks tells us that the Magistrate is set above the People
Court the Statute of W. 1. c. 29. and the Mirrour of Justices agree in an excellent direction in this point When a good cause is destroyed by misinformations or unlawful subtleties or deceits let the instruments thereof take heed of the wo denounced by the prophet against them that call good evil and evil good that put darkness for light and light for darkness their root shall be rottenness and shall go up as dust Remember that in your Oath for one verb you shall serve you have two adverbs well and truly The duty of Advocates to their Clients are general and particular The general consist in three things Secrecy Diligence and Fidelity 1. For Secrecy Advocates are a kind of Confessors and ought to be such to whom the Client may with confidence lay open his evidences and the naked truth of his case sub Sigillo and he ought not to discover them to his Clients prejudice nor will the Law compel him to it 2. For Diligence much is required in an Advocate in receiving instructions not only by breviats but by looking into the Books themselves in perusing Deeds in drawing Conveyances and Pleas in studying the points in Law and in giving a constant and careful attendance and endeavour in his Clients causes 3. For Fidelity it is accounted vinculum Societatis the name of unfaithfulness is hateful in all and more in Advocates than others whom the Client trusts with his livelyhood without which his life is irkesome and the unfaithfulness or fraud of the one is the ruin of the other Virgil in his fiction of Aeneas going down to Hell sets these in the front of Crimes Hic quibus invisi fratres dum vita manebat Pulsatusve Parens aut fraus innexa clienti Inclusi paenam expectant For your duty to particular Clients you may consider That some are rich yet with such theremust be no endeavour to lengthen causes to continue Fees Some are poor yet their business must not be neglected if their cause be honest they are not the worst Clients though they fill not your purses they will fill the ears of God with prayers for you and he who is the defender of the poor will repay your Charity Some Clients are of mean capacity you must take the more pains to instruct your self to understand their business Some are of quick capacity and confidence yet you must not trust to their information Some are peaceable detain them not but send them home the sooner Some are contentious advise them to reconcilement with their Adversary Amongst your Clients and all others endeavour to gain and preserve that estimation and respect which is due to your degree and to a just honest and discreet person Among your Neighbours in the Country never foment but pacify contentions the French proverb is Bonne terre mavuais chemin Bon Advocat mavuais voicin I hope this will never by any here be turned into English The next and last words which I shall note in your Writ are Servientis ad legem The name Sergeant is antient some would fetch it from the French word Sergent as Pasquier in his Recherches but that word is also Saxon. You are indeed Servientes but it is Ad legem your Fee is honorarium and you are or ought to be Patroni Clientium Viduae Orphano Adjutores The Conservators of the peace as in my Lord Cokes preface to his 10. Rep. were antiently called Servientes pacis and the tenure by Grand Sergeantry is the most honourable Sergeants were also called in Latin Narratores as my Lord Coke and Sir Roger Owen observe And in the Book in the Tower 14 E. 2. f. 89. One prayes that he may have Narratores in placitis ipsum tangentibus notwithstanding the Laws of Wales In the records in the Treasury 25 E. 1. one Thomas Marshall justified the maintenance of a cause for that he was Communis Serviens Narrator coram Justitiariis alibi ubi melius ad hoc conduci poterit and as a Counsellor he advised him They were antiently called likewise Countors as is noted by Sir Roger Owen and my Lord Coke because the Count comprehendeth the Substance of the Original Writ and the foundation of the suit and of that Part as the worthiest they took their name and lost it not in the reign of E. 1. and at this day every Sergeant at his creation doth count in some real Action at the Common-Pleas Bar. In the Statute of W. 1. 3 E. 1. he is called Sergeant Countor and in the Stat. 28 E. 1. c. 11. is this clause Nest my a entender que home ne poet aueer Councildes Countors des Sages gents Chaucer calls them Countors and in the Mirrour of Justices there is a Chapter of Countors the like in the grand Coustumier of Normandy and in the text and gloss of both these Countors are agreed to be Advocates who plead and defend mens causes in Judicial Courts The rest of the words of your Writ prefix a day and command you to prepare your selves to take this state and degree upon you Accordingly some of you have formerly appeared upon your Writs which have been ordered to be filed and your appearances recorded The rest of you have now appeared upon your Writs which have been read and the like order given as for the others and we are ready to admit you to take your Oaths And what honour and advantage hath been gained by any the most eminent of your predecessours in this degree I do heartily wish may be multiplied unto you Mr. Sergeant S t John and to all the rest of these worthy Gentlemen your Brethren 20. Vote for money for the Forces in Carlisle and Northumberland c. Several Officers of the Army presented to the Commons not to the Lords the Large Remonstrance of the Army with a Letter from the General to the House desiring the Renonstrance might have a present reading and the things propounded therein be timely considered and that no failing in Circumstances or expressions may prejudice the reason or Justice of what was tendered The preamble of the Remonstrance shewed the miscarriages of the King and of the Parliament severally and in Treaties between them especially that Treaty wherein they now are That they conceive the Parliament hath abundant cause to lay aside any further proceedings in this Treaty and to return to their votes of non-addresses and to reject the Kings demands for himself and his Party and that he may no more come to Government nor to London That Delinquents be no more bargained with nor partially dealt with Nor protected nor pardonable by any other power only moderated upon submission and among these Offenders they offer 1. That the King be brought to Justice as the Capital cause of all 2. That a day be set for the Prince and Duke of York to come in and if they do not then to be declared Traitors if they do come in to be proceeded against or remitted
Hall and the Drums beat in the Palace-yard after which Proclamation was made to give notice that the Commissioners for Tryal of the King were to sit again to morrow and that all those who had any thing to say against the King might then be heard The House of Commons then sitting Ordered Sergeant Dendy to make the like Proclamation at the Old Exchange and in Cheapside London which was done accordingly Vote that the name of any one particular person should not be inserted as the style of any Common Writ or otherwise for the time to come and referred it to the Committee for setling proceedings in Courts of Justice to consider how the style should be Votes that the present Great Seal shall be broken and a new one forthwith made and in the mean time all proceedings under the present Great Seal to be good till the new one be confirmed That the Armes of England and of Ireland shall be engraven on one side of the new Great Seal with this inscription The Great Seal of England That on the other side of the Seal shall be the Sculpture or Map of the House of Commons sitting with these words engraven on that side In the first year of freedom by Gods blessing restored 1648. This was for the most part the fancy of Mr. Henry Martin a noted Member of the House of Commons more particularly the inscriptions Order for pay of Colonel Whites Regiment The General set forth a proclamation reciting the flocking of Malignants to London as there was ground to believe to raise new troubles and the Order of Parliament impowering him to expel them the City and ten miles distant therefrom which accordingly he enjoyns by this proclamation and that the Delinquents depart within four and twenty hours A Petition to the General and his Council from the Officers and Souldiers in the Isle of Wight c. mentioning the late delusive Treaty with the King and danger of new troubles they declare their conjunction with the Army in their desires in the large Remonstrance and in their present proceedings which they desire may be prosecuted c. The Proclamation was made by Sergeant Dendy whilst the Courts of Justice sate in Westminster-Hall to the no small interruption of them About Eleven a Clock the House of Commons sent for the Mace out of Chancery Sergeant Dendy having that of the House thereupon the Commissioners rose and went home 10. Order for the Sergeant at Armes to take Mr. Pryn into custody for denying their authority The Commissioners for Tryal of the King met and chose Sergeant Bradshaw for their President Mr. Steel to be Attorney General Mr. Coke Sollicitor General and they with Dr. Dorislaus and Mr. Aske to draw up and manage the Charge against the King Mr. Waller moved for a Habeas Corpus for Mr. Pryn a Member of the House lately apprehended as is before mentioned This being a matter of Priviledge of Parliament and Mr. Pryn being committed by order of the Commons the Commissioners thought it fit to advise with that House before they granted the Habeas Corpus The rest of the Commissioners of the Seal desired Whitelock to go presently into the House to know their pleasure in this business which he did and the House not being sate he conferred with the Speaker and divers of the Members about it and told them that by the Law a Habeas Corpus could not be denyed They commended the Commissioners respect to the House and agreed that a Habeas Corpus could not be denyed So Whitelock returned to the Court and they thought fit to grant the Habeas Corpus In the evening one of the Sergeants men brought Whitelock an Order of the House requiring Sir Thomas Widdrington and him by name to attend the Committee to morrow about setling the course of Justice 11. Debate touching the Navy Report of the Sergeants men who served Mr. Pryn with the Warrant of the House to take him into custody that Mr. Pryn answered him that as he was coming to the House to perform his duty there for the County for which he was elected he was apprehended by Sir Hardress Waller and Colonel Pride and secured as a Prisoner ever since that being not discharged of the said imprisonment he could not submit to that order which the Sergeants man had for any other restraint to be laid upon him and therefore he refused to obey the same The House Ordered the answer to be read of the General Council of the Army concerning the Secluded and secured Members the substance whereof they approved and appointed a Committee to consider what was fit further to be done thereupon and set a day to consider of the particular case of Mr. Pryn. A visit to the Lord Chief Justice Rolles a wise and Learned man He seemed much to scruple the casting off of the Lords House and was troubled at it Yet he greatly incouraged to attend the House of Commons notwithstanding the present Force upon them which could not dispense with their attendance and performance of their duty who had no Force upon them in particular The Committee for proceedings in Courts of Justice had a great debate what style shall be used in Commissions and Writs instead of the wonted style Carolus Dei gratia c. 12. Petition of the Trustees and others for the Sale of Bishops-lands that that business might he confirmed by Patent under the Great Seal of England Order for the Sollicitor General to draw up a Patent to pass the Seal accordingly The Commissioners for Tryal of the King being to sit in the Afternoon the House adjourned the earlier 13. Ordinances past for regulating the affairs of the Navy Reference to the Committee of the Navy to conferr with the Lord Admiral about sending some Ships to Goree in Holland and North-ward and if he were not in Town that then the Committee should do it of themselves and all Officers and Mariners were required to obey their Orders Order for Sir George Ascue to be desired to go with Captain Moulton in this expedition and several other Orders made concerning the Fleet. Two Petitions from the Inhabitants of Devon and Exon Gentlemen and Ministers c. desiring Justice upon the principal causers of the first and second War and a firm Peace The General Council of Officers concluded upon the agreement of the People and added some Trustees to the Lord Grey Sir Jo. Danvers c. for making the divisions for elections in the several Counties The High Court of Justice sate for Tryal of the King their whole time was spent about setling the Court and calling over their Members and to summon those who being named Commissioners did not appear amongst whom Colonel Rowland Wilson a person of great worth and integrity refused to act as a Commissioner though named in this business or to sit with them They agreed that
the place for Tryal of the King should be Westminster-Hall and that in order thereunto the King should be brought from Windsor to London The Commissioners of the Seals heard some Cause in the Queens Court some told 'em for News that new Commissioners of the Great Seal were to be appointed Sergeant Bradshaw Sergeant Thorpe Sergeant Nicholas this was supposed to be discourse only as some would have it 14. The Lords day in the Evening a visit to Mr. Speaker who seemed much unsatisfied with the proceedings of the Army especially with an apprehension that they design to put him out of his place and to claim all by conquest The times were indeed full of dread and danger and of trouble and change which caused many a perplexed thought in sober men who yet put their trust in God and resolved to depend on him and to go on in the way wherein he had set them whilst they were permitted 15. The Declaration passed for revoking the former vote for taking off that of non-addresses to the King and for justifying the present proceedings of Parliament Order for one thousand pound for defraying incident charges for Tryal of the King A Petition from the Common Council of London desiring the House to proceed in the execution of justice against all Capital actors in the War against the Parliament from the highest to the lowest That the Militia Navy and places of power may be in faithful hands for recovery and increase of trade and to endeavour the setling of the Votes that the supreme power is in them upon foundations of righteousness and peace and that they resolve to stand by them They also presented a Narrative of the carriage of the Lord Mayor and some Aldermen denying to concurr with them in this Petition and departing the Court The House approved what the Common Councel had done and gave them thanks and appointed a Committee to consider of their desires The High Court of Justice sate and heard the Charge against the King and appointed a Committee to peruse it and the proofs of the matters of fact and Ordered to move the Parliament to adjourn the Term for fourteen daies in respect to this Tryal A Declaration read at the Council of the Army of the grounds of their present proceedings justifying them and making apologies for themselves that they seek no particular advantage by the agreement of the people by which they have discharged their consciences and their duty to their native Country in their utmost endeavours for a settlement unto a just and publick interest Letters from France of great troubles there and Forces raised by the Queen Regent the Cardinal Mazarine and their Party and Parisiens the Parliament and the Prince of Conde and other grandees of that Party 16. An Act passed for adjourning the Term for fourteen daies Another Act passed for regulating the Clerks Fees of the Navy and Customs and discharging unnecessary ones Now the Commons stil'd what were before Ordinances at this time Acts of Parliament Papers from Scotland not acknowledging the House of Commons a Parliament laid aside and not read Private Letters from Scotland that the Parliament there nemine contradicente did dissent from the proceedings of the Parliament of England 1. In the toleration of Religion in Order to the Covenant 2. In the Tryal of the King 3. In alteration of the form of Government Letters from Pontefract that the Enemy keeps up in hope of relief that Major General Lambert was very active in disbanding the Militia Forces The Commissioners of the Seals heard Demurrers in the Queens Court work men being in Westminster-Hall to make the Chancery and Kings Bench into one Court taking down part of either Court and making Scaffolds 17. Referred to the Committee of Derby House to bring in a list of names of some to be sent Commissioners to the Parliament of Scotland now sitting and to keep a fair correspondence between the two Kingdoms Order for Mr. Kiffin and Mr. Knolles upon the Petition of Ipswich-men to go thither to preach A Petition with large subscriptions from the Isle of Wight Portsmouth Southampton c. representing their grievances and remedies A Committee appointed to consider of this and all other Petitions of this nature and to begin with those of most concernment to the present settlement The High Court of Justice sate and caused the Charge against the King to be abbreviated they Ordered a Sword and Mace to be carried before them The Commissioners of the Seal heard some causes in the Queens Court and an Act of the House of Commons being brought to them for adjourning the Term they were required to issue forth Writs for that purpose They rose and advised together about it the two Lords Commissioners with them refused to joyn in signing a Warrant for those Writs because the Lords House did not concur in this Act. Sir Thomas Widdrington and Whitelock thought fit to acquaint the House herewith and there some moved to send up to the Lords for their concurrence but most of the House opposed it as a waving of their own authority having already without the Lords past an Act for it and so it was laid aside Sir Thomas Widdrington and Whitelock sate in the House till four a Clock and went then to the Earl of Kent and the Lord Grey to acquaint them with what the House had done in this business and advised them to move the Lords House in it themselves which the Earl of Kent did stick at Then Sir Tho. Widdrington and Whitelock went to some of the Judges and advised with them whether the Term might not be adjourned without any Writ and they seemed to be of Opinion that it could not 18. Major General Massey one of the secluded Members made his escape from St. James's where he was Prisoner The Lords sent down an Ordinance which they had past to the House of Commons for their concurrence and it was the same in effect for adjourment of the Term which the Commons had past before But the Commons having before voted That they were the supreme power and that all Committees which before were of Lords and Commons might after that Vote Act though the Lords joyn not they would not own the Lords as formerly by agreeing to this Ordinance Whitelock was in the House at this Debate and excused the two Commoners Commissioners of the Great Seal for their scruple in this business withal expressing their readiness to observe and obey the commands of the House of Commons 19. An Ordinance long debated and at last committed touching Delinquents paying in the remainders of their compositions or else to be sequestred again The place of Lieutenant of the Ordnance was formerly given to Sir Walter Earl now one of the secluded Members it was now snapt at by others and a motion made to give it to another Member but referred to a Committee The High
when he was last here he made the question of their Authority and should have satisfied himself with the Protestation he then made against the legality of this Court and that a King cannot by Tryed by any superiour Jurisdiction on Earth But he said it was not his case alone that he stood for but the freedom of all the People of England for if power without Law may make or alter Law no Subject can be safe for his life or any thing that he calls his own Then he said he would give his reasons why in conscience and the duty he owed to God first and his People next for the preservation of their Lives Liberties and Estates he conceived he could not answer till he were satisfied of the legality of it President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court you appear as a Prisoner before this Court and are not to dispute their Authority but to give a punctual answer to the Charge King Sir by your favour I do not know the forms of Law I do know Law and reason though I am no Lawyer professed but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the whole People of England more than you do and therefore if I should impose a belief upon any without reasons given for it it were unreasonable but I must tell you that reason that I have as thus informed I cannot yield unto it President Sir I must interrupt you you may not be permitted you speak of Law and reason it is fit there should be Law and reason and there is both against you Sir the Vote of the Commons of England in Parliament is the reason of the Kingdom by Law you should have ruled and reigned Sir You are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt and your contempt will be recorded King I do not know how a King can be a Delinquent let me tell you they may put in Demurrers against any proceedings as legal and I demand that and to be heard with my reasons if you deny that you deny reason President Sir you have offered something to the Court I shall speak something to you the sence of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you must not demurr to the jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of the Commons of England and all your predecessours and you are responsible to then K. I deny that show me one Precedent P. Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit yâ—u to do it if you offer it by way of Demurrer to the jurisdiction of the Court they have considered of their jurisdiction and do affirm their own jurisdiction K. I say Sir by your favour that the Commons of England were never a Court of Judicature I would know how they came to be so P. Sir you are not permitted to go on in that speech and these discourses Then the Clerk of the Court read this aloud Charles Stuart King of England you have been accused on the behalf of the People of England of High Treason and other crimes the Court have determined that you ought to answer the same K. I will answer the same so soon as I know by what Authority you do this P. If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again K. I do require that I may give in my reasons why I do not answer and give me time for that P. 'T is not for Prisoners to require K. Prisoners Sir I am not an Ordinary Prisoner P. The Court hath considered of their jurisdiction and they have already affirmed their jurisdiction if you will not answer we shall give order to record your default K. You never heard my reasons yet P. Sir your reasons are not to be heard against the highest jurisdiction K. Shew me what Jurisdiction where reason is not to be heard P. Sir we shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final determination K. Shew me whereever the House of Commons were a Court of Judicature of that kind P. Sergeant take away the Prisoner K. Well Sir remember that the King is not suffered to give in his reasons for the liberty and freedom of all his subjects P. Sir you are not to have liberty to use this language how great a Friend you have been to the Laws and Liberties of the People let all England and the world judge K. Sir under favour it was the liberty freedom and Laws of the Subject that ever I took to defend my self with Arms I never took up Arms against the People but for the Laws P. The command of the Court must be obeyed no answer will be given to the Charge K. Well Sir Then the Officers guarded the King back again to Sir Robert Cotton's House and the Court adjourned The Commissioners met at Mr. Brownes House the Clerk of the Parliament where the Great Seaâ— lay and there Sir Thomas Widdrington and Mr. Whitelock without the two Lords did sign a Warrant for Writs to adjourn the Term the two Lords Commissioners were present though they did not joyn in this yet they did in other business There were strict Guards many Souldiers and a great press of people at the Tryal of the King The House sate only to adjourn Some who sate on the Scaffolds about the Court at the Tryal particularly the Lady Fairfax the Lord Generals Wife did not forbear to exclaim aloud against the proceedings of the High Court and the irreverent usage of the King by his Subjects insomuch that the Court was interrupted and the Souldiers and Officers of the Court had much to do to quiet the Ladies and others 23. Report of an Ordinance that where upon Indictments c. it was formerly said contrary to the peace of our Soveraign Lord the King his Crown and dignity it should now be said against the peace justice and Council of England That Writs out of the Chancery should go in the name of the Chancellour or Keepers of the Seal and in other Courts in the name of the Judges The High Court of Justice sate Mr. Coke Sollicitor General moved That whereas the Prisoner instead of giving answer to the charge against him did still dispute the Authority of the Court that according to Law if a Prisoner shall stand as contumacious in contempt and shall not give an Issuable Plea Guilty or not
Standard others that they saw him in the field in several fights with his Sword drawn The Parliament of Paris proclaimed the Cardinal Mazarine a disturber of the publick peace and Enemy to the King and Kingdom In the evening Whitelock met at Sergeants-Inn with the Committee to receive the Judges answer concerning the alteration in the Style of Writs The Judges answered that because of their Oaths they could not advise in this business being it was an alteration of the Government of the Kingdom but with this answer the Committee went away not well satisfied 26. The Heads of the Charge against the King were published by leave in this form That Charles Stuart being admitted King of England and therein trusted with a limited power to govern by and according to the Laws of the Land and not otherwise and by his trust being obliged as also by his Oath and Office to use the power committed to him for the good and benefit of the people and for the preservation of their Rights and Priviledges Yet nevertheless out of a wicked design to erect and uphold himself in an Vnlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all Redress and remedy of Misgovernment which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National meetings in Council He the said Charles Stuart for accomplishment of his designs and for the protecting of himself and his Adherents in his and their wicked Practices to the same ends hath Traiterously and Maliciously Levyed War against the present Parliament and the People therein represented more particularly Then they named Nottingham Beverly and other places where fights were and go on That he hath caused and procured many Thousands of the Free-People of the Nation to be slain and by Divisions Parties and Insurrections within this Land and by Invasions from Foreign parts indeavoured and procured by him and by many other evil ways and means His giving Commissions to his Son the Prince and other Rebels and Revolters both English and Foreigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked designs and evil practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the personal interest of Will and Power and pretended Prerogative to himself and Family against the publick interest Common Right Liberty Justice and Peace of the Pâ—ople of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Authour and Contriver of the said Vnnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoyls Desolations Dammage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby M r Pierrepoint still kept in his station though dissatisfied with present proceedings So was Sir Thomas Widdrington 27. The High Court of Justice sate in Westminster-Hall the President in his Scarlet Robe and many of the Commissioners in their best habit After the calling of the Court the King came in in his wonted posture with his Hat on as he passed by in the Hall a cry was made justice justice execution execution This was by some Souldiers and others of the Rabble The King desired to be heard the President answered that he must hear the Court and sets forth the intentions of the Court to proceed against the Prisoner and withal offered that the King might speak so it were not matter of debate The King desired that in regard he had something to say for the peace of the Kingdom and Liberty of the Subject before Sentence were given he might be heard before the Lords and Commons in the Painted Chamber Upon this the Court withdrew into the Court of Wards and the King to Sir Robert Cottons house and after about an hours debate they returned again into Westminster-Hall The Court resolved that what the King had tendered tended to delay yet if he would speak any thing for himself in Court before Sentence he might be heard Many of the Commissioners in the debate of it in the Court of Wards were against this resolution and pressed to satisfy the Kings desire and themselves to hear what the King would say to them in the Painted Chamber before Sentence but it was Voted by the major part in the Negative Upon which Colonel Harvey and some others of the Commissioners went away in discontent and never sate with them afterwards this proposal of the Kings being denied by the Commissioners the King thereupon declared himself that he had nothing more to say Then the President made a large Speech of the Kings misgovernment and that by Law Kings were accountable to their People and to the Law which was their Superiour and he instanced in several Kings who had been deposed and imprisoned by their Subjects especially in the Kings native Country where of one hundred and nine Kings most were deposed imprisoned or proceeded against for misgovernment and his own Grand-Mother removed and his Father an infant crowned After this the Clerk was commanded to read the sentence which recited the Charge and the Several Crimes of which he had been found Guilty For all which Treasons and Crimes the Court did adjudge That he the said Charles Stuart as a Tyrant Traitor Murderer and publick enemy shall be put to death by the Severing of his head from his body The King then desired to be heard but it would not be permitted being after Sentence and as he returned through the Hall there was another cry for justice and execution Here we may take notice of the abject baseness of some vulgar spirits who seeing their King in that condition endeavoured in their small capacity further to promote his misery that they might a little curry favour with the present powers and pick thanks of their then Superiours Some of the very same persons were afterwards as clamorous for Justice against those that were the Kings Judges The Act passed for altering the forms of Writs and other proceedings in Courts of Justice which were before in the name of the King and no Concurrence of the Lords was desired A Committee appointed to draw a Proclamation to declare it High Treason for any to Proclaim any King of England without assent of the Parliament and none to preach or speak any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament under pain of imprisonment and such other punishments as shall be thought fit to be inflicted on them
others with him in a Boat and boarded a Ship in the Harbour wherein were 1200 Bushels of Wheat and twelve Fat 's of Wine and carryed them and the Ship to Orkeney That the Grandees caused Subscriptions to be taken in the way of Bonds with Conditions to obey the Laws and preserve the Peace c. 30 Debate upon the Petition of the Officers of the Army and Voted that for 14 Days nothing but publick business touching Mony be taken into consideration An Act passed for impowring the Commissioners for Sequestrations to examine upon Oath and to give Acquittances for the Monies they shall receive An Act prohibiting the exportation of Coin and Bullion into forreign parts committed An Act for sale of the Lands of the Lord Deincourt Committed Debate upon the Act against Incest Adultery and Fornication Vote that the Carmen be a distinct Company from the Woodmongers subject to the Government of the City of London May 1650. May 1. From Chester That M. G. Veneables and Sir Charles Coot kept the Field and Sir Charles had reduced many small Forts near Carrickfergus From Dublin That the Irish have got into a great Body near Trym From Exon That most of the late secured Gentlemen of Cornwall upon assurance of their peaceable living at home given under their hands and a negative Ingagement not to act any thing prejudicial to the present Government are permitted to return to their own Houses From Dublin That the Parliaments Forces had taken in the strong Castle of Tully and lost Captain Eriffe and two other Officers That they fell upon Mac Phaileas Quarters killed near 200 lost Cornet Puffey That C. Reynolds with a brave Brigade attends the Enemies motion That the Earl of Castlehaven and Lieutenant General Farrel mustered all their Forces to a great Body That Sir Charles Coot had taken in Eniskellin and some other Forts From Taunton That the Mayor who was formerly for the Parliament now refused to take the Ingagement was turned out by the Corporation and they chose a new Mayor From Berkshire That five Drunkards agreed to drink the Kings Health in their Blood and that each of them should cut off a piece of his Buttock and fry it upon the Gridiron which was done by four of them of whom one did bleed so exceedingly that they were fain to send for a Chirurgeon and so were discovered That the Wife of one of them hearing that her Husband was among them came to the room and taking up a pair of Tongs laid about her and so saved the cutting of her Husbands Flesh 2 From Monmonth of Malignants secured and one of them with a Declaration of M. G. Masseyes in his Pocket and of proclaiming an Act of Parliament at the County Court by order from the Councel of State From Scilly That there are 700 Irish and 1400 English and great store of Provisions that Sir Richard Greenvil is expected with 4000 Men from Cornwall That there was a Plot by the Irish to cut off the English which being discovered one of the Irish Officers was shot to death and three sent to Jersy and English Officers put in the head of the Irish From Dublin of a Meeting of Ormond Castle-Haven the Bishop of Clogher and others where Ormond proposed Whether they could make up an Army fit to Engage with Cromwel If not Whether it were not necessary to draw all their strength into these Quarters and utterly wast them that they might not be able to subsist If they were not able to do that Whether it were not convenient to make Propositions of Peace for the Kingdom If not that then Whether it would not be necessary for every man to make Conditions for himself The conclusion was That they would fall into the Parliaments Quarters and destroy all both Protestants and Papists But this so distasted the Country Gentlemen that they put off the Business till another Councel The Governour of Dublin sent to C. Reynolds and Sir Theophilus Jones who have 3500 men to come to his assistance 3 From Pendennis That divers Vessels of the Dutch were taken by the Irish Men of War and brought into Scilly which the Dutch Agent could not get released and therefore the Dutch had Commissions to take the Irish Ships 4 From Dublin That Ormond and his Councel resolved to fall into the Perliaments Quarters and to burn and spoil what they can but Sir Theophilus Jones and C. Reynolds are upon their March with 2000 Horse and 3000 Foot towards them and that notice hereof was sent to Sir Charles Coot who had taken the Field with 3000 Men. 6 Letters from Edenburgh That C. Stranghans C. Griffeth and part of C. Ker his Forces with two other Troops and 60 Foot fell upon Montrosses party in Rosse routed them and took 500 Prisoners among them Hurrey Napier and Frenerick and slew 300. That Montrosse himself hardly escaped they took his Horse Pistols Belt and Scabbard and have sent a Party to pursue him From Barnstable of Troops Shipped for Ireland 7 Upon a report from the Committee of the Army Voted That two Months pay be provided for the Marching Army Upon consideration of drawing the Forces this Summer as there may be occasion into several Parts of this Nation and that they may have pay wheresoever they come and the Country be secured from Freequarter Voted that there be an Assessement towards the Maintenance of Forces in England and Ireland for 6 Months after the rate of 90000 l. per mensem for the first three Months and 60000 l. per mensem for the last three Months A Declaration passed concerning the Compositions of Delinquents An Act inabling Grantees of Wards Lands to passe their Grants under the great Seal and to enjoy their Grants Order touching the Charges upon Deanes and Chapters Lands for Pious uses A Representation to the Parliament from the Gentlemen Freeholders and Inhabitants of the Durham County of Durham delivered by the Grand Jury at the Assises and sent up by the High Sheriffe to the Parliament to this Effect 1. That the Courts of Justice amongst them being suspended and removed to Westminster they cannot sue for any small Debt or summe but the Cost exceeded the Debt and Suits are multiplyed to 600 Writs in one Term and Fines and Recoveries of their Estates are unperfected That such an Establishment may be had of Courts of Justice as the Parliament shall think fit 2. That the Colledge and Houses of the Dean and Chapter being now empty and in decay may be imployed for erecting a Colledge School or Academy for the benefit of the Northern Countries which are so far from the Vniversities 3. That part of the Lands of the Dean and Chapter near the City may be set out to Trustees for pious uses Referred to a Committee to state this business and report their Opinions touching the Desires of the County Upon a Letter from the Aldermen and Common Councel of Bridgewater of their
That the Tories doe much mischief To prevent which and other inconveniences the Parliaments Commissioners in Ireland published a Declaration excepting severall places from the protection of the Parliament from which all friends to the Parliament are to remove their Persons Families and Goods and those that remain in those places shall be taken as Enemies slain and destroyed And all Intelligence forbid with them and that those who shall remove from those places shall have other Wast-lands assigned them and places for their habitations 23. Dr. Walker and Dr. Turner added to the Committee for regulating the Law Order for an Act for Confiscation of the Estates of several persons in Scotland and for pardoning of the rest An additionall Act passed for Sale of the remainder of Fee-farm Rents Referred to the Councel of State to nominate Persons for Administration of Justice in Scotland Order for an Act to prevent the Mischiefs and Robberies upon the Borders and for settling of the Fishing upon Tweed Report from the Committee for regulating the Law of an Act for Marriages to be made before Justices of the Peace That Committee presented to the Committee of Parliament to be reported to the house the draughts of Several Acts viz. For taking away Fines upon Bills Declarations and Original writs Against Customary Oaths of Fealty and Homage to Lords of Mannors For taking away common Recoveries and the unnecessary charge of Fines and to pass and charge Lands intailed as Lands in Fee-Simple For ascertaining arbitrary Fines upon discent and alienation of Copy-holds of Inheritance For the more speedy recovery of Rents Touching Pleaders and their Fees For the more Speedy regulating and easie discovery of debts and damages not exceeding 4 l. and under 24. Letters That the new chosen Magistrates of Edenburgh had Subscribed their Assents to the Union with England and taken the same Oath that the Mayors of Cities and Towns in England do take and that other Burghs in Scotland sue for Licence upon the same terms to chose new Magistrates That in many parts of Zealand the people are so mad against England that it is dangerous for an English man to be among them but in other places they are in a better temper 26. Letters That Captain Pen came to Pendennis with his Squadron and 5 Prizes which they had taken in the Streights That Prince Rupert with 3 or 4 Ships was upon the Coast of Barbary but his Ships so much eaten out with Arckes that they were not able to keep the Sea Of Recruits Shipped for Ireland 27. Letters That Major Salloway was returned from meeting with the Marquess of Argyle which was with much seeming Love and Kindness None were present at the Treaty but the Marquess and one of his Kinsmen and Major Salloway and Major-General Dean That 40 Sail of Ships were come into Lieth Harbour with Provision and Merchandise from England so that the Deputy-Governour published a Proclamation That no Ship or Vessel should have any Fire or Candle in them but at a certain time of the day That one English Frigot went up to 3 Dutch-men of War who refused to strike Sail to her and with a Broad-side of above 20 Guns perswaded them all to strike to the English Frigot 29. Letters That there is no doubt of a fair Compliance by the Marquess of Argyle with the Commissioners He insists upon Protection and Freedom for himself and his Tenants and their Estates and payment of the Debts owing to him from the Parliament of England Proposals were tendred to the Committee for propagating the Gospel for Supply of all Parishes with Able and Godly Ministers for settling of right Constituted Churches c. An account of the Forces come away from Jersey and of Recruits for Ireland Shipped That the States of Holland sent an express for all the Captains of their Men of War forthwith to go down to their Ships and to stay all Shipping going for England which Imbargoe raiseth thoughts that they intend a War against England 30. Reports to the Parliament from the Commissioners for Scotland of the Form of consent of the Deputies of the Shires and Boroughs of Scotland to the Vnion with England into one Common-wealth without a King or House of Lords and to live Peaceably in the mean time with submission to the Authority of the Parliament of England With their Petition for New Magistrates to be chosen of such as consent thereunto and that Course may be taken with the Ministers who preach against this Vnion April 1652. 1. Letters of Recruits Shiped for Ireland A Letter Signed by Gerald Fitz-Gerald in behalf of an Assembly of the Irish in the Province of Leinster to the Parliaments Commissioners for Ireland setting forth the Calamities of War and the blessings of Peace and the good inclinations of the Common-wealth of England to give reasonable Conditions to those that shall submit to them He desires a safe Conduct for the Inhabitants of the several Provinces to meet and choose Commissioners to Treat with and Propound such things to Commissioners to be appointed to meet with them as may conduce to the Peace and Settlement of that Kingdom The Commissioners in Ireland published a Declaration in answer to this Letter That they cannot in Duty and Honour own that of Gerald Fitz-Gerald for an Authority but declare That the settlement of the Affairs of Ireland doth of right belong to the Common-wealth of England the consideration whereof is at present before them 2. That in the Settlement thereof the Parliament will make distinction of such Persons as have lived Peaceably or having been misled have since submitted to their Authority and those who have acted or abetted the Murders and Massacres of the Protestants and such as adhered to them the first year of their Rebellion or such as continue in Hostility 3. That to grant safe Conducts to such as are in Hostility against the Parliament to meet and consult together is an Act to which the Commissioners cannot in Prudence consent 4. That for such as are now in Arms and are willing to lay them down and submit to the Parliament upon timely application to the Parliaments Ministers here for particular places and persons such moderate Terms will be consented unto as men in their condition can in reason expect Lieutenant-General Ludlow by advice with the English Commissioners and Field Officers of the Army returned answer to the Earl of Clanrickards Letters That the power of ordering the Affairs of Ireland belonged to the Parliament of England who would not capitulate with those in Arms against them but upon Application of particular Persons such favour would be shewed to them as they should deserve and should be reasonable Anno 1652 The Commissioners from the Rebels presented another Paper to the English Commissioners for a safe Conduct to such as should be appointed Commissioners by the Provinces to attend the Parliament To this the Parliaments Commissioners made