it not for these contempts being convened before the high Commission Court he was fined in a great sum and committed to prison where he lay a long time and being upon a Habeas corpus brought to the Bar the cause of his committment was returned default in his canonical obedience He was first bayled and afterwards delivered upon this reason because breach of canonical obedience is an offence punishable by the ordinary by Ecclesiastical censures and not by the Commissioners Ecclesiastical by Fine and Impriscnment Strowde Hollis Selden and Valentine were brought to the Bar by several Habeas Corpora and the cause of their committment returned one Warrant from the Council and another Warrant from the King for Sedition and Contempts and whether this was a good Return or no was argued One Atkinson sued a servant of the King and the Lord Chamberlain committed him because he did it without his leave and upon his Habeas corpus Atkinson was delivered which the Earl of Montgomery Lord Chamberlain taking ill the same day that Atkinson was delivered he again committed him in contempt of the Court and admiration of all wise men Jones Whitelocke and Croke Hyde denying it gave a Warrant for a new Habeas corpus but before the return of it the Lord Chamberlain upon wiser thoughts discharged Atkinson from prison The King's Attorney Heath a fit Instrument for those times preferred an Information in the Star Chamber against Elliot and the other Parliament men there named setting forth their misdemeanours in the late Parliament and all those proceedings He preferred another Information against Chambers in the Star Chamber setting forth the King 's Gracious Government the great privileges of the Merchants and the small duties they paid then the words spoken by Chambers at the Council Table That Merchants have more incouragement and are less scrued up in Turkey than in England Chambers confest the words but said he spake them of the under officers of the Customes who had much wronged him and not reflecting upon the King or Council or the Government Yet the Court fined him 2000 l. and to make a submission which he refused underwriting that he did abhor and detest it as unjust and false The Fine was Estreated into the Exchequer where he pleaded Magna Charta and other Statutes against the Fine by the King and his Council in the Star Chamber it not being by Legal Judgment of his Peers nor saving his Merchandise But the Barons would not suffer his Plea to be filed Afterwards he brought his Habeas corpus but the Judges remanded him and after 12 years Imprisonment and long waiting for satisfaction for his losses from the long Parliament he at last dyed in want The Judges were somewhat perplexed about the Habeas corpus for the Parliament men and wrote an humble and stout letter to the King that by their oaths they were to bayle the Prisoners but thought fit before they did it or published their opinions therein to inform His Majesty thereof and humbly to advise him as had been done by his Noble progenitors in like case to send a direction to his Justices of his Bench to bayle the prisoners But the Lord Keeper would not acknowledge to Whitelocke who was sent to him from the rest of his Brethren about this business that he had shewed the Judges Letter to the King but dissembled the matter and told him that he and his Brethren must attend the King at Greenwich at a day appointed by him Accordingly the Judges attended the King who was not pleased with their determination but commanded them not to deliver any opinion in this case without consulting with the rest of the Judges who delayed the business and would hear arguments in the case as well as the Judges of the King's Bench had done and so the business was put off till the end of the Term. Then the Court of Kings Bench being ready to deliver their opinions the Prisoners were removed to other prisons and a Letter came to the Judges from the King that this was done because of their insolent carriage at the Bar. And so they did not appear Some Constables and other mean men committed by the Council and bringing their Habeas corpora were removed from Pursevant to Pursevant and could have no benefit of the Law Some advised the King to have no more Parliaments but to abolish them as Lewis the 11 th of France did and a Pamphlet was divulged to this purpose The King took another course to gain Eminent Parliament men that were against him to become of his party and to doe him service He took Sir Thomas Wentworth into favour and his Countryman Sir John Savile and they were made Privy Councellors Sir Dudley Digges was made Master of the Rolls Noy was made the King's Attorney and Littleton his Sollicitor The Judges of the King's Bench were sent for by the Lord Keeper to be in London on Michaelmas day the chief Justice Hyde and Whitelocke were sent for to the King at Hampton Court who advised with them about the Imprisoned Parliament men and both these Judges did what good offices they could to bring on the King to heal these breaches The first day of Michaelmas Term Mr Mason moved for the Prisoners to have the resolution of the Court. All the Judges declared that they were contented the prisoners should be Bayled but that they must also find suerties for their good behaviour Selden prayed that his suerties for his bailment might be taken and the matter of the good behaviour omitted as a distinct thing and all the rest of the prisoners stood to the same that Selden moved but the Court remanded them to the Tower because they would not find suerties for their good Behaviour It was intimated to them from good hands that if they would petition the King they should be discharged and all the trouble ended but they refused to do it and were detained in prison Sir Miles Hobert and some other prisoners moved the King's Bench for some more freedom in their imprisonment but then it could not be obtained In the same Term an Information was exhibited by the King's Attorney against Selden Hollis and Valentine in the King's Bench setting forth the same Matters in effect as were in the Information in the Star-chamber The like was against Sir John Elliot and for the words spoken by him in Parliament That the Council and Judges conspired to trample under their feet the Liberties of the Subject and the Privileges of Parliament This was said to be done by way of Conspiracy by all the Defendants as to their Actions in Parliament and that it was done falso malitiose seditiose to sowe discord between the King and the Great Ones and People And he said it to be Vi armis that they forced the Speaker to keep in his Chair The Defendants pleaded to the Jurisdiction of the Court because the offences
a Pass for himself and his attendants forty Horse but none other to go over with him Report by Lieutenant General Cromwell from the Committee of Estates that according to the Order of the House nineteen of the Committee had subscribed for approving the Kings execution but that two and twenty of the Committee had refused Not but that they confest except one the Commons in Parliament to be the supreme power of the Nation and that they would live and dye with them in what they should do for the future But they could not confirm what they had done in relation to the King and Lords this report was committed Debate about disbanding the Kentish Forces and referred to a Committee to examine the publishing of Papers to Proclaim the Prince to be King The high Court of Justice sate and witnesses proved that the Earl of Cambridge was Prisoner to the Lord Grey before the Articles with Major General Lambert were concluded Letters produced signed with his own hand to Sir Marmaduke Langdale touching the carrying on of the design in England and passages touching his Friends in Colchester Proved also that he was called by the late Kings Writ to sit in Parliament in the Lord Houses by the name of Earl of Cambridge and appeared as Earl of Cambridge and acted as a Peer of England sitting in the Lords House and in divers Committees That as a Peer of England he took the National Covenant and subscribed to it Cambridge in the House of Peers and took the Negative Oath before the Commissioners of the Great Seal as a Peer of England Letters from Scotland that Sir Joseph Douglas was chosen by their Parliament to go to their new Proclaimed King to acquaint him with what the Parliament had done and to desire him to take heed of evil Counsellours That they are putting the Kingdom into a posture of defence Colonels chosen in all the Shires and every fourth man to be arrayed and trained Letters from Pontefract that one Beaumont a Priest was executed for corresponding with the Garrison in Characters and he chose to dye rather than to discover the Characters At the Council of State they were all demanded to subscribe the test appointed by Parliament for approving all that was done concerning the King and Kingship and for taking away the House of Lords and against the Scots invasion c. All the Lords and divers other Members of the Council refused to subscribe this test the General desired to be spared for what was past as to subscribing but he and the rest of the refusers affirmed that for the future if the Parliament thought them worthy to be imployed they would joyn with them and faithfully serve them Many of the Commons refusers to sign it as it then was made divers scruples some to one part of it some to another Whitelock scrupled that part of approving the proceedings of the High Court of Justice because he was not privy to them nor did know what they were in particular nor ever heard any report of them made to the house and not knowing what they were he could not sign that paper to approve of them the like was said by divers others 20. Offer for Merchants approved to send out Ships at their own charge in the next Summers Fleet. Order for three thousand pound for the Maimed Souldiers and for Sale of the Crown Jewels Hangings and goods to raise money for the Navy An Act for the Commons to call Common Councels in London Debate about the Act for Sale of Deans and Chapters Lands 21. Letters directed from the House to the Judges in their Circuits to give order for due payment of the Excise and that all rioters against it be punished Upon a report from the Council of State an Act passed for repealing the Commission to the Earl of Warwick as Lord Admiral and an Act Ordered to be brought in giving power to the Commissioners of the Navy to command the Fleet as the Lord Admiral had done An Act passed for the Company of Weavers in London The Hart Frigat revolted to the Prince the Sea-men set the Captain on shore the Prince was courted at the Hague as King but not by the States publickly The High Court of Justice sate and their order was read to the Lord Capel that they would hear what he could say this day and then proceed to judgement He said he was to be comprehended wholly in the Martial Law and urged the Articles again which excepted Tryal after by Parliament that divers that were in Colchester in his condition had compounded That breaking Prison for Treason by Common Law was but felony and benefit of Clergy might be had at last when he could not get the resolution of the Court to be referred to a Tryal by Martial Law He moved that he might not be barred of additional defence and that if he must be judged by the Common Law he hoped he might have the full benefit of it He urged for it the late Act which saith though King and Lords be laid aside yet the fundamental Laws shall be in Force He recommended to the Court Magna Charta and the Petition of Right and prest the consideration of the Act made in favour of those who assisted K. Hen. 7. and the exception in the Acts touching the Lord Strafford and Canterbury that they should not be drawn in precedent He desired to see his Jury and that they might see him and to be tryed by his Peers and said he believed that a precedent could not be given of a subject tryed for his life but either by Bill in Parliament or by a Jury Witnesses were heard against the Earl of Cambridge 22. Debate about the business of the Navy and to incourage the Sea-men Order that the Councel of State take care for preserving the Library Medals and Statues at St. James's An expedient assented unto for the Members of the Council of State that they should subscribe the test to approve of what shall be done by the Commons in Parliament the supreme Authority of this Nation but nothing of confirming what was past Referred to the Council of State to take care for the preserving of Timber for the Navy The Earl of Cambridge brought before the High Court produced his witnesses some of whom were disallowed being Officers under him and so Participes Criminis He pleaded that he had not broken the Negative Oath for he had not ingaged against the Parliament but for the ends in the Scots Declaration His Council moved that they might with the Council of the Common-Wealth state the case of the Earl but this was denyed being in case of Treason and that the Earl's Council could only declare their opinions in point of Law Upon the Earl's desire he had further time granted him The Council of the Army Ordered some to prepare a draught of such things as might be presented by them to the
against Supply without redress of Grievances this Parliament by Commission was dissolved The King followed his design of the War and to put the Fleet to Sea and made a League with the Vnited Provinces against the Emperor and King of Spain Then issues a Proclamation to Recall Recusants Children from Beyond Sea and against Popish Priests and to command all English in the Service of the Emperor King of Spain and Archdutchess to return to England The King sends out his Letters to the Lord-Lieutenants of Counties touching a general Loan of Money to him and Warrants are issued forth to disarm Recusants The Fleet being ready with ten Regiments the Lord Wimbleton was made Commander in chief great muttering was that this design was not known to the Council but to the Duke onely and that he went not in Person The English and Dutch Ships designed to block up Dunkirk were dispersed by storm and 22 Dunkirk Men of War with Land-Forces gave an Alarum to England and Ireland The Fleet came together again and neglected or preposterously attempted a great Booty of Spanish Ships in Cadiz Bay then the Army landed and took a Fort but the English finding store of Spanish Wines abused themselves and hazarded the ruine of all They were again Shipt and the General put to Sea to wait for the Plate Fleet but the ill condition of his men by a general Contagion enforced his return home without any honourable performance which caused great clamor but where the fault lay hath not yet been determined nor any punisht for it The General was accused by some of his Colonels and Seamen and examined before the Council he laid the blame on some who did not fight the Spanish Ships as he ordered them they denied that they had Orders to fight This fending and proving little salved the Honour of the Nation All Trade with Spain is prohibited upon Confiscation all the Trained Bands are Exercised The Plague still raged in London so that in one week there dyed 5000 persons it was also spread in many places in the Countrey In some Families both Master and Mistriss Children and Servants were all swept away For fear of Infection many persons who were to pay money did first put it into a Tub of Water and then it was taken forth by the Party that was to receive it When the Plague was somewhat assuaged and there dyed in London but 2500 in a week it fell to Judge Whitlock's turn to go to Westminster-Hall to adjourn Michaelmas Term from thence to Reading and accordingly he went from his house in Buckinghamshire to Horton near Colebrooke and the next morning early to High-Park Corner where he and his Retinue dined on the ground with such meat and drink as they brought in the Coach with them and afterwards he drove fast through the Streets which were empty of People and overgrown with Grass to Westminster-Hall where the Officers were ready and the Judge and his company went strait to the Kings-Bench adjourned the Court returned to his Coach and drave away presently out of Town Sir Edward Coke and other Gentlemen who had appeared the last Parliament against the Duke were made Sheriffs and so could not be chosen Parliament-men Coke excepted against several parts of the Sheriffs Oath and by advice of all the Judges one of his Objections was allowed to wit the Clause To destroy Lollards which by Order of the King and Council was left out of the Oath and so continues The carriage of the Bishop of Lincoln towards the Duke at the Parliament at Oxford was remembred and he was sequestred from the King's Presence and from the Council and from the Custody of the Seal which was given to Sir Thomas Coventry and he was sworn a Privy Councellor and Lord Keeper The King finding the discontents of his Subjects increased thought fit to call another Parliament and first Commands are given to the Bishops to proceed against the Papists by Excommunication and a Proclamation confines them The King determines to leave Mountague to the Parliament to the great regret of Bishop Laud. The Coronation of the King is appointed on Christmas-day and Commissioners made to receive and determine Claims concerning Services to be then done Knights of the Bath are to be made and a Proclamation issues for all that had 40 l. per annum to come in and receive the Order of Knighthood A Day of Thanksgiving was kept for the ceasing of the Plague In London and the Out-Parishes this year dyed 54265 persons whereof of the Plague 35417. The King's Coronation was performed with the usual Ceremonies and Solemnities by Bishop Laud onely the King's Robe was White Sattin because as some say Purple could not be then had The Bishop of Lincoln having received no Writ of Summons to this Parliament desired the King that he might make his Proxy and besought him to mitigate the Duke's causeless anger towards him The Parliament being met the Lord Keeper made a Speech to them Of the Benefit and Constitution of Parliaments and the King's love of them and his striving whether he should be major or melior a greater King or a better man and that the causes of calling them were to make good Laws and to execute Justice Then the King approved of the Speaker who made an Harangue suitable to the Times Extolling the King and praising Monarchy Parliaments Bishops Lords Commons Laws Judges and all that were in place and inveighing against Popery and the King of Spain And concluded with the usual Prayer That his Majesty would allow the Priviledge of Parliament Freedom of Debate and Access to his Royal Person The Commons began to fall upon the Publick Grievances the Miscarriage of the late Voyage to Cadiz the mis-imployment of the Kings Revenue Evil Councels Favouring of Papists The Loans Taxes and many other which they referred to Committees They likewise Exhibited Articles against Mountague The Privy Councel required the Bishop of Durham to Apprehend such of his Majesties Subjects as should be present at Mass and to Commit them to Prison and the Kings Attourney sent Letters to the Judges to direct their strict proceedings against Recusants in their Circuits The Commons questioned the Seising of the Ship The Peter of New Haven by Sir James Bag upon which our Merchants Ships and Goods were seised in France The Duke said he would justifie it by the Kings Order The Council of War for the business of the Pallatinate were called into the House of Commons but made no clear Answer The King by Message and the Lords press the Commons for Supplies They proceed as to the Grievances by the method of Evils and Remedies and Resolved 1. That the Diminution of the Kingdom in strength and honour is an Evil which we suffer under 2. The Increase and countenancing of Papists 3. The not Guarding of the Narrow Seas 4. Pluralities of Offices in one hand 5. Sales of Honours and
greatly mistaken especially in their Censures not so proper for Historians nor becoming the Authors towards so knowing and active Princes Councils and Commanders as they are pleased frequently to judge and to condemn that they are not to be relyed on for they are much different from the truth of the proceedings of those honourable Actors in that War The Marquess of Hambleton sent Rea to the King of Sweden to offer his Assistance and that he would bring over Forces to him but some suspected the Marquess to have a deeper design under this pretence to begin to raise Forces to back his intended purpose of making himself King of Scotland But the Marquess being full of subtilty and in great favour with the King he wiped off all suspicion of himself goes on with raising of his Army and conducted it into Germany But so little care was taken of provisions and accommodations for his Men that they were brought into a sick and shatter'd condition so that they mouldred away in a short time and the Marquess was forced to return to England without gaining any great Renown by this action wherein he neither did Service to the King of Sweden nor to himself or to the Protestant Cause in Germany The Papists in Ireland grew into a great height Monasteries were there erected Papists frequented their publick Meetings and Masses with as much confidence and as often as the Protestants did their Churches and some of their Priests being apprehended by authority of the Governours were tumultuously rescued by the people of Dublin The Earl of Essex made a second adventure of Marriage with a Daughter of Sir William Pawlet who was of great Beauty but little Fortune some suspicion was raised touching her and a Divorce perswaded but she had at length a Child and the Earl her Husband owned it The Feoffees in trust for the buying in of Impropriations to be bestowed upon preaching Ministers were brought into the Exchequer for the breach of their trust and for bestowing Maintenance upon Nonconformists their Corporation was dissolved and their Money adjudged to the King Huntley before-mentioned being grievously censured in the High Commission Court and by them imprisoned brought his Action of false Imprisonment against the Keeper Mr. Barker and some of the Commissioners by name The Attorney General by the command of the King moved the King's Bench that the Commissioners might be spared and the proceedings to be only against the Gaoler upon much debate it was at last ordered that two of the Commissioners only should answer The Archbishop of Canterbury who did blow the Coal in this business and had ingaged the Commissioners in the Cause being first set on foot by himself in wrong courses did press the King by the Bishop of London to stay the Proceedings against the Commissioners The King sent his Advocate Dr. Rives to the Chief Justice requiring him that there should be no further proceeding in the Cause till he had spoken with him The Chief Justice answered We receive the Message but upon Consultation together the Judges conceived the Message not to stand with their Oaths commanding an indefinite stay of a Cause between Party and Party and might stop the course of Justice so long as the King would And they conceived the Doctor no fit Messenger all Messages from the King to them being usually by the Lord Keeper or the King's Attorney in Causes touching the course of Justice By the Courts desire the Chief Justice acquainted the Lord Keeper herewith and Bishop Laud and they both said the Message was mistaken and that the King intended to be in Town again within seven or eight days and then to speak with the Judges about it This Interpretation qualified the Message and the Lord Keeper feemed to agree that the Commissioners ought not to be exempted from answering but that there should be as much slowness in it as might stand with Justice otherwise the Commissioners would be weary of their places to be put to such trouble and charges Judge Whitelocke insisted on three Points 1. That it was against Law to Exempt or Privilege any man from answering the Action of another that would sue him 2. If the Court should Exempt any where should they begin and where should they end 3. That it stood with the King 's Monarchical Power that it might be lawful for any Subject to Complain before him of any other Subject and to be answered in that Complaint The High Commissinoners not contented with the Judges Answer herein caused the King to assume the Matter to himself who sent for the Judges and in the presence of the Lord Keeper and others Commanded the Judges not to put the Defendants to Answer This was at the Importunity of the Archbishop of Canterbury and the Bishop of London pressed the business violently on the behalf of the Commissioners At last they parted charged with the King 's Express Command that they should not put the Commissioners to answer and the Judges stoutly answered that they could not without breach of their Oaths perform that Command and so they parted in displeasure Afterwards by the King 's special Command this Matter was handled at the Council-table in presence of the Judges and after long debate and hearing of the Bishops of London and Winchester two of the Privy-council and of the Judges and King's Attorney it was agreed that the Commissioners should answer And by the stout carriage and honesty of the Judges this was a good and quiet end of an angry Cause Anno 1631. Anno 1631 Some of the Imprisoned Parliament-men upon their Petition were remov'd from the Prisons wherein they then were to other Prisons to prevent the danger of the Sickness then increasing Sir Miles Hobert put in Sureties for his good behaviour and so was discharged from his Imprisonment Sir John Walter died a grave and learned Judge he fell into the King's displeasure charged by his Majesty for dealing cautelously and not plainly with him in the business concerning the Parliament-men as if he had given his Opinion to the King privately one way and thereby brought him on the Stage and there left him and then was of another Judgment His Opinion was contrary to all the rest of the Judges That a Parliament-man for misdemeanour in the House criminally out of his Office and duty might be only imprisoned and not further proceeded against which seemed very strange to the other Judges because it could not appear whether the Party had committed an Offence unless he might be admitted to his Answer The King discharged him of his Service by Message yet he kept his place of chief Baron and would not leave it but by legal proceeding because his Patent of it was Quam diu se bene gesserit and it must be tryed whether he did bene se gerere or not He never sate in Court after the King forbad him yet held his place till he died The
Judges were sent for to be consulted with touching the Tryal of the Lord Audley who was Indicted for a Rape committed upon his Wife with his assistance by one of his own Servants and for Buggery The Tryal was very solemn before the Lord Keeper made Lord High Steward for that day and eight Judges Assistants and twenty seven Peers the Jury or Judges of the Fact The Matters were of the most horrid and foul wickedness that ever was heard of and therefore I have esteemed it not convenient to preserve the memory of the particulars of such infamous and beastly Abominations By Letters from the Lord Keeper all the Judges of the King's Bench were required to come up to London and the business was for their Advice touching the Conference had in Germany between certain Scots about making of the Marquess Hambleton Head of a Party against the King and his Kingdoms of England and Scotland and what was sit for the King to do thereupon The Lord Rea a Scotch Baron did Impeach Ramsey and Meldram for moving him to this Conspiracy They denied it punctually and no Witness could be produced Ramsey a Souldier offered to clear himself by Combate that he was innocent and the Appellant Rea accepted of the Challenge The King was desirous it should be put upon a Duel and the Judges were consulted with 1. What the Offence was 2. Where the Tryal should be 1. They all with the Lord Keeper were of Opinion That it was an high and horrible Treason if that in the Examinations were true 2. That the Tryal might be by an Appeal of Treason upon which Combate might be joyned but that the King must make a Constable durante bene-placito for the Marshal could not take the Appeal without him and that it must be after the manner of the Civil Law the Judges not to intermeddle Car. 6 The Judges were also of Opinion That this proceeding before the Constable and Marshal was as it was before the Stat. 35 H. 8. c. 2. and that that Statute devised a way how to try foreign Treasons in England but did not take away the other and that the Stat. 1 Mar. cap. 10. did not take it away nor intend it and that a Conviction in this Appeal was no corruption of Blood nor a forfeiture at the Common Law According to the advice of the Judges there was a Court of the Constable and Marshal appointed and the Earl of Lindsey made Constable for that purpose and the proceedings between Rea and Ramsey in that Court were very solemn and multitudes of people attending that Novelty In this Tryal it was delivered for Doctrine That if the Defendant do send a Challenge to the Appellant it is a proof of the Defendant's guilt That no Testimony is to be neglected in matter of Treason And the Story in Livy was cited That it is not base to undergo any Office to save a Nation but that it was unbecoming a gentle-man to fish for Circumstances and then to be an Informer That in France the holding up of the Hand is taking an Oath and in this Case it was urged That if Ramsey be guilty of Treason that Rea is so likewise for that both did speak the words in the Accusation The Business was taken up by the King through the interest of the Marquess Hambleton whose Servant Ramsey was and the Lord Rea returned to his Command under the King of Sweden in Germany Sir Nicholas Hyde chief Justice of the King's Bench died in August this year he was promoted to that place by the Duke of Buckingham and demeaned himself in it with good Integrity and prudence in those difficult times he was somewhat reserved and not affable In Michaelmas Term certain Questions were propounded to the Judges touching the Clergy 1. Whether Clergy-men were bound to find Watch and Ward Day or Night To this the Answer was deferred till the Judges had informed themselves of the practice in the Countries where they went Circuit 2. Whether Clergy-men might be compelled to take Apprentices by the Stat. 43 El. of the Poor On this all agreed that no man was out of the Statute but there was a discretion to be used in the Justices of Peace to consider where it was fit to put the Child to be kept and where it was fitter to take money toward the putting of it out And it was held that the meaning of the Statute was not for the Education of them in Arts but for Charity to keep them and relieve them from turning to Roguery and Idleness so a man's House was as it were an Hospital in that case rather than a Shop of Trade for they might be brought up to Husbandry Cookery Dayery and the like Services in an house This Case I have reported because it sheweth somewhat of the expectation and temper of the Clergy in that time The same likewise appeared by proceedings against some of the University of Oxford for Sermons preached by them against Arminianism and upon other Points of Religion then in Controversie upon which divers of them were censured and some expelled the University Much difference of Opinion was also preached and published touching the Observation of the Lord s-day And in the North they kept their Wakes and Ale-meetings upon the Sabbath-day Whereof complaint being made at the Assizes Judge Richardson was so hardy as to make an Order to suppress them But the Bishops took this as an Intruding upon the Ecclesiastical Power and Bishop Laud complaining of it to the King the Judge was checkt and occasion was taken from hence to republish the former Book for allowance of Pasttimes upon the Lord's-day which was not very pleasing to many who were no Puritans as well as to them generally About this time the Repair of Pauls was set on work chiefly by the Zeal of Bishop Laud and new Images and Ornaments other than formerly were set up to the discontent of many persons The King came himself to this Church and made a kind of Procession to view it and granted a Commission to some Bishops and others to have a Contribution and to see the Work done Some affirm that about Eighty thousand pounds was gathered for it and Sir Paul Pindar is remembred to have laid out Nineteen thousand pounds of his own Money towards it A piece of London Bridge was burnt down The King fell sick of the Small-pox but was well recovered again to the joy of his Subjects Anno 1632. Car. 8 The Chancellor of Poland came Ambassador hither for Assistance against the Turks and got some Money and two thousand Men of our King He was bred up a Lawyer and at length came to be a principal Civil Officer of Justice and was also at the same time a great Commander in the Army In November our Queen was brought to Bed of the Princess Mary Our King sent an Ambassador to the King of Sweden in behalf of the Prince Elector in
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
mightily increased the Scots Successes animated other Subjects to their illegal Pretences and impious Actions and in this time of the King's absence in Scotland the Irish Flames of Rebellion brake forth having been thus kindled The last year the Parliament at Dublin sent a Committee hither with a Remonstrance to the King of their Grievances and Pressures under the Government of the Earl of Strafford whom they had accused of high Treason The King gave them most favourable Answers and Redresses and parted with much of his own to give contentment to his Irish Subjects Mr. Wainsford Deputy there to the Earl of Strafford Lieutenant being dead the King by Commission constituted the Lord Ditton and Sir William Parsons in the Government there but finding Ditton not well liked he made Sir William Parsons and Sir John Borlace generally approved to be the Lords Justices there These applyed themselves to give all satisfaction to the people they abated the Subsidies given in Strafford's time from 40000 l. to 12000 l. Passed an Act of Limitation much desired to settle all Estates for sixty years precedent and another for relinquishing the King's Right found for him by Inquisition to four Counties in Connaght and other Territories He declared the Earl of Leicester Lord Lieutenant of Ireland and the Papists there were permitted a private enjoyment of their Religion and a general good Agreement was had between the English and Irish In this Security the Irish Army was disbanded after which and in the King's absence in Scotland about October 23. there brake forth so horrid black and flagitious a Rebellion in Ireland as cannot be parallell'd in the Stories of any other Nation This was fomented and contrived by their Popish Priests and Lawyers some of their Maxims in Law were That any one being slain in Rebellion though found by Record gave the King no Forfeiture That though many thousands were in Arms and exercising the violences of War yet if they professed not to rise against the King it was no Rebellion That if one were Outlawed for Treason his Heir might reverse the Outlawry and be restored These and the like Tenets they published in their Parliaments and endeavoured a Suspension of Poyning's Act and the Act for annexing that Kingdom to the Crown of England and assumed a power of Judicature in Criminal and Capital Causes to be in their Parliament They took advantage of the Scots Sucesses of their Favourers in England and our Distractions here of the disbanding the Army there and the Death of the Earl of Strafford They raise Forces give out that the Queen was in the head of them and the King was coming with an Army to them and the Scots had made a League with them that they were authorised by the King's Commission and asserted his Cause against the Puritans of England To their Country-men they scatter Advertisements out of England of a Statute there lately made That all Irish shall come to the Protestant Worship on pain of loss of Goods for the first Offence of Lands for the second and of Life for the third Offence They give them hope to recover their Liberties and ancient Customs to shake off the English Yoke to have a King of their own Nation and to possess Goods and Estates of the English These Motives they published in Print That the King and Queen were curbed by the Puritans and their Prerogatives abolished which these as loyal Subjects take to heart and that the Catholick Religion is suppressed in England and the Catholicks there persecuted with all rigour even to death and that the Puritans in Ireland have threatned to doe the same there That in Ireland the Catholicks are made uncapable of any Office to the decay of them in their Estates Education and Learning That the Government of their Country is in the hand of Strangers who come thither poor and mean yet soon rise to wealth and honour by oppressing the Natives That there have been threatnings to send Forces to compel the Consciences of the Irish and to cut their Throats and that the Catholicks are not allowed to have any Arms or Ammunition but the Protestants and Puritans may Vpon all which they saw no way but to attempt to seize upon Arms where they could get them to save their Lives maintain the King and Queen their Religion and Country Upon these pretences and manifest untruths they ground their taking up of Arms. The first suspicion whereof was by Sir William Cole who about Octob. 11. wrote to the Lords Justices of great resort to Sir Phelim Oneale and to the Lord Macquierre and they were exceeding busie about dispatches About October 21. He wrote another Letter to them of what some Irish had revealed to him of a design to seize the Castle of Dublin to murther the Lords Justices and Councel and all the Protestants there and throughout the Kingdom But this Letter came not to their hands When many of the Conspirators were come to Dublin and met there at a Tavern one Owen O Conelly an Irish-man but a true Protestant came to Sir William Parsons about Nine a Clock at Night with a broken relation of a great Conspiracy to seize the Castle the next morning and that Mac Mahon who was one of them had told him so much Parsons seeing Conelly distempered with drink gave the less credit to his relation but wished him to return to Mac Mahon to get out of him what he could further of the Plot and to return to him again that Night Yet he did not so slight the Information but that secretly he ordered strong Guards in several places and assembled the Councel where they expected the return of Conelly who coming to them was seized on by the Guards who had carried him to Prison and so prevented the discovery of the Plot had not a Servant of Sir VVilliam Parsons accidentally come by and rescued Conelly and brought him somewhat recovered of his drinking unto the Lords Justices and Councel who confessed that a few days before upon Letters from Mac Mahon he went to meet him at Connaght but he being gone to Dublin Conelly followed him thither and they two went to the lodging of the Lord Macquierre that by the way Mac Mahon told O Conelly that this Night there would be a great number of Irish Noblemen Papists in Dublin who with himself would take the Castle by Morning then force the City by the Ordnance and destroy all the Protestants and so divers others were ordered in all parts of the Kingdom to seize and destroy all the English at an Hour designed viz. to Morrow by Ten a Clock and that no posting nor speed could prevent it That Conelly moved Mac Mahon to discover it rather to the State to prevent the mischief But he answered He could not help it yet that they owned their allegiance to the King and pay it to him but what they did was against the tyrannical Government over them and
to imitate Scotland who got ther Priviledge by that course And Mac Mahon swore that they would not part but go together to the Castle and if this Matter were discovered some Body should die for it Whereupon Conelly feigned some necessity of easement to go out of the Chamber left his Sword in pawn and Mac Mahon's Man came down with him into the Yard where in a trice he leaped over a Wall and two Pales and so came to the Lord Justice Parsons Examined Octob. 22. 1641. Owen O Conelly Presently upon this the Justices sent and seised Mac Mahon and his man and they before the Councell confessed all the Plot that on that very day all the Forts and Castles in Ireland would be surprised that he and Mac Guire and Hugh Bim Brian O-neale and others 20 out of each County were to surprise Dublin Castle Thatâ— all the Nobility and Gentry Papists were confederates herein and however they used him now in their power his bloud would be revenged Then Mac Guire and others were suddenly seised on and the Town filling with strangers the Councel removed into the Castle upon the Rumor hereof Bim and Moore and others chief of the Conspiratours escaped and divers others who found friends to help them but about fourty of the meaner sort of them were taken The next day the Lords Justices proclamed this discovery and that all good Subjects should betake themselves to their defence and to advertise them of all occurrences and that no levies of men be made for foreign service The same night the Lord Blancy arrived with the news of the Surprisal of his House his Wife and Children by the Rebells This execrable Rebellion began in Vlster and every day and hour ill news came of fearful Massacres upon the English which increased a fear of the like at Dublin by the Papists there The Council seised upon what money they could some Artillery Armes for 10000 men 1500 barrels of powder and match and lead stored by the Earl of Strafford The old Army was but 2297 foot and 943 horse and these dispersed Yet the Council sent to several Garrisons to march to Dublin They dispatched Letters to the King in Scotland and to the Lord Lieutenant in London of the Rebellion and the state of the Kingdom and the small number of their forces they pray supplies and that Conelly the discoverer and messenger may be rewarded All their dispatches were sent by Sea the Rebells having stopped the Land passages The Lords of the English pale repair to the Council offer their faith and service and the Rebels in Vlster by the latter end of October had possest themselves of allmost all that Province Such English as had gotten into any places of strength able to indure a siege yet upon good terms rendring themselves were sure to be murdered in cold bloud men women and children And for the Scots they professed they would and did indeed spare them that they might the more easily swallow them up afterwards Phelim O Neale a man but of mean parts or courage was their General he was of near alliance to the late Earl of Tirone bred in England a Student in Lincolns-Inn and till of late a Protestant lived lazily till now elected by his Countrymen to be their leader He with a numerous Rabble marched to Lisnagamy near the Scots and fell upon them without mercy with other forces he came up into the Pale took in Dondalke then marched to Ardee seven miles from Tredah The news from Dublin was posted to Tredah and there incountred with news of the Treacherous surprisal of divers Castles in the North. The Lord Moore brought some Horse to the Town whither he came to escape the Rebels The Town drew out some old peices scoured and planted them and four out of a Merchants Ship with some powder and Captain Gibson commanded there Sir Faithful Fortescue leaving his charge Some forces sallyed out upon the Rebels and got from them who hastily fled away some plunder and Cows and 80 Prisoners whereof six onely were hanged Many treacherous designs of the Town Papists fayled Sir Henry Tichburne came to be Governor with 100 horse and 1000 foot not without some Jealousie of the Protestants There was dropped in the streets a Declaration of the Catholicks of Ireland framed upon presumption that the design had been effected and to the like purpose as is before remembred The first Letters of the business from the Lords Justices and Council arrived at London the last of October and were delivered that evening Next morning the Lords House sent them down to the House of Commons by the Lord Keeper Lord Privy Seal and 14 other Lords who had chayrs in the House and sate while the Letters were read and then departed The House presently resolved into a Committee and ordered That 50000 l. be forthwith provided The Lords to be moved that Members of both Houses should move the City of London to lend this money That a Committee of both Houses consider of the affairs of Ireland O Conelly to have 500 l. presently and 200 l. per Annum in Land All Papists of quality in England to be secured None but Merchants to pass without Certificate to Ireland To all which the Lords agreed They voted many other particulars in Order to supply for Ireland and a pardon to be offered The Lords Justices and Council in Ireland neglected no means in their power by fortifying Dublin and other Castles and places and making provisions for defence against the Rebels they also granted out Commissions to diverse Noblemen and Gentlemen and some of them Papists whom they in prudence thought not fit yet to suspect though they afterwards joyned in the Rebellion with the rest They also delivered Armes to many of them who imployed them to cut the throats of the English such were the Lord Gormanstone and others and by the midst of November several Counties declared for the Rebels in Leimster and other Provinces the miserable English men women and children whom they took were savagely butchered by them and those who fled from them came to Dublin for Succour where wanting relief they perished so that the publick burying places would not contain their dead bodies The Lord Ormond and several others came with some forces to Dublin The Members of the Irish Parliament were discontented that it had been adjourned for so long a time as next February to please them they were called together for one day to make their Protestation against the Rebellion there was but a thin meeting of them and but a saint Protestation against the Rebels the Popish Members not induring to have it called a Rebellion but traiterous and rebellious actions of some persons against which they protested They sent Commissioners to treat with the Rebels in the North who tore the Order of Parliament and returned a scornfull answer The Lord Ditton and the Lord Taff coming for London were committed and their papers seised and
they afterwards were great with the King Upon receipt of the news of the Rebellion in Ireland the King was much troubled and being at that distance from his Parliament in England he sent expresses to them and referred the whole management of the Irish business to his Parliament at London November 20. the Lords Justices and Council in Ireland sent a more particular account to the Lord Lieutenant here of the Irish affairs he returned answer That he had acquainted the King at Edenburgh with all their dispatches and that His Majesty had referred the Irish business and management of the War there to his Parliament of England Some talked broadly of the Earl of Leicester's retarding so long his Service of Lieutenant of Ireland especially in such a time as then He was now pleased to Commissionate the Earl of Ormond to be his Deputy which was afterwards confirmed by the King but many wondred that the Earl did not go in his own person Some Members of the Parliament in Ireland and most of the Papists even in the Pale and generally in all places took part with the Rebels The Lord Moore stood faithfull to his King and Religion The Rebels to be revenged on him sent about a thousand men to his house three Miles from Tredah the Forces in the house were but twenty four Foot and fifteen Horse besides some few Servants and they had but six Shots of Powder apiece yet when the Rebels assaulted them they killed 140 of them All their Powder being spent and then some of their small number slain they yielded upon quarter yet the Rebels threw them out at the Windows an old Gentleman they ran through the body cut the Throat of an old blind man stripped all the women plundred the house of all the goods and so left it From Dublin they sent six hundred Foot to supply Tredah two thousand of the Rebels waited for them to intercept them and the English in a Fogg came within Musket-shot of them before they were descryed then the Captain Commanded a Counter-march in which the English were forced to take a Ditch which the Enemies thinking to be a flight they shouted and that so amazed and confounded the English that the Rebels charging them slew most of them near Gillingston-Bridge The Lord Ormond's Troop of Fifty Horse made their way through without loss of a man but by this Defeat the Rebels got store of Arms and Moneys and much encouragement The Master of a Chester Bark laden with Arms and Money for Dublin betrayed all to the Rebels who now were set down before Tredah and all the Popish Lords and Gentlemen within the Pale joyned with them About the latter end of November the King returned from Scotland he was sumptuously feasted at London by the Citizens and he banquetted them at Hampton Court and made divers of the Aldermen Knights Decemb. 2. He came to both Houses of Parliament and told them He had made as much haste from Scotland as those Affairs permitted in which he had so good success that he had left that Nation a most peaceable and contented People That he doth not find this Nation so settled as he expected but full of Jealousies and Alarms of Designs and Plots that Guards have been set to defend both Houses That he doubts not of his Subjects Affections to him by his reception at his return and mentions his own Affection to his People and so far from repenting of what he had done for them that he was willing to pass any thing more that might justly be desired for their Liberties and for maintenance of Religion Recommends to them the business of Ireland the preparations for it going on but slowly Then he sets forth a Proclamation For obedience to the Laws concerning Religion and that none introduce any Rite or Ceremonie other than those established by Law At this time this was not held by many to be very seasonable but divers were offended at it He also published a Proclamation for all the Members of Parliament To repair to the Houses by a day And Decem. 14. He again spake to both Houses To quicken them in the business of Ireland expresseth his detestation of all Rebellion particularly of this and offers his pains power and industry to contribute to that necessary work of reducing the Irish to obedience That for the Bill for pressing of Souldiers lodged with the Lords if it came to him he promiseth to pass it And because some had started the Question into a Dispute concerning the bounds of the King's Prerogative herein he offers to avoid such Debate that the Bill shall pass with a Salvo jure both for King and People And concludes conjuring them by all that is or can be dear to them or him to hasten with speed the business of Ireland Upon this the Parliament Petition the King touching the Privilege of Parliament their Birth-right declaring with all duty that the King ought not to take notice of any Matter in agitation and debate in either House but by their information nor ought to propound any Condition or Provision or Limitation to any Bill or Act in debate or preparation or to manifest or declare his Consent or Dissent Approbation or Dislike before it be presented in course nor ought to be displeased with any Debate of Parliament they being Judges of their own Errours and Offences in debating Matters depending That these Privileges have been broken of late in the Speech of his Majesty Decem. 14. particularly in mentioning the Bill of Impress offering also a provisional Clause by a Salvo jure before it was presented and withal they take notice of his Majestie 's Displeasure against such as moved a question concerning the same They desire to know the Names of such Persons as seduced his Majesty to that Item that they may be punished as his Great Council shall advise his Majesty Divers indifferent men wondered both at the King's Speech which gave the cause of Exception and was indeed notoriously against the Course and Privilege of Parliament that his Council should not inform him thereof And they also apprehended this Petition somewhat too rough in the Expressions of it to their King but the general Fate of things drove on this way to increase the Jealousies betwixt King and People and God was pleased so to order it to bring to pass what he had determined The Parliament resolve not to proceed in their Affairs till they had a satisfactory Answer to their Petition and some of them were jealous of too much favour to the Irish Rebellion by some about the King and divers went yet higher The King with some regret withdraws to Hampton Court hoping by his absence to avoid Exceptions but this increaseth discontent in the Parliament who the next day appoint a Committee to follow him thither and now they speak plainly That the whole frame of Government is out of order Among other Grievances Complaint was made by
both for War and Peace the place for Intelligence and Supplies and betake himself to the Countrey where these things were not to be had and by his leaving the Town bring great disadvantages upon himself and his Affairs this was thought not to have been done advisedly But the fears of those with him and his own fears for them occasioned by the Tumults and his hopes that by his absence the heat of the House of Commons might in some measure be cooled were alledged in excuse of this Action The next day the five Members were triumphantly brought from London to Westminster by Water by a great number of Citizens and Sea-men in Boats and Barges with Guns and Flaggs braving as they passed by Whitehall and making large Protestations at Westminster of their adherance to the Parliament At Hampton-Court the King gave the like answer to the Buckinghamshire Petition as he had done before to that of London The Parliament were informed that the Lord Digby and Colonel Lunsford were gathering some Troups of Horse at Kingstone and appeared in Arms there whereupon they order the Sheriffs and Justices of Peace in all Counties to suppress all unlawfull Assemblies with the Trained Bands and to secure the Magazines Colonel Lunsford is apprehended and sent to the Tower and the Lord Digby escaped beyond Sea The Court removing to Royston the Attorney General Herbert is summoned to appear at the Lords Barr to answer concerning the Articles against the five Members but the King by his Letter to the Lord Keeper Littleton took all the matter upon himself and excused his Attorney and concludes that finding cause to desist wholly from proceeding against the persons accused he had commanded his Attorney to proceed no further therein Jan. 20. The King by Message to the Parliament adviseth them to digest into one body all the grievances of the Kingdome and to send them to him promising his favourable assent to those means which should be found most effectual for redress wherein he would not onely equal but exceed the most indulgent Princes The Scots having a fair plantation in Ireland offered to transport thither 2500 Souldiers upon certain Articles which the Parliament accepted and at length the King assented to them Then the Scots Commissioners mediated for a Reconciliation of the differences between the King and Parliament for which the House of Commons returned thanks to them The House of Commons moved the Lords to joyn with them in petitioning the King for the Militia and the Command of the Tower but the Lords not consenting the Commons themselves importune the King to put those Powers into the hands of the Parliament as the onely available means to remove their Fears and Jealousies The King not willing to part with those Powers gave this answer that he thought the Militia to be lawfully subject to no command but his own and therefore would not let it out of his hands that he hath preferred to the Lieutenancy of the Tower a person of known Fortune and unquestionable Reputation and that he would prefer none but such to the Command of his Forts and Castles yet would not intrust the power of conferring those Places and Dignities from himself being derived to him from his Ancestours by the fundamental Laws of the Kingdom The Commons petitioned again for these Powers and were again denied them by the King Divers Petitions accompanied with great numbers of People and more Subscriptions from Suffolk London and one from the City Dames were presented to the Parliament against the Votes of Popish Lords and of Bishops to which answers were given by the Commons that they had endeavoured and still would endeavour with the Lords that redress might be had therein Soon after this the Lords passed the Bill for disabling persons in holy Orders to have any Place or Vote in Parliament or to have any Temporal Jurisdiction The Commons again petition the King for the Militia and to clear the five Members but they perceived by his answer that he was resolved not to part with the Militia out of himself nor otherwise to clear the five Members but inclusively within a general Pardon The King sent for all his Houshold Servants to attend him particularly for the Earls of Essex and Holland but they excused themselves with the necessity of performing their Duties in Parliament upon which Essex was put out of his Place of Chamberlain and the other of the King's Bed-Chamber and became the more provoked The Lord Digby sent Letters from Middleborough to the Queen and to Secretary Nicholas to advise the King to betake himself to some place of Security where he and others might safely resort to him and he doubted not but that he should do him acceptable Service but these Letters being intercepted The Parliament sent to the King that he would desire the Queen not to correspond with Digby nor any others whom his great Council had proclaimed Traytors The Parliament took notice of a Rumour that they intended to accuse the Queen of High Treason which they deny and call a publick Scandal upon them to which the Queen gave a mild answer yet carefull to prevent any danger she obtains leave of the King who also acquaints the Parliament that his Daughter was to go into Holland to her betrothed Husband the young Prince of Orange and that her Mother the Queen desired to goe with her Daughter Accordingly the Queen went with her Daughter into Holland and carried with her all her own and the King's Jewels not leaving behind the Jewels of the Crown that with them and the assistance of the Prince of Orange a sufficient Party might be raised for the King At a Conference with the Lords Pym affirmed that many of the chief Commanders now in the Head of the Rebels and great Papists had been licensed to pass thither by the King after the Lord Lieutenant had put a stop at the Ports against their coming thither The King much distasted at this as intimating his conniving at the Rebellion required the Declaration of the House of Commons for his Vindication but could not obtain it The Parliament were busie in Debates touching the ordering of the Militia for the several Counties in which some declared their Opinions that the Power of the Militia was solely in the King and ought to be left to him and that the Parliament never did nor ought to meddle with the same Others were of Opinion that the King had not this power in him but that it was solely in the Parliament and that if the King refused to order the same according to the advice of the Parliament that then they by the Law might doe it without him and this was moved to be now done by the Parliament the King having denyed their former Petitions for settling of the Militia as they desired Upon this Debate one spake to this effect Mr. Speaker I have often heard
advised him to it are to be suspected as favourers of that bloudy Rebellion as likewise those who perswaded His Majesty to question or contradict their Votes which was a high breach of privilege of Parliament Mar. 16. At Stamford the King proclayms the putting in execution the Laws against Papists and so goes on to York and there Mar. 24. repeats his Grant for passing the Bill of Tonnage and Poundage and commands the payment of it for the future according to the Act. 1 Ja. The Earl of Northumberland Lord Admiral being indisposed the King appoints Sir John Pennington Vice Admiral to take the charge of the Fleet but the Parliament by a Paper inclosed in a Letter to the Lord Keeper Littleton Mar. 28. recommended the Earl of Warwick to the King for that service the first recommendation of theirs for the cheif Sea Commander but he was refused Anno 1642. Car. 18 April 5. The Assizes being at York the Gentry Ministers and Freeholders of that County by an humble and hearty address testify their loyalty to the King and sorrow for the distractions and pray His Majesty to be pleased to declare some expedients which may take away all misunderstandings betwixt him and his great Council The King gives them a gracious answer and wishes them to apply to the Parliament for the good of all The King sends a Message to the Parliament offering his own person to reduce Ireland and his intent to raise his Guards for that purpose desires them to quicken their levies and saith he hath prepared a Bill by his Attorney concerning the Militia for the good of all if received if refused he calls God and the world to judge between them To this they returned no answer Divers Members of Parliament subscribed several sums of money upon the Act of Parliament for reducing of Ireland The County of Bucks advanced 6000 l. towards this service and their money was repaid upon the Bill of 400000 l. to be raised for that service The Parliament apprehending the King's purpose to seise upon the great Magazine at Hull they desire it might be transported from thence to the Tower of London to supply the want of ammunition there from whence Ireland was supplyed and here it would be easier transported to Ireland To which the King returns a quick answer denying their Petition they shortly after send their reasons to the King against his going in person to Ireland and tell him they cannot consent to any levies but such as they shall advise and others they shall interpret to the terror of the people and suppress it and refuse to submit to any Commissioners in the King's absence but to govern by consent of Parliament This was looked upon by many as very strange and high and the King in answer to it says He looks upon them as his great Council with regard but yet upon himself as not deprived of his understanding nor divested of any Right he had before the Parliament did meet That he called them by his Writ and Authority to give him Counsel but did not resign his Interest and Freedome nor will subject himself to their determinations and holds himself free to dissent from them That the Menace rather than Advice in their Petition doth not stagger him The Lords Justices and Council of Ireland hearing of the King's Intention to come thither in person writ a Letter of thanks and incouragement to him to proceed in that his gracious intention but the Parliament being averse thereunto the King declined it The King demands Justice from the House of Lords against several Authors and preachers of Seditious doctrine that the King denying what the Parliament desired they might doe it without him and that humane Laws do not bind the Conscience with much of the like new opinions but nothing was done in it The Parliament had committed the charge of the Town and Magazine of Hull to Sir John Hotham one of their Members who was sent down thither the Parliament purposing to remove the Magazine to London the County of York had petitioned that it might still remain at Hull for securing the Northern parts especially the King residing there The King thought it the best way himself to seise upon the Magazine and taking a Guard of his Servants and some Neighbouring Gentry April 23. He went to Hull but contrary to his expectation he found the Gates shut and the Bridges drawn And from the Walls appeared Sir John Hotham denying entrance to the King which he said he could not admit without breach of his trust to the Parliament The King required him to shew his Order for this from the Parliament He then said that the King had too great a Train and would not admit him entrance though with but 20 horse which so moved the King that he caused Hotham to be there proclaymed Traitor and so returned to York Thence he sends to the Parliament to demand Justice against Hotham and sends to the Magistrates of Hull to admonish them not to adhere to Hotham but to testify their allegiance to their King by delivering the Magazine into his hands Again the King sends to the Parliament for exemplary Justice against Hotham and that immediately the Magazine be delivered up to him and till this be done he will intend no other business for to be in worse condition than the meanest Subject not to injoy his own it is time to examine how he lost them and to try all possible ways by help of God the Law and his good Subjects to recover them God so deal with us as we continue these resolutions To these Messages having no return Scouts are laid to intercept Letters between the House and Hull which they voted a high breach of their Privile e and to defend it with their lives and fortunes they justify Hotham and order that the Shcriffs and Justices of Peace suppresse all forces that shall be raised or gathered together against Hull or to disturbe the peace The King's Bill of the Militia was declined by the Parliament and a new one from themselves presented to the King which he refused and gave his reasons for it They put the power in the persons nominated by them excluding the King in ordering any thing together with them The King offered that in his absence in Ireland it should be so and that for a year but it was not liked Then they pass a Declaration touching Hotham and avow his action and set forth designs against Hull April 28. and send a Committee thither for the better securing of the Town Hotham is authorised by his Warrants to raise the trained Bands in Yorkshire to march with their armes into Hull where he disarmed them and turned them home again The King signifies to the Sheriff that this cannot be done legally and forbids any muster without his command and to suppress those that disobey with the posse Comitatus May 5. The Parliament require all
1100 Prisoners and 3000 Arms. These Prisoners were led in much triumph to Oxford where the King and Lords looked on them and too many smiled at their misery being tied together with cords almost naked beaten and driven along like Dogs Among them was a proper handsome man of a very white Skin where it could be seen for the blood of his wounds he not being able to goe was set naked upon the bare back of an Horse his wounds gaping and his Body smeared with blood yet he sate upright upon the Horse with an undaunted countenance and when near the King a brawling woman cried out to him Ah you traiterly Rogue you are well enough served he with a scornfull look towards her answered you base Whore and instantly dropped off dead from his Horse And the beginning of such cruelty by English men towards their Countreymen was afterwards too too much followed Prince Rupert summons Gloucester which Massey resolves to hold out and the better to strengthen himself deserts Sudeley and other Out-Garrisons The Welsh Army under the Earl of Worcester and the Lord Herbert his Son having beaten Colonel Burroughs his Regiment sit down before Gloucester which they summoned but Massey returned a scornfull Answer Colonel Fines came to him with 200 Horse and Dragoons and not long after Sir William Waller with his Forces The Welsh were routed and the Earl after sive weeks siege without any memorable Action departed The Scots pass over the Tyne with a compleat Army into England to assist the Parliament Their General was Lesley who had been an old Commander in the service of the Swedes where he had great and deserved Reputation He was a person of great worth and honour not so good a Clerk as a Souldier The Pope sent into Ireland to encourage the Rebels there bestows upon them his fatherly Benediction and plenary Absolution The Germans received several defeats from the Swedes in Germany and from the French and this year died the famous Polititian Cardinal Richlieu and not long after him his Master Lewys the XIII King of France died in the midst of his Catalonian Conquests leaving his Son Lewys the XIV under the tuition and government of his Mother the Queen Dowager and of Cardinal Mazarin Richlieu's Successour Anno 1643. Car. 19 The Nineteenth year of King Charles 1643. begins with a Treaty of Peace between Him and the Parliament who had named for their Commissioners two Lords the Earl of Northumberland and the Lord Say and four Commons Mr. Pierpoint Sir William Ermyn Sir John Holland and Mr. Whitelocke The King excepted against the Lord Say as before is mentioned therefore he did not goe but the other 5 Commissioners The Earl of Northumberland carried with him his own Plate and Housholdstuff and Accommodations even to Wine and Provisions which were brought from London to them to Oxford where they lived in as much Height and Nobleness as the Earl of Northumberland used to doe and that is scarce exceeded by any Subject Anno 1643 The King used them with great favour and civility and his General Ruthen and divers of his Lords and Officers came frequently to their Table and they had very friendly discourses and treatments together The King himself did them the honour sometimes to accept of part of their Wine and Provisions which the Earl sent to him when they had any thing extraordinary The Commissioners finding Whitelocke's Pen usefull in the service did put him upon drawing of all their Papers to the King which were transcribed afterwards by their Secretaries Their Instructions were very strict and tied them up to treat with none but the King himself whom they often attended at his Lodgings in Christ-Church and had access at all times when they desired it and were allowed by His Majesty a very free debate with him He had commonly waiting on him when he treated with them Prince Rupert and the Lord Keeper Littleton the Earl of Southampton the Lord Chief Justice Banks and several Lords of his Council who never debated any Matters with them but gave their Opinions to the King in those things which he demanded of them and sometimes would put the King in mind of some particular things but otherwise they did not speak at all In this Treaty the King manifested his great Parts and Abilities strength of Reason and quickness of Apprehension with much patience in hearing what was objected against him wherein he allowed all freedom and would himself sum up the Arguments and give a most clear Judgment upon them His unhappiness was that he had a better Opinion of others Judgments than of his own though they were weaker than his own and of this the Parliament Commissioners had experience to their great trouble They were often waiting on the King and debating some points of the Treaty with him untill Midnight before they could come to a conclusion Upon one of the most material points they pressed His Majesty with their Reasons and best Arguments they could use to grant what they desired The King said he was fully satisfied and promised to give them his Answer in writing according to their desire but because it was then past Midnight and too late to put it into writing he would have it drawn up the next Morning when he commanded them to wait on him again and then he would give them his Answer in writing as it was now agreed upon They went to their lodgings full of Joyfull hopes to receive this Answer the next morning and which being given would have much conduced to a happy issue and success of this Treaty and they had the King's word for it and they waited on him the next morning at the hour appointed But instead of that Answear which they expected and were promised the King gave them a Paper quite contrary to what was concluded the Night before and very much tending to the breach of the Treaty They did humbly expostulate this with His Majesty and pressed him upon his Royal word and the ill Consequences which they feared would follow upon this his new Paper But the King told them he had altered his mind and that this Paper which he now gave them was his Answer which he was now resolved to make upon their last Debate And they could obtain no other from him which occasioned much sadness and trouble to them Some of his own Friends of whom the Commissioners enquired touching this passage informed them that after they were gone from the King and that his Council were also gone away some of his Bed Chamber and they went higher hearing from him what Answer he had promised and doubting that it would tend to such an Issue of the Treaty as they did not wish they being rather for the continuance of the War They never left pressing and perswading of the King till they prevailed with him to change his former Resolutions and to give order for his Answer to be drawn as it was
of Offices and desired the concurrence of the Commons to take away all Countrey Committees An Ordinance sent up to the Lords for an Assesment for the Garrison of Bristol and Glocester Vote for an Ordinance for fifty three thousand pounds per mensem assesment for the Army Debate touching the Confession of Faith An Ordinance past for constituting the three Commissioners of the Seal with a Provisoe that if any of them be chosen a Member of the Parliament he shall leave his place Vote for continuing the Seal-bearer The Ordinance past for sale of Bishops Lands and to secure the two hundred thousand pound to the Scots 14. The House sate in a grand Committee upon the Ordinance against Heresies Report of the Marquess of Ormond That he desired supplys and Moneys for the Forces with him and that he would either come to London or go beyond Sea or serve in Ireland as the Parliament pleased and surrender Dublin c. re-committed to treat further upon the surrender of Dublin and the other Garrisons A Letter from Ormond to the King and another to London laid aside not to be delivered The Ordinance for the Commissioners of the great Seal again presented to the Lords at a conferrence with some alterations as reserving power to make Justices of the Peace to present to Parsonages c. The House sent and seized at the Press the Papers of the Lord Chancellors Speeches then in Printing touching the disposal of the Kings Person and took the Printer and Bookseller into Custody for doing it without licence of the Houses though they had the warrant of the Scots Commissioners for it 15. A Pass from both houses to transport sixteen Naggs beyond Seas A Committee named to bring in an Ordinance for the Indemnity of Officers and Soldiers who have taken necessaries in the time of War and are now prosecuted for it at Law and the Committee to receive Complaints and give relief in the mean time A Letter from the Scots Commissioners desired the enlargement of the Stationer and Printer of their Speeches and the Printer and Stationer submitted referred to a further examination Ordinances sent up to the Lords for ten thousand pound for the poor Widows for four hundred pound for the poor Irish Protestants here for setling the Militia and for the Treaties with Scotland 16. A Committee named to consider of Printing the Septuagint Bible A Conference about the Printing of the Lord Chancellor of Scotland's Speeches An Ordinance sent up to the Lords for transporting of Persons to foreign Plantations The House sate in a grand Committee in the afternoon about the Assesments for the Army 17. Order that the Marquess of Hertford his Lady or others who had seized Money or Writings in Essex House should restore them to the Executors of the Earl viz. the Earl of Northumberland the Earl of Warwick and Mr. Sollicitor St. John A Committee named to whom the probate of this and all other Wills was referred and also a Petition of the Doctors of Civil Law concerning the probate of Wills Order that neither the Marquess of Hartford nor any other who had born Arms against the Parliament should go with the Corps of the Earl of Essex at his Funeral Vote for fifteen thousand pound for the Forces in Ireland and for five thousand pound for the Forces of Major General Pointz Sir Fr. Willoughby one of the Lord Ormonds Commissioners sent back to inform him what the Parliament had done 19. Debate about the Trustees for sale of Bishops Lands Order that all the Members of the House do attend the Funeral of the Earl of Essex and that the House be adjourned for that day as the Lords had done In the afternoon the House sate till six at night upon the Ordinance for sale of Bishops Lands The General with Major General Massey went to the Devizes where a rendezvous was appointed for the disbanding of such of Major General Massey's Forces as would not go for Ireland 20. One Arrested contrary to the Articles of Oxford the Serjeants sent for as Delinquents upon a certificate from Sir Tho. Fairfax Difference about the Commissioners of the Seal The Lords named four more to be added to the three named by the Commons they altered their former Vote for the three Commissioners and ordered an Ordinance to be brought in to establish the former fix Commissioners Members of both Houses Order that Col. Mitton offer resonable conditions to the Garrisons in Wales not yet reduced which if they refuse within twenty days that then they shall not be received to Mercy and referred to a Committee to consider of imploying those Forces for Ireland after the rest of the Garrisons should be reduced and a Letter sent to Col. Mitton to acquaint him with these Votes Votes for Mr. Bish to be Garter King at Arms and Mr. Bish to be Clarentiaux Mr. Riley to be Norwâ—y and a Committee to regulate their Fees Ordinance for sale of Bishops Lands The Money and Writings of the Earl of Essex taken away were restored Captain Betten voted to be Vice-Admiral of the Winter Fleet. Dunkirk was surrendred to the French upon Articles great solemnities of Thanksgiving great Guns and Bonefires for it in France 21. The House sate in a Grand Committee upon the Ordinance for Sale of Bishops Lands A Committee named to consider of regulating the Chancery and to receive complaints touching Fees of that or any other Court of Equity within the Kingdom Referred to the same Committee to consider who are fit to be Justices of the Peace and who not in all Counties The Funeral of the Earl of Essex was solemnized with great State All the Members of both Houses Sir Thomas Fairfax the Civil and Military Officers then in Town and the Forces of the City a very great number of Coaches and Multitudes of people present at it The General had been at the Devizes to disband the Brigade of Major General Massey which was done with little trouble and few of them listed themselves for Ireland From the Disbanding the General hasted up to London and was at the Funeral of the Earl of Essex 23. The old Commissioners of the Seal had been voted to be continued upon the constituting new Commissioners now the old Commissioners were voted down again and an Ordinance past and sent to the Lords to make the two Speakers Commissioners of the Seal till twenty days after this Term. This incertainty and change of Resolution in the House was much discoursed of by some who were not their friends they were reflected upon for it But they excused themselves by reason of the difference in Opinion from them by the Lords and now they began to be more apprehensive than formerly that so great a trust as the Custody of the Seal was most proper and fit to be only in their own Members Order for a Commission to enable the Master of the Rolls and the Judges to hear and determine for the
bayling of Sergeant Glanvile Order of the Lords against Counterfeiting and Clipping the Kings Coin 16. Ordinance Read for making Mr. Bradshaw Chief Justice of Chester Votes for Captains of Ships for the next Summers Guard for Packet Boats for Ireland and Convoys for Merchants Ships Votes That the Houses intend to carry on the War for Ireland with the Forces of England and the Scots Forces there to be called away paying what is due to them and the Scots Commissioners here and the Parliament of Scotland to be acquainted herewith Order to treat with the General and his Field Officers how the Forces designed out of that Army may be disposed of for Ireland and sixty thousand pounds Voted for Pay per Mens of the Forces there and in England 17. A Petition from the Lord Mayor Aldermen and Common-Councel of London Professing their Zeal to the Parliament and to the Covenant and their apprehensions of the advance of the Army not yet Disbanded nearer to the City and of a dangerous Petition now on Foot in the City the Copy whereof they annexed pray that the Army may be removed and Disbanded and the dangerous Petition suppressed and that they may yearly chuse their Militia The House answered them That most of the particulars in their Petition were under consideration and that the House would do what may be most for the ease safety and satisfaction fo the City and Kingdom that the annexed Petition was referred to a Committee and they had thanks for their sincere Affection Divers Governours of Garrisons Voted Fifty pounds a day allowed for the Kings Expences Collonel Jones Ordered by the Committee for Ireland to take Possession of Dublin with two thousand men 18. The Commons again Voted Sir John Brampston Sir Thomas Bedingfield and Mr. Chute to be Commissioners of the Seal The Lords Voted Mr. Bradshaw and Mr. Warburton Mr. Keble and Mr. Littleton Mr. Powell and Mr. Clerke Mr. Lewis and Mr. Elkenhead to be Judges in Wales The House passed several Compositions of Delinquents 19. Report of the Counter-Petition in London and That the Committee had imprisoned one Tewleday an active man for that Petition Many excused him as being as lawful for those of one Judgment as of another to Petition the Parliament but it was carried in the House to approve of his Commitment and Mr. Tewleday was sent for in safe custody Order of both Houses to remove the Kings Children into the Country Orders for new Elections Some disturbance was in the Army about going into Ireland and for Petitioning the Parliament and Offence taken at the Essex Petition which reflected upon them but all was appeased and they promised not to Petition before they had acquainted their General therewith 20. The Ordinance Read for the Assessement of sixty thousand pounds per Mens for the Forces Order for the House to adjourn every Friday till Tuesday after Divers Citizens came to the House to avow the Petition complained of by the City Petition The Commissioners of the Great Seal continued for twenty days longer 22. The Ordinance for sixty thousand pounds per mens referred to a Grand Committee and the same proportions as formerly observed A Petition from the reduced Officers answered with a reproof for their giving directions to the Parliament Upon information of a great Riot in Moorfields and assaulting and Plundering the House of Mr. Hobbard a Justice because he Committed one for Tipling on the Lords day in Sermon time Both Houses past an Order for putting in due Execution the Laws for prevention of Riots and Tumults and for better observation of the Lords day and Fast days The Commons Voted that Mr. Hobbart should have reparation Sir Thomas Fairfax and his Field-Officers met with the Parliaments Commissioners at Saffron Walden about sending Eight thousand Foot and Four thousand Horse into Ireland the Officers as to a personal Engagement to go thither could then make no answer but agreed whether they go in person or not yet they shall endeavour to advance the Service among those under their respective Commands They desired satisfaction in Four Particulars 1. Vnder whose Command in chief they were to go 2. What particular Regiments Troops or Companies were to be continued in England 3. What assurance for Pay and subsistence for those that go to Ireland 4. Satisfaction in point of Arrears and Indemnity for past services A Petition was presented to these Officers from the Army to be by them presented to the General and by him if he thought fit to the Parliament upon these Heads 1. For indemnity for actions as Souldiers 2. For satisfaction of Arrears 3. That neither Horse nor Foot may be Pressed to serve 4. For relief of Widows and Maimed Souldiers 5. For Pay till disbanded 23. Mr. Bolton admitted one of the Assembly Mr. Cooke's Sequestration taken off The Ordinance recommitted for regulating the University of Oxford and the Ministers sent down thither to Preach Ordered to continue there and two hundred pounds allowed to them Order for Collonel Jones going for Dublin to have power of Martial Law A Pass for the Dutch Ambassadour to go to the King Debate upon the Ordinance of the Fleet and for Lambeth Library Votes touching Sequestrations The Parliaments Commissioners agreed with the Marquess of Ormond for the surrender of Dublin and other Forts in Ireland and returned to England with Hostages from the Marquess The Parliament of Scotland answered the English Commissioners That they could not render Belfast in Ireland whilst they had an Army there but upon Paying off their Arrears they will render Belfast and all they have in Possession The Jewel was presented to General Leven from the Parliament of England to whom the General wrote a Letter of thanks The Plague broke out in Edingburgh 24. Votes for Governours of Garrisons Anno 1647 Order of both Houses to free the States Ambassadors from Custom and Excise for things for his own use Orders that no private business be debated for ten days and for re-payment of Money to the Customers and for thanks to their Commissioners in Scotland The Lords gave Reasons to the Commons against the Armys quartering in the Association or near London 25. Votes for Governors of Garrisons Order for the Lord Herbert to have possession of his own Castle A Committee of both Houses to receive some intelligence which the Prince Elector desired to communicate to the Parliament of great concernment to the Protestant Religion Order that the Master and Wardens of the Stationers endeavour to find out the Authors and Printers of a Book called a warning piece c. to suppress it and to seize the Books 26. Order to bayl Mr. Tulida and his business referred to a Committee Votes for Governors of Garrisons Order for Money for Col. Birch who agreed to transport a thousand Foot and two Troops of Horse into Ireland A long report of what is paid and what in Arrears to the Army
the Kings hand for diverting the Ships pretended for the relief of Rochel another for sending Ammunition to York in the beginning of the War the House ordered the Committee to Print such of them as they thought fit Divers Sheriffs passed Order for a Judge to go down upon the Commission of Oyer and Terminer to try the Mutineers in the Isle of Wight Order for a Collection for Bridge-north and no Collection to be but under the Great Seal Letters from the Isle of Wight informed That the King sent for the Governor Col. Hammond and asked him the reason why he had given order for dismissing his Majesties Servants and whether it stood with the Engagement to them who had so freely cast themselves upon him and with his Honour and Honesty That the Governor told the King That his Honour and Honesty were in the first place to them that imployed him and next that he thought the King could not but confess that he had done more as things stood for him than he himself could have expected Then the King asked him whether the Commissioners were privy to this Order He said no the King demanded of him by what Authority he did it he said by Authority of both Houses of Parliament and that he supposed his Majesty was not ignorant of the cause of his doing thus The King professed the contrary and the Governor replyed that he plainly saw his Majesty was acted by other Councels than stood with the good of this Kingdom The Garrison of Hull sent Letters of thanks to the General for continuing Col. Maleverer to be their Governonor 11. Sir Hardress Waller acquainted the House That the General had commanded seven Collonels of them with other Officers of Quality in the name of the Army to make their humble address to the House and they have presented their intentions in writing in that which is called a Declaration which shall either have name or life or be exposed to view according as it shall receive approbation and direction from the House It was to this Effect Reciting the high Violations of the Kingdoms Rights and Liberties and endeavour to swallow them up in the Power and Will of a King the necessity of the Parliaments vindicating the Kingdom and their tenderness towards the Kings person and Rights so as might be consistent with and not destructive to the great and more obliging interest of Religion and the Rights and Liberties and safety of the Kingdom and not otherwise That the Army have declared and endeavoured the same and several addresses have been made to the King for those ends and in the Parliaments last address to him they insisted only upon some few things so essential to the interest of the Kingdom that without betraying the safety of the Kingdom and themselves and all engaged with them and without denying that which God in the issue of this War hath been such a Testimony unto they could not go lower and those things granted they have offered to treat for all the rest That upon the Kings denyal of these things they can see no further Hopes of settlement or Security that way Therefore understanding that upon debate of that denyal added to so many others the House of Commons by several late Votes resolved not to make any further Address or Application to the King nor receive any from him nor to suffer either in others They do freely and unanimously declare for themselves and the Army that they are resolved through the Grace of God firmly to adhere with and stand by the Parliament in the things then Voted and in what shall be further necessary for prosecution thereof and for setling and securing the Parliament and Kingdom without the King and against him or any other that shall hereafter partake with him This Declaration was twice read and the House Voted that they did approve of it and ordered that the thanks of the House be returned to the General and the Army for it A Petition from the Provincal Assembly of London referred to the Committee of Grievances and the Petitioners had thanks An Ordinance read and debated for Collecting twenty thousand pound a month for the Service of Ireland Order for ten pound to bury Captain Harris his Widow 12. The House gave thanks to some Merchants who had procured a Collection of Charity in the United Provinces of thirty one thousand two hundred and eighteen pound for the relief of Ireland Order for raising forty thousand pound forthwith for the Navy and thirty thousand pound more as soon as may be Order about sending some Divines to the Isle of Wight Letters from Vice-Admiral Rainsborough That he had appointed a guard of Ships for the Isle of Wight and for the Irish Coasts Order for five thousand pound for the Lord Brook's Son Both Houses passed an Ordinance for forty thousand pound to be raised out of the Earl of Worcesters Estate for the Service of Ireland Several Compositions passed 13. An Ordinance pass'd for repair of the Church of Taunton A Petition from the East-India Company referred and another from the Levant-Merchants Divers Compositions passed 14. Order that Delinquents be put out of the Line Upon Information of a new design of the Kings Party Orders for re-manding the Earl of Cleaveland to the Tower and for Sir Lewis Dives to be kept in safe Custody and for Mr. Sollicitor to prosecute him and Sir Jo. Stowel and Judge Jenkyns to Tryal the next Term and that the Lord Major and Justices do cause to be prosecuted at this Sessions the late Rioters in Fleet-street Order that the General take course for the safety of the Parliament And that he send some Horse and Foot to be Quartered within the Liberties of Westminster and to prevent inconvenience to the inhabitants That the Foot be Quartered in Whitehall and the Horse be Quartered in the Meuse 15. The Lords agreed to the Votes of the Commons That no more Addresses be made to the King and the Commons agreed with the Lords Preamble to those Votes and that they be Printed and published and that all who shall do contrary to those Votes shall be Sequestred Power to the Militia to imploy persons for the finding out and apprehending Delinquents who stay within the Lines Divers Compositions passed 16. Part of Col. Baxter's Regiment Quartered in White-Hall 17. Debate touching Sequestrations and against the Partiality of Committees Papers from the Scots Commissioners That they were speedily to return to Scotland and their desire of an answer of former Papers and what they shall return to the Parliament of Scotland and about the Arrears due to that Kingdom Orders for Money for Dover-Castle Some Delinquents committed who stayed in London contrary to the Ordinance and Order given by the House to the Regiments at White-Hall and the Meuse to apprehend and bring before a Justice of Peace such Papists and Malignants as they shall find in Town contrary to the Ordinance The House pass'd a
the Princes men to advance to firmer ground in confidence of victory which the Parliaments Horse took advantage of Flanked the Prince his men and were almost in the rear of them The three hundred Musquetiers at the same time charged the Princes men and put them in disorder and the Parliaments men fell to execution about two hundred of the Prince his men were slain on the place and in the pursuit of whom many were of quality one hundred prisoners and three hundred Arms were taken Many of them were wounded and not above one hundred serviceable men thought to return to the Ships some fled to the Castle from whence Forces came out to fetch them in but were beaten back and left Arms behind them Of the Parliaments Forces Colonel Rich's Quarter-Master was slain Major Husbands his Lieutenant wounded three Horse-men and four Foot-men killed Order for a Letter of thanks to Colonel Rich and that Major Husbands who brought the news and lost divers horses in the fight should have one hundred and fifty pounds to buy him more horses and that Colonel Hewson should have one hundred and fifty pound to buy him horses The Grand Committee sat for the Militia in the afternoon 16. The Lords desired the Commons concurrence to these Votes 1. That the Treaty be according to these Votes 2. That the Votes against further addresses to the King be recalled 3. That such persons as his Majesty shall send for in the Treaty be admitted to wait on him and that he be in the same freedome as he was at Hampton-Court 4. That such servants as he shall appoint may wait upon him 5. That the place for the Treaty be in Newport in the Isle of Wight 6. That the Scots be invited to treat upon the propositions presented at Hampton-Court 7. That his Majesty be admitted to invite the Scots to treat upon those propositions 8. That the Instructions to Colonel Hammond be recalled 9. That five Lords and ten Commoners be chosen to treat with the King 10. That it be referred to the Committee of Lords and Commons for peace to prepare all things in readiness for speeding of the Treaty The Commons ordered these Votes to be considered de die in diem till they be finished and nothing to intervene Upon Information that Colonel Martin a Member of the House and Colonel Ayres and M r Walrond were raising of Horse in Berks and took Horses from the inhabitants against their wills and had no authority from the Parliament for it The House ordered Colonel Martin to attend them and Colonel Ayres and M r Walrond to be sent for in safe custody for this action The Committee of Estates of Scotland sent a Letter to the Prince wherein next to his Fathers restraint they bewail his Highness long absence from that Kingdom his right by descent and now that their Forces are again in England they humbly beg his Highness's presence to countenance their endeavours for religion and his Fathers reestablishment And if he will intrust his person among them they ingage the Publick Faith of that Kingdom for his Highness being in honour freedom and safety whilst he shall be with them in Scotland or in their Army in England with Liberty to return when he shall please and this was sent to him by the Earl of Lauderdale 18. Both Houses passed a Manifesto that whereas they had not been able to afford to the Protestants in Ireland such supplies and relief as was necessary for them and therefore had imployed M r Derrick Hoast M r Corseilles M r Maurice Thomson and M r Laurence their Commissioners to the States of the United Provinces to sollicite contribution and relief from thence for Ireland who had there collected by Voluntary contribution thirty one thousand two hundred and eighteen pounds twelve shillings five pence and was disposed of for victual The Lords and Commons take Notice of the great affection of the people of the Vnited Provinces herein and acknowledge their pious and Charitable sense of the miserable condition of their distressed brethren in Ireland and their benevolence for relief of those Protestants and do give their most hearty thanks to the Commissioners and to the Treasurers there named and to all others who have without any Salary assisted in that work After long debate whether the Commons should concurr with the Lords in the Vote to invite the Scots to the Treaty it was carryed in the Negative The Commissioners of the Seal had a meeting with the Judges about their riding of this Summers circuits and they resolved to know the pleasure of the Houses therein 19. Vote that if his Majesty shall think fit to send for any of the Scottish Nation to advise with him concerning the affairs of the Kingdom of Scotland only the Houses will give them a safe-conduct Vote for ten of the House of Commons to joyn with five Lords as Commissioners to treat with the King Order that the Judges be desired to go their several circuits as formerly appointed except some Counties where the Kings Forces were and that they may avoid going to any place where they shall apprehend to be any danger Order that the chief Justices of Chester shall go down Letters from Colchester Leaguer that five came out of the Town and said that the Cryes of Women and Children and the poorer sort in the Town are very great and that they are like to starve that Goring will permit none who are well affected to the Parliament to come out of the Town unless some of his party may come with them That a Woman and five Children one sucking at her Breast came out of the Town and fell on her knees before the Parliaments Guards begging leave to pass the line but they were forced to turn her back again lest hundreds more should follow her to the prejudice of the service That those who come out of the Town affirm that all the Dogs and Cats and most of the Horses there are already eaten That a Trumpeter came from the Enemy in Colchester desiring leave to send to know whether they may have relief or not and if they see no hopes of any within twenty days then to treat but the Lord General denyed this desire That they in the Town refused to exchange the Earl of Cleveland for one of the Committee that the Women and Children were at the Lord Gorings lodging for bread who told them they must eat their Children if they wanted the Women replyed that they would put out his Lordships Eyes and highly reviled him The Prince sent a Letter to the Lord General Fairfax for moderation to be used towards Major General Langhorn Colonel Powel Colonel Poyer and others who acted by Commission from him otherwise he should be necessitated to proceed contrary to his intentions against such as should fall into his hands Subscribed Your Loving Friend Charles P. The General returned answer that he had
Thomas Widdrington Sir Thomas Beddingfield Mr. Keble M r Thorpe and M r Bradshaw Out of Lincolns Inn M r Sollicitor M r Samuel Brown M r Recorder Glyn and M r Earle Out of the Middle Temple Mâ— Whitelock Mr. Coniers and Mr. Puleston Out of the Inner Temple Mr. Chapman Mr. Gates and Mr. Will. Littleton Order that Serjeant Rolles should be made Lord Chief Justice of the Kings Bench that Serjeant Iermyn and Mr. Samuel Brown should be made Justices of the same Court That Mr. Sollicitor should be chief Justice of the Common-Pleas Sir Thomas Bedingfield and Mr. Serjeant Creswell should be Justices of that Court. That Serjeant Wilde should be Lord chief Baron of the Exchequer and Mr. Gates a Baron of the Exchequer That Mr. Whitelock should be Attorney General of the Dutchy and one of the Kings Serjeants that Mr. Prideaux should be Sollicitor General and Sir Thomas Widdrington one of the Kings Serjeants The House approved of all those whom the Commissioners of the Seal named to be Judges and Serjeants except Mr. Hatton of the middle-Temple upon whom the question was not put 13. Vote that leases renewed with Deans and Chapters since a day past should be void An Ordinance past by the Commons for abolishing Deans and Chapters c. An Ordinance past both Houses for the Governour of Dover-Castle to be Lieutenant of it Vote for a charge to be prepared against Mr. Dowcet The Declaration prohibiting the Souldiery from repayring to London upon pretence of having their arrears was past and ordered to be Printed and published and sent to the several Sheriffs to be proclaimed Letters from the Isle of Wight that the King had consented 1. That an Act of Parliament be passed to make void the Cessation and all Treaties and conclusions of Peace with the Rebels in Ireland without the consent of both Houses of Parliament and the Prosecution of the war there to be left to the two Houses and the King to assist them and do no Act to hinder or disturb them 2. The Reformation of Religion in Ireland to be settled by the Parliament of England 3. The Chief Governours and Officers in Ireland to be nominated by the Parliament of England This to be for twenty years from 1. July 1648. 14. Voted for the Lord Admiral to continue at Goree in order to the reducing of the revolted Ships and orders for the Committee of the Navy to make provisions and take care for mony for the Fleet. 16. Upon a Petition of the Common Council of London for a supply of ministers in the City and for an allowance to them out of Deans and Chapters Lands referred to a Committee to consider thereof and of the want of a good ministry in other Parts of the Kingdom Order that those who took a Bark at Rye of the Kings Party should have the benefit of it Debate about satisfying of a debt out of Sir Jo. Stowells Estate to Sir Henry Holcroft but not allowed and an order for tryal of Sir John Stowell Letters that Lieut. General Ashton relieved Cockermouth and pursued the Enemy to Appleby which was rendred to the Parliament and taken in it five Knights twenty five Colonels nine Lieutenant Colonels six Majors forty six Captains seventeen Lieutenants ten Cornets three Ensigns five Pieces one thousand two hundred Horse one thousand Arms and all their Bag and Baggage Letters that Lieutenant General Cromwel was received with great Ceremony at Edenburgh where he demanded that none who had been in Action in the late wicked Ingagement and Invasion might hence forward be imployed in any publick Place of Trust to which the Committee of Estates there gave a satisfactory answer He had also visits and Conferences with Commissioners from the Kirke and from the Provost and Magistrates of Edenburgh and a strong Guard of Souldiers at his Lodging At the time of his being at Edenburgh several other demands were made by him to the Committee of Estates who gave him very fair answer and he reserved liberty for the Parliament of England to make such further demands as they should think requisite The Charges of Lieutenant General Cromwels entertainment and of all his Company during the time of their being at Edenburgh were defraied by the Lord Provost of the City by Order of the Committee of Estates and Cromwel Haselrigge and the rest of their company were entertained by General Leven the Lord Argyle and many other Lords at a sumptuous Banquet in the Castle At their going away the Castle Saluted them with many great Guns and Vollies of small Shot and divers Lords convoyed them out of the City That in Edenburgh was a Proclamation for all Malignants to depart the City and not remain within six miles of it 17. The House Voted to Adjourn for six days but the Lords dissenting they recalled ' their Vote Upon Letters from Colonel Ashton of the surrender of Appleby Castle referred to the Committee of the North what to do with the Castle and how to secure the Arms Ordnance and Ammunition there in Lancaster Castle and gave thirty pounds to the Messenger Letters from Lieutenant General Cromwel of his proceedings in Scotland and his return to Carlisle the House approved of it and ordered a Letter of thanks to be written to him The Commons Voted Sir William Parsons and Sir John Temple to be Commissioners for the Great Seal of Ireland and dissented from the Lords who Voted to have a Chancellour there Letters from the Isle of Wight that the King had assented to all the Propositions except that of the Church with some qualifications That an Act be passed for raising Monies to pay the publick Debts and if the King assent not to it that then if it pass both Houses it shall be valid in Law That by Act of Parliament all Peers made since the Lord Littleton carried away or that the Great Scal was carried away to Oxford May 10. 1642. and who shall hereafter be made shall not sit or Vote in Parliament without the consent of both Houses and that all Honours and Titles conferred on any since May 20. 1642. shall be void Letters from the Hague that the Prince with the revolted Ships is still in Goree Road his Seamen discontented That the Lord Culpeppeâ— was sent to them with Mony and they said they might thank the Earl of Warwick for it that the Lord Culpepper was accused for betraying the secrets of the Prince to the Parliament and that the Lord Percy was committed for giving the lie in the Prince his presence Letters that the Lord of Ormond was landed at Wexford in Ireland and brought with him four thousand Arms and five hundred Curassiers part of the Supply designed for the Scots That the English Army were in great want of pay and provisions 18. Letters from the Lord General Fairfax intimating the proceedings of the Army and that several Petitions were promoting among the Souldiery of the
have some other form of Prayer in his own Chappel The like concerning his consent to Bills to prevent the saying and hearing of Masse all unsatisfactory Order that the Commissioners do press his Majesty further for his final answer to the business of the Church and inform him of these Votes and the Lords concurrence herein to be desired Order of both Houses that the Committee appointed to draw the Kings concessions upon the whole Treaty into Bills do meet for speedy dispatch of that business 13. Vote upon his Majestie 's propositions 1. That a Committee named do draw up something for his Majesties coming to London and present it to the House and instructions for the terms his Majesty being already in freedom honour and safety at the Treaty 2. That it be referred to a Committee to consider of his Majestie 's desires concerning his revenues 3. That an Act of Oblivion shall be presented to his Majesty to be passed with such limitations as shall be agreed on by both Houses The Lords concurred with the Commons concerning the seven persons to be excepted from Pardon only instead of the Earl of New-Castle and Sir Jo. Winter they voted Sir Geo. Ratcliffe and the Lord Byron to be two of the seven Both House passed Instructions for the Commissioners of the Great Seal for the making of new Sergeants and the Judges according to the former orders of the Houses Justice Rolles to bring in his former Patent and to receive a new Commission under the Great Seal to be Lord Chief Justice of the Kings Bench. Mr. Brown to have seniority of Sergeant Jermyn Brown having been a Commissioner of the great Seale and the rest that were Commissioners of the Great Seal having had priority to plead within the Barr to be Seniors and Sir Thomas Bedingfield Mr. Recorder c. in order Letters from the General that having had a meeting of the Officers of the Army he apprehends their general sad resentment of the many pressures upon the Kingdom particularly that of free-quarter whereby they and the Souldiers who have faithfully served the Parliament are even a burden to themselves because they are so much to the poor Country Complains of the great want of pay and necessaries for the Army desires an effectual provision therein to prevent those ill consequences which otherwise delay therein may produce Letters from the North. That Lambert and his men received a dismission from the Committee of Estates and were upon their March for England and they gave him many expressions of thanks for his good service done to that Kingdom Lieutenant General Cromwell sent a summons to the Governour of Pontefract Castle to render it to the use of the Parliament and the Governour desired to be satisfied that he had power to perform the conditions The first Sergeants approved before the Commissioners of the Great Seal in the Queens Court but they did not call them in until the House of Commons had passed the order for the precedency of M r Brown before Sir Thomas Bedingfield and M r Recorder at which most of them did grumble 14. The account of Colonel Gould stated and allowed and four thousand four hundred and forty three pound ordered to him and an Ordinance for it transmitted to the Lords Ten thousand pound inserted into an Ordinance formerly past for five thousand pound for the guards of the Horse of the Parliament Debate about taking off free-quarter and disbanding Supernumeraries and a question for adding three thousand pound to the Establishment of the Army in regard of the Garrisons of Berwick and Carlisle past in the Negative which discontented the Army and was therefore thought by some to be put on the rather The Lords concurred in the banishment of the four persons voted by the Commons but in regard that three of them are Peers of the House they desired that the Ordinance for it might begin in their House A Message from his Majesty that he did consent to the little Catechism with the addition of a preface and also that the Parliament dispose of all great Offices for twenty years as they desire Letters from the Earl of Warwick and a Declaration in vindication of himself and the scandal cast upon him by a false Pamphlet and lying report that he resolved to joyn with the Prince in case the Treaty took not effect 15. Colonel Rossiter had the thanks of the House for his good services Vote that his Majestie 's coming to London shall be with honour freedom and Safety so soon as the concessions of the Treaty shall be agreed upon 2. That he shall have his Lands and revenues made good to him according to the Laws 3. What he shall pass away of his legal right he shall have allowance in compensation thereof 4. That an Act of Oblivion shall be presented to his Majesty c. Both Houses agreed to these Votes and to send them to his Majesty Upon Letters from Lieutenant General Cromwell of the wants of his Forces referred to the Committee of the Army to consider of the particulars and to supply them Order for two hundred and fifty Barrels of powder with match and bullet proportionable for the Forces before Pontefract and Scarbrough The Commons adhered to their vote to except the Earl of New-Castle and Sir Jo. Winter from pardon Letters from the Hague that Prince Charles was upon recovery that Prince Rupert was made Admiral and the Lord Gerrard Vice-Admiral that some of the revolted Ships were come in to the Earl of Warwick and those Sea-men that continued with the Prince were disorderly The Commissioners of the great Seal went into the Kings Bench where they sat in the middle the Judges on each side of them And there they did swear the Lord Chief Justice of that Court Judge Rolles and Sir Tho. Widdrington made a very learned speech to him From the Kings Bench they went to the Exchequer and sat in the Court the Barons on each hand of them and a great Company both of Lawyers and others thronging round about the Court there they did swear Serjeant Wilde to be chief Baron and Whitelock made the speech to him which because it clears some mistakes concerning the antiquity of that Court was thought fit to be here inserted M r Serjeant Wilde THE Lords and Commons in Parliament taking notice of the great inconvenience in the Course of Justice for want of the antient and usual number of Judges in each of the high Courts at Westminster whereby is occasioned delay and both Suitors and others are the less satisfied and being desirous and careful that Justice may be Administred more Majorum and equal right done to all men according to the custom of England they have resolved to fill up the Benches with persons of approved fidelity and affection to the publick and of piety Learning and integrity and having found by long experience among themselves that you Mr. Serjeant
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 of Justice sate in the afternoon and heard proofs to the Impeachment the King was brought from Windsor to St. James's in Order to his Tryal The General Councel of the Army met and the draught of the agreement of the People was subscribed by many of them and Sir Hardress Waller and sixteen other Officers were appointed to present it to morrow to the House of Commons Information of a Vessel taken by Colonel Russel Governour of Guernsey and Captain Burley in her A Petition from North-Wales to the Councel of the Army complying with their Remonstrance c. for which the Councel gave them thanks The two Lords Commissioners of the Seal still refused to joyn in signing Warrants for Writs to adjourn the Term whereupon Sir Tho. Widdrington and Mr. Whitelock went to the Speaker and acquainted him with all passages and their intentions in this business to procure an Act of the House of Commons to command Sir Thomas Widdrington and Mr. Whitelock to sign Warrants without the Lords for Writs to adjourn the Term and to draw an Act for that purpose the Speaker approved of this way and offered that he would present the Act to the House for this purpose 20. Lieutenant General Hammond and divers chief Officers of the Army presented to the House in the name of all the Army from the General Council of the Army a Petition and a Writing concluded on by them intituled an Agreement of the People of England desiring a serious and speedy consideration thereof by the House The Petition was read but not the Writing it being long and the House having resolved to rise at twelve a Clock in regard the Commissioners for Tryal of the King were to sit in the afternoon yet they returned to the Officers this answer and Ordered That the thanks of the House should be given to these Officers for their particular and great services to the Kingdom and that they be desired to return the hearty thanks of the House to his Excellency the Lord General and all the Army for all their unwearied and gallant services to the Nation And that the Petition with this answer should be forthwith printed and published that the Kingdom might take notice of the Union and affection between the Parliament and Army and for the Agreement and Declaration they should be taken into speedy and serious consideration Upon a conference betwixt the King and Mr. Hugh Peters and the King desiring that one of his own Chaplains might be permitted to come to him for his satisfaction in some scruples of conscience Doctor Juxon Bishop of London was Ordered to go to his Majesty Order that the Commoners Commissioners of the Great Seal should issue forth Writs for adjourning of the Term though the Lords Commissioners did not joyn with them The High Court of Justice sate in the place in Westminster-Hall made for them the President had the Sword and Mace carryed before him and twenty Gentlemen attended as his guard with Partizans commanded by Colonel Fox After an O yes and silence made The Act of the Commons of England for sitting of the Court was read and the Court was called sixty of the Members appeared The King was brought from St James's to White-Hall and from thence by Water guarded with Musquetiers in Boats to Sir Robert Cottons House near Westminster-Hall and from thence to the Bar of the Court attended by Colonel Hacker with about thirty Officers and Gentlemen with Halberts At his coming to the Foot of the stairs he was met with the Mace of the Court and conducted to a chair within the Bar where he sate down in the Face of the Court they all being covered as well as his Majesty The Lord President in a short speech acquainted the King with the cause of his bringing thither in Order to his Tryal upon a charge against him by the Commons of England which was then to be read and his Majesty to give his answer thereunto The King Offered to speak before reading of the Charge but upon some interruption was silent and the Charge was read By which he was charged in the name of Charles Stuart King of England as Guilty of all the Blood that had been shed at Kenton Brainford Newbury and other places where he had been present in Arms against the Parliament and other particulars very large The King smiled at the reading of his Charge and after it was read demanded of the President by what lawful Authority he was brought thither and being answered in the name of the Commons of England He replyed he saw no Lords there which should make a Parliament including the King and urged that the Kingdom of England was hereditary and not successive and that he should betray his trust if he acknowledged or made answer to them for that be was not convinced that they were a lawful Authority After he had been often demanded to answer and refused he was remanded to Sir Robert Cottons House and thence to St. James's and the High Court adjourned and kept a Fast together at White-Hall Sir Thomas Widdrington seemed to scruple the signing of Warrants without the Lords for adjourning of the Term. 22. The Commissioners of Scotland delivered some Papers to the House and declared that Scotland had an undoubted interest in the person of the King that he was not delivered to the English Commissioners at New-Castle for the ruine of his person but for a speedier settlement of the Peace of his Kingdom That they extream'y dissent and declare against the Tryal of him and that this present way of proceeding against him leaves a deep impression on them and sits heavy on all their Spirits in regard of the great miseries that are like to ensue upon the Kingdoms And they moved for leave of the House to make their personal Addresses to the King The House referred it to a Committee to draw up an answer to the Parliament of Scotland This Declaration with some Papers from the Parliament of Scotland were likewise presented by their Commissioners to the Lord General A Letter to the General from the Officers before Pontefract Castle concurring in the Action of trying the King secluding the Members of Parliament who carried on corrupt designs and acknowledging the present proceedings of the Army to be the work of God alone The High Court of Justice sate and the King was again brought to the Bar. Mr. Coke Sollicitor General moved That whereas the Prisoner had refused to make answer to the Charge against him that now he might be directed to make a positive answer either by way of confession or negation which if he shall refuse to do that the matter of the Charge may be taken pro confesso and the Court may proceed according to Justice The President then required the King to answer to the Charge against him by the Commons of England of High Treason c. The King confessed
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
Painted Chamber and such who had any evidence to give against the Earl of Holland Earl of Cambridge Lord Goring Lord Capell and Sir John Owen or any of them were to repair thither where they might be heard A Committee to examine the Authours and publishers of a Pamphlet and such as have preached printed and published seditiously the proceedings in bringing the King to justice and to prepare an Act to restrain the preaching and printing any thing against the proceedings of the House and of the High Court of Justice Letters from Scotland that the Parliament and priests there are at much variance that they bring all to the stool of repentance that were in the last invasion of England yet they are now as much as ever Enemies to the proceedings of the Parliament and Army in England That they talk big of raising an Army in revenge of the Kings Blood and all will joyn unanimously against the Sectaries of England and ground themselves upon breach of the Covenant Letters from New-Castle that many Ships were loaden with Coals for London and the Coast clear and their Governour Sir Arthur Haselrigge and some Officers of the Garrison were gone for London Letters from Pontefract that upon notice of the Kings execution the Garrison made a stout Salley but were beaten in again In the House the debate was long and smart concerning the Lords House 6. Debate concerning the House of Lords and the question being put whether the House of Commons should take the advice of the House of Lords in the exercise of the Legislative power of the Kingdom it was carried in the Negative by many voices Then they voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in to this purpose A Committee named to draw up an Act for making the Estates both of the late Members of Peers and likewise of the House of Commons liable to the Law for payment of all debts Referred to a Committee to consider of a way to take away all Appeals to the Lords and to discharge all persons committed by them in relation thereunto and how the Peers may be elected Burgesses and Knights to serve in the House of Commons Debate what Government to set up in England and Ireland and whether Kingship should be abolished or not Divers Sheriffs made Scruple of acting in their Office because of the Death of the King Order for instructions to be drawn up therein Order for Sergeant Bradshaw to make a Deputy in Guild-Hall where he is Judge in regard of his imployment in the High Court The accounts allowed of the Charges of the Kings Tryal Letters that the Irish Pyrates take divers vessels at Sea from the English and that the several Parties in Ireland are agreed to carry on the designs of the Prince of Wales It was put upon Whitelock to draw an Act to take away the House of Lords wherein he desired to have been excused in regard he was not in the house when the vote passed and had Declared his opinion against it but he could not get excused 7. Debate whether the Government by Kings should be abolished and upon the Question whether it should be referred to a grand Committee of the whole House it was carried in the Negative Then after a long and quick Debate they passed this vote Resolved upon the Question by the Commons of England in Parliament assembled That it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single person is unnecessary burthensome and dangerous to the liberty safety and publick interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in to that purpose A Committee appointed to bring in names of persons not exceeding forty to be a Councel of State Instructions passed for drawing new Commissions for the Judges the new Great Seal being ready The Judges appointed to meet with the Speaker and a Committee of the House about the Judges Commissions The High Court of Justice sate receiving witnesses and preparing the Charges against the five persons to be tryed The Earl of Holland sent up by post that he was dangerously sick at Warwick-Castle The Corps of the late King was removed from St. James's to Windsor to be interred in St. George's Chappel there and monies allowed for it An Act appointed to be brought in to make Sir Thomas Widdrington and Whitelock Commissioners of the new Great Seal with a blank for others to be added 8. Instructions passed for Commissions to the Judges of whom six agreed to hold viz. Rolles Jermyn St. John Pheasant Wilde and Yates provided that by Act of the Commons the fundamental Laws be not abolished The other six Judges viz. Bacon Brown Bedingfield Creswell Trevor and Atkins were not satisfied to hold Order for altering the Judges Oaths formerly in the name of the King now to be in the People A Committee appointed to bring in a list of fit persons to be Justices of peace in every County Instructions passed for rewards to such as shall bring in any of the revolted Ships The Duke of Richmond and others had leave to attend the late Kings funeral at Windsor Widdrington and Whitelock without the Lords who were in Commission with them yet having an Act of the House of Commons for it they went with the old great Seal to the House Mr. Malbon the usual Seal-bearer carried it to the door where Widdrington and Whitclock took the Purse and Seal in it and both of them holding it brought it in solemnly into the house all the Members being silent and laid it down upon the Table in the house Then the House past an Act for the old Seal to be broken and a work-man was brought into the house with his tools who in the Face of the house upon the Floor brake the old Seal in pieces and the house gave to Widdrington and Whitelock the pieces and purse of the old Seal After this the House passed another Act for establishing the new Great Seal to be the Great Seal of England Then they read another Act to constitute Widdrington and Whitelock to be Commissioners of the New Great Seal which occasioned Sir Thomas Widdrington to stand up and excuse himself very earnestly because of his unhealthfulness but that excuse would not be allowed Then he further excused himself by reason of some scruples in conscience which he had concerning the acting in this high place though he did acknowledge the Authority and submit to it and had Acted by vertue of it in signing a Warrant for a Writ to adjourn the Term and bringing in the new Great Seal without the Lords Commissioners Upon a long Debate the House did excuse Widdrington and to manifest their respects for his former services
that time 16 Letters That General Blake sent in four Prizes one was a French Man of War with forty Copper Guns whose Captain being commanded on Bord by General Blake he asked him if he was willing to lay down his Sword the Captain answered No. Then Blake bid him return to his Ship and fight it out as long as he was able which he did and after two hours Fight he came in and submitted and kissing his Sword delivered it to Blake who sent him and his Ship with the rest into England 17 Letters of a Remonstrance of divers Ministers sent to the Commissioners of the Kirk against their present Proceedings but the Ministers were threatned to be proceeded against unless they desist 18 Letters that the Scots Army was 8000 Horse and 8000 Foot and they resolved to bring it up to 50000 and then to give Battle to the English Army That C. Fenwick took Possession of Edenburgh Castle as Governour thereof That a Party of Dragoons took a Ship loaden with Herrings going to the Scots 20 Letters that at the Coronation of the King in Scotland many Speeches were made to him and the Kirk promised him good Success if he did hearken to their Councel That he gave them fair Answers and signed the Covenant and promised to defend them and maintain their Laws Government and Covenant That a Party of 800 choice Horse attempted the Quarters of the English at Lithlingow but were beaten back Letters of great Mischiefs Murders and Plunderings by the Tories in Ireland many of whom the Governour of Dublin had killed and taken That the Governour is turning the Papists out of Dublin 21 A Pardon granted to four Persons condemned to dye by the High Court of Justice for the late Insurrection in Norfolk A new Seal for the Parliament approved and an Act passed for the use of it and that it shall be Treason to Counterfeit it 22 Letters That at the Assises at Taunton two men accused a poor Fellow and preferred eight Indictments against him for stealing eight Sheep but upon the Tryal some being accidentally present came in as Witnesses and fully proved that those eight Sheep were stolen by the Accusers themselves who were Indicted for it and hardly escaped the Gallows Letters That the States of Holland Zealand and Groningen did acknowledge the Parliament of the Common-wealth of England 23 Letters that one Story a Souldier was hanged by sentence of the Court Marshal for killing a Countreyman and another Souldier accescessary to it was hanged on the same Gibbet whil'st one walked ten paces and was then cut down and recovered to Life again 24 Letters that some Conntrey-men Scots were hanged in chains by sentence of the Judge Advocate of the English Army for killing some of the English Souldiers That several Rendezvouzes of the Scots Army were appointed and the King present at them That the Commissioners of the Kirk presented a Remonstrance to the King at St. Johns Town 25 Letters that the Kirk pressed the King to humble himself and to quit the Nation of their Enemies now in the Bowels of the Kingdom 27 Letters of a Mutiny at Sterling which David Lesly had much to do to appease That the General intends to attempt Hume Castle That a Ship loaden with Cloaths and Provisions from London submitted to a Garrison of the Scots on the Sea through the Malignancy of the Master That the Kirk set forth an Exhortation to their Brethren at Edenburgh from Communion with the English or any that desert the Kirk That there were Jealousies between Argyle and Hamilton 28 An Act passed for continuing the Act for the Militia A Charge of the Grand Jury of Northumberland against one Musgrave who had much traduced Sir Arthur Haselrigg ordered by the Councel of State and Musgrave committed 29 Letters that means are used in Spain by the King and his Councel to give Satisfaction to the Parliament of England for the Murder of their publick Agent Mr. Ayscham there but that the Church opposed the punishing of the Murderers being fled to Sanctuary But the Parliament insisted upon it to the Spanish Ambassadour here to have them punished or no further Treaty with that Crown 30 Letters of divisions among the Irish by the Popish Clergy And Opposition made against Ormond and Inchequin That the Rebels in Kerry being 5000 Foot and 500 Horse dispersed the Quarters of C. Le Hunt And that Major General Waller was gone to fight them That divers Robberies and Murders were committed near Tade after and the Thieves demanded of those they robbed whether they had taken the Ingagement 31 Letters of the Kings going about to several Rendezvous and Garrisons to encourage the Souldiers That a Party of Horse from Sterling took seven or eight stragling Souldiers of the Parliâ— ments February 1650. 1 The Parliament appointed the Lord Chief Justice St. John and Mr. Strickland to go Ambassadors extraordinary to the States of the United Provinces Strickland had been Agent there before and for his Experience thought â—it to be sent with St. John who was Cromwells Creature and his Disposition suited with such an Imployment which met with good Abilities though not much versed in Forraign Affairs or Languages Mr. Strickland was an honest rational Gentle-man and versed in the Dutch Business but St. John was looked upon as the principal man The number of Ships and men agreed upon for the reducing of the Barbadoes A difference between C. Sidney Governour of Dover and his Officers referred to the Councel of State 3 Letters of an allarm taken by the Enemy at Sterling upon notice that the English Army intended a March thither That many of their new listed men run away That C. Fenwick Summon'd Hume Castle to be surrendred to General Cromwel But the Governour answered That he knew not Cromwel and for his Castle it was built upon a Rock That the General Assembly of the Rebels in Ireland which they call their Parliament declared their due and perfect obedience to his Majesty Yet that they will insist upon the Articles of Peace and provide against the violation of them And that the King being in the hands of the Scots Presbyterians who had vowed the extirpation of their Religion they would receive no Governour from him whil'st he was in this unfree Condition 4 Order that the Kings Arms be taken down in all publick places and the Armes of the Common-wealth set up in the room thereof and the charge of it paid out of the Parish-Rates and the Justices of Peace Church-wardens and other Officers to see this order executed An Additional Act passed for the sale of Fee-Farm Rents Letters of the Commissioners safe arrival in Ireland 5 Letters that the Ministers about Leverpoole refused to observe the Thanksgiving Day Of several Prizes brought in 6 Letters of an agreement of the Ministers of Somerset and Devon to refuse subscribing the Ingagement or observing the Orders of Parliament
answered That they were not satisfied in Conscience to do what he required but would give an Answer to Collonel Overton who had before sent to them the like Message That the Ministers of St. Johns Town refused to Preach unless they might pray for the King and their Army in England the Governour told them they might Preach the Gospel of Christ but that would not satisfie them That in swimming over the River to come to Dundee Two or Three Men and Horses were drowned Among other Countries Oxford-shire had raised a Regiment of Foot and Two Troops of Horse to assist the Lord General before Worcester and had chosen Collonel James Whitelocke to command both their Horse and Foot he was the Collonel Mr. Robert Warcup Lieutenant Collonel and the Major and Captains were most of them Oxford-shire Gentlemen They wrote to Collonel James Whitelocke to acquaint him herewith and to desire him to come into England to accept of this Command to which the Committee had freely chosen him he returned thanks for the Honour his Country-men had done him accepted the Command and promised to hasten into England to serve them But before he could come over from Ireland the King with his Army being come into England and all the new raised Forces being commanded to march to the Lord General towards Worcester his Lieutenant Collonel Warcup marched with his Regiment of Foot thither 2. An Act passed to enable the Commissioners of the Militia to raise Money for the present Service of the Common-wealth A Messenger from the Head Quarters informed That the Lord General and Lieutenant General met and viewed their Forces and consulted about carrying on of the Work and prepared to receive the Enemy if he should ingage who came forth in a full Body but would not come near to Cromwel Who thereupon sent out a Party against them upon whose approach the Scots retreated into the City That the Parliament Forces were got within half Musquet-shot of the Enemies Works and their Canon played daily into the City with good execution That the Earl of Derby came wounded into Worcester with about 30 Horse and no more of all his Levies in Lancashire which so distracted the Towns-men that they began to repent their deserting of the Parliament That the King seeing his hopes in the Earl of Derby frustrated would have marched away with his Horse upon which his Foot were ready to mutiny and said They should both endure the same Fortune the King and his Officers had much ado by fair words to appease them The Parliament voted That whosoever had the Kings Declaration in their Hands should bring it in to the Council or to the Lord Major of London or some Justice of Peace to be burnt by the Hang-man and those who should not bring it in or should disperse it to be punished according to Law Twelve Regiments of London being 1400. Mustered in Finsbury Fields the Speaker and divers Members of Parliament were there and the Lord Major and Sheriffs of London the Kings Declaration was burnt by the Hangman at the Head of every Regiment who gave loud Shouts and Acclamations thereupon That Captain Escot a Parliament Man of War fetched two Prizes out of the Enemies Harbour in Scotland and brought them into Lieth loaden with Corn and other Commodities In one of them were divers intercepted Letters of Consequence from the Lord Argyle Cleveland and others to the Lord Jermyn Captain Titus the Earl of Newcastle and others in Holland That the same Man of War fought Three hours with another Ship bound for the Enemy loaden with Wine Arms and Ammunition and at length sunk her and all her Goods except Ten Hogsheads of Wine which were saved and a few of the Passengers the rest were drowned 3. Letters That a Party of the Enemies Horse moved and pulled down Two Bridges of the River Tearne in Hereford-shire but being flanked by a Party of Lieutenant General Fleetwood supposing they intended to march away they retreated That a Servant of Masseys came into Cromwels Quarters and reported That the wants of the Kings Army were very great that his Master was shot in the Hand and the Earl of Worcester wounded in the Mouth Major Mercer with a strong Party was sent to secure Bewdly Bridge From Scotland That a Party of Collonel Alureds Men being sent out to prevent their new Levies Seven Miles from Dundee they found old General Leven and several other great Lords raising of Forces whom they apprehended and brought away Prisoners Letters That Scurlocke the Famous Tory took Two small Garrisons of the Parliaments in Ireland That the Garrisons of Lymbrick and Galloway were much straitned That 2000 Sallied out of Galloway upon Collonel Russel who commanded there in Sir Charles Coote's absence but were repulsed with the loss of 2 or 300 of their Men and but Six of Russels lost That the Remnant with Clanrickard increased in number but were so full of terror that upon the advance of Sir Charles Coote and Collonel Reynolds towards them they quitted divers strong Passes and a Castle of Consequence where the Soldiers had Quarter for Life the Officers and Protected People left to Mercy and some of them hanged That the Enemy took Raghaera Castle from the Parliament surprising most of their Men gathering Contribution in the Country who were likewise cut off That the Sickness is still in those Parts That the Commissioners of Parliament appointed a day of Humiliation 4. Letters from Scotland to the Speaker That after the taking of Sterling Lieutenant General Monk marched to Dundee for the reducing of that Place and summoned it they in answer to his Summons sent him a Proclamation from the King That whosoever would lay down Arms and come in to them should have Mercy That this Impudence of theirs was occasioned by the Promise of old Lesley Earl of Leven with divers other Lords and Ministers Commissioned from the King to raise Forces whereby he would relieve the Town Private Intelligence being given hereof Collonel Alured with a good Party marched to the Place of their Rendezvous and surprized old Leven and the Lord Chancellor with divers other Lords Six or Seven of their Ministers and 300 more Persons of Quality Letters from Worcester Sir This day hath been a glorious day this day Twelvemonth was glorious at Dunbar this day hath been glorious before Worcester the Word was then The Lord of Hosts and so it was now and indeed the Lord of Hosts was wonderfully with us The same Signal we had then as now which was to have no White about us and indeed the Lord hath clothed us with White Garments though to the Enemy they have been Bloody In the Morning 3. Sept. Lieutenant General Fleetwood had order to advance with his Brigade on the other side Severne and all things being prepared for the making of a Bridge and having cleared our Passages with a Forlorn we laid a Bridge over Severne and
of the Parliaments Soldiers 10. Upon the Defeat at Worcester Cromwel desired a Meeting with divers Members of Parliament and some chief Officers of the Army at the Speakers House and a great many being there he proposed to them That now the Old King being dead and his Son being defeated he held it necessary to come to a settlement of the Nation And in order thereunto he had requested this meeting that they together might consider and advise what was fit to be done and to be presented to the Parliament Speaker My Lord This Company were very ready to attend your Excellence and the Business you are pleased to propound to us is very necessary to be considered God hath given marvellous success to our Forces under your Command and if we do not improve these Mercies to some settlement such as may be to Gods Honour and the Good of this Common-wealth we shall be very much blame-worthy Harrison I think that which my Lord General hath propounded is to advise as to a Settlement both of our Civil and Spiritual Liberties and so that the Mercies which the Lord hath given in to us may not be cast away how this may be done is the great Question Whitelocke It is a great Question indeed and not suddenly to be resolved yet it were pity that a Meeting of so many Able and Worthy Persons as I see here should be fruitless I should humbly offer in the first place whether it be not requisite to be understood in what way this Settlement is desired whether of an absolute Republick or with any mixture of Monarchy Crom. My Lord Commissioner Wh. hath put us upon the right Point and indeed it is my meaning that we should consider whether a Republick or a mixt Monarchical Government will be best to be setled and if any thing Monarchical then in whom that Power shall be placed Sir T. Widdrington I think a mixt Monarchical Government will be most suitable to the Laws and People of this Nation and if any Monarchical I suppose we shall hold it most just to place that Power in one of the Sons of the late King Collonel Fleetwood I think that the Question whether an absolute Republick or a mixt Monarchy be best to be setled in this Nation will not be very easie to be determined Lord chief-Chief-Justice St. John It will be found that the Government of this Nation without something of Monarchical Power will be very difficult to be so setled as not to shake the Foundation of our Laws and the Liberties of the People Speaker It will breed a strange Confusion to settle a Government of this Nation without something of Monarchy Collonel Desborough I beseech you my Lord why may not this as well as other Nations be governed in the way of a Republick Wh. The Laws of England are so interwoven with the Power and Practice of Monarchy that to settle a Government without something of Monarchy in it would make so great an alteration in the Proceedings of our Law that you have scarce time to rectifie nor can we well foresee the Inconveniences which will arise thereby Collonel Whaley I do not well understand matters of Law but it seems to me the best way not to have any thing of Monarchical Power in the Settlement of our Government and if we should resolve upon any whom have we to pitch upon The Kings Eldest Son hath been in Arms against us and his Second Son likewise is our Enemy Sir T. Widd. But the late Kings Third Son the Duke of Glocester is still among us and too young to have been in Arms against us or infected with the Principles of our Enemies Wh. There may be a day given for the Kings Eldest Son or for the Duke of York his Brother to come in to the Parliament and upon such terms as shall be thought fit and agreeable both to our Civil and Spiritual Liberties a Settlement may be made with them Crom. That will be a Business of more than ordinary difficulty but really I think if it may be done with safety and preservation of our Rights both as Englishmen and as Christians that a Settlement with somewhat of Monarchical Power in it would be very effectual Much other discourse was by divers Gentlemen then present upon several Points and too large to be here inserted generally the Soldiers were against any thing of Monarchy though every one of them was a Monarch in his Regiment or Company The Lawyers were generally for a mixt Monarchical Government and many were for the Duke of Glocester to be made King but Cromwel still put off that Debate and came off to some other Point and in conclusion after a long debate the Company parted without coming to any result at all only Cromwel discovered by this meeting the Inclinations of the Persons that spake for which he fished and made use of what he then discerned 11. Several Petitions from divers Counties were directed to the General and his Officers and Army acknowledging with thankfulness their great Services and setting forth the insupportable burdens upon the Country for the removal whereof they pray the General and his Officers and Army to be instrumental 1. Burden is of Tithes at first by a Cheat put upon us for advancement of Popery and maintaining superstitious and idle Persons whereby a third and fourth part of our Estates is taken away from us and the Fruit of our Labours by Priests and Improprietors And that in so-cruel and tyrannical a manner as in former times before 2 E. 6. was never practised among Christians and at present we are not able to get competent livelihood for our Children and Families leaving them as Slaves intailed to Priests and Improprietors who as cruel Task-masters do torment us 2. Burden is the managing and unlawful using of the Laws of the Land through the Number Pride Subtlety and Covetousness of Lawyers Atturneys and Clerks whereby the poor Country-men find the Cure worse than the Malady 3. Burden is the Excise 4. The great Assesses upon the Nation The Petitioners humbly pray That as God hath not put the Sword into your hand in vain you will mediate for us to the Parliament that the oppressed People may be eased and setled in freedom which they cannot be while Tithes continue and Covetousness executes the Law 12. Letters of Provisions arrived in Scotland for the Army and of Huntley and the other Lords coming in to the protection of the Parliament of England upon Capitulation and ingagement of the Lords and Gentlemen to disband all their Forces That the English Army have no opposition in Scotland and that only four Castles stand out against them in all Scotland 13. Letters That the Marquess of Argyle excused his coming to meet the Commissioners appointed by the Lieutenant-General to treat with him he being hindered by the Stone but he promised to come in Person to the Lieutenant-General That Ashfield's Regiment was marched into Murrayland
and his Countenancing Orthodox Ministers and frequenting the publick Ordinances The Sweeds had good Success in Poland and in Muscovia Collonel Harvey committed to the Tower The Swedish Ambassador had Audience and related to the Protector his Masters successes A Paper of the Special Commissioners for Charitable uses read in the Churches in London inviting discoveries Cracovia was Surrendred upon Articles to the King of Sweden The Major-Generals and their several Commissioners met in several Counties to execute their Commissions The Protector and his Councel referred to Sir William Roberts and others the Examination of the Accounts of Collonel Harvey and Collonel Langham upon which they stand Committed The Ratification of the Treaty with the King of France returned by Monsieur de la Bastile the Kings Ambassador under the Kings hand and then the Protector ratified it and it was Sealed with the Great Seal of both Parties A Declaration for a publick Fast A Commission for appointing Justices of the Peace in Scotland Major Rolt arrived in Poland Envoy from the Protector to the King of Sweden A Declaration for a New Assessment The Peace between England and France proclaimed in London The French Ambassador by Invitation dined with the Protector The Swedish Ambassador having often solicited the Protector that Commissioners might be appointed to Treat with him and none being yet appointed he grew somewhat impatient and the more because none of the Grandees would vouchsafe to visit him by reason of a former Order of the long Parliament prohibiting the Conversing with Forreign Ministers neither were they willing that the Ambassador should come to them at which he wondred being so contrary to the Practice in his Countrey December 1655. Instructions published by the Protectors Councel in Scotland for the Justices of Peace in that Kingdom and for Constables and they Order the former Great Seal and Privy Seal there to be brought in The Tories in Ireland brought in the Copy of a Letter from Queen Christiana to the King of Sweden of her declaring her self to be of the Roman Catholick Religion and some Complements to the King Divers Ministers sent for by the Protector whom he acquainted with the Proposals made by Manasseth Ben Israel the Jew and referred them to the Consideration of the Ministers and others A Day of Fast publickly kept The French Ambassador went away A Brest Man of War with Commission from the Duke of York brought in the Queen Christianaes Absolution from the Church of Rome A French Man of War sunk by one of the English Fleet the Peace not being yet known Instructions to the Majors-General to take Security of all who had been in Armes for the King for their Peaceable demeanour and obedience to the Protector Audience to the Envoy of the Duke of Brandenburgh A Conference with Manasseth Ben Israel about admitting the Jewish Nation to Trade in England The Swedish Ambassador had audience The Protestors in Scotland Petitioned with Reasons against the Power of the Civil Magistrate in Church matters as contrary to Law and Scripture The Queen Christiana of Sweden Honourably received at Ferrara Additional Instructions to the Major-Generals Letters of Mr. Mannings being put to death by King Charles at Duynwald for holding Correspondence with those in England He was a Servant to Sir Edward Hyde and shot to death Audience to the Venetian Ambassador No Commissioners being yet come to the Swedish Ambassador he grew into some high expressions of his Sense of the neglect to his Master by this delay which was excused and the Protector made acquainted with it who thereupon promised to have it mended and to send suddenly to the Ambassador Mr. Meadow by Command of the Secretary of State Translated the Sweedish Treaty made by Whitelock January 1655. An Arch-Rebel in Ireland taken A Committee appointed for the business of Piedmont most of the Protectors Councel were of it Orders by the Protectors Councel in Scotland touching Delinquents payment of their Fines The Committee for Piedmont were very careful of the poor Protestants there to send relief to them The Envoy of the Elector of Brandenburgh had private Audience with the Protector Letters of the King of Sweden's prosperous Successes The Major-General and Justices of the Peace in Shropshire made strict orders for the suppressing of Drunkenness and Disorders and of Ale-Houses Players taken in New-Castle and whipt for Rogues The Sheriffs of the Several Counties declared Popish Books burnt in London The King of Sweden had a Son born at Stock-holm he was Baptized Charles Donnah o Derry the Arch Irish Traytor who had Murthered many English was Hanged at Dublin Letters of a Gallant action performed by the English in Jamaica against the Spaniards in the Indies An agreement made between the King of Sweden and the Elector of Brandenburgh The Lord Deputy Fleetwood and Collonel Sydenham told Whitelock that his Highness and the Council had appointed them to acquaint him with a Business of very great importance which is that they considering the present Condition of Affairs did hold it necessary forthwith to send an extraordinary Ambassy to the King of Swedeland about a business of the greatest Consequence and Honour that could be and most conducing to the good of the Protestant cause which was the uniting of that Interest preventing the differences that were likely to fall between that King and the Vnited Provinces and the Elector of Brandenburgh for which ends they had thoughts of Whitelock and Sir Christopher Pack to go to the King as Ambassadors from his Higness Whitelock thought he had enough of Danger and Trouble in his former Ambassy without the least reward or acknowledgment of his Service therein but instead thereof and notwithstanding the Success which God gave him yet at his return home he found Neglects and Slightings and was removed from his place of Commissioner of the Seal and was 500 l. out of Purse upon his Accounts These Considerations stuck with him and made him endeavour by all handsome pretences to be excused that Service And when Collonel Sydenham spake in commendation of Sir Christopher Pack Whitelock replyed that they might send Sir Christopher alone for he did not apprehend a necessity of sending two Ambassadors together They both to that said that the intention of sending Sir Christopher Pack was to manifest the Engagement of the City in this business and in it to put an honour upon them Whitelock alledged also that the King of Sweden's Ambassador here might probably conclude upon the Business intended without sending one from hence to him The Lord Deputy said that the Ambassador here had no Instructions for it Whitelock told him the Ambassador here he believed had instructions sufficient or might have them before Ambassadors could go from hence to Sweden And that to send him now who had been so lately with the same King would give an alarm to all the Popish Princes and
some sort of Governing power in him were submitted unto that hereby he might cease to be a publick Enemy and Destroyer and become a King or Governour according to the Conditions accepted by the People and if he would so pretend he could not be so discharged from his publick Enmity by any Conditions or Agreement made with a part of the Peoples chosen Deputies whilest he shut out the other part for no part of the Representative body are trusted to Consent to any thing in the Nations behalf if the whole have not their free Liberty of Debating and Voting in the Matters propounded If he would pretend no higher than to be our Conqueror who for Peace and his own safety sake was content to cease from being a publick Enemy and to be admitted a Governour he could not compass those ends by forcibly exluding as now he hath done whom he pleased of the Representative body of the People who were to submit to him in the Peoples behalf therefore either takes upon him to be such a Conquerour as scorns the Peoples acceptance of him by their Representative as their Governonr and fears not to remain a publick Enemy or else he takes himself to be such an unheard of Soveraign that against him the People have no Claim of Right or Property in themselves or any thing else for he hath now declared that the Peoples choice cannot give any man a Right to Sit in Parliament but the Right must be derived from his gracious will and pleasure with that of his Councellors And his Clerks Ticket only must be their Evidence for it Thus hath he exalted himself to a Throne like unto Gods as if he were of himself and his power from himself and we were all made for him to be commanded and disposed of by him to work for him and serve his pleasure and ambition Seeing therefore this total Subversion of all Law and Right and the Distractions Miseries Blood and Confusions that will be the most certain Consequences of it And withal remembring the late Effusion of Blood upon no other Account than to secure Religion Liberty and Property and the freedom Power and Priviledges of Parliaments as the Bulwarks thereof and that by those very hands who now overturn the very Foundations of all Liberty Right and Property and of the beings of Parliaments and our very Souls trembling at the loud Cries of that Sea of Blood and at the horrid Clamours of the many falsified Oaths and Promises made upon the same Account For the acquitting of our own Souls in the Faithful discharge of our Duties to our Countrey in such manner as we are capable under the High oppression We do hereby most Solemnly Remonstate and Protest unto all the good People of England First That the violent exclusion by any Governour or pretended Governour of any of the Peoples chosen Deputies from doing their Duties and executing their Trust freely in Parliaments doth change the State of the People from freedom unto a meer Slavery And that whosoever hath advised assisted or adhered unto the Lord Protector in so doing is a Capital Enemy to the Common-wealth And our Ancestors have so declared and adjudged the Advisers of some of our Kings to attempts not so destructive or dangerous as this of his In the 11th year of Richard the Second Chief Justice Tresilian and Justice Blake were Condemned of High Treason by the Parliament and executed at Tyburn chiefly for advising the King that he might when he pleased dissolve the Parliament and command the Members to depart under the penalty of Treason And we believe every Man can discern how much it is more mischievous for a King or any other to command 100 200 or 300 of the Members to depart and to call the rest a Parliament to give Countenance to his Oppression If our Kings might have Commanded away from the Parliaments all such Persons of Conscience Wisdom and Honour as could not be corrupted frighted nor couzened by them to betray their Countrey our Ancestors could not have left us either Liberties or Estates to defend Secondly We do further likewise protest That all such chosen Members for a Parliament as shall take upon them to approve of the forcible exclusion of other chosen Members or shall Sit Vote and Act by the name of the Parliament of England while to their knowledge many of the chosen Members are so by Force shut out We say such ought to be reputed Betrayers of the Liberties of England and Adherents to the Capital Enemies of the Common-wealth Thirdly We do hereby further protest That the present Assembly at Westminister is not the Representative Body of England and also that they sit under the daily awe and terror of the Lord Protectors armed Men not daring to Consult or debate freely the great Concernments of their Countrey nor daring to oppose his Vsurpation and Oppression And that therefore until there can be a free Parliament we do protest against all such Votes Orders Ordinances or Laws as shall be pretended to be made or Enacted by the present Assembly at Westminster as being Null and Void in themselves and of no legal Effect or power Neither can any of them according to the Laws of God or the Fundamental Constitutions of our Countrey be imposed upon any Man neither can Tax or Tallage be justly or lawfully raised by them And to avoid all further vain pretences of a necessity at present to act in extraordinary ways for present Safety we do further declare That a free Parliament is the only Judge of such dangers and necessities of this Common-wealth as may warrant any extraordinary acting besides or against the Laws and if the Kingly power that was in England were lawfully settled in the Lord Protector yet he had no colour of Right to Judge of the Cases of necessity that should make it lawful for him to transgress the known Laws But by the known Judgment of Parliaments those that should so advise him were guilty of High-Treason We do therfore Appeal unto God and all the good People of England for Assistance and Protection in their service hereby declaring our readiness and earnest desires to attend upon our Countreys service Expose our Lives and Estates to the uttermost hazards therein to prevent the ruin and Confusion that now threatens it if it shall please God to Enable them to redeem themselves from the present oppession That their chosen Deputies may meet and Consult how to advance the Glory of God promote the true Religion and provide for the Safety Liberty Peace and Happiness of the Common-wealth And in the Interim we shall endeavour to pour out oursad Complaints before the Lord against our powerfull Oppressors humbly hoping that he will come forth speedily to redeem his people out of the hands of wicked and deceitful men Arthur Haslerig Thomas Scot Herbert Morley John Bulkley John Birch George Fenwick Anthony Earby Thomas Lyster Thomas Birch Thomas Saunders Henry Darly John Weaver
Ireland Anglesey Treaty Lots Scarborough C. Ashton Assembly Cromwell Declaration Isle of Wight Cromwell Scotland Cromwell Mank Admiralâ—y Vote Admiralty Assaults Petition Letter from the King Chaplains Vote Monroe Petition Cromwell Free quarter Scotland Monk Goring Capel Petition Berwick and Carlisle Isle of Wight reduced Officers Isle of Wight Sacriledge Liturgy Scotland Petitions Isle of Wight Vote Serjeants at Law Judges Isle of Wight Petition Appleby Cromwel Ireland Isle of Wight Army Petitions Isle of Wight Propositions Mr. Vines Vote Sir Henry Cholmely Free quarter Isle of Wight L. Goring and L. Capel Scotland Lambert Sir Henry Cholmley Exempted from pardon Newcastle Vote Scotland Votes Unsatisfactory Ireland Army Votes Bishops Lands Cromwel Petitions Army Vote Pomfret Rainsborough killed Vote Isle of wight Vote Isle of night Excepted from pardon Northern Counties Petition Army Excepted from pardon Lambert Pardon Isle of Wight Ireland Army Isle of Wight Banishment Votes Isle of Wight Excepted persons Army Lambert Pontefract Army Isle of Wight E. Warwick Votes Speech Sermon Isle of Wight Scotland Treason Isle of Wight Anny Speech to the Serjeants Remonstrance Isle of Wight Excepted persons New Sergeant C. Birch Judges Isle of Wight 〈◊〉 Sheriffs Army Isle of Wight Army Isle of Wight Army Declaration Isle of Wight Army London Isle of Wight Army Army The King removed Pontefract Scarborough Ireland Vote Army C. Pride's force upon the House Army Army-Proposals Secluded Members Army City Agreement of the people Ireton Army Votes Army Prisoners Vote Militia Army Hurst Castle Secluded Members Army-Declaration Malignants Expedient Army Army Secluded Members Petition Army City Design against the King Debates Scarborough Navy Dissecting Memberâ— Lord Willoughby Petition Mr. Elsing Petitions The King Widdrington and Whitelok The King Allegiance Charge Lilburn Fasts Distractions Kings Judges Vote Elsing Players Scotland Presbyterians The King Lords Navy Lords Journal Vote Votes London Scots Style London Ireland The King Lords Proclamation Votes Style Great Seal H. Martin Proclamation Petition Pryn. Kings Tryal Pryn. Habeas Corpus Pryn. Secluded Members Chief Justice Rolles Style Navy Petition Agreement of the people High Court of Justice Great Seal Speaker Army Perplexiâ—es Petition High Court of Justice Declaration France Style Scotland Petitions High Court 〈◊〉 Justice Commissioners of the great Seal House of Lords Lieutenant of the Ordnance High Court of Justice Agreement of the people Petition Great Seal Army Petition Answer The King Great Seal High Court of Justice Scotland Army High Court of Justice Commissioners of the great Seal Lady Fairfax Style High Court of Justice H. C. of Justice 〈◊〉 〈◊〉 C. of â—ustice France Style Heads of the Charge H. C. of Justice Style Proclamation Secluded Members Dutch Ambassadors Style Kings Children Scots Kings Speech Dr. Juxon Dutch Ambassadors Duke Hamilton Monthly Fast Secluded Members Vote D. Hamilton c. L. Capell Lords Surrey Petition Kent's Petition High Court of Justice House of Lords Dutch Ambassadors High Court of Justice Pamphlets Scotland Debate House of Lords Voted useless Debts Ireland Debate Vote Council of State Commissions Great Seal Judges Great Seal Widdrington Whitelockâ— Commissioners of the Great Seal Style Justices of the Peace Judges Vote Timber Scotland H. C. of Justice Upper Bench. New Oath E. of Holland Navy New Oaths Scotland Februa Council of State H. C. of Justice L. Capel Hamilton Council of State Powers Hamilton Dutch Ambassadors L. Goring Sir John Owen Seals L. Capel Hamilton Prince Elector Cromwell Hamilton Scotland Pontefract Test Scruples Earl of Warwick L. Capel Expedient Hamilton Army Vote Earl of Holland Navy Cromwel Scots Paper Declaration Lilburd Petition Hamilton E. of Holland Ireland Scotland Fasts Scots March London Norwich Army C. Whaley Petition Standard Sir George Ascue Earl of Holland Hamilton Charge Vote Prince Elector Scotland Standing Army Hamilton Votes L. Capell L. Goring Earl of Holland Hamilton Hamilton Earl of Holland L. Capel General Seal Poor Prisoners Wales Bradshaw Prisoners of War Pontefract Scotland Norfolk Petition Council of State Scotland Prince Elector Vote Tryals for life Ireland Cromwel Durch Ambasadour Kingly Office abolished Elections Petition Pamphlet Fairfax Alcoran House of Peers abolished Animosities Lady Carlisle Scotland Disband Bradshaw Denmark Kingly government Cromwell Ireland Ormond C. Jones Pontefract surrendred 1649. Ireland Irish Peace Cromwell Pamphlet Yorkshire Scots Instructions Huntley Dutch Ireland Preachers Ministers Cromwell April Souâ—â—wark London Cromwell Fairfax C. Potley Lord M. of London Petitions Anabaptists M. Huntly Declaration of Religion Alderman Atkins Petition New Oath L. Mayor Ships Petition London London Prisoners Great Seal London Lilburnâ— Whitelock C. Powel M. G. Laughern London Hague Ministers Priviledge Iustices of the Peace Ministers New Stamp Guinneâ— Earl of Pembroke Knight of the Shire Petitions Lilburn Pool Prince Rupert Ireland Tythes London Levellers Lilburn Lady Capel Ireland Fast-days Poor Debtors Levellers Lots for Ireland King of Scots Speaker Laughern Powel Poyer cast Lots for Life Du Moulin Petition for Lilburn Navy Scotland Petition Lilburn The King of Scots P. Elector Kings Children NewCoyn Women petition for Lilburn Answer Poytr Act of Oblivion Vote Henry Martyn A project for Learning Speaker Mutiny Kings Children M r Lockier Funeral Ireland Famine Scots Treasons Levellers Form of Government May. Ambassador Petitions Dr. Dorislaus Levellers Levellers Act for Treason Dr. Dorislaus Levellers routed Dorislaus Master of the Mint Declaration Dorislaus Levellerâ— Dorislâ—us Comonwealth Licensing Books 〈◊〉 D. of Glocester Sir Thomas Fairfax London invites the Parliament Dinner Declaration Judges Sir Thomas Soames Alderman Chambers New Mace June Speaker Parliament feasted Vote Dorislaus Scotland July Acts. Cromwell Scotland The Kings Houses Letter to the Parliament Ireland Prince Charles Vote Yorkshire Petitions Ministers Ireland Taylors Petitions Ireland Ireland St. James Library Scotland Ireland Monk Scotland Acts August Debate Ireland Scots Declaration Poor Prisoners Monk question'd Vote Dublin Ormond Routed Scotland Monk Jones Petition Answer Votes Sir Charles Coot Chancery Irish Letters Morrice and Blackbourn Ireland Tender Consciences Lilbourn Complaints French Trade Votes Lieuten of Ireland Ireland Sir Thomas Coot Vote Speaker taxed Army Poor Proclamation 〈…〉 C. Fielder Sir K. Digby Walter Montague Scots Letters Poor Prisoners Sir J. Winter Oath Levellers Intercept Letters Levellers at Oxford Septemb. Cardinal Mazarine Levellers Strickland Irish Affairs proclamation Mr. Peters Votes Irish Instructions Lerellen Duke of 〈◊〉 Psalms â—â—ellers Declaration Army Humiliation Letters from Hugh Peters Letters from Cromwel October Drogheda Scots Petition Acts. Scots Overtures Montross Negotiation in Spain Reasons Novemb. Intelligence Prince Maurice Prince â—â—pert Cromwel Parliament Lawyers Rot. Parl. N. 13. Rot. parl Rot. parl 2. N. 4. dorse Hist Eng. Anno 1404. p. 37. Ypodiâ—ma Neustriae aâ—â— 1404. The Iriment Votes Army Letters from Ireland Letters from Scotland Montross Denmark C. Bampfield Scots Kings Lands Ireland Sir Allen Apsly Scotland Montross Victory in Ireland Montro ss The Ingagement Acts of Parliament London Petition Lilburn Declaration of the Kirk Inchequin Janua Ireland L. 〈◊〉 Frigots Iealousâ—
places of Judicature 6. Delivery up of Ships to the French 7. Mis-imployment of Three Subsidies and Three Fifteens They Ordered That the Duke on whom these Misdemeanours chiefly reflected should have Notice of the Intention of the House of Commons suddainly to resume the Debate of these things There served in this Parliament in the House of Commons many persons of Extraordinary Parts and Abilities whose Names are in the List of those times Mr. Clement Coke in his Speech in the House of Commons concerning Grievances said That it were better to dye by an Enemy than to suffer at home The Lords ready to comply with the Kings desires appointed a Committee to consider of the Safety and Defence of the Kingdom and Safeguard of the Seas The Committee advised one Fleet to be presently set out against the King of Spain and another to Guard our Coasts and Merchants this was sent to the House of Commons but not well resented by them The King sent a smart Letter to the Speaker pressing for present Supplies and promising Redress of Grievances presented in a dutiful and mannerly way and this was further urged by Sir Richard Weston To Know without further delay of time What Supply they would give unto the King To this the Commons returned a general Answer promising a Supply The King Replyed As to the Clause of presenting Grievances that they should apply themselves to Redress Grievances not to Inquire after them And said I will not allow any of my Servants to be questioned among you much less such as are of Eminent Place and near unto me I see you especially aim at the Duke I wonder who hath so altered your Affections towards him Then he mentions the Honour that the last Parliament of his Father Expressed to the Duke and labours to Excuse him and concludes I would you would hasten for my Supply or else it will be worse for your selves for if any Evil happen I think I shall be the last that shall feel it This was suspected to be the Advice of the Popish Councellors to cause a Breach betwixt the King and his Parliament who thereupon mentioned the Duke as the chief Cause of all Publick Miscarriages and Dr. Turner a Physitian propounded his Quaeries to that purpose Upon the Opinions of Sir Thomas Wentworth Noy Selden and others the House Voted That Common Fame is a good Ground of Proceedings for that House The King sent a Message to the Commons by Sir Richard Weston That he took Notice of the Seditious Speech of Mr. Coke and of Dr. Turners Articles against the Duke of Bucks but indeed against the Honour and Government of the King and of his Father That he cannot suffer an inquiry on the meanest of his Servants much less against one so near him and wonders at the foolish impudence of any Man that can think he should be drawn to offer such a Sacrifice much unworthy the Greatness of a King and Master of such a Servant He desireth the Justice of the House against the Delinquents That he be not constrained to use his Regal Power and Authority to Right himself against these two Persons Dr. Turner Explained himself and said That to Accuse upon Common Fame was warranted by the Imperial Laws and by the Cannons of the Church That this House in the time of Henry the Sixth did upon Common Fame Accuse the Duke of Suffolk And that Sir Richard Weston himself did present the Common Vndertakers upon particular Fame The next Day Dr. Turner wrote a Letter to the Speaker to excuse his not attending the House by reason of Sickness and submitting to their Judgments but not acknowledging any fault Sr. John Elliot made a bold and sharp Speech against the Duke and present Grievances yet in the midst of those Agitations The Commons remembred the Kings Necessities and Voted to grant Three Subsidies and Three Fifteens Upon a Message from the King both Houses Attended him at Whitehall Where he gave the Lords thanks and showed the Commons their Errors and referred particulars to the Lord Keeper who in a plain speech assured the Commons That after the great Affairs setled and satisfaction to the Kings Demands he would hear and answer their just Grievances Tells them That his Majesty excepts to the not punishing of Coke and Turner he praiseth the Duke and his Merit from King and Parliament and declares the Kings Pleasure that they proceed no further in the inquiry touching the Duke And saith That the Supply Voted is not suitable to the Ingagements requires a further Supply and their Resolution thereof by a Day else they are not to Sit longer nor will the King expect a Supply this way Then the King spake again and mentioned Mr. Coke and said It was better for a King to be Invaded and almost Destroyed by a Forreign Power than to be despised by his own Subjects And bids them remember That the Calling Sitting and Dissolving of Parliaments was in his Power Being informed That the House of Commons ordered their Doors to be shut whilst they Debated hereof and that they misunderstood some passages in his Speech and in the Lord Keepers The King ordered the Duke at a Conference of both Houses to Explain it Which being done the duke gave them an Account of the business in Spain and indeavours to vindicate himself in that and all his Negotiations both at home and abroad since his being at Oxford and that he did nothing in single Councels excuseth his not going with the Fleet his Master commanding him into the Low-Countries to Treat with the King of Sweden of Denmark and the States Then the Lord Conway made a large Vindication of the Duke in the Publick Transactions The Lords Petitioned the King against the Precedency chalenged by the Scotch and Irish Nobles To which the King Answered That he would take order therein The Lord Conway wrote a Second Letter to the Earl of Bristol by the Kings Command to Know Whether he would choose to sit still without being questioned for any Errors in his Negotiation in Spain and injoy the benefit of the late Pardon or else would wave the Pardon and put himself upon a Legal Tryal Bristol in Answer would not wave the Pardon nor justifie himself against the King and so makes a doubtful Answer Then he Petitions the Lords for his right of Peerage to have a Writ to attend the House and that after two years restraint he may be brought to his Tryal in Parliament The Lords Pray the King That Bristol and other Lords whose Writs are stopped may have their Writs and they had them and the Duke showed the Lords a Letter from the King to Bristol charging him That when the King came first into Spain Bristol advised him to change his Religion and that he prejudiced the Business of the Palatinate Bristol by Petition to the Lords acquaints them That he had received his Writ to attend the Parliament but withal a Letter
time The House of Lords Voted Nemine contradicente That no Lord ought to be Committed sitting the Parliament but by Judgment of the Parliament except for Treason Felony or breach of the Peace And in Pursuance thereof they Voted a Remonstrance to the King to declare their Right and to Pray his Majesty to release the Earl of Arundel which was presented but no Answer being given to it the Lords presented another Petition to the King for an Answer to their former Petition to which the King returned his dislike The Exception taken by the King was at the Words to have a present Answer whereupon the word present was left out in a New Petition which pleased the King who sent for the Lords to Whitehall and Courted them but thinks they mistrust him and shews the difference of the Cause of Commitment of the Members of the House of Commons and the Earl of Arundel and saith He hath just cause of detaining the Earl of Arundel in prison which he will acquaint them with as soon as possibly he can The Lords present a new Petition to the King That he would be pleased to release the Earl or to declare the cause of detaining him in Prison That it was contrary to their priviledge To which the King answered That he would give them satisfaction before the end of this Session The House Adjourned till the next day and after that for a week and then at their Meeting the King signified to them That he would within a Fortnight either release the Earl or show the Cause And at the new meeting of the Lords the King took off the Restraint of the Earl of Arundel The Commons Committed Mr. Moor one of their Members for speaking words reflecting upon the King At this time Cambridge chose the Duke of Bucks for their Chancellour to please the King and shew their dislike to the Commons The Earl of Berks Name was in Competition but he had too much Courtship and too little Spirit to Contest and so he desisted The House of Commons would have Interposed by their Letter against the Dukes choice but the King forbad it challenging those Matters to belong to him and Justified the Duke to the House and by Letter to Cambridge approved their Choice of the Duke The Duke with an Ingenious Speech ushered in his Answer to the Impeachment of the Commons whom he courted yet Justified himself and said That his accuser Common Fame was too subtle a Body for him to Contest with and he doubted not but in time it would be found that Common Fame had abused both them and him His Answer to the several Thirteen Articles against him was distinct and in most of them carryed a fair colour and the chief strength of his Answer was upon the Knowledge of the King and his Father and their direction of the particular passages with his obedience thereunto and following the Advice of the Councel He denys having the Twenty thousand pound of the Earl of Manchester or Six hundred pound of the Earl of Middlesex or the Ten thousand pound of the East India Company but saith the King had those Sums and the Earl of Manchester had satisfaction by the Kings lands for the Twenty thousand pound and the Six thousand pound was given by the King to Sir Henry Mildmay He absolutly denys that he applyed the Plaister or gave the Drink to King James in his sickness but the King knowing that the Duke had been cured of an Ague by a Plaister and a Drink the King would have them and took them some of his Phisitians then being present and allowing them and tasting the drink He concludes with praying the benefit of the General Pardon of King James and this Kings Coronation Pardon to be allowed him The King sent to the Commons to quicken them about the Subsidies They Petitioned the King about Recusants and named those in Places of Government and Trust and Pray they may be put out and by their desire they attend the King where by their Speaker and in Writing they profess their Affection and Loyalty to the King but they desire that His Majesty would not permit the Duke to have any more access to him They agreed upon a Remonstrance against the Duke and concerning the taking of Tunnage and Poundage though not granted to him by Parliament And this they did because they heard that the King intended to Dissolve the Parliament and by Petition they prayed him not to Dissolve it but the King would not receive the Petition but said He was resolved to Dissolve the Parliament and directed a Commission for that purpose and accordingly the Parliament was Dissolved June the Fifteenth one thousand six hundred twenty six unhappily Thus this great warm and Ruffling Parliament had its Period The Common dispersed Copies of their intended Remonstrance which is in Rushworths Collections with the Grounds and Causes held forth by the Kings Declaration for Dissolving this and the former Parliament and the King published a Proclamation against the Parliaments Remonstrance and for the suppressing of it Sir Thomas Chamberlain chief Justice of Chester dyed and Sir John Hobert Baronett chief Justice of the Common Pleas who was a Learned Judge a grave and smooth man After the Parliament was dissolved the King caused an Information to be preferred in the Star-chamber against the Duke of Buckingham for the same Matters contained in the Articles of Impeachment in the Parliament against him to which the Duke put in his Answer and Witnesses were examined but it came not to hearing The privy Councel advised the King to take Tunnage and Poundage and an Instrument to be past under the Great Seal for his taking of it until it could be past by Parliament A Commission Issued to compound with Recusants The King required a Loan of Money and sent to London and the Port Towns to furnish Ships for guard of the Seas Noy a great Antiquary and afterwards Attourney General had much to do in this business of Shipmoney The Deputy Lieutenants and Justices of Dorsetshire excused themselves and said The Case was without president London being rated twenty Ships desired an abatement to ten and two Pinnaces the Councel denyed it and in Answer to their presidents said That the Presidents in former times were Obedience and not Direction A Benevolence was likewise required Then a General Fast was appointed Commissions Issued out for Musters and power of Martial Law was given and the Inhabitants of the Sea Coasts required to repair to and dwell upon their Estates Ships were sent by our King to the Elbe which discontented the Hamburgers they were recalled The King of Denmark declares to assist the Elector Palatine against the Emperour Tilly Fights with him and gives him a Defeat Our King requires a general Loan according to the rate of the Subsidy with promises to repay and that it shall be no president To the imposing of Loans was added the Billetting of Souldiers Martial Law was
executed and the Soldiers committed great outrages Sir Randâ—l Crew Chief Justice not favouring the Loan was put out of his Place and Sir Nicholas Hide who drew the Dukes Answer in Parliament was preferred to be the Chief Justice The Bishop of Lineoln for speaking words against the Government and for countenancing Non-Conformists was complained of by Sir John Lamb and others and they Informed That Fasts were kept and Money Collected by the Puritans for the Palatinat and that the Bishop would not proceed against them The Bishop got a Copy of the Informations against him Bishop Laud was Jealous that Lincoln Endeavour'd to be reconciled to the Duke Six thousand English in service with the States were commanded thence under General Morgan to join with the King of Denmark Some who refused to lend Money to the King were forced to Serve in the Kings Ships then going forth and refusers in the Country were some of them Committed and the meaner sort pressed to serve as Soldiers Dr. Sibthorp published a Sermon Preached by him to Promote the Kings Affairs wherein he delivered his Opinion That the King might make Laws and do whatsoever pleaseth him Dr. Mainwaring Preached the same Divinity and highly against the power of Parliaments The Papists were forward in the Loan and the Puritans were Recusants in it Abount this time the Earl of Denbigh had one hundred Sayl of Ships under his command in our Seas but his Excellency having no Commission to Fight suffer'd divers English Vessels to be taken away by our Enemies in his view without Rescue by their Countrymen Some Ships taken for Prize being brought before him as Admiral it was wondred at that almost all of them were by him adjudged to be no Prize and so released but one Captain pursued a released Ship and took her again brought her to London and in the Admiralty she was adjudged Prize and he Enjoyed the benefit whatever the Earl of Denbigh did before Distastes and Jealousies were raised about the Government of the Queens Family wherein the King held himself traduced by some French Servants who said that the King bad nothing to do with them he being an Heretick The Queen was brought to Insist upon it as part of the Articles that She should name all Her Servants and some unkindness arose upon it The King was also distasted That her Priests made the Queen to walk to Tyburn on Pennance Upon these passages the King dismist and sent back into France all the Queens French retinue acquainting the French King with it and Excusing it to him but it was ill resented in France and by them held contrary to the Articles of Marriage The Jarring with France brake out to an open War which was fomented by an Abbot here in disfavour with Cardinal Richlieu to put an affront upon the Cardinal and Mr. Walter Mountague Endeavoured to further it and the pretence was to assist those of the Religion in France Our King took that ground and the denial of Count Mansfields Men to land in France and the influence of the Councils of the House of Austria upon those of France and the Imbargo of our Merchants Ships there sufficient causes for a War The Duke of Bucks is appointed Admiral and General of the Sea and Land Forces prepared against France And hath power to make Knights c. He comes before Rochel with one hundred Sayl of Ships and desires them to joyn with him in behalf of the Protestants in France but the Rochellers returning thanks to our King and to the Duke answered That they were bound by Vnion and Oath not to do any thing without the consent of the rest of the Religion The Duke was advised to land his Men at the Isle of Oleron which was weak and ill provided and not at the Isle of Rea which was strong and well provided but he altered his Design and Sailed to Rea and there landed Twelve hundred Men whom the French encountred but the English forced their way and all the Army was landed in the Island Yet did they not take their advantage against the French but suffered the Governor to have five days to recover his loss and to get in as he did new Forces and Provisions in the mean time the Duke published a Manifesto of the Causes of this War particularly the King of France his Imploying our Ships against Rochel contrary to his promise and agreement The Gentlemen here who refused to pay the Loan were confined into other Counties and in close Imprisonment and some of them in common Goals Sir John Elliot one of them in a Petition to the King sets forth the Illegality of the Loan or of any Tax without Parliament taking this way to Inform the King what his Councel did not and he alledgeth his Conscience not to submit to it and prays his liberty but could not obtain it Sir Peter Haiman another refuser was sent upon an Errand as far as the Palatinate The Arch-Bishop Abbot was suspended for refusing to licence Dr. Sibthorps Book a Sermon for Absolute Power and a Commission was granted to several Bishops to exercise the Archiepiscopal Jurisdiction Of all which proceedings touching himself the Archbishop left a grave and ingenious Narrative which may be read at large in Rushworths Collections Five of the Imprisoned Gentlemen by Habeas Corpus were brought to the Kings Bench and by their Councel Assigned took Exceptions to the Return for that it had not the cause of their Commitment but of their detainer in Prison per speciale Mandatum Regis which is no particular cause and the Law being most tender of the Subjects Liberty Noy Selden Brampston Calthrope and others who were of Councel for the Prisoners prayed they might be Released and Discharged Heath the Kings Attourney at another Day argued in Maintenance of the Return Hide chief Justice declared the Opinion of the Court That the Return was Positive and Absolute by the Kings special command and the signification of it by the Lords of the Council is only to inform the Court. And that the Habeas Corpus is not to return the Cause of the Imprisonment but of the detention in Prison that the matter of this Return is sufficient and the Court is not to examine the truth of the Return but must take it as it is So the Prisoners were Remaunded The Report of this Case may be found in Rushworths Collections Anno 1627 The King resolves to send supplies to the Isle of Rea and Souldiers and Mariners are press'd for that purpose but many of them not liking the business run away from their Conductors hereupon it was resolved by all the Judges That If one be retained to serve the King beyond Seas and press money deliver'd to him and by Indenture he be deliver'd to a Conductor to lead him to the Port where he is to be shipped and he run away from the Conductor that this it Felony by the Statutes 7 H. 7. ch
whose Country Gustavus then was become Master of the Field but his Successes caused him to propound the harder Conditions to the Elector to hold his own Patrimony that he refused them but afterwards the King of Sweden by Mediation came to more moderate terms But that Business was cut off by the death of that King which in its time will be remembred This Term the business of the Death of Doctor Lamb was in the King's Bench wherein it appeared that he was neither Dr. nor any way Lettered but a man odious to the Vulgar for some Rumors that went of him that he was a Conjurer or Sorcerer and he was quarrelled with in the Streets in London and as the people more and more gathered about him so they pelted him with rotten Eggs Stones and other riff raff justled him beat him bruised him and so continued pursuing him from Street to Street till they were five hundred people together following of him This continued three hours together until Night and no Magistrate or Officer of the Peace once shewed himself to stop this Tumult so the poor man being above eighty years of age died of this violence and no Inquisition was taken of it nor any of the Malefactors discovered in the City For this negligence an Information was put into the King's Bench by the Attorney Noy against the Mayor and Citizens and they submitted to the Grace of the Court and were in open Court fined fifteen hundred Marks by the Common Law not upon the Statute of 28 Edw. 3. nor upon the Statute of 4 H. 8. This Trinity Term Judge Whitelocke fell ill of a Cold which so increased upon him that he was advised to go into the Country whereupon he took his leave of his Brethren the Judges and Sergeants and was cheerfull with them but said to them God be with you I shall never see you again and this without the least disturbance or trouble of his thoughts And soon after he came into the Country on 22th day of June he died and in his death the King lost as good a Subject his Country as good a Patriot the Peeple as just a Judge as ever lived all honest men lamented the loss of him no man in his age left behind him a more honoured Memory His Reason was clear and strong and his Learning deep and general he had the Latine Tongue so perfect that sitting Judge of Assize at Oxford when some Foreigners Persons of Quality being there and coming to the Court to see the manner of our proceedings in matters of Justice this Judge caused them to sit down and briefly repeated the Heads of his Charge to the Grand Jury in good and elegant Latin and thereby informed the Strangers and the cholars of the ability of our Judges and the course of our proceedings in matters of Law and Justice He understood the Greek very well and the Hebrew and was versed in the Jewish Histories and exactly knowing in the History of his own Country and in the Pedigrees of most Persons of Honour and Quality in the Kingdom and was much conversant in the Studies of Antiquity and Heraldry He was not by any excelled in the knowledge of his own Profession of the Common Law of England wherein his knowledge of the Civil Law whereof he was a Graduate in Oxford was a help to him his learned Arguments both at the Bar and Bench will confirm this truth Soon after the death of this Judge there died a great Church-man Abbot Archbishop of Canterbury in a good old age and left behind him the memory of a pious learned moderate Prelate and in his room succeeded Laud then Bishop of London who was in eminent favour with the King as appears by this Translation of him to the Metropolitan Dignity of the Church of England to be Archbishop of Canterbury Some of our Stories relate that not long after his Translation to the See of Canterbury Laud was offered a Cardinals Cap from Rome but that he refused being as high already as England could advance him and he would not be second to any in another Kingdom This new Archbishop in the end of Summer about Michaelmas came from London to Oxford there to attend the King and to entertain him in the University where Laud was also Chancellour Collonel Saunderson was sent by our King with two thousand English to the Emperor of Rushia to assist him against the King of Poland He was there upon a private difference between them basely murdered by Colonel Lesley a Scotch-man The Muscovites were overthrown by the Polanders no Justice done upon Lesley but he came to this deserved end that he was thrown down from a Tower upon the ground and so died The Protestants in Ireland were discontented at the grace and favour shewed to the Papists there the Lord Wentworth was sent over as Deputy in that Kingdom to settle the Affairs and People there The King of Sweden proceeded successfully in Germany till the Battel of Lutzen where he was slain some say by one of his own people others say by the Enemy in the fight he was trampled under foot by the horse so that his body could hardly be known Papenheim was slain in the same Battel The Swedes contrary to expectation and course of others at the death of their King were so inraged that falling furiously upon the Imperialists they gained a great Victory Anno 1632 A little after this the Prince Elector King of Bohemia dyed as was supposed of the Infection of the Plague which he had taken at Coloign or at Mentz Wallestein was suspected of treachery to have designed a conjunction with the Swedes against the Emperor and was suddenly murthered by Butler a Scotchman This year dyed three Kings Sigismund King of Poland and Gustavus Adolphus King of Sweden and Fredericke King of Bohemiā besides many great persons both in England and in Foreign parts of every Degree and Sex The King sent the Earl of Leicester Ambassador to the King of Denmark to condole the death of his Mother and to demand a portion due to our Queen and to the Queen of Bohemia according to the Law of Denmarke About this time Mr. Prinne published his Book called Histrio-Mastrix by Lycence of Archbishop Abbot's Chaplain which being against Plays and a Reference in the Table of the Book to this effect Women actors notorious Whores relating to some Women actors mentioned in his Book as he affirmeth It hapened that about six weeks after this the Queen acted a part in a Pastoral at Somerset house and then the Archbishop Laud and other Prelates whom Prynne had angered by some Books of his against Arminianism and against the Jurisdiction of the Bishops and by some Prohibitions which he had moved and got to the high Commission Court These Prelates and their Instruments the next day after the Queen had acted her Pastoral shewed Prynne's Book against Plays to the King and that
Fortification at Leith and their meetings and Councils and inforce Subscription to the late Assembly at Glasgow contrary to the King's declaration they Brand those who had taken Arms for the King as Incendiaries and Traytors and null all the Acts of the College of Justice Matters being in this doubtful posture the King had little mind to see himself affronted and thought that these distempers might be better born and sooner quieted at a distance Therefore towards the latter end of July he returns to England This year was the great and strange Eruption of fire near the Ferrera Islands with a horrible noise and carrying a huge quantity of earth with it whereby became a new Island and continuing in burning The King being returned to London with his pacification the same was not well relished by many of his Subjects who held it dishonourable to him and to this nation especially having so brave an Army with him far exceeding the Covenanters forces both in Horse and Foot by whom he might have constrained them to reason but those who inclined to Presbytery or were discontented at some publick actions were the better pleased with this pacification August 6. According to the King's Direction the general Assembly â—ate at Edenburgh who abolished Episcopacy the 5 Articles of Perth the high Commission the Liturgy and the Book of Canons all this was assented to by the Earl of Trequayre the King 's new Commissioner The Marquess Hamilton having gotten himself out of this troublesome imployment The Assembly being risen the Parliament sate and highly debated about the choice of the Lords of the Articles in regard the Bishops were abolished The Ancient course was that the King first named eight Bishops they chose eight Noblemen who chose so many Barons and they the like number of Burgesses these thirty two with eight officers of the Crown made up fourty who were to consider upon such Articles as were to be brought to Parliament and this Committee were called Lords of the Articles The Commissioner demanded that the King instead of the eight Bishops whom he used to name might now in their place name eight Noblemen which for this time was consented to but voted that for the future every State should chuse their own Commissioner Anno 1639 Then they debated about constituting the third Estate and what to be brought in in lieu of the Bishops The Commissioner urged for the King to have 14 Laicks of such as were called Abbots and Priors to represent the third Estate but it was voted that the third Estate should be compleated by small Barons who represented the Commonalty Then they framed an Act rescissory touching the Exchequer Judicatory Proxies and Ward-Lands to the displeasure of the King who apprehending them to indeavour a new form of Government and to eclipse his Regal Power order'd his Commissioner to prorogue them Which being signified to the Parliament they made a Declaration that this Prorogation was of no force in Law being without consent of the Parliament that they might justify their continuance of sitting but in regard to his Majesty they would only at present make a Remonstrance to him of the reasons of their Propositions and Proceedings after which if their Enemies should prevaile by false suggestions that then it should not be to them an imputation that they were constrain'd to take such course as might best secure the Kirk and Kingdom from the extremity of Confusion and Misery Their Deputies the Earl of Dunferlin and the Lord Loudon came to the King with this Remonstrance and there was come the Earl of Trequayre the King's Commissioner a Committee of the Council heard both Parts and many passionate Expressions and Recriminations between them The Deputies justified the Acts of the Assembly and Parliament and desired they might be ratified the which the Committee thought not fit to be done as lessening the Sovereign Authority and that there was no way but by force to reduce the Covenanters The Scots had delivered a Paper to some of the English Lords intituled some Conditions of His Majestie 's Treaty with His Subjects of Scotland before the English Nobility The Privy Council judging this Paper to be false and scandalous to his Majesty and the late Pacification were suitors to His Majesty that it might be burnt by the hand of the Hangman and all Copies of it to be brought in for which a Proclamation was issued The Spanish Fleet of about 70 Saile bound for Dunkirke with recruits of Men and Money met with some of the Holland Fleet and sank two of them the rest made to Dunkirke where the Holland Admiral lay who came forth with his Fleet and joyning together betwixt Dover and Callice attacked the Spanish Fleet took two of their Gallions sunk another and shatter'd the rest though but 25 Saile and the Spaniard's 60 and having forced them upon the English Coast near Dover the Dutch fell off to Sea not willing to attempt any thing against the Spaniard within the Dominions of the King of England The Spanish Resident in London importuned the King to keep off the Hollanders for two Tides the Dutch Ambassador made application to him against the Spaniards the King in amity with both resolved to stand newter and forbids His Subjects to transport any of the Spaniards to Dunkirke but their Admiral by night conveyed away 14 Dunkirke Ships and 4000 men in them The King sent the Earl of Arundel on Board the Spanish Admiral Don Antonio D' oquendo to desire him to retreat upon the next fair Wind because he would not have any Ingagement upon His Seas but the Wind continued long contrary and the Dutch had great Supplies wherewith they encompassed their Enemies within Pistol-shot for some days At length Van Trump the Dutch Admiral ingaged them and by Cannon and Fire-ships forced them to cut their Cables and of 53 Spanish Ships 23 ran on shoar and stranded in the Downs of which three were burnt two sunk and two perished on the shoar the rest were manned by the English to save them from the Dutch With the other 30 Ships Don Oquendo put to Sea where in a Fogg the Dutch again ingaged them fired the Admiral of Portugal took 11 of their Ships three were lost upon the Coast of France one near Dover five sunk in the Fight and onely 10 escaped with their Admiral Oquendo into Dunkirke This Armado was believed by many to have been designed for an Invasion of England and many Discourses pro and con were vented about it The Prince Elector came into England by advice of the Prince of Orange to solicite his Uncle to procure him the command of the Army of Duke Bernard who was lately dead the King desired the French Ambassadour to move it to his Master who willingly undertook it and that Cardinal Richlieu would be ready to further it In the mean time the Prince by ill advice passed through France in disguise to
very earnest for Strafford's coming up to the Parliament for which he laid his commands upon him and told him that as he was King of England he was able to secure him from any danger and that the Parliament should not touch one hair of his head The Earl thank'd His Majesty but replyed that if there should fall out a difference between His Majesty and his Parliament concerning him that it would be a great disturbance to His Majestie 's affairs and that he had rather suffer himself than that the King's affairs should in any measure suffer by reason of his particular The King remained unalterable in his resolution concerning Strafford's coming up to the Parliament saying that he could not want his advice in the great transactions which were like to be in this Parliament and in obedience to his Commands the Earl came up to London The King in His speech to both Houses had told them that he was resolved to put himself freely upon the love and affections of His English Subjects He told them the wants of his own Army The Calamities of the Northern Countries where both Armies lay and freely leaves it to them where to begin promiseth Redress of Greivances and desires that all suspition of one another may be layd aside Some exception being taken that in his Speech he called the Scots Rebels He after explains and Justifies in his speech to the Lords The first week was spent in naming general Committees and establishing them and receiving a great many Petitions both from particular persons and some from multitudes and brought by troups of horsemen from several Counties craving redress of Grievances and of Exorbitances both in Church and State Many were inlarged out of Prison to make their complaints Prynne Burton Bastwick and others Many smart speeches were made in the House of Commons touching grievances which Mr. Pym divided into three heads 1. Against Privilege of Parliament 2. Prejudice of Religion 3. Liberty of the Subject Under the first head were reckoned 1. Restraining the Members of Parliament from speaking 2. Forbidding the Speaker to put a question 3. Imprisoning divers Members for matters done in Parliament 4. By Proceedings against them therefore in Inferiour Courts 5. Injoyning their good behaviour and continuance in prison even unto death 6. Abrupt dissolutions of Parliament Under the second head of Religion were mentioned 1. The suspension of Laws against them of the popish Religion Laws and Oaths will not restrain them the Pope dispenceth with all 2. Their places of trust and honour in the Common wealth 3. Their free Resort to London and to the Court to communicate their Councils and designs 4. As they have a College in Rome for the Pope's authority in England so they have a Nuntio here to execute it Under Innovations of Religion were brought in 1. Maintenance of Popish Tenets in Books Sermons and Disputes 2. Practice of Popish Ceremonies countenanced and enjoyed as Altars Images Crucifixes Bowings 3. Discouragement of Protestants by rigid Prosecution of the scrupulous for things indifferent no vice made so great as Inconformity 4. Incroachment of Ecclesiastical Jurisdiction 1. In fining and imprisoning without Law 2. Challenging their Jurisdiction to be appropriate to their order Jure Divino 3. Contriving and publishing new Orders of Visitation in force as of Canons the boldness of Bishops and all their subordinate Officers and Officiales Under the third head the Grievances 1. By Tunnage and Poundage unduly taken 2. Composition for Knighthood 3. The unparalell'd greivance of Shipmoney 4. Enlargment of the Forests beyond the due bounds 5. Selling of Nusances by compounding for them 6. The Commission for building 7. The Commission for Depopulations 8. Vnlawful military charges by warrant of the King Letters of the Council and Orders of the Lieutenants of the Counties and their Deputies 9. Extrajudicial Declarations of Judges without hearing Council or Arguments 10. Monopolies countenanced by the Council Table and Justices of the Peace required to assist them 11. The Star Chamber Court 12. The King's Edicts and Proclamations lately used for maintaining Monopolies 13. The ambitions and corrupt Clergy preaching divine authority and absolute power in Kings to doe what they will 14. The Intermission of Parliaments The Lord Digby mentioned the late Benevolence and the New canon Oath which he called a Covenant against the King for Bishops and the Scots Covenant is against the King and Bishops Many other Speeches were made by several Members all of them to the same Effect touching grievances The King made the Lord Cottington Constable of the Tower of London and placed there a Garrison of 400 men to keep the City from Tumults But the House of Commons and others without much unsatisfied thereat the King took off the Garrison and Commission of Constable and left the command of it to a Lieutenant as before Upon the extraordinary confluence of Popish Recusants to London the King sent a Message to the Parliament that by Proclamation they should be removed to their places of abode and disarmed The House of Commons ordered that all Projectors and unlawful Monopolists be disabled to sit in the House and many members thereupon withdrew themselves and new Elections were made in their Rooms Complaint was made to the Lords House of breach of their Privilege by search of the Pockets Cabinets and Studies of the Earl of Warwick and the Lord Brooke upon the dissolving of the last Parliament Sir William Beecher one of the Clerks of the Council who did it upon command of the Secretaries of State was committed to the Fleet. The House of Commons sent up a Message to the Lords by Mr. Pym The impeachment of the Earl of Strafford of high treason upon which the Earl was committed to the black Rod and Sir George Ratcliffe his confederate was sent for out of Ireland by a Serjeant at Armes The two Armies lay a heavy burden on the Counties where they quartered to ease which the Parliament borrowed 100000 l. of the City of London Upon suit of the Lords to the King the Bishop of Lincoln was released out of the Tower The Earl of Strafford moved that he might be bayled by divers Lords who offered to be Sureties for him which was denied but a Council and a Sollicitor were assigned to him In the house there fell out a Debate touching the writs of Habeas corpus upon which Selden and the rest of his fellow prisoners demanded to be bayled and the Judges of the King's Bench did not bayle them as by Law they ought but required of them Sureties for their good behaviours This was so far aggravated by some that they moved the Prisoners might have Reparation out of the Estates of those Judges who then sate in the King's Bench when they were remanded to prison which Judges they named to be Hyde Jones and Whitelocke as for Judge Crooke who was one of that Court they excused him as differing
next day he was accused before the Lords but he got up earlier gave them the slip and escaped into Holland The House of Commons upon debate of the Inconveniences by the intermission of Parliaments they appointed a Committee to bring in a Bill for a Triennial Parliament This Committee met often and was much frequented by all the Grandees of the House then in most repute after diverse and great debates and consultations they agreed upon the frame of a Bill as the same is extant The King taking notice thereof and of the many Petitions from several Counties subscribed with multitudes of hands and presented by great numbers of people and all the Petitions mentioning the late exorbitances and concluding for frequent Parliaments and against the Hierarchy of the Bishops The King being informed thereof and mistrusting the Inclination of the Parliament speaks to both Houses Of their slow Proceedings and the Inconveniences thereby in maintaining two Armies in the Kingdom at excessive charges and of the weakness of his Navy and Forts He takes notice of the strange Petitions from Counties against the established Government of the Church tells them He makes a difference between Reformation and Alteration of Government that he is for the first but not for the latter He will not say but that the Bishops may have over-stretched their power and incroached upon the Temporal If they will reform the Abuse he is with them he will consent to take away some temporal authority if they have any inconvenient to the State and not necessary to the support of Episcopacy But he cannot consent to the taking away their Voice in Parliament which they have so anciently enjoyed even before the Conquest and since and which he conceives he is bound to maintain as one of the fundamental Institutions of this Kingdom He wishes them to eschew another Rock upon the Bill for frequent Parliaments which he likes well but to give power to Sheriffs Constables and he knows not whom to doe his Office that he cannot yield unto The King had reprieved one Goodman a Priest who was condemned at the Old Baily the Commons desire the Lords concurrence and both Houses Remonstrate to the King the danger thereof in these times and the increase of Popery and boldness of Papists in resorting to Mass in London the King leaveth him to the Parliament The Treaty with the Scots Commissioners proceeded at London and their Demands were in effect all yeilded unto Upon their Seventh Demand from the Justice and kindness of the Kingdom of Reparation for their Losses and Charges a long Debate was in the House of Commons about framing the Words of the Question and the stating of it The Question stated was to give them Three hundred thousand pounds as a brotherly assistance towards their charges and losses The House commanded Mr. Speaker to write to the City of London to advance Sixty thousand pounds upon Security out of the next Subsidies which was done accordingly and several other Sums were advanced by them upon Security of the House for supply of the King's Army and providing for the Northern Counties The Dutch Ambassadour here made an Overture of a Marriage between William the young Prince of Orange and the King 's eldest Daughter the Princess Mary to which the King was well inclined but as his Condition then stood he thought fit to acquaint the Parliament with it which he did in a Speech to the House of Lords and That he thought the Alliance with the Prince and the Vnited Provinces would be of much Advantage to this Kingdom and shewed his Reasons for it The Proposition was generally affected and imbraced by all the People and without fears or jealousies upon our Liberties or Religion and was soon concluded The House of Commons sent up a Message to the Lords to acquaint them that the Commons were informed of a great Design of the Papists an Army of Fifteen thousand in Lancashire and Eight thousand in Ireland well Armed and in Pay raised by the Earls of Strafford and of Worcester this gave occasion for many other Petitions but nothing was made out of the Rumour thereof February 13 1640. Sir Robert Berkley one of the Judges of the King's Bench who gave his Opinion for Ship-money was Impeached by the Commons of High Treason in the Lords House and by their Command Maxwell the Usher of the Black Rod came to the King's Bench when the Judges were sitting took Judge Berkley from off the Bench and carried him away to Prison which struck a great terrour in the rest of his Brethren then sitting in Westminster-hall and in all his Profession This Judge was a very learned man in our Laws and a good Orator and Judge moderate in his ways except his desires of the Court-favour He redeemed himself afterwards by supplying the Parliaments Occasions with Ten thousand pounds and ended his days in a private Retirement Yet not without considerable gains by his Chamber-practice and left a plentiful Fortune to his Family The Committee for the Bill of the triennial Parliament had taken a great deal of pains in the framing of it and it being past both Houses the King was not without some Difficulty as it was reported perswaded to give the Royal Assent to it which he did in his Speech to both Houses setting sorth His Confidence thereby in them and in their future Proceedings and the favour he now did to his Subjects The King then also passed the Bill of Subsidies and both Houses by the Lord Keeper Littleton returned their humble thanks to his Majesty and by their Order were Bonefires and Bell-ringing signs of Joy throughout the City Mr. Pym was sent from the House of Commmons to the Lords with the charge of High Treason against the Archbishop Laud who was thereupon committed to the Tower Articles of Particulars against Episcopal Government were presented to the House of Commons annexed to some Petitions and being read in the House were referred to a Committee The Lord Digby spake smartly against them and for Episcopacy but not many others were very eager for them The Commons the tenth of March Voted That no Bishop shall have any Vote in Parliament nor any Judicial power in the Star-chamber nor bear any Authority in Temporal Matters and that no Clergy-man shall be in Commission of the Peace The King of Spain was brought low by the Defection of Catalonia Portugal and part of the Indies the loss of Arras and his ill Successes in Italy besides the approach of the Swedish War to the back of the Danube but this year was very fortunate to the French The Spaniards ill Success was attributed to the ill management of Affairs by the Conde de Olivarez his Favourite hated by the People as is usual And the good Successes of the French were attributed to the prudence of their Cardinal Richlieu He Invites the Duke of Lorrain to Paris where he was highly caressed but
into the fire these bloody and mysterious Volumes of constructive and arbitrary Treason as the Primitive Christians did their Books of curious Arts and betake your selves to the plain Letter of the Law and Statute that telleth us what is and what is not Treason without being more ambitious to be more learned in the Art of Killing than our Fore-fathers It is now full two hundred and fourty years since any man was touched for this alleaged Crime to this height before my self Let us not awaken these sleeping Lions to our destructions by taking up a few musty Records that have lain by the walls so many Ages forgotten or neglected May your Lordships please not to add this to my other Misfortunes let not a President be derived from me so disadvantageous as this will be in the Consequence to the whole Kingdom Do not through me wound the Interest of the Common-wealth and howsoever these Gentlemen say they speak for the Common-wealth yet in this particular I indeed speak for and shew the Inconveniences and mischiefs that will fall upon it For as it is said in the Statute 1 H. 4. No man will know what to do or say for fear of such Penalties Do not put my Lords such Difficulties upon Ministers of State that men of VVisdom of Honour and of Fortune may not with chearfulness and safety be imployed for the Publick if you weigh and measure them by Grains and Scruples the publick Affairs of the Kingdom will lie wast no man will meddle with them who hath any thing to lose My Lords I have troubled you longer than I should have done were it not for the Interest of these dear Pledges a Saint in Heaven hath left me At this word he stopt awhile letting fall some tears at her Memory then he went on What I forfeit my self is nothing but that my Indiscretion should extend to my Posterity woundeth me to the very Soul You will pardon my Infirmity something I should have added but am not able therefore let it pass And now my Lords for my self I have been by the blessing of Almighty God taught That the afflictions of this present life are not to be compared to the eternal weight of glory which shall be revealed hereafter And so my Lords even so with all tranquility of mind I freely submit my self to your Judgment and whether that Judgment be of Life or Death Te Deum landamus Certainly never any Man acted such a part on such a Theatre with more Wisdome Constancy and Eloquence with greater Reason Judgment and Temper and with a better Grace in all his Words and Gestures than this great and excellent Person did and he moved the hearts of all his Auditors some few excepted to remorse and pity After he had done Pym and Glyn endeavoured to aggravate his Offences and so both Houses rose The Commons thought fit to justifie their Charge by Law to be Treason To which effect Mr. St. John one of the Committee made an elaborate and learned Argument It was insisted upon amongst many other things That in the Stat. 25 E. 3. the Index of Treason is a Salvo that because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason in time to come should be punished as Treason April 17. The Point in Law was argued for the Earl by Mr. Lane the Princes Attorney Mr. Loe Mr. Gardiner and Mr. Lightfoot were also present of his Councel Mr. Lane argued upon the Statute 25 E. 3. That it was a declarative Law not to be extended by Equity Consequence or Construction but by the express Letter only and being a Penal Law admitted no Inferences Penalties being to enforce obedience to known Laws not to doubtful or conjectural As to the Salvo he said That 6 H. 8. 4. a Petition was preferred by the Lords to have all Treasons limited by Statute and in that Parliament Chap. 20. an Act was made whereby that Salvo in 25 E. 3. was repealed and nothing to be Treason but what was literally comprehended in the Statute 25 E. 3. After this a Bill was brought into the House of Commons to attaint the Earl of high Treason upon Debate whereof they voted him guilty of high Treason And 19. April upon the Ingrossment of the Bill it endured a sharp Debate The Lord Digby and divers others appearing eminently for the Earl against the Bill but upon division of the House the Bill was passed yet there were fifty nine Dissenters This was 21. April and the same Afternoon it was sent up to the Lords April 24. The Lords were put in mind to appoint a Day for the reading of the Bill of Attainder and 29. April Mr. St. John by command of the House of Commons in the presence of the Lord Strafford offered to the Lords Reasons and Authorities to satisfie them and to justifie the Bill by Law The House of Commons in the mean time petitioned the King 1. For removing Papists from Court. 2. For disarming of them generally 3. For disbanding the Irish Army To which the King gave Answer 1. That all knew the legal trust the Crown had in that particular that he would use it so as not to give just cause of scandal 2. He was content it should be done by Law 3. Vpon Consultation he found many Difficulties therein and so wished the Disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English May 1. The King called both Houses of Parliament together and did passionately desire of them not to proceed severely against the Earl whom he answered for as to most of the main particulars of the Charge against him tells them that in Conscience he cannot condemn the Earl of high Treason and that neither fear nor any other respect should make him go against his Conscience But for Misdemeanours he is so clear in them that he thinks the Earl not fit hereafter to serve him or the Commonwealth in any place of trust no not so much as a Constable May 2 d The Marriage was solemnized at Court between the young Prince of Orange and the Princess Mary the King's Daughter This day being Sunday from some Pulpits it was preached to the People the necessity of Justice upon some great Delinquents now to be acted And the next Morning May 3. a Rabble of about six thousand out of the City came thronging down to Westminster with Swords Cudgels and Staves crying out for Justice against the Earl of Strafford pretending decay of Trade and want of Bread They applyed themselves to the Earl of Mont-gomery who gave them good words and endeavoured to pacific them which is the best way in popular Tumults and yet this Multitude were very rude with some of the Lords and they posted up at Westminster the Names of all those Members of the House of Commons who had Voted for the Earl and
and all such as serve him there to be Traytors to the Laws of the Kingdom 11 R. 2. and 1 H. 4. After this they publish another Remonstrance of the King's Misactions and their own Privileges He answers it and they reply and May 28. they order That all Sheriffs Justices of the Peace c. within one hundred and fifty miles of York make stay of all Arms and Ammunition carrying to York and apprehend the Conveyers and that all Sheriffs do suppress all Forces coming together by the King's Commission and all persons to aid them and this to be published in all Market Towns and Churches The King forbids all Obedience to any Orders or Ordinance of Parliament for the Militia according to the Statute 7 E. 1. and requires all the people of Yorkshire to meet at a day and place which the Parliament declare to be against Law and forbid Obedience to it This was an unhappy condition for the poor people none knowing what to doe or whom to obey nor what would be the consequence of these thwartings between the great Powers and Authorities of King and Parliament Divers Members of both Houses withdrew to the King which caused an Order for all to attend at a day upon forfeiting of an hundred pounds to the Irish War They order that whosoever shall lend or bring Money into this Kingdom upon the King's Jewels shall be an Enemy to the State Ju. 2. The Parliament sent to the King Nineteen Propositions for Peace which are in Print the King rejected them as inconsistent with the Regall Rights he caresseth the people of Yorkshire Ju. 4. The Parliament order all Deputy Lieutenants to be present at all Musters and the Lieutenants of Counties to dispatch their Warrants Ju. 10. They make an Order for bringing in Money or Plate to maintain Horsemen and Arms for defence of the King and Parliament and for the publick Peace The King sends forth his Commissions of Array begins in Leicestershire these Commissions were declared by the Parliament to be against Law and the Actors in them to be Betrayers of the Subjects Liberty The Lord Keeper Littleton after his great adherence to the Parliament delivered the great Seal to Mr. Elliot whom the King sent to him for it and shortly after Littleton followed the Seal to the King but was not much respected by him or his Courtiers yet was he a man of Courage and of excellent Parts and Learning Many other of the Lords being with the King at York he declared to them That he would not exercise any illegal Authority but defend them and all others against the Votes of Parliament and not engage them in any War against the Parliament And they all in a solemn Protestation engaged to his Majesty to stand by him The King wrote to the Lord Mayor and Aldermen of London Not to raise any Forces for the Parliament and sets forth his large Declaration and invites men to bring in to him Money Horse and Arms on security of his Forests and Parks for the Principal and Eight per cent Interest He forbids Levies without his Consent upon the Statutes 7 E. 1. 2 E. 3. 11 R. 2. and the Earl of Shrewsbury's Case in H. 8. time and minds them of their Oath of Allegiance to be faithful to the King's Person as well as to his Authority and justifies his Commissions of Array To which the Parliament reply and he to them again All which rather exasperated the Differences And now came up the Names of Parties Royallists and Parliamentarians Cavaliers and Roundheads The King goes to Nottingham and summoneth and caresseth the Freeholders of the County and promiseth to act according to the Protestation at York the like he did at Lincoln And July 11. sends a Message to the Parliament Of his intentions to reduce Hull if it be not rendred to him which if they do he will admit of their further Propositions He complains of Hotham's actions for which he will punish him and of the Earl of Warwick's taking upon him the Command of the Fleet who had got in the Sea-men to him and put by Sir John Pennington and took a Ship of Ammunition coming to the King from Holland The Lord Willoughby of Parham being Lieutenant of Lincolnshire was there putting the Militia into a posture which being informed to the King he wrote to the Lord Willoughby to desist from that action and the Lord Willoughby returned an humble ingenious and weighty Answer to his Majesty to excuse his not performing at present what the King required of him which he said was not in his power to doe without breach of that trust which he had undertaken to the Parliament and to which he was encouraged by the opinion of some of his Majestie 's great Officers eminent in the knowledge of the Laws wherein he was not learned After this he proceeded in executing the Ordinance for the Militia and the King was not so severe against him as against others The Parliament now thought it high time to provide for their own Defence and to raise an Army for that purpose Upon the Debate whereof one of the Members declared his Opinion to this effect Mr. Speaker The Question which was last propounded about raising of Forces naming a General and Officers of an Army hath been very rare before this time in this Assembly and it seems to me to set us at the Pits-brink ready to plunge our selves into an Ocean of troubles and miseries and if it could be into more than a Civil War brings with it Give me leave Sir to consider this unhappy Subject in the beginning progress and issue of it Caesar tells us and he knew as much of Civil War as any man before him that it cannot be begun Sine malis artibus Surely Sir our Enemies of the Popish Church have left no evil Arts unessayed to bring us to our present posture and will yet leave none unattempted to make our Breaches wider well knowing that nothing will more advance their Empire than our Divisions Our Misery whom they account Hereticks is their Joy and our Distractions will be their glory and all evil Arts and ways to bring Calamities upon us they will esteem meritorious But Sir I look upon another beginning of our Civil War God blessed us with a long and flourishing Peace and we turned his Grace into wantonness and Peace would not satisfie us without Luxury nor our plenty without Debauchery Instead of sobriety and thankfulness for our Mercies we provoked the Giver of them by our sins and wickedness to punish us as we may fear by a Civil War to make us Executioners of Divine Vengeance upon our selves It is strange to note how we have insensibly slid into this beginning of a Civil War by one unexpected Accident after another as Waves of the Sea which have brought us thus far And we scarce know how but from Paper Combates by Declarations Remonstrances
to the Parliament and was received with all due respect by a Committee of Lords and Commons at Gravesend and conducted to the Parliament The Commons provided money for the advance of the Scots Army from the City of London The French Embassadour demanded the inlargement of Mr. Walter Mountagu as one imployed hither by the King of France but it was denyed The Cavaliers plundered and burnt part of Wokingham and quarter near Reading upon design to fortify it and summon the Country for that end The Parliament made some Orders for several Regiments to march out and for money which was wanting for Essex his Army and for Sir William Waller's forces who also desired more power than his present Commission from Essex allowed him The Earl of Manchester having setled Lyn marched with his Army into Lincolnshire where he joyned with the Lord Willoughby of Paerham Sir Thomas Faeirfax and Colonel Cromwel's forces and all together made up a very considerable Army Upon his desire the Parliament gave him power to levy monies out of the Sequestred Estates in the associated Counties towards payment of his Army They also sequestred the Estates of such Members of both Houses as had deserted the Parliament or were in actual war against them By Letters intercepted it appeared that by authority from the Pope a new Popish Hierarchy by Bishops c. was to be set up in all Counties in England with Letters sent to Rome about the same matter A Minister was voted out of his living for that he constantly pray'd for the Irish Rebels by the name of His Majestie 's Catholick Subjects Another for Preaching that the King was above the Law and all those to be Rebels and Traitors that obey not his verbal commands in all things though never so opposite to Law and Justice and many others ejusdem fairnae for scandal in their lives and doctrine Upon Letters from Colonel Massey of a designe of the enemy to take up their Winter quarters near Gloucester the more to distress it they order supplyes to be sent him Dr. Vsher Primate of Armagh now at Oxford was voted out of the Assembly The Earl of Manchester with the Lord Willoughby and Cromwel's forces gave a defeat to the Lord of Newcastle's forces at Hornecastle in Lincolnshire killed 500 of them took 1500 horse and 800 Prisoners and 35 Colours The King's forces took Daertmouth which occasioned the Parliament to send forces to the Isle of Wight The French Embassador complained that his person was stopped and his Coach searched as he went out of Town towards Oxford the Captain of the Guard being examined justified it upon notice he had of letters conveyed by the Embassador to the Enemy and it was passed over with a fair excuse to the Embassador Massey defeated a party of the King's forces coming to fortify Tewkesbury for their winter quarters killed about 300 took many prisoners with 500 Armes Colonel Bridges Governour of Warwick with a party from thence defeated a Regiment of Horse under the Lord Mollineux for the King killed divers took 100 horse and many prisoners The Commons passed sundry Ordinances for raising monies out of delinquent's Estates and Newcastle coals to satisfie those who had lent moneys for advance of the Scots Army into England And for apprehending all for spies who shall come from Oxford or any of the King's forces to any of the Parliament quarters without licence from either House or from the General A Proclamation was published in London for all Officers and Soldiers forthwith to repair to their Colours Colonel Vrrey who revolted from the Parliament and Sir Lewis Dives with a great party of horse entred Bedford took Sir John Norris and others prisoners there and routed 300 of their horse and sufficiently plunder'd the Town and other parts of that County The Lord Fairfax beat from about Hull part of the King's forces took from them 9 pieces of Cannon of which one was a Demyculverin one of those which they called the Queen's Gods and 100 Arms. Baron Trevor was sentenced in the house of Lords for his extrajudicial opinion in the case of Shipmoney to pay 6000 l. fine and be imprisoned during pleasure Colonel Cromwel routed 7 troops of the King's horse in Lincolnshire under Colonel Hastings The King sets forth a Proclamation for prohibiting the monthly fast to be kept the Parliament declare against that Proclamation and against another for adjourning part of Michaelmas Term to Oxford and held it at Westminster The Estates of Scotland declare against the Cessation of Armes made with the Irish Rebels and the Adventurers Petition against it Letters of Marque are granted by the Parliament against all such as have taken Armes against the Parliament or assisted the Irish Rebels A Collection was ordered for the maimed and sick Souldiers The Earl of Manchester took in Lincoln upon Surrender and therein 2500 Armes 30 Colours 3 peices of Cannon The Parliaments Commissioners being returned from Scotland Sir Henry Vane Jun. one of them made report of all that affair to the House General Essex marched forth to his Army to Windsor and from thence to St. Albans whither a gallant Regiment of the City under the Command of Colonel Rowland Wilson came to him and a commanded party was sent out of that and other Regiments to Newport Pannel to dispossess the King's forces there This Gentleman Colonel Wilson was the only Son of his wealthy Father heir to a large estate of 2000 l. per an in Land and Partner with his Father in a great personal Estate employed in Merchandize yet in conscience he held himself obliged to undertake this Journey as perswaded that the honour and service of God and the flourishing of the Gospel of Christ and the true Protestant Religion might in some measure be promoted by this service and that his example in the City of undergoing it might be a means the more to perswade others not to decline it Upon these grounds the chearfully marched forth with a gallant Regiment of the City which as I remember was called the Orange Regiment and went from the Army with the commanded party sent for the reducing of Newport Pannell This was the condition of this Gentleman and of many other persons of like quality and fortune in those times who had such affection for their Religion and the Rights and Liberties of their Countrey that pro aris focis they were willing to undergo any hardships or dangers and thought no service too much or too great for their Countrey but what requital if they had done it for a requital their Countrey gave them you will find afterwards in the Story When the Parliament Forces came before Grafton House and Newport Pannell after the loss of a few men and no long attendance the King's Forces thought it most wisedom for them to retire which they did and quitted the House and Town hasting away to Oxford 〈◊〉 and Essex thought fit to fortifie
Treason against the four Judges and to consider of a way to vindicate the Lords and Members of the Commons so indicted Several more forces about 1500 landed from Ireland in Wales and Sir William Brereton wrote to the Parliament that some of them were of the Rebels and the Lord Byron is joined with them The like power was given to Sir William Brereton and Sir Thomas Middleton for sequestrations and levying of moneys in Wales as was given to the Earl of Manchester in the associate Counties Five hundred of the Prisoners taken by Sir William Waller at Alton took the Covenant and served under him The Parliament wrote to General Essex to advance with his Army to joyn with Waller Essex answered that he held it not convenient for their Service and a little discontent began to kindle betwixt him and the House of Commons and the Committee of Safety The Commons ordered that none should elect or be elected Common Council men or Officers in London but such as had taken the Covenant The Commissioners of the Great Seal sate in the Queens Court Decemb. 22. and sealed above 500 Writs so desirous were people to have the course of Justice to proceed Colonel Brown is made Major General of the City Forces appointed to go to Sir William Waller Essex sent 600 Horse to Waller and removed his Army from St. Albans to Windsor to be the more in readiness to assist Waller and divers Kentish Forces came in to him and he sate down before Arundel Castle Duke Hamilton proscribed in Scotland gets to Oxford and there is committed close Prisoner an unhappy or unsteady man and by this you see the uncertainty of Greatness and of Princes favours Sir John Meldrum and Sir William Savile took in the Fort at Barton and after that Gainsborough for the Parliament about 600 Prisoners some of them Officers of Quality store of Arms and Ammunition The Parliament sate on Christmas day 1643. The Earls of Bedford and of Clare came from Oxford back again to the Parliament A Letter was intercepted from Oxford to Sir Peter Killegrew which brought him into suspicion Colonel Hutchinson Governour of Nottingham Castle acquainted the Parliament with an offer of the Earl of New Castle to pay him 10000 l. and to make him a Lord and Governour of that Castle to him and his heirs if he would deliver it to him for the King which Hutchinson refused The Scots Army of about 12000 advanced near to Berwick and publish a Declaration as they march of the justness of their undertakings in assistance of the Parliament Major General Skippon took Grafton House and in it Sir John Digby with 20 Officers of note and Horse and 200 Foot Arms and Money Some differences fell out at Coventry between the Earl of Denbigh and Colonel Purefoy a Member of the House of Commons they were both sent for to London and reconciled Many of the Protestants in Ireland refuse to submit to the cessation and joyn with the Scots Forces The King of Denmark providing to send assistance to the King of England and sending for men to the King of Poland to infest the Swedes the Letters being intercepted the Swedes enter Denmark and take sundry places there Colonel Fiennes was sentenced by the Council of War to be beheaded for the surrender of Bristol The King issued a Proclamation for adjourning the Parliament to Oxford and all the Members who had deserted the Parliament or been disabled met at Oxford General Essex came to London from St. Albans and was not well pleased with some Members and proceedings of the House of Commons Jan. 1643. The Earl of Bedford lately come from Oxford to the General to St. Albans was sent to London and committed to the Black Rod. Prince Maurice his Forces before Plimouth received a blow from the Garrison and the Princes men falling sick of the Camp Disease whereof many died he raised the siege Colonel Boswell with 800 Horse from Coventry took by storm Sir Thomas Holt's House 80 Prisoners store of Goods Money and Plate General Essex sent a new Commission with further powers to Sir William Waller which pleased the House of Commons A Plot was confest of setting on work a Petition from the City to the King for peace and to invite his Majesty to London and the Plotters were committed to Prison Mr. Riley a Clerk belonging to the Records in the Tower was committed for intelligence with Oxford The King sent Proclamations to the several Sheriffs to adjourn the Parliament to Oxford and to summon the Members of that County to appear at Oxford 22. of this month whereupon the Commons order their House to be called the same day Another Proclamation from the King was to adjourn the next Term and all the Courts of Justice from London which the Proclamation calls the Rebellious City to Oxford but the Parliament forbad it Arundel Castle was surrendred to Sir William Waller to mercy there were taken in it Sir William Ford High Sheriff Sir Edward Bishop Colonel Banfield and divers Gentlemen of Sussex 50 Reformades 1200 Prisoners with their Arms Money and with Pillage The Parliament imparted to the City at a Common Hall the late discovered Plot to make a difference between the Parliament and City to divert the Scots advancing hither and to raise a general Combustion under the pretence of Peace Sir Bazil Brooke and Mr. Riley were chief agents in this Plot. The Lord Byron took in Beeston Castle in Cheshire for the King The Parliament ordered the Commissioners of the Great Seal to issue forth a Proclamation for holding the next Term at Westminster and all Judges and Officers to attend here under pein of sequestration and forfeiture of their Offices The Lords sent to the Commons to hasten the impeachment against the Queen A new Ordinance of Excise passed The Lord Goring's Letter to the Queen was intercepted by which he gives her an account of Supplies of Money and Arms coming from France to our King that Monsieur Harecourt was to treat with the Parliament as the King should direct him and that all but two or three Jewels of the Crown were now pawned for money Upon this Letter and other Informations the Commons impeached the Lord Goring of High Treason and ordered the Letters of the French Ministers of State to be brought to the Committee of Safety A Party of Horse under Colonel Ashton in Lancashire marching to joyn with Sir William Brereton were by the way surprized and routed by the Lord Byron Brereton upon this alarm fell upon the Rear of the Lord Byron's Forces and killed and took many of them Major Brookban was shot to death for deserting his Colours and revolting to the King The Parliament wrote to Monsieur de Harecourt at Oxford to acquaint him with their grounds of stopping the Pacquet from France and with the Lord Goring's Letter from thence One Lord and Sir H. Mildmay and Sir William
was in York Upon the defeat at Marston divers persons of Quality in discontent at that action and at passages of Prince Rupert distastfull to them quitted their charges under the King and went beyond Sea there landed of them at Hamborough the Earl of Newcastle and his two Sons General King the Lord Falconbridge the Lord Widderington the Earl of Carnwarth the Bishop of London-derry Sir Ed. Widderington Colonel Carnaby Colonel Basset Colonel Mazen Sir William Vavasour Sir Francis Mackworth and Sir Charles Cavendish and about 80 other A party from Northampton came to Banbury beat the Enemy into the Castle and took some Prisoners A party of the Irish Rebels took in Woodhouse in Devonshire near Warmestre where after the Parliament Forces had yielded up the House upon Quarter yet the Irish inhumanely abused both the Men Women and Children and afterwards hanged 14 honest wealthy men Clothiers who were fled thither for shelter Eighteen of the King 's best Ships and ten Merchantmen with some Frigots were ordered to be fitted for the Winter guard at Sea Mr. Constantine was sent up Prisoner from Poole and committed to the King 's Bench. The Widow of Captain Turpine who was executed in cold blood at Exeter petition'd for satisfaction from Sergeant Glanvill who gave judgment against him and from Meredeth and Seymour Justices of the Peace which was voted by the Parliament and a Letter Written to the General that if any of their Estates came within his power he should cause this to be done accordingly Captain Hammond sent out by Colonel Massey with a party of Horse to relieve the Countrey whom the Garrison of Berkley Castle had miserably plundered went to the Castle beat in the Enemy drove the Park rescued and restored to the Countreymen all their Cattel and killed and took divers Officers and Souldiers of the Garrison Prisoners By Letters from the Lord General the House was informed that he with his whole Army marched from Tiverton Eastward whereof Prince Maurice having notice marched after him with 4000 Horse and Foot that part of the Lord Paulet's Regiment took up their Quarters at Cheriton where part of the Lord General 's Horse fell in upon them took 60 of their Horse routed the whole Regiment killed divers of their Officers and Souldiers took store of Arms Bag and Baggage In his Letter was inclosed a Petition from the Town of Barnstable newly made a Garrison by the General that their Major might be their Governour and Colonel with power to levy money all which was granted That he intended to goe for the relief of Plymouth The King was at Evil in Somersetshire with about 5000 Horse and Foot After the business of Cherington the Lord Paulet went to Exeter where the Souldiers at his entring into the Town asking money of him he Caned some of them whereupon they pulled him off from his Horse and beat him and his life had been in danger if not rescued Waller sent a party of Horse and Dragoons into the West under Lieutenant General Middleton The Commons took great care to provide money and other necessaries for supply of their Armies in the North and of the English and Scots Forces in Ireland The Ordinance passed for the Court Martial in London for the trial of the Irish Rebels and others of greatest distast with the Parliament The Lords put the Commons in mind of the propositions for Peace and desired that the Scots Commissioners might be conferred with about them and the business hastened and the Commons appointed a day for it The Dutch Ambassadours desired respit of the sale of some ships taken for prize which was granted The Commons had debate about the sale of the Estates of some Papists in Arms and notorious Delinquents and of Bishops Deans and Chapters The Archibishop came again to his Trial and the Evidence being over he desired a day for his Counsel to plead to the matter in Law which was granted and that afterwards he himself might give his general Answer to the whole Charge The Earl of Manchester took in Tickhill Castle near Doncaster upon terms that the Officers Soldiers and Gentry there might go quietly to their own homes all the Arms Ammunition and Provisions were left to the Earl and were considerable A party of the King's Horse fell upon some Troops of the Earl of Denbigh at Evesham but the Earl's men took 120 of the Enemies Horse prisoners slew many in the place and lost but two or three men A party of the King's Garrison at Donnington Castle came from thence to Newbury on the Lord's day with design to seize upon some of the chief men of the Town but a party of Sir William Waller's men rescued them and beat the Enemy back to the Castle and took about 20 of them prisoners Aug. 1644. The Lord Henry Piercy's Regiment marching with the King Westward quartered at Collyton and a party of them came in the Evening and faced Lyme which Garrison to requite their visit sent out a party of about 120 Horse that night under Captain Pyne Herle and Bragge who beat up their Quarters took about 120 of their Horse 55 Prisoners divers Officers 100 Arms and good pillage After which a like party marched from Lyme to Chard the King being newly gone with his main Body out of the Town there they took eleven brave Horses with rich Saddles supposed to be the king's own Saddle horses and divers Prisoners General Essex marched into Cornwal the Enemy removing before him most of the Garrisons near Plymouth and on the borders of Devon and Cornwal were quitted by the Enemy Mount Stamford with four pieces of Ordnance was regained Plimpton with eight pieces of Ordnance Salt Ash and a great Fort with some great Guns and many Arms Launceston and other small Garrisons yielded to the General At Newbridge was a hot encounter betwixt a party of the General 's and Sir Richard Greenvile disputing the passe into Cornwal but the General took the Bridge with the losse of about 40 of his men slain and of the Enemy about 200 killed and taken The General from thence went to Greenvile's House where the Garrison desired a parley but the General 's Souldiers had not patience to treat but stormed it all within had quarter except the Irish Rebels There was taken in the house two pieces of Canon 150 Prisoners many Arms great pillage for the Souldiers Money and Plate to the value of 3000 l. and great quantities of provisions At Launceston the Shire-town the Countrey came in many of them to the General and he had 2500 of the Plymouth Forces that joyned with him The King came to Exeter and there joyned with some Forces of P. Maurice and of Hopton The Propositions for Peace were taken into Debate by the House and divers of them voted the proceedings in them were the more slow because of the Scots concurrence to be required in every one of them Sir Philip Stapleton
Maurice General Ruthen and the Lord Digby for the Parliament were Colonel Berkley Colonel Wichcotes and Colonel Butler who agreed upon Articles Sept. 2. to this effect To deliver up to the King all their Artillery with all their bag and baggage no person under a Corporal to wear any kind of weapon all Officers above to wear onely sword and pistols there were delivered up 40 pieces of brass Ordnance 200 barrels of Powder Match and Bullet proportionable 9000 Arms for horse and foot Some of the private Soldiers listed themselves in the King's service and some of the rest as they marched forth being pillaged by the King's Soldiers Skippon rode up to the King who stood to see them pass by and told him it was against his honour and justice that his articles should not be performed that his Soldiers did pillage some of the Parliaments Soldiers contrary to the Articles and desired his Majesty to give order to restraine them The King thereupon gave a more strict command for the punctual observation of the Articles and Skippon with his men marched to Poole We may take notice by this chiefly and by several other passages of the uncertain issues of War and of the overruling hand of providence in Martial affairs as much if not more than in other matters It was but a few weeks before that Essex and Waller with two great Armies were in pursuit of the King who could scarce find a way to avoid them and the Parliaments power and expectation was far above that of the King Now the dye of War is turned another way the Parliaments Army is defeated disarmed and dispersed and the King becomes Victorious This did much affright some of the Parliament party and caused several discourses among them Divers who were no friends to Essex inveighed against him as one that had quitted his Command and deserted his Army in the greatest danger others excused and commended him for this action by which means onely he could reserve himself his Officers and Souldiers to doe the Parliament further service Others condemned Waller Manchester and Middleton for not hastning more to the assistance of the General every one vented his own fancy and censure but doubtless he was a person of as much integrity courage and honour as any in his age he was brought into this noose by the wilfulness of others and though his enemies took advantage against him upon it yet many thought others to be more in fault than the General Letters from Scotland informed the Parliament that the Marquess of Argyle had taken 500 of the Rebels which came over with the Earl of Antrim to disturb the peace of that Kingdome The General having thoughts to come up to the Parliament to give them a particular account of this unhappy action and to excuse himself to the Parliament they wrote to him that they continue fully satisfied that he was not wanting to use his utmost endeavours in that service and were well assured of his fidelity desiring him to entertain no thoughts of discontent or discouragement but to go on in the managing of the VVar Sir Will. Waller and other forces being ready to joyn with him The Commons took order for supplies of Cloaths and Arms for his Souldiers and for the Earl of Manchester's marching towards him and appointed a day of publick Humiliation The Sickness being at St. James's the Parliament ordered the removal of the King's Children from thence to Whitehall Colonel William Strowde wrote to the House that 300 men of the adjacent parts were come to him to serve the Parliament and that he had sent from Wareham 1000 Arms to the Lord General A Committee of both Houses were sent to give entertainment to the Chancellour of Scotland who was newly come to Town The Lord Roberts was made Governour of Plymouth By Letters from Sir Thomas Middleton the House was informed that Lieutenant Colonel Tyll being sent by him took Sir Thomas Gardiner the Recorder's Son with his Officers and forty of his Troupers Prisoners and the rest fled that he also took two Colours and four wayneload of Powder and Ammunition Lieutenant General Lesley fell upon the Forces of Sir Philip Musgrave and Colonel Fletcher in Westmorland killed divers on the place took above 100 Prisoners two foot Colours a Standard and scattered the rest The King marched out of Cornwal and sent a summons to Plymouth to be rendered to him but they returned a positive answer in the negative Prince Rupter marched towards the King but with a small force About 1500 of the King's foot out of several Garrisons mounted for Dragoons by night marched towards Basing-house Colonel Norton and Colonel Morley took the Alarm Norton charged them and brake through them but they with great courage wheeled about and charged Norton's whole body who retreated unto Colonel Morley's Quarters In the mean time they got some supplies of Ammunition and Provisions into the House Norton and Morley faced them but they would not fight but retreated back again and were pursued and 150 of them killed and taken one Major with other inferiour Officers Norton had a slight hurt in the hand and lost but one man but the house was relieved This party of the King 's gave an Alarm to Brown at Abington who shortly after gave an Alarm to them at Oxford and brought away 40 of their fat Cattel Salt and other provisions Sir Rich. Greenvile attempted thrice by Storm to enter Plymouth but was repulsed Middleton routed Prince Rupert in his passage towards the King with seven hundred horse took divers of his Officers and about ninety common Souldiers prisoners Brereton routed the Earl of Derby coming to relieve Leverpoole and killed and took five hundred of them and put the rest to flight An Ordinance passed the Commons for Ordination of Ministers and was sent to the Assembly for them to add Ministers Names who should give Ordination A difference was between the Lord Grey and the Association of Leicestershire The King sent a Summons to Plymouth That God having given him Victory over the Rebels he desired to reduce his people by Acts of Grace and promised especial favour to Plymouth if they would render the Town to him and that they should have no Garrison A Letter was likewise sent at the same time from the Lord Digby to the Lord Roberts Inviting him upon high Ingagements of Preferment and Honour from the King to surrender the Town up to him But they prevailed neither with the Governour nor with the Townsmen but they all prepared for defence and the Enemy endeavouring the same day to storm the West-end of the Town were repulsed with great loss in which action the Seamen did gallant service The King 's whole Army besieged the Town but they having four thousand foot and eight hundred horse did not much fear their Besiegers but the Lord Roberts wrote for some supplies which were ordered for them A Letter from the King was
their Forces The Governour of Poole set upon the Queens Regiment of horse marching that way near Blandford slew sixteen of them took about forty prisoners a hundred brave horse two Colours and much Popish trumpery and lost but one man and a few hurt Colonel Lambert fell upon a party of the King's horse near Plumpton in Yorkshire took about a hundred and forty Horse the Commander in chief an Irish Rebel three Captains and many prisoners The King faced the Parliaments Armies with his horse and in the mean time drew away his Foot towards Newbury whither he followed with the horse Captain Fincher waiting on their march surprised sixty of their horse Orders were sent to the several Counties to be in a posture of defence and the Chirurgeons were sent down with Medicaments to the Army and Mr. Bell to provide them An Ordinance passed that no quarter should be given to any of the Irish Rebels taken either at Sea or Land By a Letter from Pembroke was certified that some of Prince Rupert's Forces particularly of the Irish Rebels drove away their Cattel risled their Houses eat and destroyed all their Provisions burnt their Villages and standing Corn destroyed all Sexes and Degrees Aged and unarmed persons were stripped naked by them â—and some they inhumanely murthered in cold blood others they half hanged and afterwards stigmatized and burnt their flesh off from their bodies to the bare bones and yet suffered them to live in great torture The Commons ordered that all the Judges and King's Council should meet to consider of the Tryal of Macquire and Macmahon An Ordinance passed to free the Heir of Sir William Fairfax who was slain in the Parliaments Service from Wardship An Order past to admit the Prince Elector to come when he pleased to the Assembly of Divines to hear their Debates according to his Highnesse's desire Newcastle Town not agreeing to Propositions of a Treaty the Scots stormed and entred part of the Town and became Masters of it that Sir John Merlay and others for the King fled to the Castle and offered to render it upon quarter which was denied but that they should render at mercy Some of the Scots Officers were slain as Major Hepburne and others but more of the Enemy Publick thanks to God were ordered to be given for the mercy in gaining Newcastle Sergeant Whitfield had the thanks of the House for his pains in preparing the Evidence for the Tryal of Macquire and Macmahon and the former Lord chief Justice Bramston was ordered to be advised with in that Business An Ordinance passed for the sale of some Delinquents Lands in Essex By Letters from the Commissioners in the Army it was certified that the Armies were near engagement that the King's horse faced the Parliaments Forces within a mile their Foot and Artillery marched up and were drawn into Bartalia at Bucklebury and nothing more done that day but they resolved the next day to charge the King's Forces if they would stand to it and they desired provisions might be sent to the Army Two Barges loaded with Bisket and Cheese were sent to Reading to be conveyed to the Army The Houses being informed that the Lord General was not well and stayed behind the Army they sent a Committee of Lords and Commons to visit him and to express the affections of both Houses to him This was not as was given out a piece of Courtship but I think real and there was cause enough that it should be so the General having so highly deserved from them Yet there were some had Designs against him and were desirous to remove him from his Command because they were jealous that he was too much inclined to peace and favouring of the King and his party I think I knew as much of his mind as others did and always observed him to wish for peace yet not upon any dishonourable or unjust terms he was a Lover of Monarchy and Nobility which he suspected some designed to destroy together with Gentry Ministry and Magistracy which humour began then to boyl up but he resolved to support them and wanted not advice to that end But the Jealousies upon him who was a most faithful and gallant man and servant to the publick gave him great trouble in his thoughts and they did work so high with his Enemies that some gave out he was by private intimation to forbear engaging in this Service and for certain he was not in it A party of the King 's coming to relieve Banbury were repulsed by Captain Fiennes their Bag and Baggage taken divers of them killed and some of them taken prisoners The City Propositions to be sent with the general Propositions for peace were voted and approved Divers Citizens petitioned That Justice might be done against Delinquents especially the two grand Incendiaries the Bishop of Canterbury and Wren and that the Commons House might be recruited with new Members Sir John Hotham petitioned That he might not be tryed by the Commissioners for the Court-Marshal and demanded the Judgment of the House thereupon and offered his Reasons but they would not hear them The Commons being informed that in probability the Armies were now engaged they sent to the Assembly of Divines to spend some time in Prayer for the good success of the Parliaments Forces which was done accordingly In the Evening the same day news came to the Parliament of a considerable Victory obtained by their Forces against the King's Army near Newbury That the Fight began on Sunday October 27th about Three a Clock in the Afternoon That before Seven they had nine pieces of Ordnance from the Enemy took the Earl of Cleveland and three hundred prisoners killed Charles Goring Son to the Lord Goring Sir Humphrey Mildmayâ—s eldest Son and divers others of quality and that the King about Twelve at Night marched with a party towards Wallingford Another party of the Kings under the Earl of Northampton came to relieve Banbury and taking the Besiegers at unawares made their way into the Castle and relieved it and made good their Retreat Scout-master General Bedford came to the house with Letters from the Commissioners in the Army of the particulars of the Battel at Newbury to this effect That after a Weeks tedious but speedy march of the Lord General 's Infantry and one nights refreshment at Reading in two days further progress they drew up before Newbury as near the Town as the Enemies Cannon would suffer this was upon Friday Oct. 25. The King kept within the Town guarded by his Artillery but his Body of Horse and Foot drew out into Speen-field the midway between the Town and Castle both to make his Army seem more numerous and to imbattel them in a place of extraordinary advantage that day afforded nothing but an Interview the interposing River hindred the desire to fight On the King's part appeared rather a declining to be engag'd either that their numbers
30 wounded in all That they slew about 10 of the Enemy and took Prisoners Colonel Robert Legge about 50 other Officers and about 500 Common Souldiers with store of Arms and Ammunition The Declaration of the Transactions with the States Ambassadours was published wherein the Parliament set forth the abusive and ill carriage of the States Ambassadours Borelli and Rainsborough both made Knights and Barons by the King and that they shewed themselves rather parties for the King than Mediatours between him and his Parliament They demand justice against those Ambassadors and declare their own condition not to be yet so low but that they can resent if not return both Courtesies and Injuries They acknowledge the Christian and neighbourly Zeal of the States to the peace of this Nation and desire to know wherein they may be useful to them their honoure Neighbours and Predecessours in the like Sufferings 29. Order to Audite the Accounts of the Officers of the train of Artilery of Sir William Waller Cromwel drew off to the Isle of Ely Sir Tho. Fairfax blocked up Bostal-house and made a bridge with two Forts near Kidlington they came towards Leicester A party of Colonel Norton's Forces went towards Langford-house and placed an Ambuscado undiscovered by the Enemy who came forth to fall upon them they retreated to their Ambuscado the Enemy followed them and were all surprised There were taken Colonel Griffith the Governour divers Officers 63 Prisoners and their Arms and 10 killed 30. A Letter from the Committee of Gloucester of the danger of that place and County by the removal of Colonel Massey answer'd by the Commons that they would take care of that City and of the County Prisoners from Guernesey referred to a Committee and to examine that business Ordinance sent up to the Lords to enable the Committee of Plymouth to execute Martial Law there The Kentish Regiment continued and pay for them there Major General Browne came to London to hasten the Provisions for the siege before Oxford 31. The business of the Church debated and Ordinances touching the Excise and for money for the Forces in the West Letters written to the Sub-commissioners of Excise and to the Officers in the several Counties to give incouragement and assistance for the levying the Excise money Order of both Houses for their Committee touching Forts and Castles to be reduced in the Quorum to 2 Lords and 4 Commoners Letters Informed that the King was set down before Leicester June 1645. 2. On consideration of the King 's being at Leicester and the danger to the associated Counties thereby the House Ordered that the Committee of both Kingdomes should consider of such disposal of the Armies under Sir Thomas Fairfax as may be most advantageous for the publick and that the blocking up of Oxford be left to Major General Browne Browne being at the door of the House at that time was sent for in and had the thanks of the House for his good service and was desired to continue his care and constancy therein and to return to his charge Ordinances past for moneys for the West and other Forces Colonel Rainsborough with his Regiment of foot and three Troups of Colonel Sheffield's horse took in Gaunt-house 10 miles from Oxford and therein the Governour with all his Soldiers Arms Ammunition and Provisions The King's Forces having made their batteries stormed Leicester those within made stout resistance but some of them betrayed one of the Gates the women of the Town labour'd in making up the breaches and in great danger The King's Forces having entred the Town had a hot incounter in the Market place and many of them were slain by shot out of the Windows That they gave no quarter but hanged some of the Committee and cut others in pieces Some Letters said that the kennels ran down with bloud That Colonel Gray the Governour and Captain Hacker were wounded and taken Prisoners and very many of the Garrison put to the Sword and the Town miserably plunder'd The King entred the Town on Sunday June I st and sent part of his forces into Derbyshire 3. Order for Colonel Massey to advance into the West and the City and County of Gloucester to be governed by a Committee as the Parliament shall direct Ordinance for money for the siege of Oxford and two Regiments to go out of London to Major General Brown to that siege An Ordinance for money for the Isle of Ely The Papists and others in Northumberland plotted to surprize Sir John Fenwick the High Shiriff and the Militia there but were discovered and suppressed Sir John Meldrum dyed of his wounds received in the siege of Scarborough Castle Both parties in the West had often Skirmishes A party sallyed out of Oxford and took and killed about 80 of the Parliament's Forces the next day a party of the Parliaments took 12 of the Garrison and brought away 50 Cows from under their Walls Letters intercepted by Colonel Massey mention the King 's concluding a peace with the Irish-Rebels 4. Order of both Houses for 200 l. for L. G. Middleton and a pass for him to goe to his charge in the Scots Army 2000 l. of the Arrears due to the Earl of Essex charged on the Excise An Ordinance past for reimbursing money lent by the Commissioners of Excise for reducing Oxford Lieutenant General Cromwel got together 3000 horse in the associated Counties The City of London petitioned that recruits may be had for Sir Thomas Fairfax his Army and a Committee sent thither that the Army or part of it may be ordered to march towards the Enemy in the field and to regaine Leicester and to prevent the surprisal of other places and the Scots pressed to advance Southwards that Cromwel may command the association and care taken of the Navy and that the proceedings of the late Treaty may be published The House called in the Petitioners and gave them thanks for their care and good affections At a Conference the Lords acquainted the Commons with an Information concerning the taking of Leicester which was referred to a Committee to be examined 5. Orders for recruits of the Kentish Regiment and Colonel Fleetwood's Regiment An Ordinance considered for the sale of Delinquents Estates Another sent to the Lords to give power of Martial Law to the Committee of Kent The King continued at Leicester and began to fortify there and then marched forth to meet Sir T. F. who was drawn off from Oxford to advance towards the King 6. Massey wrote for recruits and some Members of the House were appointed to answer his Letters that they were sent to him and that he should never want the incouragement of Parliament and prayed him to go on in the business of the West with his wonted valour and prudence Upon the danger of Newport Paganel the King drawing that way and upon the Petition of the Town Sir Sam. Luke was continued Governour there
for the Recruits to be sent to Sir T. F. The Ordinance past for putting Surrey into a posture of Defence and for pay for Farnham Garrison and another for 20000 l. towards reducing Oxford The Antiparliament sate again at Oxford and were about a Declaration to encourage their party and taking care for Money and Recruits for the King Colonel Baxter Governour of Reading went out with a party and faced Wallingford near their Works 2 Debate about Church affairs One Lusher had been apprehended for a Romish Priest the Spanish Ambassadour owned Lusher as his Servant and in favour of the Ambassadour both Houses discharged Lusher and ordered him to depart the Kingdom in ten daies Both Houses ordered the continuance of the Commissioners of the Great Seal and of the Master of the Rolls for six Months longer notwithstanding the Self-denying Ordinance Mr. Gourden a Member of the House of Commons presented to them a Letter from the Lord Savile with a Paper inclosed in it and desired that they might be read and after some Debate they were read The Letter was expressing his affections to the Parliament to whom he had come from the King and submitted himself and taken the Oath enjoyned in observance whereof and of his duty to the Parliament under whose protection he was he held himself obliged to discover to them what he knew concerning two of their Members who had done contrary to their trust and to the prejudice of the Parliament in the matters contained in the inclosed Paper That Paper set forth That Mr. Hollis and Mr. Whitelocke being persons well affected to the King and to his Cause were nevertheless two of the Parliaments Commissioners lately sent to Oxford to His Majesty with Propositions from the Parliament for Peace That they being at Oxford did contrary to their trust and to the prejudice of the Parliament treat and advise with the King and some great Lords about him namely the Earl of Lindsey the Earl of Southampton and others about the King's Answer to those Propositions and did give a Paper in writing what they advised the King's answer should be That their advice in the said Paper was followed by the King and some of the very words thereof were made use of in the King's Answer and that both before and after that time they held intelligence and correspondence with the King and his party at Oxford Much other Matter was in the Paper to the like effect and upon the reading of it divers of the House were very high and moved that Mr. Hollis and Mr. Whitelocke might make a present Answer to this Paper or Charge as some called it Mr. Hollis presently in his place made his Answer to the matter of the Paper and therein unadvisedly and suddenly confessed more than he needed to have done but denied any intelligence or correspondence by him with any of the King's party Mr. Whitelocke was not in Town this Morning and knew nothing of this business but after Mr. Hollis had spoken Mr. John L'Isle stood up and acquainted the House that Mr. Whitelocke being then absent if they pleased he would undertake to give him notice to attend the House the next Day which was ordered But some were not satisfied therewith and they fiercely moved That this being a charge of High Treason against two of their Members in whom the offence was greater than in others that they would proceed with equal justice and that both Mr. Hollis and Mr. Whitelocke might be committed to the Tower Mr. Hollis who was present to be sent thither and a Warrant to apprehend Mr. Whitelocke and to carry him thither also Upon this Sir William Lewys stood up and with as much vigour on the other side said He could not but wonder at the justice of those who would commit a man to the Tower before he was heard and the other after he had fully answered that which they called a Charge That he could not admit it to be a Charge but a Scandalous and Libellous Paper against two worthy Members of the House who they all knew had served the Parliament faithfully and to the utmost hazard of their Lives and Fortunes And because they had done so and were so capable of doing further and more service to the Parliament therefore one of their enemies was come hither to cast a bone among them and to raise differences amongst the Members of Parliament a likely way when their other designs failed them to doe mischief to the Parliament He desired them to consider the person of him whom they called the Accuser who was indeed an Accuser of the Brethren that it was the Lord Savile now cloathed with a new Title from the King of Earl of Sussex and perhaps this present service was to be part of that by which he was yet to merit his new Title That still he was the same man who was first of the Parliament party then revolted from them to the King and now was revolted from the King to the Parliament again and that a Paper brought in from this person should be looked upon as a Charge against two worthy Members of their House or be in the least a ground to commit them to the Tower he could not sufficiently wonder at the reason or justice of such a motion as that was He rather thought it more reasonable and just and accordingly moved that this Libel this Paper might be thrown out of the House and the contriver of it the Lord Savile be under more streight custody and examined who set him on to promote this business and that Mr. Hollis and Mr. Whitelocke might not be put to the trouble of any further attendance about it This smart motion of Sir William Lewys so contrary to the former being spoken by him with great ingenuity and mettle and seconded by Sir Philip Stapleton and others of that party so wrought upon the House that the motion for commitment to the Tower was laid aside and Mr. L'Isle ordered to give notice to Mr. Whitelocke that the House required his attendance there the next day Carlisle was surrendred to the Parliament and Sir Thomas Glenham the Governour and the Garrison Souldiers had a Convoy by the Articles of surrender to Newark 3. At a Conference the Letters of the surrender of Carlisle were imparted to the Lords and agreed to send a Committee to the Common Council of London to acquaint them with some of the King's Letters taken at Naseby A Committee appointed to consider of the Northern Garrisons upon the borders of Scotland The King was at Ragland Castle to gather Recruits Sir T. F. was at Marlborough the Garrison of Taunton had often Skirmishes with Goring's Forces and at one time took 120 of their horse the besiegers drew off most of their horse to their Out-guards Between 4000 and 5000 Clubmen being up in Dorsetshire and Wilts carried themselves very tumultuously and forced the Parliaments quarters at Sturmister divers slain and wounded
desired for the Scots Foot intending to besiege Newark Orders for Col. Welden to be Governour of Plymouth for giving Sir John Banks his Books to Mr. Maynard and the Books to Mr. Vaughan of Lincolns-Inn to Mr. Recorder Glyn. Letters read that were taken in the Lord Digby's Coach some of them ordered to be published As that of the King to the Marquess of Ormond touching the Irish Rebels and one touching the Earl of Thomond upon which his Estate here was ordered to be sequestred Letters informed the taking of Tiverton Castle 23. The House received Letters from Sir T. F. of the motions of his Army in the West That the Enemy designed with 2000 horse to break through his Quarters towards Oxford That they taking the darkness of the Night passed by his Guards fell into the Quarters of his Dragoons and took 50 prisoners That he marched after the Enemy with his whole Army lay in the field all night to prevent their going by him and quartered part of his Army along the River Ex near to Exeter to prevent the Enemies return and with the rest marched to Tiverton where M. G. Massey was sent before The Governour of Tiverton resolving to hold out Sir T. F. resolved to storm it and after the morning Sermon on the Lord's-day one of his Canoneers with a great shot brake the Chain of the Draw-bridge whereby it fell down and the Parliament Souldiers immediately entred and got over the works with little opposition The Enemy fled into the Castle and Church and had quarter for their lives Col. Sir Gilbert Talbot and about 200 more were taken prisoners and they found there 4 pieces of Ordnance and 40 Barrels of Powder 34 Officers 168 common Souldiers a Spy and a Minister Order for Recruits for the Army Order that the Earl of Devon being beyond Seas should return by a day Order to sequester the Estates of such as refused to pay Taxes in Sussex 24. An Ordinance for disfranchising of some of Bristoll and settling the Government there and the Militia Ordinance touching Ordination of Ministers and others touching Monies The Jewel provided for Sir Thomas Fairfax appointed to be presented to him by a Member of the House A Messenger from Sir Tho. Fairfax related that he was before Exeter and a numberof Clubmen of Devonshire under Colonel Popham assisted him 25. New High-Sheriffs named and Writs for new Elections granted The Commissioners sent to the Scots Army about their delivering up the places Garrisoned by them had the thanks of the House for their good Service L. G. Points Besieged Newark where the King was and Prince Rupert and Prince Maurice Consideration of Differences between the Committee of Derby and Sir Jo. Gell. 27. Both Houses agreed in making the Speaker Master of the Rolls Order for all Commanders of Forces to be under Sr. Tho. Fairfax Col. Dalbier named to Command the Forces for Besieging Dunnington Castle Letters informed the taking of Carmarthen by Major General Langherne whereby the whole County was reduced and so was Monmouth-Shire by taking of Monmouth Town and Castle by Col. Morgan in which they had seven pieces of Ordnance and store of Ammunition Order for thanks to God for this success and a Letter of thanks to Col. Morgan Sir Trevor Williams was made Governor of Monmouth The House gave 1500 l. to Mr. Green Chair-man of the Committee of the Navy and 500 l. per Annum for the future for his Service at that Committee a reward which few others obtained 28. Mr. Browne made a Speech in the Kings Bench and then swore Mr. Justice Rolles to be one of the Judges Serjeant Pheasant was sworn of a Judge of the Common Pleas and Serjcant Atkins a Baron of the Exchequer Mr. Soliciter and Serjeant Wild made Speeches to them Goring went out of Exeter with 1000 Horse before Cromwel came up thither upon which Sir Tho. Fairfax drew off part of his Forces after him 30. The Lords sent their Concurrence to the Commons in several Ordinances for the Government of Bristoll for the Isle of Wight and for Westminster Colledge The Commons Ordered new Elections for Knights in Bucks and for other places Upon a Letter from Sir William Vavasor Prisoner to the Parliament he had a Pass to go beyond Sea ingaging never to return to take up Arms against the Parliament and they ordered that if any who have Passes to go beyond Sea shall return and take up Arms against the Parliament they shall have neither Pardon nor Quarter Goring went to the farther part of Devon-shire and Sr. Tho. Fairfax returned towards Exeter where Goring had burnt most part of three Parishes to make the rest more tenable The Garrison of Chester made divers resolute Sallies upon the Besiegers and were beaten back and the Forces of M. G. Pointz slew many of them in the Streets Sir Will. Byron the Lord Byrons Brother got together four hundred Horse about Holt Castle upon notice whereof Col. Jones drew out a Party of Horse from before the Leaguer fell upon the Enemy in the Field who worsted the Forlorn-Hope of Jones but he rallied them and after a sharp dispute routed them took Sir William Byron and others of Quality Prisoners divers Troopers slew forty and took forty Horse Sir William Wain-waring was slain by the Parliament Forces in Chester Street News was brought of a great difference between Col. Gerrard and the Lord Bellasis Governor of Newark about the Lord Digby and the King had much ado to reconcile it 31. An Ordinance past for putting in Execution the Seal for Lancaster Doctor Oldesworth Was Bayled upon good Security to speak or act nothing prejudicial to the Parliament Order for the Covenant to be tendred to all that come in to compound for their Delinquency and such as refuse it to be secured The Gentlemen of Bucks withdrew to consider about the business of the Countrey and Mr. Fountain carried himself very high Letters from Col. Rossiter informed that Prince Rupert Prince Maurice G. Gâ—â—â—ard the Lord Hawley Sir Richard Willis and about four hundred other Gentlemen of Quality the meanest whereof was a Captain had laid down their Commissions deserted the King and betook them to Wotton-House fourteen Miles from Newarke where they stood upon their Guard They subscribed a Declaration that if they may obtain from the Parliament a Pass to go beyond Sea they will all engage upon their Honour and Oath never to return to take up Arms against the Parliament and sent to Col. Rossiter to acquaint him herewith the Messenger informed that the Prince had sent to Mr. G. Pointz to the same purpose and offers of Surrendring of Welbeck House to him The House referred this matter to the Committee of both Kingdoms to report their opinions what was sit to be done in it News came that Sir Tho. Fairfax set his Posts for Besieging Excester that Cromwell was come up to him and a Party
midnight about the City Petition and some perhaps were a little awed by the multitudes of Citizens attending at the door of the House They agreed upon a Declaration against all such Persons as take upon them to Preach or expound the Scriptures except they be Ordained And this gave much offence to those of the Independent Judgment January 1646. January 1. Orders for payment of Moneys formerly ordered to the Earl of Stamford and for eight hundred pound to the Commissioners that are to go into the North for their accommodations and their instructions Debate upon the Ordinance against Blasphemies and Heresies Vote for Sir Peter Killegrew to be sent with the Preamble and vote in answer to his Majesties last Letters 2. A Letter from General Leven complying with the Parliaments desires in their Letters to him and order given to have the Jewel ready for him Letters informed an endeavour of the King to escape from New-castle without the Scots privity and a more strict Guard upon him Orders for stay of Sir Peter Killegrew's Journey and for a thousand pound for Mr. Pury out of the Earl of Worcesters Estate and a thousand pound for Mr. Hodges in repair of their losses and for a thousand pound for Sir Robert Pye Jun. out of Sir Edmond Pye's Composition Order for allowances to the Officers of the Court of Wards 4. Upon a Letter from Sir Thomas Fairfax Orders for two thousand pound for Sir Hardress Waller of his Arrears and for two thousand pound for Col. Sidney Order to continue the two Speakers Commissioners of the Great Seal for ten days longer An Ordinance sent up to the Lords for the Government of Chester Instructions and powers agreed for the Lieuetenant of Ireland and a Sword to be born before him and Counsellors of State named for Ireland and they to have five hundred pound per An. apiece till their Estates shall be recovered An Ordinance appointed to settle the same Church-Government in Ireland as in England Vote to name Commissioners of both Houses to receive the King from the Scots and to bring him to Holmeby and the Committee of both Kingdoms to draw instructions for the Commissioners and Letters to be written to General Leven and to the Scots Commissioners at New castle to acquaint them with these Votes and that the Commissioners should speedily come for the King Letters sent from Major General Laugherne and the Committee of Haverford West informed That Mr. Hudson the Kings Guide having escaped out of Prison was by the King imployed upon another design to carry Letters to be delivered to Major General Laugherne to invite him to betray his Trust and to revolt to the King That the Major General sent up the Letters and other Papers to the Parliament and Hudson and Price one of his Agents and the examining them was referred to a Committee The Commons agreed that Mr. Godolphin Governor of Sâ—ylly upon his surrender of that Island and all Forts c. and taking the Covenant and Negative Oath should enjoy his Estate and be free from Arrests for any acts of War 6. Both Houses agreed the Instructions for the Commissioners that go to the Scots Army and to the Declaration in answer to the Kings last Letter and about disposing of his Person and to the Letters to General Leven and to the Scots Commissioners at Newcastle touching this business and Sir Peter Killegrew was to post with them to Newcastle The Earl of Pembroke the Earl of Denbigh the Lord Mountague named by the Lords and by the Commons Sir William Armine Sir Jo. Hollond Sir Walter Earle Sir John Cooke Mr. John Crew and Major General Browne Commissioners to receive the Kings Person and with such Guards as they shall think fit to bring him to Holmeby House Ordinance for Sir Anthony-Ashley-Cooper Sheriff of Wilts to live out of the County Order for Winchester Castle to be dis-garrisoned and delivered to Sir William Waller the owner A Committee named to consider of several debts owing by the Earl of Corke who is gone beyond Sea without perfecting his Composition Letters informed that the Money for the Scots was safe come to Yorke The Parliament Forces after great Storms at Sea Landed in Ireland and had course entertainment there 7. Mr. Sandys reported what places and profits Members of the House had that an Account thereof may be given Order for two thousand five hundred pound for the Commissioners that are to receive the Kings Person and their instructions debated Sir William Ermyn upon his own desire excused and Sir James Harrington Commissioner in his stead and Mr. Marshall and Mr. Carill appointed to go along with them Articles presented to the House against one Harris referred to the Justices of Peace Endeavours were in Countries to get hands to Petitions to second that of London 8. Debate upon the Ordinance against such as Preach or expound the Scriptures not being ordained Upon Petition of the Countess of Peterburgh Order that she should have her Husbands Arrears out of such Delinquents Estates as she should discover 9. Orders for ten thousand pound for the Lord Say for the loss of his place in the Court of Wards Sir Rowland Wandesford to have five thousand pound Sir Ben. Rudyeard six thousand pound and Mr. Bacon to have three hundred pound Reference to the Committee of the Navy about adding four Frigots to the next Summers Fleet. The Commons agreed with the Lords to have Goring House for the Ambassador of France Orders for Petitions to be read in rank as they were presented and for ten thousand Pound for the reduced Officers and a thousand pound to Colonel Waite for Arrears and to Summon Col. King to attend the Committee The Commissioners to name Attendants for the King 11. Major General Skippon sent up intercepted Letters from Hudson the Kings Guide to his Majesty bewailing his unhappiness in failing of success with Major General Laugherne and being again apprehended Order for a Letter to the Governor of Hull to send up Dr. Hudson in safe Custody by Land to the Parliament and reserred the Letters to a Committee Upon a Letter from Sir Tho. Fairfax Order for four thousand pound for the standing Officers of the County of York Approbation of the Convoy sent by Sir T. Fairfax with the Money to the Scots Order for four thousand five hundred pound for Sir Samuel Luke for his Arrears out of Goldsmiths Hall The Town of Cirencester elected Sir Th. Fairfax and Col. Rich for their Burgesses Debate upon the instructions of the Lord L'Isle Lieutenant of Ireland The Scots refused to surrender Belfast to the Parliaments Forces Ireland in great want of Supplys Commissioners came from the Parliament of Scotland to Newcastle to perswade the King to Sign the Propositions 12. Order for Sir Oliver Fleming Master of the Ceremonies to go to the French Ambassador to know whether he hath any thing from his Master the King of France to the Parliament that he may be dispatched
raising sixty thousand pound a Month for maintenace of the Forces in this Kingdom and for the service of Ireland and the lessening of the former assessment gave some content to the People 23. Col. Birch stopped by the Guards was discharged by the General Debate about the Charge of the Army against the eleven Members and a Letter sent to the General that what shall be particularly charged against their Members with Testimony and Witnesses shall be received and the House proceed in a legal way therein The third proposition of the representation of the Army upon the question resolved not to be debated and the fourth and a day set to debate the fifth Proposition The City Commissioners returned with Letters from the General further to satisfie the City of his real intentions towards them 24. The Common Council acquainted the House with a Remonstrance and a Letter sent from the General and the Army and in prosecution thereof they desired 1. That they may have further leave to send some of their Members to the Army to hold a good correspondence with the Army which after debate the House agreed 2. That all forces listed by the Committee of Safety or Militia may be discharged which was also hardly consented to 3. That the discontented and reduced Officers and Souldiers may be put out of the Lines of Communication to which was answered That they had put it in such a way as in their judgments they thought fit The Remonstrance of the Army was 1. That the Declaration inviting men to desert the Army be recalled 2. That the Army may be paid up equally to the deserters 3. That His Majesties coming to Richmond may be suspended until Affairs be better settled and no place appointed for his Residence nearer London then the Parliament will allow the Quarters of the Army to be 4. That the Members charged may be forthwith suspended the House 5. That those who have deserted the Army may be disperst and receive no more of their Arrears till the Army be first satisfied 6. That the Parliament and City may be freed from the multitudes of Reformadoes and Souldiers 7. That all Listings and Raisings of new forces and preparations towards a new War may be declared against and supprest The Lords desired the Commons consent to a Letter to the King That by reason of some late accidents they humbly entreated his Majesty either to stay at Royston or Theobalds or to return to New-market to which the Commons agreed 25. Debate of the Charge of the Eleven Members and Voted That by the Law no judgment can be given to suspend those Members from Sitting in the House upon the Papers presented from the Army before the particulars be produced and proofs made and that it doth not appear that any thing hath been said or done in the House by any of those Members touching any Matters in the Papers sent from the Army for which the House can in Justice suspend them Order for pulling down the new Excise-House in Smithfield to which work many people gladly resorted and carryed away the Materials The Head Quarters of the Army removed from St. Albans to Berkamstead the King was unwilling to return to Newmarket but stayed at Royston Power given to the Parliaments Commissioners to confer with the Commissioners of the City in the Army and Order for the Militia of London to send four Companies for the Guard of the Parliament 26. Letters from the Commissioners in the Army and from the General of the Grounds of the Armies advance nearer London Not to awe the Parliament or be a terror to them or the City and renewed their desires That the Members charged by them may be suspended the House and then they will give in a more particular Charge with the Proofs to make it good Letters from the General and his Officers to the City assuring them That they will keep their promise to them and intend not in their near approach any prejudice to the City That they tender their peace and welfare equal with their own and their aims are only to obtain a firm Peace and not a new War The Head Quarters came to Vxbridg and resolved not to march nearer London The King was at Hatfield Upon debate of a message from the eleven Members Charged by the Army the House at last agreed to it and they all left the House Mr. Hollis Sir Phil. Stapleton and Mr. Long went together in a Ship to France where that Gallant English Gentleman Sir Phil. Stapleton fell sick at Sea and grew more sick on Shoar at Callis and within two or three days dyed there as some suspected of the Plague Others of the eleven Members went to other parts and some of them retired into their Countries and there lived privately Mr. Hollis continued divers years after in Britany in France Letters from the Commissioners in the Army about their additional Powers Orders touching the Arrears of Listed Officers out of the twenty five thousand pounds The Ordinance past the Commons for relaxation of Schollars and Apprentices Letters from Vxbridge informed That Dr. Hammond and Dr. Shelden were come to the King to Hatfield That the Councel of War Sat all night at Vxbridge and recalled some of their Regiments who had Quarters nearer London 28. Upon Letters from the Commissioners with the King the House Ordered That they do remove the Duke of Richmond Dr. Shelden Dr. Hammond and all others who ought not to come to the King according to their instructions and that a Letter be sent to the General to give Order that the Guards attending His Majesty observe the Commands of the Commissioners in relation to their Instructions and in keeping Malignants from the King Letters from the Army to this effect That as to the Vote That for any thing done by the eleven Members in the House they could not in justice suspend them Though they doubted not but if it might be done without breach of Priviledg they could prove such proceedings and practises of theirs in the House that they ought to be suspended yet they were so tender of the Priviledges of Parliament that at present they would forbear to press any further upon that point To the Vote That by the Law no judgment can be given to suspend those Members upon the Papers from the Army till particulars produced and proofs made Though reasons may be given and precedents of this Parliament produced to the contrary as in Cases of the Earl of Strafford the Arch-Bishop of Canterbury and the Lord Finch yet considering the proceedings thereupon will take up much time and the present unsettled affairs will require a speedy consideration they are willing that the greater and more general matters be first settled and will forbear giving in the particulars unless required Whereas they understand that the Members Charged by them desired leave to withdraw themselves from the House they take notice of the modesty thereof and
suppose that as the Gentlemen themselves will forbear to offer the contrary so they expect the Wisdom and Justice of the House will not admit of any thing to the contrary to interrupt the proceedings upon the general affairs The House passed these Votes That no Officer or Souldier of the Army shall leave the Army without Licence or Discharge from the General That they do own this Army as their Army and will make provision for their maintenance and for their Pay equally with those that have deserted the Army Referred to the Committee of the Army to make provision accordingly Referred to the Commissioners in the Army to be earnest with the General That no obstruction or discouragement be given by the Souldiers to the levying of the Excise and other Assessments An Ordinance Read for saving harmless all well affected persons from any Bonds c. extorted from them by the Enemy in the time of War Referred to the Commissioners of the Great Seal to bring in a List of Judges for the next Circuit 29. An Ordinance past both Houses for Collonel Butler to be Governour of the Isle of Scilley A Petition from the Eleven Members except the Recorder Glyn to come to a speedy Tryal he earnestly advised his Brethren against this Petition but they were wilful and he would not joyn in it A day set for the particular Charge of the Army to be brought in against the Eleven Members Order for the Accounts to be stated of Collonel Graves and Collonel Pyes Forces and that the Officers and Souldiers come off from the Army advance for Ireland or be Disbanded An Ordinance committed for Souldiers not Inhabitants to depart the City Both Houses granted a Pass to the Dutch Ambassador to go to the King and so to return home 30 The Fast-day after Sermon A Committee appointed about reedifying the Church of Torrington Another to consider of able persons for accommodation in Religion Order for the Magistrates of the City to be careful to execute the Ordinances for observation of the Lords-day and Fast-days and for inquiry what Malignant Ministers have been admitted into Benefices Letters from the Commissioners in the Army and from Sir Thomas Fairfax That the last Votes of the House had met with such complyance in his Councel of War that in confidence of this further progress about the desires of the Army and in submission to the Votes of Parliament the Army had removed their Quarters further from London and were to be this night at Wicombe The Commissioners in the Army were desired by the Councel of War to procure from the Parliament a full answer to the last Propositions of the Army before which they cannot conclude any thing upon the Treaty Mr. Patrick Young formerly His Majesties Library-keeper at St. James's and a great Scholar with the assistance of Selden and Whitlock undertook the Printing of the Septuagint Translation of the Bible whereof he had in his custody a famous antient Copy if not an Original Manuscript July 1647. July 1. Orders about Pay for the Army That the King shall reside no nearer London than the Quarters of the Army will be born That the Committee do meet about accommodation in Religion Information of one Cousens an Alderman of Newcastle Negotiating to bring the Scots again into England The Lords were desired to expedite the Propositions to be sent to the King It was reported That part of the Charge against the Eleven Members particularly against Mr. Hollis would be the business of the Lord Savile's Information against him and Whitelock two years since 2. A Petition from the Common-Councel 1. That Command be given that no Officer or Souldier come within the Lines of Communication upon pretence to share monies for their Arrears 2. That such as are Paid may depart the City within two days 3. That all who have been in Arms against the Parliament may depart the City 4. That such as have come in from the Army may be otherwise disposed of 5. That all bring in concealed Goods 6. That the revenue be mannaged by Rules 7. That the Parliament would lay aside lesser businesses and prepare such Laws for the Kings concurrence as may settle the Government of the Church secure the people from Arbitrary Power and to restore his Majesty to his just Rights and Authority 8. That all Officers of State and Justice may be Persons of Honour of considerable Interest and known Integrity 9. That speedy care be had of Ireland 10. That Correspondence with Scotland according to the Covenant be maintained 11. That Elections may be examined and the House purged of such as are unduely Elected or have been against the Parliament 12. For a course to decide Admiralty Causes 13. That satisfaction being made by Delinquents an Act of Oblivion may be passed The Petitioners had thanks for their good affections and answer That most of the particulars were under consideration Some of the Members attended the less in the House when these matters were in agitation being unsatisfied that the Army and City should thus seem to impose upon the Parliament Reference to the Committee of Cheshire about Pay and lessening of the Garrison of Chester Orders about the affairs of Ireland That two thousand six hundred pounds be paid to the Lord of Ormond and for mony for Advance and Transport of Forces into Ireland and that three Commissioners be sent into Munster One of the Knights of Essex presented a Petition from part of that County and the Gentlemen that brought it had thanks for their good Affections and the House took notice of the delivery of it in a Parliamentary way Other Petitions from Norfolk and Suffolk Letters from the General and his Officers with a Declaration of the Army disclaiming a Pamphlet called Heads presented by the Army to the Kings Majesty and another called Articles agreed upon betwixt the King and the Army as false scandalous and injurious to them and which they detest and desire the Authors may be found out Letters from the Commissioners in the Army certified That the General had appointed Lieutenant General Cromwell Collonel Ireton Collonel Fleetwood Collonel Rainsborough Collonel Harrison Collonel Sir Har-Waller Collonel Rich Collonel Lambert Collonel Hammond and Major Rainsborough or any five of them to Treat with the Parliaments Commissioners upon the Papers sent from the Army to the Parliament and their Votes To the Vote touching the Eleven Members was answered That the Councel of War had a great willingness to answer the expectation of the House in all things so in this particular but the things being of great importance and the persons charged many it had taken more time than was expected they therefore desire respite for three or four days when they would bring in the particular Charge against the Eleven Members and the Kingdom shall see that they have not impeached the Gentlemen out of any private respects but their duty to the Publick The
the Commissioners with the King That he is willing to settle Presbytery for three years and the Militia as he before offered but others he is not satisfied to assent unto but desires to put himself upon the Proposals of the Army and that they may be taken into consideration Some private Treaties were said to have been by some Officers of the Army with the King and instructions given by Cromwell and others That if he would assent to their Proposals lower than those of the Parliament that the Army would settle him again in his Throne But the unfortunate as to him his Bishops persuaded him against what he was inclined in his own judgment to have agreed unto and thereby ruined him and themselves at the present 13. The Commissioners returned with His Majesties answer to the Propositions He waves those now sent to him or any Treaty upon them and flies to the Proposals of the Army urgeth a Treaty upon them and such as he shall make professeth he will give satisfaction for settling the Protestant Religion with Liberty to tender Consciences to secure the Laws Liberty and Property and Priviledges of Parliament and of those concerning Scotland he will Treat apart with the Scots Commissioners A Copy of this answer was sent by the King to Sir Thomas Fairfax Many Addresses were dayly made by Petitions and otherwise to the General upon particular grievances and he and his Councel of War returned prudent answers to them The Agitators of the Army presented a Paper to the General in behalf of many who were in Prison for words spoken by them against the King in the time of the War and the General certified the same by Letter to the Parliament Letters from the North of the wise and just managing of the affairs in those parts by Major General Lambert That by his Councel of War he sentenced one Macro an Irish man a notorious proved Drunkard and Swearer to be bored through the Tongue with a red hot Iron imprisoned fourteen days with Bread and Water and to be Cashiered the like Sentences were against others to the contentment of the people 14. Upon reading the Kings answer to the Propositions for Peace a day was appointed by either House to consider of it and that in the mean time it be communicated to the Scots Commissioners Upon earnest Letters from the General in behalf of James Symbâ—l and others in Prison for speaking of words against the King in the time of War for which Justice Bacon and Sergeant Creswel Commited them the House referred their Cases to the Committee of Imdemnity with power to release the Prisoners if they found cause A Petition from divers Bucks men against Tithes and Free Quarter answered that the House would take the business of Tithes into consideration in covenient time and were now in debate touching Free Quarter Debate upon the report concerning Lieutenant Collonel Lilburne and touching some Compositions and a Vote to take off the Sequestration of Sir Robert Nappiers Estate The Common-Councel of London thought it discretion to comply with the desires of the Parliament and Army in advancing fifty thousand pounds for the Army and had such addition of security for it as they proposed 15. An Ordinance committed for settling some Lands of the Earl of Worcesters upon the Lord Say Sir Benjamin Rudyeard and Sir Rowland Wandesford for reparation of their losses by the taking away of the Court of Wards Orders for Commitment of some Actors in the late great Tumult A report of the proceedings of the Commissioners in the Army and a debate touching Tithes and referred to a Committee to consider of a way to redress the grievances in this business of Tithes Several Petitions from Oxfordshire Heriford-shire and other Countries against Tithes referred to a Committee A Petition of the Inhabitants of Southwark That the Houses may be purged of such as assisted in the late Tumults and Force upon the Parliament when the Members were driven away was laid aside for the present 16. the Petitions of London Southwark Oxfordshire Bucks Hertfordshire c. For purging the House of all Members that Sat in the absence of the Speakers was debated and resolved That the proceedings in that time should be Null but that no Member should be questioned for being then present in the House but such as were Actors in the Tumult City engagement and design of a new War The Petitioners had thanks for their good affections and were desired to be be satisfied in this business Order for an Impeachment of high Crimes and Misdemeanours against Mr. Glyn and against Collonel Copley and for the Lords to be desired to appoint a day for the Commons to bring in their particular Charge against the seven Impeached Lords Both Houses past the Ordinance concerning Delinquents Compositions and some particular Ordinances for taking off Sequestrations of the Estates of the Lady Bankes and her Son Sir Richard Price and others The Commons Concurrence desired to Ordinances touching Payment of Fee Farm Rents by Members of Parliament and recovery of monies due by Bonds given in the Court of Wards Debate touching the lessening of the Forces in England and Votes touching the Forces to be sent into Ireland and for Pay for them and referred to the Commissioners in the Army to Treat further with the General and his Field-Officers concerning these particulars 17. Orders touching the months gratuity appointed for the Army and the months Pay for them and about the fifty thousand pounds and touching the Charge against the seven Lords Vote That for present security of this Kingdom till affairs be settled here and in order to the future relief of Ireland seven thousand two hundred Horse one thousand Dragoons and eighteen thousand Foot be kept up in England The Scots Forces under Lieutenant General David Lesley Qnartering upon the Borders gave some cause of offence to the English many of their Commanders resorted often to Berwick 18. The Establishment of the Army and Garrisons was referred to the General and Commissioners of Parliament in the Army with reference to the former Orders of the House Information from Ireland of some underhand dealing and invitation of the Lord Inchequin and Col. Jones to joyn with the Scots Forces in Vlster After a Sermon in Putney Church the General many great Officers Field Officers inferiour Officers and Agitators met in the Church debated the Proposals of the Army and altered some few things in them and were full of the Sermon which was Preached by Mr. Peters The General and his Council agreed upon a Declaration concerning the delays in raising money for the Army and Garrisons and the sufferings of the Country by free Quarter occasioned by those wants and the hindrance of disbanding the Forces not necessary to be kept up and of relieving Ireland all this caused by their neglect on whom the Parliament did depend and especially they take notice of the delayes of
to the Presbyterian Government and none other That Liberty of Conscience granted shall extend to none that shall Preach Print or Publish any thing contrary to the first fifteen of the thirty-nine Articles except the eighth That it extend not to Popish Recusants or taking away any Poenal Laws against them Order by the Lords that the Marquess of Winton have three Months longer time to be abroad Committees appointed to draw things into form and touching the Prorogation of the Parliament and touching Justices of the Peace and Grand-Jury-men 14. Debate touching the end of Sessions of Parliament and this Session to end in twelve Months after the passing the Bill and afterwards the Sessions to be Triennial The Commons voted Liberty to tender Consciences by way of Indulgence and much to the effect as the Lords had before voted A Letter from the King to the General That he would write to the Parliament that his Majesties Children might not yet be removed to St James's but remain for a night or two within 15. Debate upon the Ordinance for Tunnage and Poundage Proceedings upon the Propositions concerning Church-Government The General Councel of the Army at Putney resolved That every Trooper should abate 12d per diem in lieu of free Quarter and every Foot Soldier 4d per diem 16. Debate touching Religion and Voted That the Indulgence as to tender Consciences shall not extend to tolerate the Common Prayer The Lords sent the Propositions to the Commons for their concurrence to be sent to the King with some alterations The Commons referred them to a Committee to peruse wherein they agreed or disagreed from the former Propositions Suspition of designs to bring in the Scots to assist the King 18. Proceedings upon the Propositions to be sent to the King the same as before Added to put a period to this Parliament a year after the passing of this Act. For Elections of Justices of Peace and Grand Jury-men The King to return to his Parliament and have his Rights Queen and Children restored to him Some alterations made by the Commons and referred to a Committee Debate Seven Delinquents to be excepted from pardon of life Complaints against Stage-players and an Ordinance to suppress them Debate upon L. C. Liburne's Case committed by the Lords against which he complained by a long Speech Mr. Belliure the French Ambassador took his leave of the King The Gourdons rose in Arms in Scotland and Major General Miadleton gave a defeat to some of them The Agitators of five Regiments of Horse presented some high Papers to the General as the sence of the Army which was not so but of these Agitators The General answered their Letter That he thought it meet to be presented to the General Councel 19. A grand Committee to consider of Moneys for Pay of the Army out of the Excise Bishops Lands c. Letter from the French Ambassador about his taking leave and desiring a Pass Debate about Coaches c. for his Journey Order that three Lords and six Commoners give the Ambassador a visit at his departure Ordinance against Stage-plays carried up to the Lords Col. Jones took in four Castles from the Rebels but could not force them to fight though at advantages Power given to suppress the Moss-Troopers 20. Several Votes pass'd upon the Proposition of Persons excepted from Pardon agreed to be seven and touching Estates and Offices c. 21. Proceedings and several new Votes upon the Propositions A Petition from Sir William Roberts and the other contractors for the sale of Bishops Lands of the Obstructions in that business referred to a Committee to consider of a way for removal of them The Lords agreed with the Commons in the Ordinance for suppressing Stage-Players 22. A Petition of the East-India Company referred to a Committee Order for twelve hundred pound for Lieutenant Collonel Goll's Arrears An Ordinance committed for Payment of all Arrears to the Soldiers particularly to some of Sir Thomas Fairfax's Army and ordered out of the Sale of Bishops Lands after the precedent engagements thereupon The Assembly presented to the House a Catechisme drawn up by them Referred to the Committee of the Army and to the Committee of the Navy to inquire what Arms Ammunition and Ordnances belonging to the Publick are in any private hands or not made use of for the service of the State and to restore such as belong to any who are well affected to the Parliament and the rest to be brought in to the Tower or made use of for the Navy The General and General Councel of the Army met at Putney and had much debate touching the Papers presented by the Agitators of the five Regiments which were disliked by the General and his Officers and they appointed a Committee to consider of the Paper printed intituled the Case of the Army to send for such Parties as they shall think fit and to prepare something to be offered to the next General Councel and for vindication of the Army from the aspersions cast upon them by that Paper They were also to consider of a way for the speedy bringing in of monies upon Compositions to be offered to the House from the General Councel and of an abatement of the Pay of Non-Commissioned Officers and to prepare Rules for Quartering of Souldiers for the ease of the Country and about some Troopers lately taken in to be Disbanded about Waggoners and payment of Arrears 23. A Letter from the Scots Commissioners here to give notice to the Houses That there was a command laid upon them to attend the King which they did this day at Hampton-Court Orders for mony for the Army Proceedings upon the Propositions and Voted That the Tithes belonging to Deans and Chapters shall be imployed towards the maintenance of a Preaching Minister 25. Votes for Pay of the Arrears of Souldiers out of the Estates of Delinquents the remainder of Bishops Lands and Forest Lands this to be inserted in the Propositions and an Act to Null the Court of Wards and the King to have twenty thousand pounds per An. in lieu thereof and that the two Houses shall nominate all the chief Officers in Ireland and also in England A Committee of both Houses for Forrein Affairs to consider of a Message from the Ambassadour of France A Case of Indemnity determined The Committee of Estates in Scotland considering the dangers then imminent to Religion His Majesties Person and Authority the Union betwixt the Kingdoms and Peace of that Kingdom fully represented to them in Letters from the Commissioners in London and by several informations found it necessary in regard thereof that the Army be kept up till March next Letters from the North of the care of Major General Lambert for equal Quartering of his Souldiers and for punishment of some to run the Gantelope for Plundering and for meddling to assist in taking possession of a parcel of Tithes and taking in the advice
the King to both Houses Letters from Col. Hammond That he caused a meeting of the Gentry of the Island who expressed their readiness to preserve his Majesties Person and to obey the authority of Parliament That he had given order to restrain any from going out of the Island or from coming in without Passes or being examined by him and he desires accommodations for the King Order for ten thousand pound for the Garrison of Plymouth and for discharging the supernumeraries there Reference to a Committee to consider of the Kings expences and what they will amount unto above fifty pound per diem formerly allowed A Committee to consider of the Papers and Letters sent from the Army and of the late endeavours of the London Agents to raise a mutiny in the Army and how exemplary Justice may be done upon them and a Declaration ordered upon this whole business Another rendezvous was in the Hare-Warren near Kingston of several Regiments of Horse and Foot who expressed no discontent or disunion but a ready complyance and subjection to his Excellency 19. Ordinance pass'd for Money for the Army Lieutenant General Cromwell gave an account to the House of the proceedings at the late rendezvous and how by Gods Mercy and the endeavours of his Excellency and his Officers the Army was in a good condition and obedience to his Excellency and the superior Officers of the Army and submissive to the authority of Parliament Lieutenant General Cromwell had the thanks of the House for his good Service at the rendezvous and the like ordered to all the Officers of the Army who were active to suppress the mutinous courses The Commons desired the Lords to appoint a Committee to present the Propositions to his Majesty Order that Lieutenant General Cromwell do declare to the General That the House will be at all times ready to receive and give such answer as is sitting in a Parliamentary way to such humble Addresses as shall be made from the Army to the Houses by his Excellency The Kings Letter from the Isle of Wight to the two Houses was to this effect That he supposeth they had received the Letter which he left behind him at Hampton-Court according to which and being in a place of more Security than he was there he still desires and endeavours the settlement of an happy Peace and because Religion is the best and chiefest foundation of Peace he begins with that particular That for the abolithing of Arch-Bishops and Bishops c. he clearly professeth that he cannot give his assent thereunto as he is a Christian and a King Not as he is a Christian for he avows that he is satisfied in his Judgment that this order was placed in the Church by the Apostles themselves and ever since their time hath continued in all Christian Churches throughout the World until this last Century of years and in this Church in all times of Change and Reformation it hath been upheld by the wisdom of his Ancestors as the great preserver of Doctrine Discipline and Order in the Service of God That as a King at his Coronation he hath not only taken a solemn Oath to maintain this Order but he and his Predecessors in their confirmation of the great Charter have inseparably woven the Rights of the Church into the Liberties of the Subject That yet he is willing it be provided that the particular Bishops perform their several Duties of their Callings by their personal residence and frequent Preaching and to exercise no act of Jurisdiction or Ordination without consent of their Presbyters and will consent that their powers in all things be so limited that they be not grievous to the tender Consciences of others and sees no reason why he alone and those of his Judgment should be pressed to a violation of theirs Nor can he consent to the alienations of Church-Lands a sin of the highest Sacriledge and that subverts the intentions of so many pious donors who have laid a heavy curse upon all prophane violations which his Majesty is very unwilling to undergo and believes it to be a prejudice to the publick good many of his Subjects having the benefit of renewing Leases at much easier rates than if the Lands were private mens not omitting the discouragement it will be to all Learning and Industry when such eminent rewards shall be taken away which now lye open to the Children of meanest Persons Yet to satisfie his two Houses he is content that the Presbyterian Government do continue as it is now setled for three years provided that he and those of his Judgment be not compelled to comply therewith and that a consultation about settlement of Church-Government be by the Assembly with twenty Divines to be added to them of the Kings nomination That in the settlement of the Church-Government there be full Liberty to all those who shall differ on conscientious grounds from that settlement provided that nothing be understood to tolerate those of the Popish Profession nor exempting any Popish Recusant from the Penalties of the Laws or to tolerate the publick profession of Atheism and Blasphemy contrary to the Doctrine of the Apostles Nicâ—ne Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation As to the Militia which he avows an inseparable Right of his Crown he cannot devest himself and his Successors of the power of the Sword yet he will consent to an Act of Parliament to place the power of the Militia during his Reign in the two Houses of Parliament and after his Reign to return to the Crown As to payment of the Arrears of the Army he will consent if the House will remit to him some benefit of Sequestrations Compositions the assistance of the Clergy and the Arrears of his own Revenue to pay within eighteen months four hundred thousand pound to the Army and if that be not sufficient he will give way for the sale of Forrest-Lands for that purpose For payment of other publick debts he will consent to such Acts as the Parliament shall agree upon and to an Act for the naming of Officers of State and Privy-Councellors during his Reign by both Houses of Parliament the Commissions to be in his name and after his Reign this Right to return to the Crown He will consent to the taking away of the Court of Wards so as a full recompence be setled upon him in perpetuity That he will consent to an Act to make null all Declarations c. and to an Act of Oblivion that he will give satisfaction concerning Ireland and although he cannot in Honour consent to make void all his own grants under his great Seal and to confirm all Acts under the Great Seal at Westminster yet he doubts not but upon some proposals to give satisfaction therein to the two Houses He earnestly desires a Personal Treaty at London in
Princes Dukes Earls Lords and all persons alike liable to every Law of the Land 7. That all Commoners be freed from the Jurisdiction of the Lords in all cases and all tryals to be of twelve Sworn men and no conviction but upon two or more sufficient known Witnesses 8. That none be examined against themselves nor punished for doing that against which no Law is provided 9. That the proceedings in Law be abbreviated mitigated and made certain the charge thereof in all particulars 10. That all trade be made free from all monopolizing and ingrossing by Companies or otherwise 11. That the Excise and all kind of taxes except Subsidies be taken off 12. To have laid open all late inclosures of Fenns and other Commons or to have them inclosed only or chiefly for the benefit of the Poor 13. To have considered many thousands that are ruined by perpetual imprisonment for debt and provided for their inlargement 14. To have ordered some effectual course to keep people from begging and beggery in so fruitful a Nation as by Gods blessing this is 15. To have proportioned punishments more equal to offences that so mens lives and estates might not be forfeited upon trivial and slight occasions 16. To have removed the tedious burden of Tithes satisfying all Improprietors and providing a more equal way of maintenance for poor Ministers 17. To have raised a stock of mony out of confiscated Estates for payment of those who contributed voluntarily above their abilities before those that disbursed out of their superfluities 18. To have bound themselves and all future Parliaments from abolishing Propriety levelling mens Estates or making all things Common 19. To have declared what the duty or business of the Kingly Office is and what not and have ascertained the revenue past increase or diminution that there be no more quarrels about it 20. To have rectified the election of publick Officers for London restoring the Commonalty thereof to their just Rights 21. To have made reparation to all oppressed by Sentences in High Commission Star-Chamber and Council Board or by any Monopolies or projects and that out of the Estates of those that were Authors Actors and Promoters of those mischiefs and that without much attendance 22. To have abolished all Committees and have conveyed all businesses into the true method of the usual tryals of the Common-Wealth 23. Not to have followed the example of former Tyrannous and superstitious Parliaments in making Orders Ordinances or Laws or in appointing punishments concerning Opinions or things supernatural stiling some Blasphemies others heresies 24. To have declared what the business of the Lords is and ascertained their condition not derogating from the Liberties of other men that so there might be an end of striving about the same 25. To have done Justice upon the Capital Authours and Promoters of the former or late Wars 26. To have provided constant pay for the Army and to have given rules to all Judges and other Officers for their indemnity and saving harmeless all that have assisted 27. To have laid to heart the abundance of innocent blood that hath been spilt and the infinite spoil and havock that hath been made of peaceable harmless People by express Commission from the King and to have seriously considered whether the Justice of God be likely to be satisfied or his yet remaining wrath to be appeased by an Act of Oblivion The House gave thanks to the Petitioners for their great pains and care to the publick good of the Kingdom and said they would speedily take their desires into Consideration Another Petition was from well Affected Masters and Commanders of Ships Shewing that the Parliament had done Contrary to their Declarations and trade destroyed and they Petition for convoyes of their Ships in trading Outwards and Inwards according to the order of the Hollanders And that all monopolies and restraint of trade may be removed and some way taken to prevent the Shipping of Goods in foreign bottoms Intelligence from the revolted Ships that some of them are mending in Holland that the Saylors are insolent in their carriage towards the Prince Letters from the Isle of Wight that the King was removed to the place of Treaty and had his Liberty to ride about the Island Letters from Chester that by a Council of War there two were condemned and executed for a Plot to betray that City to the Kings Forces Letters from the North that a hundred Scots were brought in Prisoners by the Country that Cromwel was in pursuit of the Enemy and Lambert in the reare of him that the Enemy are about six thousand strong That Colonel Bethel and Colonel Lassells are sent to inforce the siege at Scarborough where three hundred Walloons are landed by command of the Prince That the Souldiers run away from Pontefract Castle to the Parliaments Party 12. The day of publick Humiliation for a blessing upon the Treaty Letters from New-Castle That Lieutenant General Cromwell was about Durham pursuing the Enemy who in the Bishoprick had exceedingly plundered and terrified the people wounding divers taking away the Children of others to get mony for the redemption of them and besides quarters they took of some three pound a House That those who cryed up Duke Hamilton's Party for the great reformers having been thus used by them and with civility by the Parliaments party their opinions are now altered That Monroe held a Council of War and resolved to march back to the Colepits and fire them all but two Posts came speeding to him to have him return presently back to Scotland for that the Presbyterian Ministers had got hold of the Civil Sword made the Marquess of Argyle General who was four thousand strong and too hard for the new levyed Forces of the Lord Lannerick Brother to Duke Hamilton That these Messengers came from Craford and Lannerick That the Scots Ministers had decreed among other things that in regard of the great defection to the Government throughout Scotland they will not administer the Sacrament of the Supper for one year to come That this saved the Colepits and sent the Scots the nearest way over Tweed in such hast that they had almost left their plunder behind them had they not preferred it before life and they left their confederate English to shift for themselves That some of Lieutenant General Cromwells Forces were gon over Tine and Major General Lambert marched by the way of Carlisle and many Countrey-men went with them to seek their Goods and Cattle carryed away into Scotland 13. The Grand Committee sat upon the Ordinance for sale of Deans and Chapter-lands and voted that a hundred pounds per annum should be the least that should be allowed to any minister for his benefice Letters from the Committee of York that the Treaty about Pontefract not taking effect they desired twenty thousand pounds for the Souldiery the House ordered twelve thousand pounds for them Some of the former
the Committee of Colchester did in assisting the Army with the Norfolk Forces and ordered a Letter of thanks to the Committee of Norfolk for the same 20. A Letter from the King for a safe-conduct for some persons to come from Scotland to the King and to return the House not knowing the persons and whether they were capable to be admitted to come to his Majesty referred to their Members who were late Commissioners in Scotland to consider of those persons and to report their opinion to the House Order for a new Election An Ordinance transmitted to the Lords for re-payment of ten thousand pound lent by some Citizens for the service of the King and the Commissioners for the Treaty and several other Ordinances past for mony and for the Prince Electors Allowance Divers apprehended for counterfeiting mony Letters from Amsterdam that Prince Charles was brought to the Hague with thirty Coaches and solemnly feasted and entertained and that he gave order for new rigging and fitting the revolted Ships out of the prizes he had lately taken That the Mariners in the revolted Ships continue their insolence and debauchery running on shoare drinking and quarrelling that divers have been killed and some thrown over Board 21. The House denyed safe-conduct for the Lord Carnagy one of the persons for whom the King desired it and for Sir Alexander Gibson it was also denyed and ordered a Letter to the King of the reasons of this denial Order for a thousand pound to one in Colchester well affected to the Parliament whose House was fired and five hundred pound to another out of Delinquents Estates there Letters from Ireland that the Forces of Colonel Jones and of Colonel Monk were marched into the Enemies Country to destroy or fetch in their harvest wherein they had advantage by the divisions of the Rebels Commanders and that Colonel Jones had taken in some Strong holds in Kilkenny Letters from Anglesey of the differences between the Lord Bulkely and the Lord Byron that the Island is in an uproar and that Colonel Mitton with a strong power is marching towards them 22. Order for discharge of fifteen hundred firelocks lately taken in a Ship An Ordinance transmitted to the Lords for allowing the Accounts of the Commissioners of the Excise Order for all who ingaged in the late tumults to be put out from being Justices of the Peace Deputy Lieutenants or from any other imployment Reference to a Committee of the Petitions of the Widows who have lost their Husbands in Ireland An Ordinance for Dr. Chamberlain to have the Improvement of all Bathes for fourteen years committed Order to exclude all private business for fourteen daies 23. Order for an hundred and fifty pound for Major Rolphe Order for mony for the Commissioners of the Treaty The King desired a part of the preamble which seems to lay the bloud-shed upon him may be respited till the end of the Treaty Order for a Letter of thanks to the Comissioners for the Treaty for their prudent managing thereof and to acquaint them with the care of the House for their accommodation Two were condemned at Oxford for attempting to betray that Garrison and cast lots for their lives it fell upon him that was least guilty and most free in his Confession and therefore some of the Assembly of Divines and others mediated with the General for his Pardon Two others were condemned and one of them executed for running away from their Colours to the Enemy at Colchester 25. Upon a Letter from the Lieutenant General order for a Fort to be built at Yarmouth A Committee named to examine Debenters whether the Souldiers were absent at the time of their Debenters Letters from Colonel Bethel and Colonel Lassels of the taking of Scarborough Town and a list of the Prisoners The House left it to them to dispose of the Prisoners and to examine which of them had ingaged never to bear Arms against the Parliament that they may be tryed Order for an Impeachment against the Lord Goring and an Act of Attainder against the Lord Capell to be brought in Addition to the Committee to examine Duke Hamilton and the Prisoners of Kent Order for the Committee at Derby House to give a Commission to Colonel Ashton to be Major General of the Lancashire Brigade and to have the pay of forty Shillings per diem besides the pay of a Colonel of Horse and a Colonel of Foot The relieving of the besiegers of Scarborough with Ammunition approved and as much to be restored to Colonel Overton who did it from Hull Major General Brown one of the Sheriffs of London acquainted the House with a Letter he received from the King for the reprieve of some Prisoners convicted for Robbers being sons of his servant Major Knight The House ordered them to be left to the Justice of the Law The Lords ordered a stay of the Sale of goods seised for the delinquency of the Lord Maitland The Lords concurred in the Ordinances for the Scribes of the Assembly to print the Lesser Catechism and to have the benesit of it for one year and to the Prince Electors Ordinance Letters from Lieutenant General Cromwell that the Scots denying to surrender Berwick inforced the Parliaments Army to pass Tweed else they could not besiege it nor could they pursue the Enemy who had lately made much spoyle in England That he sent over Major General Lambert with part of the Army That Monroe left neither Corn nor Cattle in Northumberland that Cromwell sent Colonel Bright and Scout Master General Rows to the Marquess of Argyle to consult about assisting him according to his request those of Monroe's party being too strong for him Cromwell published a Proclamation upon his entring of Scotland That where as the Parliament's Army marched thither to pursue the Enemy that lately invaded England and for the recovery of Berwick and Carlisle He declares that if any Officer or Souldier under his Command shall take or demand any mony or shall violently take any Horses Goods or Victuals without order or shall abuse the people in any sort they shall be punished according to the Articles of War this to be published at every Troup and Company Signed Cromwell Upon a meeting of the Commissioners of the Seal they agreed upon the names of Judges and Serjeants to be presented to the House 26. The House was called and a hundred and fifty Members were absent and a new call Ordered Letters from the King for passes for some of his to go to Scotland and from thence to come to his Majesty Letters from the Navy that the Earl of Warwick had taken an Irish Ship loaden with tallow c. Letters from the Isle of Wight that the two first days of the Treaty were spent in laying down the method that nothing should be binding but what was in writing and not that till the end of the Treaty and that
aiding the King in his Wars and of an Act for making void all honours conferred on persons without the consent of both Houses And of an Act for the due observation of the Lords day Order for two great Cannons to be sent down to the Forces before Pontefract and Scarborough The House required an account concerning the taking off of the Sequestration of Sir John Winters Estate Order for addition of seven days more time for the Treaty at the Isle of Wight Letters from St. Albans that the General Officers of the Army upon their several meetings at the head quarters had agreed upon a Large Remonstrance to be presented to the Parliament The new Serjeants appeared at the Chancery Bar and Whitelock made the speech to them to this Effect M r Serjeant S t John and the rest of you Gentlemen who have received Writs to be Serjeants at Law IT hath pleased the Parliament in commanding these Writs to issue forth to manifest their constant resolutions to continue and maintain the old setled form of Government and Laws of the Kingdom and to provide for the supply of the high Courts of Justice with the usual number of Judges and to manifest their respects to our profession And likewise to bestow a particular mark of favour upon you as eminent Members of it the good affections to the publick and the abilities of most of you they know by experience among themselves and of the rest by good information I acknowledge that the burthen of this business lies heavy upon me in regard of my own weakness And the worthiness of the Persons to whom my words are directed but as I am of the least ability to give so you have the least need to receive Instructions I should be unwilling to see the solemnity of this general Call diminished and am the rather perswaded to supply my present duty for several respects 1. For the honour of that Authority which commands your attendance and my service upon this occasion 2. For the honour of this Court which challengeth a great share in this work your Writs issuing from hence your appearance here Recorded and your Oath is here to be taken 3. The honour and particular respects which I have of you that are called to this degree 4. And lastly out of my own affections to the degree being my self the Son of a Sergeant and having the honour to be one of your number in this Call and I do acknowledge that both in my descent and fortune I am a great debtor to the Law For these reasons I presume especially being with those from whom I have by long acquaintance found much friendship that I shall now receive a fair construction of what I speak upon this very great subject My observations shall be upon your Call by Writ and upon the Writ it self Your being called by Writ is a great argument of the antiquity of Sergeants The Register hath many Writs as my Lord Coke holds in his Preface to the 10. Rep. that were in use before the Conquest and in the most antient Manuscript Registers is your Writ of the same form with those by which you are called and if there had beeen any alteration within time of memory it would probably have been extant We find Sergeants at Law often mentioned in our Year-Books and in the Records in the Tower as high as the beginning of E. 1. and by Bracton who wrote in H. 3. time And it may probably be conjectured that William de Bussey was a Sergeant by his habit of the Coif and his Office Of whom Matthew Paris relates 42 H. 3. that he was Seneschallus Principalis Consiliarius Gulielmi de Valentia and being accused for great crimes upon his Tryal when he could not acquit himself Voluit ligamenta suae Coifae solvere ut palam monstraret tonsuram se habere clericalem and so to have avoided judgment but it would not serve his turn Thus far it is granted by a little Manuscript treatise which endeavours to detract from the honour of this degree and therefore requires an answer It asserts that by Magna Charta Communia placita non sequantur curiam nostram the Court of Common-Pleas was crected and that some of our profession by Writ then framed were commanded to attend that lower Court the Lawyers being generally unwilling to leave the Kings House where the other Courts of Justice then sate and to attend this new Court elsewhere It is reasonable well that they are allowed the antiquity of 9 H. 3. and by this as antient as the Common-Pleas Court but the errour that this Court was erected 9 H. 3. is sufficiently refuted The same great Charter is in Matthew Paris in King John's time with the words of Communia placita c. in it but I presume his meaning is that before the Statute of Magna Charta there was no Court of Common-Pleas though his words be before 9 H. 3. It is manifest by undeniable Authorities out of antient Manuscripts and Rolls and the black Book of Peterburgh that Cases were adjudged in R. 1. and H. 2. time coram Justitiariis in Banco residentibus and the names of those that were then Judges of this Court are set down many years before Magna Charta was granted which by Hoveden Paris and others are said to be the Laws of Edward the Confessor And if itbe admitted that Sergeants are as ancient as these Laws they allow them the Antiquity of the Confessor and if as ancient as this Court they are certainly as ancient as any thing in our Law But the Author of this Treatise affirmeth that before the Erection of the Court of Common-Pleas it cannot be shewed that there were any special Sergeant Pleaders I am of his opinion and likewise that no man can shew when that Court was first erected which is also the opinion of my Lord Coke 5. Rep. 9 Ed. 4. Sir Roger Owen Lambert and others Yet if the Author mean that before Magna Charta 9 H. 3. there were no such Sergeants he may be satisfied the contrary out of Hoveden and Paris who lived in R. 1. and H. 3. time and are Authors of good Credit They recite the Charge of the Justices in Eyer given in R. 1. and King John's time One of their Articles is to Enquire of the Sergeants at Law and Attorneys Fees In the Book of Entries in a Bill of Debt against a Sergeant at Law in the Common-Pleas he shows and prescribes that Sergeants could not be sued there by Bill but by Writ out of the Chancery and this being by Prescription shows that Sergeants were before the time of Rich. 1. And the Mirror of Justices which I presume they will not deny to be yet more ancient which my Lord Coke holds to be written before the Conquest saith a Countor est un Sergeant Sachant in la Ley de Realm to pronounce and defend Actions in Judgment From the Antiquity of the degree I come
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
as they give satisfaction 3. That publick Justice may be done upon some Capital causers and actors in this War 4. That the rest upon submission may have mercy for their lives 5. That the Souldiers may have their arrears and publick debts be paid out of Deliquents Estates 6. That a period be set to this Parliament and a provision for new and more equal Representatives of the People Then they offer rules for this Representative power and that it be the Supream power That no King be hereafter admitted but upon Election of and in trust for the People by such Representative That the General settlement be done by this Parliament and established by a general contract and agreement of the People with subscriptions thereunto and none to be capable of benefit by this agreement without subscribing thereunto nor any King be admitted to the Crown or any other to any Office without Subscribing to it These things they press as good for this and other Kingdoms and hope it will not be taken ill because from an Army and so servants when their Masters are servants and trustees for the Kingdom This Remonstrance induced a long and high debate some inveighing sharply against the insolency of it others palliated and excused the matters in it and some did not stick to justify it most were silent because it came from the Army and feared the like to be done by them as had been done formerly in fine the debate was adjourned 27. Ordinance transmitted to the Lords touching the Sale of Bishops Lands Order to stay all process against any for selling Tobacco without licence from former Patentees of that Monoply and referred to a Committee to examine that matter the like order touching the Office of Wine licences An additional proposition past by the Commons to be sent to the King that he would pass such Acts as should be presented to him by both Houses for strengthning the Vnion between England and Scotland Both Houses agreed to continue the Earl of New-Castle one of the seven to be excepted from Pardon and Sir Jo. Byron to be put in for another in stead of Sir John Winter Order of both Houses for three thousand pound for Colonel Rossiter and all the Forces in Lincolnshire except his Troup to be disbanded Letters from the Isle of Wight that the King refused to pass any thing against the Marquess of Ormond until the Treaty be wholly ended and that he adheres to his former resolution concerning Bishops and that their Lands be leased only for 99. years and not sold The Commissioners of the great Seal sate in Chancery without Sir Tho. Widdrington and heard many Motions till past two a Clock then the new Serjeants came in their party-coloured Robes and their servants and the Gentlemen of the Inns of Court with them after they were come the Judges of the Kings Bench and after them the Commissioners of the great Seal went to the Common-Pleas Court where they sate in the middle of the Bench the Chief Justice of the Kings Bench on the Right hand of the Earl of Kent and the Lord Chief Baron on Whitelocks Left hand and the other Judges on either hand of them in their antiquity and the Barons of the Exchequer on a form on the Right side of the Court. The new Serjeants were brought up in their antiquity singly by two of their Elder Brethren to the bar where they Counted and when they had done a Gentlemen their Friend appointed by them did deliver their several Rings to the Earl of Kent first then to my Lord Grey next to Whitelock then to the Chief Justice and Chief Baron and to the rest of the Judges and Barons in their Antiquity This ceremony held till past four a Clock in the afternoon 22. Orders touching levying the assessments and disbanding supernumerary Forces Upon a Report from the Committee of the Army the House approved of the General his drawing the Army into Towns and Garrisons and of his Listing no more Forces and disbanding supernumeraries An Ordinance past for five thousand pound out of the Delinquents Estates in Essex for the gratuity promised to the Souldiers that were before Colchester Upon the desire of Colonel Birch a Member of the House the place of high Steward of Lemster with the profits thereof was conferred on him being void by the Delinquency of Sir Walter Pye And upon the desire of M r Thomas Waller of Grey's Inn Order for the Commissioners of the great Seal to pass a Patent to constitute him the Judge of the Isle of Ely Letters from the Hague that six more of the revolted Ships were come in and that a Challenge past betwixt Prince Rupert and the Lord Culpepper The Commissioners heard some causes and a few Motions in Chancery and then rose and went to the Kings Bench where they did swear Serjeant Brown a Judge of that Court Sir Thomas Widdrington made a short speech to him which he answered and then took the Oaths of Allegiance and Supremacy and of a Judge Then the Earl of Kent delivered to the Secondary of the Kings Bench the Patent for him to be a Judge of that Court which was read and afterwards the Earl of Kent delivered the Patent to Sergeant Brown and he took his place of the third Judge of that Court. From thence they went to the Common-Pleas where Sir Tho. Widdrington made a short speech to M r Sergeant S r John and Sergeant Bedingfield who answered him and then their Patents were read and delivered to them and Sergeant S r John was sworn Chief Justice of the Common-Pleas and Sergeant Bedingfield the Puisne Judge of that Court. From thence they went back to the Kings Bench where Whitelock made a short speech to Sergeant Jermyn and he answered him and then his Patent was read and delivered to him and he took the Oaths and his place of a Fuisne Judge of that Court. From thence they went into the Exchequer where Sir Thomas Widdrington spake not long to M r Gate who answered him and was sworn and received his Patent and was made a Baron of that Court. 23. Letters from the Isle of Wight with his Majesties ultimate answer concerning Bishops That he cannot with a good conscience consent to the total abolition of the function and power of Bishops nor to the intire and absolute alienation of their Lands as is desired because he is yet per swaded in his judgment that the former is Apostolical in the institution and that to take away the latter is Sacriledge Neither can his Majesty communicate in a publick form of Divine service and administration of the Sacraments where it is wholly uncertain what the Minister will offer to God To this the Commissioners answered That it was not the Apostolical Bishop which the Bill desired his Majesty to remove but that Episcopacy which was formerly established by Law in this Kingdom grown up to an height of outward pomp and
greatness and found by Experience to be a grievance to the subject a hindrance of piety an incroachment upon the power of the Civil Magistrate and so a burthen to the persons purses and consciences of men Whereupon the Parliament finding it to be for the honour of your Majesty and profit of the Subject to take it away desire this Bill for that purpose not inedling with the Apostolical Bishop nor determining what that Bishops is whom the Apostles mention in Scripture but only to put him down by a Law who was set up by a Law Nothing can be more proper for Parliaments than to alter repeal or make Laws as Experience teacheth to be for the good of the Commonwealth but Admitting that Apostolical Bishops were within the purport of this Bill they humbly conceive it doth not follow that therefore in Conscience it must not be passed for they may not grant that no occasion can make that alterable which is found to have sure foundation only in the practice of the Apostles not in a precept For the Sale of Bishops Lands which his Majesty apprehends to be Sacriledge they humbly offer that Bishopricks being dissolved their Lands as of all Corporations naturally by the Laws of the Land revert to the Crown which is their founder and Patron and heretofore held it no Sacriledge to dispose of Bishops Lands to its own and others use by Act of Parliament which was an Ordinary practice in his predecessors Besides that they might say that in all ages and even under the Ceremonial Law imminent and urgent necessity especially by the publick hath dispensed with the otherwise imploying of Consecrated things As to that that his Majesty cannot communicate in a publick form of divine service where it is uncertain what the Minister will offer to God They answer that the Directory is certain as to the matter leaving it to the Minister to inlarge or express in words according to his discretion for the exercise of his gifts and they add that it can be no objection against joyning with a Minister in a Prayer not to know before hand the very words that he will say for then one must not hear any Prayer before Sermon where every several Minister hath a several form and must vary still according to occasion That what his Majesty hath already consented to concerning Bishops leaves it solely in his own power for their return again to their former power after three years and to have the Negative voice in Ordination which they humbly conceive the Scripture holds not forth to have been in that Bishop who is there mentioned in these Writings of the Apostles and consequently that which his Majesty endeavours to preserve not to be the primitive Office of a Bishop That the intention of the Parliament is not to Offer violence to his Majesties Conscience but that he will be pleased to rectify it by being better informed that both he and his People may have cause of rejoycing The Lord Grey of Groby had the thanks of the House for taking Marquess Hamilton Prisoner and dispersing a Brigad of his Horse The House spent almost the whole day in nominating Sheriffs for all the Counties of the Kingdom Many Rumours were of the Armies coming again to the Houses 24. Upon a Letter from the Lord Admiral Order touching the raising of twenty thousand pound for the Mariners that come in from the revolted Ships and for other affairs of the Navy and for providing money for the Summers Fleet. Vote for the Earl of Arundel to be admitted to his Composition for six thousand pound in regard he had suffered losses by the Parliament's Forces and that this six thousand pound should be paid for the use of the Navy 25. Orders touching Sheriffs Orders for Slighting the Garrisons of Ashby de la Zouch and Bulling-brook A Petition of one Maurice complaining of the arbitrary proceedings of the House of Lords concerning an Estate of three thousand pound per annum referred to be examined by a Committee Votes for disbanding Forces The Commissioners of the great Seal went into the Queen's Court and there they did swear Mâ— Prideaux to be the King's Sollicitor 27. Letters from Colonel Hammond with one inclosed from the General to him to require Colonel Hammond to repair to his Excellency to the Head quarters and that Colonel Ewers was appointed to take the charge of his Majesty in the Isle of Wight The Commons Voted Colonel Hammond to stay in the Isle of Wight to attend his Charge there and the General to be acquainted with this vote and Letters to be sent to the Admiral to send some Ships for security of the Isle of Wight and that they obey the Orders of Colonel Hammond Letters from the Head quarters that the Officers spent yesterday wholly in prayer that they consult how to effect what is in their Remonstrance and are resolute to bring Delinquents to punishment and to settle the Kingdom in peace with what necessary Laws are wanting for the benefit and ease of the subject and that a Petition came to the General from the Forces in Wales and in the North to expedite this work A Messenger brought word to Windsor that Colonel Ewers had the Custody of his Majesty and that Colonel Hammond was upon the way to Windsor Upon Information of the wants of Plymouth Garrison orders for raising four thousand pound for them and Colonel Welden to go thither Debate whether the new Sergeants should send a Ring to the King and put off Letters from the Leaguer at Pontefract that the Garrison Souldiers come away from thence and many move for Passes that they made a Sally and were beaten in again that all the Regiments in the North have petitioned the General against the Treaty and for Justice which were recommended and sent by Lieutenant General Cromwell to the Lord General 28. Order for Captain Skinner and the rest of the men in the Crescent Frigat lately taken to be brought to judgment for Pyracy after the Course of the Admiralty Order for Sequestrations of Delinquents in the North for raising money to disband the Supernumeraries there And for satisfaction of the Lancashire Forces Order touching new Sheriffs Order that the Estate of the Lord Lovelace be again sequestred if he refuse to pay five hundred pound to Colonel Temple as part of his arrears The Lord of Ormond knighted divers in Ireland 29. The publick Fast day Letters from Colonel Hammond with a Copy of the Orders from the General Council of the Army and their Letter to Colonel Ewers and others for securing his Majesties person in the Isle of Wight The House Ordered a Letter to the General to acquaint him that these Orders and instructions from him to Colonel Ewers for securing his Majestie 's person in the Isle of Wight were contrary to their resolutions and instructions given to Colonel Hammond and that it was the pleasure of the House that his Excellency recal the
General Council of the Army had much debate concerning the matters of Religion relating to their new Representative and of the power of the Representative in Civils Sir Thomas Widdrington and M r Whitelock met staid all the day together to draw some heads upon yesterdaies discourse and to endeavour to bring the Army into some fitter temper They were likewise to frame somewhat in order to the restitution of the Secluded Members for an answer for the Army to the Messages of the House to the Army touching their Members under restraint and heads for a Declaration what the Parliament intendeth for the settlement of the Kingdom to be considered of and offered to the Parliament and Council of the Army This was a work of no small difficulty and danger yet at this time not to be declined by them both the Members of the House and chief Officers of the Army having ingaged and trusted them only therein they prayed to God to direct them in it and that neither of them might receive any prejudice but the Kingdom might receive good by this their imployment and the Courses of the Army be moderated as it was in some measure at this time though it brake out again into violence afterwards 23. A Committee of the Common Council informed the House that the Citizens of London were so generally ingaged in the Petition for a personal Treaty that if the restriction in the late Ordinance should stand that none of them should be capable to be elected Officers of the City there would want sufficient persons to be chosen to supply necessary Offices in the City Referred to a Committee to consider of some expedient in this business A sharp debate about bringing the great Delinquents of the Kingdom to speedy punishment And now was set on Foot and begun their great design of taking away the King whom divers in the debate did not stick to name for the greatest Delinquent and to be proceeded against in Justice Others insisted upon it that he was not capable of being brought to justice by his Subjects but by God alone and that having subdued him and his Party there was no need of any thing further but to secure the Parliament from their Enemies rising against them any more and that might be done without bringing the King to any judicial tryal a thing not read of in any History But those of the fierce Party prosecuted their design with all eagerness and those of a contrary opinion either durst not oppose knowing they should be presently secluded the House if they did or seeing that no opposition would be to any effect or purpose It was endeavoured wholly to have put the business upon the Army that if they would have the thing done they should do it themselves as most proper for such an irregular and unheard of business to be done in an irregular way and by such irregular men but they were subtle enough to see and avoid that and to make those whom they left sitting in the Parliament to be their stalcs and to do their most dirty work for them many of whom they found and perswaded to be strangely forward to ingage in it Insomuch that it was carryed by vote in the House of Commons to name a Committee of thirty eight persons to consider of drawing up a charge and for that purpose to receive all informations and examinations of all Witnesses for the matters of fact against the King and all other Delinquents that may be thought sit to be brought to condigne punishment Letters from Colonel Bethel to the General of the surrender of Scarborough-Castle to him upon Articles for the use of the Parliament that there was in the Castle good store of all manner of provisions especially Rye and fifty Barrels of powder with Ammunition for many Months From the Parliaments Ships in the Downes came a Declaration to the General of their free Concurrence with the Army in their Remonstrance knowing the things to be just and good The King was expected to be at Windsor this Night and Colonel Thomlinson commanded the Guards about him upon Colonel Harrisons coming away Major Pitsford taken at Pembroke and staying here contrary to the Articles of surrender thereof was by the Court Martial sentenced to be shot to Death The Lord Wenman expressed himself very high against the Army having been seised and secluded the House by them which was no small provocation Mr. Whitelock and Sir Thomas Widdrington went together according to appointment to the Speakers house There met them divers Gentlemen of the House and they consulted about setling the Kingdom by the Parliament and not to leave all to the Sword and Sir Thomas Widdrington and M r Whitelock spake their minds freely to them some of them were wholly against any King at all others were against having the present King or his eldest or second Son to be King others were for the third Son the Duke of Gloucester who was among them and might be educated as they should appoint to be made King They came after a long debate to no resolution at all but appointed to meet again on next Monday 25. The Commons sate though it was Christ-mas day and made some Orders about the association of Somersetshire with the adjacent Counties Order for one thousand pound for Mr. Withers being moneys lent by him to the Parliament Five Members declared their dissent to the vote Dec. 5. 1648. The Committee named to consider how to proceed in a way of justice against the King were injoyned to meet this Afternoon Debate whether the secluded Members should be re-admitted A dispute between the two Houses whether thirty three thousand pound formerly granted to the Lord Willoughby as Part of his arrears and by him assigned to his Creditors who accepted the security should now be granted away to others in prejudice of the Lord Willoughbys Creditors which the Lords held not just The Lords who sate in the House being very few they Ordered that all the Lords who were within twenty miles should appear to morrow and those more remote within fourteen days after receipt of this Order some moved it might be under the pain of five hundred pound but that was not agreed unto A Petition to the Commons from Norfolk and Norwich reciting the former and present evils and praying 1. That present inquiry be made who have been the chief instruments of the King in the former or latter War and in the late bringing in of the Scots and that he himself and all such as have been the most notorious incendiaries and instruments in shedding of blood may without delay be brought to impartial Justice 2. That Courts of Justice Judges and Officers and Fecs may be certain and Laws in the vulgar tongue and Justice be speedy and without respect of persons and as may most agree with the rule of Christian duty just reason and the birth-right and priviledge of English-men and that
impartial Commissioners be appointed to try the late Mutineers in Norwich and Kent and other Counties 3. That course be taken for Payment of the publick debts out of Delinquents Estates and that taxes may be made easy and laid proportionably and so levyed 4. That Malignants be incapable of Offices or being Parliament men that under the notion of a Peer we be not voted into ruine by those that could not beat us into it and that a Committee be ordained to order affairs of State in the intervals of Parliament 5. That the power of the Militia be not put into the hands of Malignants or Neuters but of faithful persons to the Parliament 6. That the Army whose faithfulness we acknowledge may be vindicated especially for their late proceedings in order to impartial justice upon the Capital Offender the best means to establish this almost destroyed Nation that free-quarter be taken away and constant pay provided for the Army Another Petition was from the Garrison of Hull of their adherence to the late Remonstrance of the Army 26. The House approved the Articles of surrender of Scarborough and gave forty pound a piece to the Messengers that brought the news Mr. Elsing Clerk of the Parliament desired to quit his place by reason as he alledged of his indisposition of health to execute the same but most men understood his reason to be and he acknowledged it to Whitelock and others of his friends because he would have no hand in the business against the King He was a man of very great parts and ingenuous education he had travelled much and was very learned especially in the Latin French and Italian Languages and was a great Student and a very just and honest man and the most excellent Clerk both to take and express the sence of the House that I believe ever sate there so great a help to the Speaker and to the House in helping to state the questions and to draw up the Orders free from exceptions that it much conduced to the dispatch of business and the service of the Parliament He was a particular friend of Whitelocks and M r Selden was fond of him The House ordered M r Phelpes formerly Clerk to the Committee of plundered Ministers to officiate in M r Elsing's place and by a Deputation from him Upon the Petition of the East India Merchants order for them to have leave to transport thirteen thousand pound in Bullion Order for procuring six thousand pound for provisions and service for the Navy Divers Petitions to the Commons and to the General in complyance with the Armies Remonstrance among them one was to the General from Colonel Mackworth and the Officers and Souldiers in Salop. Inveighing against the personal Treaty and concurring with the late Remonstrance of the Army praying the General to continue to represent to the Commons these desires of their friends and not to hearken to the Counsels of their Enemies and to make a present settlement without any more addresses to the King And that his Excellency would endeavour that justice may be done upon the Authors of our troubles and blood-shed in the three Kingdoms in some exemplary way suitable to their crimes and without respect of persons That for taking off the grievances and burdens by free-quarter unequal taxes corrupt proceedings in Courts of Justice and other gross miscarriages in government to be reformed they will depend upon the Ordinary remedy by Parliament till God declare by evident demonstrations of his will in the passages of his providence that that extraordinary is to be resorted unto which is never denyed in case of Extremity to any People They resolve God strengthning them to follow his Excellency and the rest of those conductors raised up and Spirited for so great a work through a Sea of bloud to attain the fruition thereof Letters from Windsor that his Majesty removing from Hurst-Castle when he came to Winchester the Mayor and his brethren met him delivered him the Mace and made a speech to him That the Commander of that party who guarded the King told the Mayor that the Parliament had voted no more addresses to the King on pain of high Treason and by this address they made to him that they were within the danger of being Traytors That the Mayor and his brethren humbly asked pardon for it excusing themselves that they knew not any thing of that vote and that they would be more cautious for the future Letters from Dublin that they are quiet there by reason of the distractions among the Rebels whose divisions daily increase This Morning Sir Thomas Widdrington and Mr. Whitelock being together Mr. Smith who was Clerk to the Committee for preparing the charge against the King came to them with a Message from the Committee that they required them to come to them this day they having some matters of importance wherein they desired their advice and assistance and that they must not fail them They knew what the business was and Whitelock told Sir Tho. Widdrington that he was resolved not to meddle in that business about the Tryal of the King it being contrary to his judgement as he had declared himself in the House Sir Tho. Widdrington said he was of the same judgment and would have no hand in that business but he knew not whither to go to be out of the way and that the Committee might not know whither to send to him Whitelock replyed that his Coach was ready and he was this Morning going out of Town purposely to avoid this business and if he pleased to go with him they might be quiet at his House in the Country till this business should be over and he should be glad of his Company He willingly consented to go with Whitelock and was not long in preparing himself for the journey 27. The monthly Fast day and neither of the Houses sate The Council of War ordered that nothing be done upon the knee to the King and that all ceremonies of state to him be left off and his attendance to be with fewer and at less charge 28. Order for the City of London to proceed to the electing a new Common Council according to the former Ordinance by which Malignants are excluded And that the illegal Oaths of Allegiance and Supremacy and all other of the like nature be referred to a Committee to the end they may for the future be taken away The Committee for drawing up a charge against the King and to consider of the manner of his Tryal reported an Ordinance for attainting the King of high Treason and for trying him by such Commissioners as should be named in the Ordinance The Charge was to this effect That Charles Stuart had acted contrary to his trust in departing from the Parliament setting up his standard making a War against them and thereby been the occasion of much blood-shed and misery to the People whom he was set over for good that
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
Guilty whereby he may come to a fair Tryal that as by an implicit confession it may be taken pro confesso as it hath been done to those who deserved more favour than the Prisoner and that therefore speedy judgement be pronounced against him President Sir you have heard what is moved by the Council in behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands you were to propound some questions you had your resolution upon them You were told over and over again that the Court did affirm their own jurisdiction that it was not for you nor for any other man to dispute the jurisdiction of the Supreme and highest Authority of England from which there is no appeals and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court that they are very sensible of these delays of yours and that they ought not being thus authorised by the Supreme Court of England to be thus trifled withal and that they might in justice if they pleased and according to the rules of justice take advantage of these delaies and proceed to pronounce judgment against you Yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive answer to this Charge that is against you Sir in plain terms for Justice knows no respect of persons you are to give your positive and final answer in plain English whether you be Guilty or Not guilty of these Treasons laid to your Charge King After a little pause When I was here yesterday I desired to speak for the Liberties of the people of England I was interrupted I desire to know yet whether I may speak freely or not President Sir You have had the resolution of the Court upon the like question that last day and you were told that having such a Charge of so high a nature against you and your work was that you ought to ackowledge the jurisdiction of the Court and to answer to your Charge Sir if you unswer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive answer concerning the matter that is charged upon you King For the Charge I value it not a rush it is the Liberty of the people of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England to uphold justice to maintain the old Laws indeed I do not know how to do it You spake very well the first day that I came here on Saturday of the obligations that I had laid upon me by God to the maintenance of the Liberties of my people the same obligation you spake of I do acknowledge to God that I owe to him and to my People to defend as much as in me lies the antient Laws Therefore until that I may know that this is not against the fundamental Laws of the Kingdom by your favour I can put in no particular answer if you will give me time I will shew you my reasons why I cannot do it and thus Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the publick Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Here the President said Sir You must know the pleasure of the Court. King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses you appear as a Delinquent you have not acknowledged the Authority of the Court the Court craves it not of you but once more they command you to give your positive answer Clerk Do your duty King Duty Sir Then the Clerk read a paper requiring the King to give a positive and final answer by way of confession or denyal of the Charge King Sir I say again to you so that I might give satisfaction to the people of England of the clearness of my proceedings not by way of answer nor in this way but to satisfy them that I have done nothing against that trust that hath been committed to me I would do it but to acknowledge a new Court against their Priviledges to alter the fundamental Laws of the Kingdom Sir you must excuse me President Sir This is the third time that you have publickly disavowed this Court and put an affront upon it but how far you have preserved the Liberties of the people your actions have spoke it but truly Sir mens intentions ought to be known by their actions you have written your meaning in bloody Characters throughout the Kingdom But Sir you understand the pleasure of the Court. Clerk record the default And Gentlemen you that took the charge of the Prisoner take him back again King I will say this one word more to you if it were my own particular I would not say any more to interrupt you President Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to find that you are before a Court of Justice Then the King went forth with his Guards to Sir Robert Cottons house where he lay 24. The House only met and adjourned The High Court of Justice was expected to sit but they sent an Usher to tell the people there assembled that the Court was busy in the Painted Chamber examining witnesses in relation to the present affairs and should not sit in Westminster-Hall that day but that all persons appointed to be there were to appear on further summons About four a clock this afternoon all the Judges by appointment met at Sergeants-Inn to advise with the Committee about the new style of Writs in which matter the Judges seemed not to be very forward to joyn with them 25. The House met and adjourned The High Court of Justice met and proceeded in examination of Witnesses to prove the Charge against the King some proved that they saw him present at the setting up of his
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
The King desired that in respect sentence of death was past upon him and the time of his execution might be nigh that the House would give him leave to see his Children and that he might have D r Juxon to be private with him in his Chamber and to give him the Sacrament This was ordered accordingly and Dr. Juxon preached before the King in his private lodgings this night at White-Hall 28. The Commissioners of the High Court of Justice kept a Fast in the Chappel at White-Hall 29. The House sate early and one of the secluded Members coming in they Voted That such Members as 5. Dec. last Voted that the Kings concessions were a ground of setling peace in this Nation should not be readmitted but disabled to sit as Members for the future The Dutch Ambassadours had their Audience in the House they read their Instructions and Credentials in French and promised Copies of them in English to morrow but would not part with the Originals Their business was to interceed for the Kings life and to preserve a fair correspondence betwixt this Nation and the States An Act passed for alteration of names and forms in Writs Grants Patents procedings in Courts c. That in England Ireland and Berwick c. instead of the style title and teste of the King shall be used Custodes libertatis Angliae Authoritate Parliamenti c. That the date shall be the year of our Lord and no other That instead of the former words Juratores pro Domino Rege c. the words now to be used shall be Juratores pro Republica Instead of the words Contra pacem dignitatem vel Coronam nostram the words shall be Contra pacem Publicam That all Writs Patents Commissions c. shall stand good notwithstanding the death of the King The High Court of Justice sate and appointed the time and place for the Execution of the King The Kings Children came from Syon-House tovisit him at S t Iames's he took the Princess in his Arms and kissed her and gave her two Seals with Diamonds and prayed for the blessing of God upon her and the rest of his children and there was great weeping The Prince Elector the Duke of Richmond and others made suit to see him which he refused Letters from Scotland that the Ministers there preach against the Army in England and the proceedings against their King they say they are bound by their Covenant to preserve Monarchy and that in the Race of the present King That their Parliament have passed several votes against those that were in the late ingagament against England Letters that Prince Rupert was at Sea with about fourteen of the revolted Ships and took divers Merchant men the Parliament having no Ships abroad The Commissioners met at Mr. Browns House where the Seal lay to have had a Private Seal but by reason of my Lord Grey's absence who had the key and because of the sentence given against the King they did not seal any thing but they heard divers Petitions 30. The King walked from St. James's through the Park guarded with a Regiment of Foot and Partisans to White-Hall Divers Gentlemen went bare before him D r Juxon followed next to him and Colonel Thomlinson had the charge of him they brought him to the Cabinet-Chamber where he continued at his devotion He refused to dine having before taken the Sacrament but about twelve a clock at noon he drank a Glass of Claret Wine and eat a piece of Bread from thence he went with D r Juxon Colonel Thomlison Colonel Hacker and the Guards through the Banqueting House adjoyning to which the Scaffold was erected it was hung round with black and the Floor covered with black and the Ax and block laid in the middle of it Divers Companies of Foot and Horse were on every side of the Scaffold and great multitudes of People came to be spectators the King looked earnestly on the Block asked if there were no place higher and directing his speech to the Gentlemen upon the Scaffold he spake to this effect I shall be very little heard of any Body here I shall therefore speak a word unto you here indeed I could hold my peace very well if I did not think that holding my peace would make some men think that I did submit to the guilt as well as to the punishment but I think it is my duty to God first and to my Country for to clear my self both as an honest man and a good King and a good Christian I shall begin first with my innocency in troth I think it not very needful for me to insist long upon this for all the world knows that I never did begin a War with the two Houses of Parliament and I call God to witness to whom I must shortly make an account that I never did intend for to incroach upon their priviledges They began upon me it is the Militia they began upon they confest that the Militia was mine but they thought it fit to have it from me and to be short if any Body will look to the dates of Commissions theirs and mine and likewise to the Declarations they will see clearly that they began these unhappy troubles not I. So that as to the guilt of these enormous Crimes that are laid against me I hope in God that God will clear me of it I will not I am in Charity God forbid that I should lay it upon the two Houses of Parliament there is no necessity of either I hope they are free of this guilt for I do believe that ill Instruments between them and me have been the chief cause of all this Blood-shed so that by way of speaking as I find my self clear of this I hope and pray God that they may too Yet for all this God forbid that I should be so ill a Christian as not to say that Gods judgments are just upon me many times he does pay justice by an unjust sentence that is Ordinary I only say this that an unjust sentence that I suffered for to take effect is punished now by an unjust sentence upon me that is so far I have said to shew you that I am an innocent man Now for to shew you that I am a good Christian I hope there is a good man pointing to Dr. Juxon that will bear me witness that I have forgiven all the world and even those in particular that have been the Chief causers of my Death who they are God knows I do not desire to know I pray God forgive them But this is not all my Charity must go further I wish that they may repent for indeed they have committed a great sin in that particular I pray God with St. Stephen that this be not laid to their Charge nay not only so but that they may take the right way to the peace of the Kingdom for Charity commands me not only to forgive particular men but
or Parks and that if any do it a Troop of Horse shall be quartered on that place to prevent the like 10. Orders for setling the Dutchy Seal and about some private affairs Letters from Scotland of their threatning revenge for the Kings blood that some there proclaimed Prince Charles King of Sotland which was not contradicted by the Parliament nor Kirk there The High Court of Justice sate in Westminster-Hall about fifty of the members present the Earl of Cambridge Lord Goring Lord Capel and Sir Jo. Owen were brought before them and the President made a Speech to them of the occasion of their coming thither to tryal for Treason and other high Crimes after which they were all commanded to withdraw except the Earl of Cambridge Then Mr. Steel Attorney General for the Common-wealth set forth the notoriousness of the facts of the Prisoner at the Bar by his invading the Kingdom committing many Murders and Rapines and all under pretence of the Covenant that as the War was called Hypocritarium bellum so he might be called Hypocritarius Princeps He desired the Charge might be read and that the Earl might make answer to it After the Charge read the Earl of Cambridge Pleaded that he was of another Nation and what he did was as a servant to that Kingdom and not as a Contriver of it neither was he ever Naturalized Earl of Cambridge that he knew of that he was a Prisoner of War and had Articles given him The Court caused the Act to be read for Naturalization of his Father and consequently of him being his Heir The Lord Goring was next brought to the Bar and his Charge being read to him he Pleaded not Guilty and was dismissed behaving himself with great respect to the Court. The Lord Capell pleaded That he was a Prisoner to the Lord General and had conditions given him and his life promised him that if all the Magistrates in Christendom were combined together they could not call him in question He never minded nor looked upon the Court but upon the people on all sides and with an austere countenance Sir John Owen pleaded not Guilty The next day the Earl of Cambridge being brought to theBar M r Steel moved that he might answer his Charge which the President required him to do The Earl desired time to put things into a method and that he might send to Major General Lambert by whom he had Articles given and to Scotland from whence he received his Commission The Court gave him two days to answer and upon his motion for Counsel he had liberty to name them which he said he could not not knowing any one Counsellour in England The Lord Capell brought in and demanded to plead in chief to his Charge did again insist upon the Articles of Colchester whereby he said he had fair quarter given him and that all the Gowns in the world had nothing to do with him 12. Orders appointing the several Judges to go the Circuits this Lent and for compleating the number of Judges in the several Courts and Voted that the Kings-Bench Court should be called the Vpper Bench. An Act passed for some amendments in their Commissions and for a new Oath to be given them well and truly to serve the Common-wealth in the Office of a Justice of the Vpper Bench c. according to the best of their skill and knowledge A Certificate of the Doctor and Apothecary of the Earl of Holland that he could not with safety of his life be removed up to London and a Petition of his Lady for favour to him referred to the High Court of Justice to send for him if they should think fit Colonel Dean Colonel Popham and Colonel Blake added to the Commissioners of the Navy An Act for a new Oath to be taken by every Free-man in London and in all other Corporations and for repealing the Statutes 1 Eliz. and 3 Jac. of the Oaths of Allegiance and Supremacy Letters from Edenburgh that Prince Charles was proclaimed King of Scotland by consent of the Parliament there with Solemnity and agreed that one Earl one Baron one Burgess and one Divine be sent to invite him thither The late Kings Body was interred at Windsor Castle but the Common-Prayer not permitted to be used at his Burial The last day of the Term the Commissioners sate till two a clock hearing motions then they rose and gave the new Oath and sealed new Patents to the several Judges according to the new Act. 13. All private business put off for seven daies Order for a new Stamp for Coyn. Debate touching power and instructions to be given to a Council of State and referred to a Committee to bring in names An Act read for sale of Deans and Chapters Lands The High Court of Justice sate and the Lord Capel being brought into the Court the Attorney General moved that the Prisoner might make good his Plea The President told the Lord Capel that he had put in a plea concerning Articles for proof whereof the Lord General was by order of the Court there present that he had liberty to ask any thing of him if not then the Council of the Common-wealth were to offer what they could in proof of it Then the Attorney General went on and produced the Generals Letter to the Parliament upon the rendition of Colchester and the Articles and the Explanation of them whereby and upon the testimony of the Lord General and General Ireton Colonel Whaley and Colonel Barksted all present by order of the Court it appeared That the Lord Capell was to have fair quarter for his life which was explained to be afreedom from any execution of the Sword but not any protection from the judicial proceedings of a Civil Court and mercy was explained to be only from the promiscuous execution of the Sword but that he might be tryed by a Council of War But of this Learning I hope none of this Nation will have use hereafter It was clearly proved that the Articles were only to free him from the present power of the Sword to take away his life and Colonel Berksted swore that he told him the day after the Articles that he believed the Parliament would proceed against them that were taken at Colchester as Traytors The Council moved for judgment against the Lord Capel that he should be Hanged Drawn and Quartered at which he seemed to startle and after a short Speech to the Court he concluded that how ever he was dealt with here he hoped for a better resurrection hereafter Then the Earl of Cambridge was brought to the Bar and required to make good his Plea he thanked the Court for the time they had given which he said was so short that he could not be provided Upon his desire there were assigned to him for Council Mr. Chute Mr. Hales Mr. Parsons and Dr. Walker He desired leave to send to Scotland and further
knowledge of the languages and being one whom they could trust c. but he insisted upon the former matters of excuse and so the business as to him went off 12. Order for a Writ to elect a new Burgess for Carlisle in the place of M r Barwis deceased An Ordinance committed to give power to the Committee of Admiralty to proceed to sentence of Death in Criminal causes Order for the Committee to meet the Common Council of London this afternoon for borrowing one hundred and twenty thousand pound for Ireland A long debate upon the Act for Sale of Deans and Chapters lands and provisoes in it for allowances out of those lands to itinerary Ministers and disposing their impropriations for additional means to the Ministery recommitted An Act for inventorying the late Kings goods committed and a Committee appointed to consider of the Sale of his Deer and Parks reserving such as shall be needful for the State The Common Council of London were willing to lend one hundred and twenty thousand pound for Ireland but disliked the security proposed and the Committees agreed to treat upon further security The Council of War after full hearing of the parties and witnesses passed sentence of Death against Colonel Powell and Major General Laughern as they had done upon Colonel Poyer before upon the two first Articles of War That such as have intelligence with the Enemy or any communication with them without direction from the General shall be punished as Traitors and Rebels and that none shall relieve the Enemy with money victuals ammunition or harbour or receive any of them upon pain of Death The wife of Major General Laughern presented a Petition to the Court Martial imploring their mercy to her husband and that this one unadvised act of his might not cause all his former eminent services to be forgot and the great loss of her and his Children and two Sisters by his Death At Bristol were discovered three brass pieces of Ordnance made up in Fatts sent from London and directed to the Lord Inchequin in Ireland In the Evening the Commissioners of the Seal the Lord General the Lieutenant General Cromwel the Chief Justice Rolls the Chief Baron and many Gentlemen of the House as a Committee of Parliament went to the Common Council of London to borrow of them 120000 l for Ireland The Common Council gave them a fair and hopeful answer by their Recorder 13. Upon a Report from the Committee of Yesterdays transactions with the Common Council and their forwardness and desire in that business a Committee was appointed to treat with a Committee of Common Council concerning the advance of the 120000 l for Ireland and to give them the thanks of the House for their willingness to promote this business Order for monies for the Garrisons of Barwick and Carlisle to be disposed as the Governour of New-Castle shall direct An Act committed for appointing Treasurers for the ninety thousand pound assessment no Member of the Army to be of this Committee Letters from the Hague that the Prince Elector arrived there was slighted by the King of Scotland and his Court that the States appointed a Council to assist the King to treat with the Scots Commissioners and commanded all their Ministers to pray for no Kings or Princes but those under whose Government they are Letters from Excester that the Mayor and Justices there refuse to Execute their Office and to punish any offenders perswaded to it by the Ministers who also inveigh against those that open the Flood-gate of wickedness 14. Order that upon any suit commenced against any Member of Parliament the Commissioners of the Seal and the Judges shall certify such Members thereof respectively and if after such notice they shall refuse to answer or plead according to the usual proceedings of Law That then the Commissioners of the Seal and the Judges shall award such process against their persons and Estates as according to Law is meet and such Members to have no more priviledge in person or Estate than any other Commoner Referred to the Commissioners of the Seal and to the Judges in their Circuits to receive complaints against any disaffected Justices of Peace and upon proof of the charges against them to remove them from being Justices of the Peace as they shall see cause and to put other well affected persons into Commission in their stead A Committee appointed to receive Informations and complaints against such Ministers as in their Pulpits vilify and asperse the Anthority and late proceedings of Parliament and to proceed against such Ministers according to justice Referred to the Council of State to consider of a stamp for the gold newly brought from Guinnea and for the advantage of the State and incouragement of the Merchants And to consider how the statutes against transportation of gold and Silver may be strictly put in Execution and how the melting of Coyn here and selling of Silver for beyond Seas may be prevented An Act committed for appointing of Commissioners and Treasurers for prize goods and disposing of all prohibited commodities for the advantage of the State and for putting all statutes concerning the same into Execution Referred to the Council of State a proposition of Colonel Temple to stop the transportation of Bullion and all prohibited commodities Order that the Lords Commissioners of the Great Seal be required to give in the names of such persons as they conceive will be fit for Judges to supply the places that are vacant 16. Upon the Death of Sir Francis Pile Knight of the shire for Berks a Writ issued out for a new election and the Sheriff returned the Earl of Pembroke with all his titles to be chosen Knight of the shire for Berks primae impressionis the House approved of the election and admitted the Earl a Member of the House of Commons and his Lordship attended by many eminent Members was received into the House with great respect Referred to a Committee to examine and consider the impositions laid upon Corn and Coals and the ingrossing of Corn the Earl of Pembroke named of this Committee Oxford Petition referred to the Committee for regulating the University of Oxford Order that none go beyond Seas without licence and an ingagement to act nothing against the Common-Wealth A Petition from Colonel Poyer for Mercy A Petition often thousand well affected persons of London Westminster Southwark and the Hamletts in the behalf of Lilburn Walwyn Prince and Overton Complaining of the illegal proceedings against them by power of Souldiers and undue examinations of them c. and prayeth their inlargement from prison and that for the future no person may be censured condemned or molested concerning life limb liberty or estate but for the breach of some Law first made and published and that the Tryals of all such causes may be left to subordinate Magistrates and ordinary proper Courts of Justice That the
is so the Judges themselves ought to be very tender of that Honour with which they are intrusted which is not so much theirs as the Nations Honour and the Honour of the Law it self They are neither to lessen their Honour by a Cariage too lofty for most Honour is gained by Courtesy and Humilty Nor to lessen their Honour by a Port too low and unbeseeming their Quality But this point needs no consideration in this place I hasten to my last particular which is concerning Judges of this Court. A high and antient Court high in respect of the Vniversality and business of it the Liberties Franchises and Property of all the People of this great Nation are determinable in it And concerning the Antiquity of the Court give me leave upon this Occasion and for the Right and Honour of this Court a little to look into an Opinion delivered by great and learned Men upon that Point Not that I presume upon my slender Judgement to controul theirs but to lay before you their Assertion and what Authorities I have met with in my little reading to the contrary that your selves by comparing both together may the better Judge of the difference Lambert Cowel Serjeant Fleetwood Sir Thomas Smith and a Manuscript concerning Masters of the Chancery all of them do affirm That the Court of Common Pleas was erected by the Statute of Magna Charta C. 11 The Words are Communia placita non fequantur Curiam nostram sed sint in loco certo from hence collect that common Pleus which before were held in other Courts and followed the Kings House were not settled in a Place certain nor the Court of Common Pleas erected til this time Of these Authors Sir Roger Owen in his Manuscript sayeth They are like unto Ostriches Birds of great Feathers yet little Flight I cannot subscribe to their Opinion upon these Grounds Beda f. 10. relates that the prime Monarch with the consent of the States of Parliament allotted Pleas of the Crown to one Court Common Suits of Subjects to another and Matters of Revenew to a third and this was long before Magna Charta They mistake the Words Curiam nostram in this place of Magna Charta to signify the Kings House which had not then that appellation but the Word curia had another signification Among the Romans whose Word it is Curia sometimes was taken for the 30th part of the People into which Romulus divided them but more frequently it signifyed with them an Assembly of Clergy-Men and Lawyers as Curia Hostilia Pompeya Julia c. St. Augustine in his Coment upon the 121 Psalm sayeth that Curia improperly is taken for a Tribe but properly signifies the Courts of Justice in Cities and Countries In the same sense the word is taken with us and was so before any applications of it to the Kings House as is plain in the Mirror of Justices Glanvil the Stat. of Marlbridge 52. H. 3. the Stat. W. 1. 3. E. 1. and W. 2. 13. E 1. and others and in Walsingham Ingulphus Hoveden Paris and all our Chief Historians In H. 3. time and after Hospitium Regis was generally the Kings House as Maresehallus Hospitii Senesehallus Hospitii in their Letters Patents and Britton calls it Hostel du Roy. That ground then will fail them that by the word Curia in Magna Charta is meant the Kings House but as Sir Roger Owen and others conjecture by it is meant the Courts of the Chancery Kings-Bench and Exchequer The Case 21. E. 3. Fitz. Bre. comes to this where a Writ de rationabili parte Bonorum was brought in the Kings Bench the Defendant pleaded this part of Magna Charta Comunia placita non sequantur Curiam nostram and though he had been at issue yet the Plantiff would not proceed And in 26. E. 1. in the Treasury one Nicholas de Scotland brought assize for Land which was reversed for Error in the Kings Bench where the Judges willed Nicholas to arraigne a new Assize in the Common Pleas because by the Words of Magna Charta Common Pleas ought not to follow Bancum Regis and there are no other words Curiam nostram in Magna Charta but these In the Stat. Articuli super Chartas it is said No Common Pleas shall hereafter be held in the Cheq against the tenour of the great Charter and there be no words restraining suits of Common Pleas by the great Charter but these To make it more plain It is agreed by Hoveden Paris and others and I think not to be denyed that Magna Charta were the Law of Edward the Confessor And in that Case 21. E. 3. the Defendant pleaded this part of it not as an Act of Parliament but as a common Consent and Custom To this purpose that is pertinent 26. Assis p. 24. where the Abbot of B. prescribes to have Cognizance of Pleas and to have an Original out of Court by usage in the time of St. Edward Kings And that H. 1. by his Charter confirmed all the usages and that they should have Cognizance of all manner of Pleas so that the Justices of the one Bench or the other should not intermeddle upon which my L. Cook Lit. 71. B. Collects that then there was this Court and these Judgse In the Treasury of the Chequer are many Records of Pleas of King H. 2. R. 1. and King John dated in the Court of Common Pleas. In an antient Roll there is contained the suit between the Abbot of Aniou and the Abbot of Crowland about the Meers of a Marsh in the Court of Common Pleas in R. 1. and King John's time and the names of the Justices set down in the Roll thus Justitiaru in Banco residentes and the Chancellor writes to them by that Name Glanvil in his second Book writes of them which would not wage Battle but have their Matters tryed by a Jüry f. 14. that they were to be tryed coram Justitiarijs in Banco residentibus In Glanvils 4. Book it is said that Quare impedits are returnable coram Justitiarijs apud Westmonasterium which they are to this Day In his eighth Book he writes though Fines were levyed in many other Courts yet still they were ingrossed coram Justitiarijs in Banco residentibus and so they are to this day An Act past for Mr. Broughton to be Coroner of the upper Bench. Dr. Walker is made one of the Judges of the Admiralty A Petition of Mr. Gething for Money and a Demand of Mony by the Lord Grey of Wark referred to the Commitee to remove Obstructions in the sale of Deanes and Chapters Lands An Act past to encourage the Manufacture of Salt Order of the Councel for demolishing of Lancaster-Castle Letters from the Parliaments Navy that divers of Prince Ruperts Seamen came in to them that the Prince had very few Men and most of them such as had been taken Prisoners by him Letters from Chester that the Irish Rebels came near to Dublin and many of
which the House had formerly conferred upon him the House approved thereof and bestowed the place upon Mr. Hall to hold quam diu bene se gesserit An Act passed for altering the Seal of the Dutchy A Woman committed to the Marshal and ordered to be sent by a Justice of Peace to the House of Correction for abusing Sir James Harrington Order for a day of Humiliation to seek God for his Blessing upon the Expedition for Ireland Order for the Speaker to give a Pass for the Holland Ambassador to transport 4 Horses into Holland Custome free Order for the Attourney General to bring in an Act to prohibit the transportation of Horses Order that Mr. Attourney General Mr. Steel and Mr. Hurst should attend the Commissioners for Articles as Councel for the State An Act passed to settle the Master of the Mint Office A Letter from the General to the House recommending the Desires of the Grand Jury of Yorkshire to have Courts of Justice settled in that County referred to a Committee 500 l. ordered to the Dutch Officers C. Allured made Receiver of Yorkshire Letters from Dublin that the L. Mohun and his Troop ran away to the Enemy So did Sir William Armstrongs Troop and Lt. C. Yeomans Troop That Drogheda and divers other of the Parliaments Garrisons were besieged and could not hold out nor was C. Jones able to relieve them That C. Trevor and divers others out of C. Monks Quarters went to the Enemy That all Markets were hindered and all Provision very scarce and dear Letters from Bruxels that the Scots King was gone for France to salute the King and Queen and thence to go to the Queen his Mother who sent to him Piercy and Jermyn to let him know it was the Advice of the Councel of France and Hers that he agree with the Scots upon any Terms Upon Complaint to the States on behalf of the Scots King That some of the Parliaments Ships destroyed the Antelope in Helford Sluce the States ordered that the King had Liberty to act the same upon any of the Parliaments Ships in any Harbour within their Dominions Letters that a Fleet of English Ships in the Sound fought with the Danish Fleet about Demand of Custom and worsted the Danes but 7 Swedish Ships coming in and joyning with the Danes they worsted the English 7 Long Debate upon the Act for repealing several Statutes against pretended Sectaries and who come not to Church to hear Divine Service and recommitted The Lord Lieutenant of Ireland had leave before his going away to present several Petitions to the House for divers Friends which were read and Orders made upon them Letters from Dublin that Captain Otway beat up Ormonds Horse Guards killed 50 and took divers Prisoners that Inchequen besieged Tredah and was bravely repulsed and lost many Men. The Lieutenant of Ireland presented more Petitions to the House upon which Orders were made and divers of them were for Pensions to many Irish Gentlemen and Ladies in Distress Orders for stating Sir George Askue's Arrears and divers others and for Mr. Knight the Generals Chaplain to have Liberty to double upon the purchase of Deanes and Chapters Lands Votes against Ministers preaching and praying seditiously and against the present Authority and to promote the Interest of the Children of the late King or that disobey the Orders of Parliament that they shall be Sequestred Letters that some Malignants at Preston in Lancashire proclaimed Charles the Second King at the Market Cross and nothing was there done against them Letters from Ireland That Sir Robert Stuart had taken the Castle of Kilmore by Storm with 14 Guns and had lost 50 Men. That C. Jones by a Salley cut off 60 of Ormonds Men that Sir George Askue kept open the Passage by Water That the L. Inchequin sent a Summons to C. Jones to render Dublin to the use of the King To which he returned a smart Answer remembring Inchequin of his former Professions and Engagements for the Parliaments Cause and his now assisting the bloody Rebels and Papists against the Protestant English from which he advised him to desist least he bring Misery upon his own Family 10 Upon a Report of the Councel of State of the want of Powder referred back to them to consider of some fit way for the making and providing of Salt-peter And upon their Report the Committee was revived to treat with the Common Councel about borrowing 150000 l. for Ireland The Lord Lieutenant of Ireland went out of Town in very noble Equipage with Coaches and six Horses a piece his Life Guard of 80 who had all been Officers and a great number of Attendants A Petition of the Journey-men Taylors to the General for relieving their Fellows by a meeting for which they ask his leave Letters from Holland that the Scots King was come to Paris That in all his Journey he had such Entertainment as never before was given by Catholicks to one of the Protestant Religion 11 The day of publick Humiliation Letters from the Navy of several Vessels taken at Sea by Captain Harris with the Phaenix Frigot Upon the Lord Lieutenant his going to Ireland three Ministers did pray and the Lieutenant himself and Goff and C. Harrison did expound some places of Scripture excellently well and pertinent to the Occasion 12 Long Debate about the Act for sale of the Kings Lands The Common Councel provided to lend the Parliament 150000 l. for Ireland Letters that three Ships loaden with Corn were arrived at Dublin from Chester A Petition of the Officers ingaged for Ireland acknowledging the Integrity and Justice and Labour of the House and as their last Request they humbly pray That all Drunkenness profane Swearing Vncleanness Abuses of the Lords Day c. may be restrained not tolerated under their Power That Proceedings in Law may be in English cheap certain c. and all Suits and Differences first be arbitrated by three Neighbours and if they cannot determine it then to certify the Court. That all Mens Lands and Houses may be registred in every Parish with their Incumbrances That Tithes may be taken away and 2 s. in the pound paid for all Lands out of which the Ministers to be maintained and the Poor That publick Debts may be payed That Receivers may account and Prisoners for Debts be relieved Referred to the Committee to consider what things are fit to be done before the House adjourn and the Lord Lieutenant desired to return the thanks of the House to the Petitioners for their good Affections and for their Engagement for Ireland An Account of the Parliaments Navy that C. Dean with his Squadron lay upon the Western Road C. Popham between the Downs and Portsmouth and Blake blocked up Kingsale Sir George Askue lay in Dublin Road other Ships Northward and some to secure the Transportation of Corn and Provisions from Chester Bristol c. to Ireland 13 The Act for sale of the
caused to be published in Scotland for Justifying of his Proceedings Mr. Windram Layds of Libberton though hardly drawn to it was at length dispatched away with a Message to the Scots King after his arrival in Jersy he waited for an audience till an Agent that had come from Ireland was dismist Then being admitted to the Princes Presence he presented to him the Desires and Offers of the States of Scotland which were to this Effect 1 That he would sign the Covenant and pass an Act for all Persons in Scotland to take it and to ratifyall that had been done there concerning the same 2 That he would pass divers Acts of the Parliament of Scotland which were ratifyed by their two last Sessions as for his approbation of their disclaiming Dr. Hamiltons Design for receiving the several Acts made by the English for the Militia for the Kings of Scotland to have no negative voice in that Parliament 3 That he would withdraw his Commissions to Montross for raising Forces to be sent from beyond Seas into Scotland and to give present Order for the stopping thereof 4 That he would put away all Papists from about him and let none be of his Councel but known Protestants 5 That he would appoint some place about Holland to treat with Commissioners from the Estates of Scotland wro would send eminent Lords to him to treat and conclude there upon all particulars and from the time he should come into Holland they would provide for him what should be necessary to make him and his Train to reside in a Regal manner 6 That he would give a speedy Answer to their Desires These Propositions were much debated by the Prince his Councel who were of a different Sense concerning them nor could a present Answer to them be agreed upon the Priuce having ingaged himself to the Queen his Mother not to do any thing in matters of Importance without first acquainting her therewith and having her advice about them It was thought fit also speedily to acqnaint Montross with this Business Some of the Prince his Councel were for rejecting these Propositions as dishonorable and disadvantagious Others were for accepting them and a speedy agreement with that Party in Scotland which was most prevalent and by whom the Prince had greater Probability of obtaining the Crown than by Montross his Designs which were full of hazard and uncertainty Letters also came from the Queen urging that if the Scots Propositions seemed at present too severe and insupportable there might hereafter be opportunity as soon as he had obtained the Kingdom to free himself at least in some measure from the Inconveniences of them The main of his Councel tended to this that according to the Exigence of his Affairs at present it was absolutely necessary to comply with the Kirk of Scotland Montross advised the same and that the Banishment of himself might not hinder it but to that the King answered that he had found him so faithful and to have performed so eminent Services both to his Father and to himself that he could not in Justice or Honour leave him and desired him to urge him no further to it In regard the Answer to the Scots Propositions required some considerable time because it could not be compleated to be returned by the L. of Libberton Sir William Flemming was sent as Agent before hand to Edenburgh from thence to give Advice of the Affairs in Scotland that thereby the Councel might the better know how to frame the Answer Sir John Berkeley and C. Slingsby were sent into the West of England to sollicite the Kings Friends to rise in Arms for their Prince and being accidentally discovered by a Country Fellow were apprehended by the Committee of the County and sent Prisoners to Truroe The Prince had Ambassadors with the Emperour the Duke of Muscovia the State of Venice the Great Turk and with the King of Spain to whom the Substance of the Ambassy was 1 That the Parliament of England having been in Arms against his Father and prevailed against him and caused him to be put to Death 2 That he being Son and Heir to the late King was yet kept out of his Kingdom by the aforesaid Parliament 3 That he desired the King of Spain's Neighbourly Assistance and that he would afford him what Aid he could to Establish him into his Rights and Dignities in the Kingdoms To this the King of Spain made Answer 1 That he was sorry for his Fathers ill Success wishing he had been more prosperous 2 That he condold with him for his Fathers Death and was much affected with Sorrow at the manner of it 3 That concerning the difference between him and the Parliament and the Rights on the one or the other Side they being Matters out of his Territories and Jurisdiction he could not take Cognizance of them nor should he meddle therein But for any thing within his own Dominions he should be ready to do him what lawful Favour he could November 1649. The Princes continuance at Jersy was by his Councel held not fit to be much longer upon these Reasons 1 Because there was a considerable Fleet of the Parliaments come already to Portsmouth with store of Provisions and it was necessary to prevent the danger that might fall upon them in case those Ships should make an attempt upon the Island which that they would do was the more probable because there were already men landed in Jersy 2 That if they should lye under that hazard they knew not where to expect Relief except all other Services should be neglected and Prince Rupert and Montross called hither which would be the ruine of their Designs 3 That their removal would give great Satisfaction to the Kingdom of Scotland and be an Encouragement to their Friends in England 4 That thereby they should be the more free from Hazards and Dangers both as to themselves and others that should make addresses to them The Councel of State in England had good Intelligence of all the Transactions of the Prince and of his Councel which they procured by their Mony whereof some of the Prince his Servants were needy and would betray their Master for it The times were licentious and men took strange Liberty to calumniate all in Authority and to clamour if they had not what themselves thought fit respecting themselves and their private Interest and Concerns much more than the Rules of Right and Justice and the Law it self When the King of Portugal could neither by Force nor Intreaties be perswaded to cast off Prince Rupert out of his Protection the English Admirals resolved with patience to awaite his coming out and a long time they kept him in there till at last want of Provisions made them retire and give the Prince room Who immediately steered from thence to Malaga but in the Voyage perplexed with extraordinary Storms he lost his Brother Maurice who in the Vice Admiral was never since
the public Treasuries in London and several Counties The high Court of Justice sate 6 From Exeter That the Judges of Assise there had much settled the People Minds asto the present Government in their Charges to the Grand Jury wherein the Lord Chief Justice Rolles and Judge Nicholas were very much commended An Account of Shipping some Troops designed for Ireland From Tossiter That the Officers and People in that Country did generally and chearfully subscribe the Ingagement From Liscard That the Committee were very active in settling the Militia and the Country were ready to come in and be listed 8 From Chester That Kilkenny was surrendred upon Articles unto the Lord Lieutenant That C. Hewson in his return to Dublin with part of his Brigade took Scarlough the great Tory and divers Priests and Fryars accidentally and that the Lord Lieutenant besieged Cartherlow From Scarborough That the Governour having notice of a small Man of War belonging to the Prince he got a Northsea Vessel and sent Captain Lassels with 50 men in her to see if they could meet with the Pyrate who lay near to that Harbour That the Pirate espying this little Vessel at Seacame out to her set upon her her men having Orders to keep close and not be seen till the word given and assoon as the Pyrates were ready to board the Souldiers came forth and fell on them forced their Men being 29 under deck and brought away them and their Ship to Scarborough six of their Men and one Captain being slain and all the men in the Pyrates Ship were Papists and those who had long used this Course of Piracy 9 An Act and Declaration passed for imposing Penalties upon such as purchase any Crown Lands as original Creditors and pay with assigned or false Bills An Additional Act Passed for the furthur ease and relief of poor Prisoners Order that the Lords Commissioners of the great Seal take care that all Indictments Outlawries and other Acts against any Person for adhering to the Parliament remaining upon Record be searched out taken off the File cancelled and burnt as things scandalous and void Order that all Patents for granting any Title of Honour to any Person after the carrying away of the great Seal to Oxford be annulled and made void And that they do not take that title to whom it is granted nor any presume to give it them and that the Lords Commissioners do prepare an Act for that purpose An Act read for laying an Imposition upon Coals towards the building of Ships An Act read against transportation of Gold and Bullion out of this Nation beyond Seas An Additional Act passed for providing Maintenance for Ministers by Augmentations Vote That no Merchant or Trader beyond Seas shall have any Place in the Custome House during the time that he tradeth That the Arms of the King be taken down in all Ships and the Generals at Sea to see it done That the Arms of the King be taken down in all Churches and Chappels and the Justices of Peace Churchwardens and other Officers ordered to see it done That the Councel of State have power to remove from London and 20 Miles distance from thence all such Delinquents whose abode there they shall Judge to be dangerous An Act passed impowring Commissioners to put in execution the Powers formerly given to the Commissioners for compounding with Delinquents the Committee of Habberdashers Hall c. 10 An Account of transporting Forces for Ireland Letters that Ormond is desirous to go out of Ireland and Inchequin to come in to the Parliament From Lisbon That G. Blake with the Parliaments Fleet arrived there and understood that Prince Rupert intended to set sail from thence within two days whereupon Blake sent to the King of Portugal for leave to come into the River of Lisbon and coming near with his Ships the Castle shot at him That upon this Blake came to an Anchor and sent a Boat to know the Reason why they shot at him the Captain of the great Castle made answer That they had no Order from the King to let them come in That the Merchants Ships that came with Blake seeing this set sail for the Streights After this the King sent one of his greatest Nobles to congratulate with Blake and to desire him not to come in except the weather proved bad whereby he could not ride where he was it being his Majesties Fear that he and Prince Rupeit would quarrel and fight in his Harbour The Kng also sent to Blake a large present of fresh Provisious for his Refreshment That the weather beginning to be foul Blake came into the Bay of Wyers in the River two Miles from Prince Rupert whose men came dayly from him to Blake and one of his Ships the Swallow was coming away but was discovered and the Boatswain clapt in Chains That the Admiral had not above 40 Seamen in his Ship and very few in the rest of his Fleet. That Captain Molton went on Shore from Blake to satisfy the King of the Falsities of Prince Ruperts Declaration 11 A Scots Vessel taken by an Irish Man of War was rescued by a Dutchman The Commissioners settled the Militia in Courwall From Chepsto That at the Assises was as great an appearance of Gentlemen and Freeholders as ever was seen in that Country One tryed and found guilty there for poisoning his Wife and was upon his own words greatly suspected to have poisoned his four Wives and three Children Orders issued That every Regiment of Foot should be recruited to 1200 the Collonels Company to be 200 the Lt. Collonels Company 160 the Majors 140 and the other seven Companies to be 100 a piece Anno 1650 12 From Scotland That notice being had of their Commissioners arriving in Holland the Kirk kept a day of humiliation to seek God for a Blessing upon the Treaty and injoyned the like through Scotland That many German Officers are there expecting imployment when the King comes thither That Cromwel granting Liberty of Conscience to the Irish they will all submit to him 13 From Dublin That the Governour C. Hewson after he had taken Lawlinbridge by order marched with a strong party and met the Lord Lieutenant at Gouran five Miles from Kilkenny and March 19. entred the Town without Opposition That the Castle stood on t and after a sharp dispute upon one attempt to storm the Common Souldiers that they might have Quarter for themselves delivered up their Officers viz. C. Hammon M. Townly two Captains one Quarter Master one Lieutenant and a Priest March 22 All the Officers were shot to death except the Lieutenant who was spared for that he joyned with the Souldiers to deliver up the Officers and the Priest was hanged The Souldiers that were English took up Arms with ours Next day our Forces marched towards Kilkenny and March 24th were necessitated to attempt a Storm to divert the Enemies Forces from falling upon a Party of
Lord Mayor and Aldermen of London visited and complemented his Excellence The Lord Lieutenant sate in Parliament and had the hearty thanks of the House for his great and faithful Services in Ireland Order for Letters to the Commissioners of the several Counties to hasten the collecting of the Assessement An Act passed to impower the Militia of London to raise 600 Horse An Act passed for the better Payment of Augmentations out of sequestred in propiations and Tithes An Account to the Parliament from Mr. Strickland their Agent in Holland and from Mr. Charles Vane their Agent in Portugal of their Transactions From Ireland of the taking two Ships with 500 Barrels of Powder bound for Lymerick That this Town hath sent two Aldermen forth to treat for its surrender That Kilmallock and another strong Place upon the news of Clonmel were quitted by the Enemy From Milford of Recruits shipping From Chester that Trecoghan holds out The Castle is much battered but the Place is reputed inaccessible That some of the Forces from Clonmel are attempting Catherlow That most of the Irish get to a head near Charlemont That Sir Luke Fitz-geralds Lady defends Trecoghan From Pendennis That there were 2 Dutch men of War with Commissions to take such Ostenders Jersimen and Scilly men and Irish men as had taken Ships belonging to their State 5 An Order from the G. forbidding any Souldiers to meddle with matter of title or holdding of Possessions From Plymouth of the Souldiers keeping a Fast day From Denbigh That the Commissioners for propagating the Gospel in Wales ejected many Malignant and Scandalous Ministers From Southamton of a Malignant Lancashire Minister who being cast out of his Living came and preached in those parts and endeavoured to promote the Princes Cause prophesying of his Legal Authority and the Glory of it and that he shall Govern this Nation with much more Glory than his Father did and that a great Plague should be this Summer 6 From Weymouth of a Fight at Sea close under Portland informed to be between one of the Parliaments Ships loaden with Amunition for the Fleet at Lisbon and 3 Irish men but who had the better of it they could not know From Coventry That C. Pride and his Regiment Quartering in the Town behaved themselves very civilly and orderly From the Fleet before Lisbon of a Designe by P. Rupert to fire the Admiral by sending a boat with 2 Negros and an English man in Portugese Habit under pretence to sel-Provisions to the Fleet and had a Device to have fired the Ship But the English man casting out by chance an English word they were suspected and apprehended the English man confessed all the business and that P. Rupert promised him 100 l. to effect it That P. Rupert standing on the Shoar to see this done when he perceived it was discovered and the men apprehended came to the Water side where some Seamen were filling Water and asked them who they were for they answered for the Parliament Whereupon the P. with his company calling them Doggs fell on them with Swords and Pistols killed 2 of them wounded 2 more and carryed away 3 of them Prisoners whom they keep in Chains and have killed and taken several other Seamen of the Parliaments Fleet there 7 From Dublyn That 120 of the Enemy came to relieve Trecoghan thinking by stealth to get over a Bogg but C. Hewson having notice of it sent out a Party of Horse and Foot who killed 60 of them and pursued the rest to a Bogg where they killed 16 of them and tooke 4 Prisoners That the Souldiers which were in Clonmel fled to Waterford and were there denyed entrance onely Hugh Boy Oneal and 2 or 3 more Commanders were admitted That the Plague is very hot there That the Parliaments Forces in the North recovered Tuum which was surrendred through the terrour of a Morter piece that made onely two Shots but none of the Shells lighted within 40 yards of the Place 8 From Edenburgh That Hamilton Calander Louderdale and other Lords are forbid to come into Scotland with the King That Calander offered submission to the Kirk but it would not do and he is to depart the Kingdom by a Day under pain of 100000 l. Scotch From Portugal That G. Blake had taken 5 of the K. of Portugal Ships loaden with rich Commodities from America and sent Word to the King that unless he will command P. Ruperts Fleet out from his River they will endeavour to seize upon the rest of his Fleet coming from America 10 From Berwick that the Parliament of Scotland sent a Letter to their King expressing their Affection to him and their rejoyceing at the Happy Agreement desiring him not to be discouraged at some seeming Obstacles as the Death of Montross c. they doing nothing therein but to accomplish his Interest That Hurrey and Spottswood were beheaded and an acknowledgement made That Spottswood a Bishops Son was one of those that murdered Dr. Dorislaus in Holland And that another Scots Man Prisoner now at Edenburgh was of his company That a French Marquess landed in the North of Scotland to assist Montross not knowing what was become of him but the Marquesse was secured and from him were taken many Letters from the King and from several Princes and great Men incouraging him in the business he had undertaken From York of a Fast Day kept there by the Officers and Souldiers and the like at New-castle From Dublin That Hewson from before Trecoghan writes that Ormond and all the Irish were drawing down towards them to raise the Seige and he sent for all the Horse of these Quarters G. Blake sent a Paper to the King of Portugal of the grievances declared to his Majesty by the Parliaments Fleet riding in the Bay of Wyers against Prince Rupert which themselves and others of their Nation had suffered and now desire Justice 11 The Lord Lieutenant of Ireland gave an Account to the House of the whole state of Affairs in Ireland in relation to their own Forces in Garrison and Field their present imployment and settlement and of the Forces of the Enemy and the Garrisons yet in their power He left Ireton his Deputy in Ireland to prosecute the Parliaments Interest there The L. Seaph Agent from the States of Holland had audience with great respect An Act passed for settling the Militia of Westminster in the same manner with that of London From Chester That Sir Charles Coot took from the Vlsters 2000 Cows That Sir Thomas Armstrong is come into Dublin with 250 Horse That the Lemster Army lay before Trecoghan and they were upon treaty of delivery That Ormond and Inchequin were come in and undertook that they and all the English and Brittish shall joyn with the Parliaments Forces against the Popish Army and they take 6 Months to make their Peace with the Parliament or to go beyond Seas That a strong Party of the Tories came
the West before the Judges inveighed against the Proceedings of the Parliament 10 Letters that both the English Army and the Scots likewise were in want of Provisions That in the last encounter with M. G. Straghan 200 of his Party were slain and 109 of his Troopers taken Prisioners and 60 Countreymen that the Parliaments Forces had but 6 killed and about 40 wounded who were sent by Sea with a Chyrurgeon to Berwick That the General sent the chief Officers of the Scots who were wounded and taken in his own Coach to Edenburgh and the rest in Waggons and took Parolles of others That the King sent out a Proclamation requiring all Gentlemen to depart Edenburgh in regard of the scarcity of Provisions 12 Letters that the Scots sent out a great Party of Horse and Foot and the General sent out a Party to attend their motion least they should go for England That by reason of the great Storms the Ships with Provisions from London could not come up to the Army so that they were in great Streights The General and Army sent a Reply to the Scots Answer to the Declaration of the Army and their insinuating Letter to the under Officers and Souldiers of the English Army was fully answered in a Letter from the General 13 An Act passed for explaining a former Act touching the Fee-farm Rents An Act passed against Atheistical Blasphemous and Execrable Opinions Several Votes passed by way of Instructions to the Commissioners of Goldsmiths Hall and Habberdashers Hall That Captain Wyer with one of the States Ships of 22 Guns being commanded to convoy four Ships of Hull was set upon by six Irish Frigots fought with them 12 hours after the four Hull Merchants Ships were run away and came off from them though much torn with the loss of one man 14 Letters of Prizes taken at Sea from the French 15 Sentences by a Court Marshal of Souldiers for Mutiny and Misdemeanours Letters of a rich Ship of Hull taken by the Irish and Scots Ships That the Plague was decreased in Ireland That Charlemont sent to Sir Charles Coot to treat but he denyed it That the General his Coach and Waggons sent with the Scots Prisoners to Edenburgh were not permitted to come into the Town because they had not buryed their dead but they sent Horses for their wounded men to Arthurs Hill and sent back the Coach and Waggons That 10 Scots Prisoners were taken by C. Okey That the Army retreated to Dunbarre to meet and take in their Provisions brought thither by Sea Upon C. Hackers approach to a House where a Party of Scots were they quitted it and Hacker had in it store of Meal and Provisions That the City of Coventry raised a Regiment of 1100 of the choicest Citizens for their Militia 16 Letters that C. Ingoldsby with a few of his Dragoons fell upon a great Party of the Enemy that came out of Lymerick to plunder killed about 20 of them and pursued the rest to the Gates of the City That a Party from the Camp before Carlowe fell upon a Party of the Enemies Horse took about 40 Horse but the Men fled to Boggs and escaped That C. Phayers took in the Castle of Kilmorry which was surrendred to him upon Quarter for Life and in it were 82 private Souldiers besides Officers That Lymbricke desired some conditions of Newtrality but C. Ingoldsby denyed them That Captain Mildmay had a sharp Fight with one Frigot against three French Men of War and took one of them who had 16 Guns whereof 4 were brass 17 Letters that the Army at Dunbarre received their Tents and Provisions from the Ships and two days were spent in Exhortations to the Army and in seeking God for his Blessing upon their Action and then they again advanced towards Edenburgh That C. Andrews a Lawyer sometimes of the Kings Party was sentenced by the High Court of Justice to death 19 Letters that a Trumpet came to the Army from Lt. G. David Lesly with an Answer from the Commissioners of the General Assembly to the General his last Letter Execution of the Sentence of a Court Marshal upon 5 Souldiers for offering violence to a Country man and his Wife and Family and Goods That the Inhabitants of Dunbarre were in such want of Provisions that they pickt the Beanes from the Horses off the ground and eat the Sheeps Guts which were thrown away by the Souldiers That the Countreymen are so inslaved to their Lords that they cannot get any thing considerable of their own before hand and many of their Women are so sluttish that they do not wash their Linnen above once a Month nor their hands and Faces above once a year The General caused the Commissioners to distribute a great Proportion of Pease and Wheat to the value of 240 l. of that which was sent from London to the Army among the poor People of Dunbarre yet when they can have an Advantage the Countrey robbed and killed many of the Souldiers That upon the Armies return to Muscleburgh they found it more forlorn than before Lesly having commanded That the Gude Women of the Town should awe come away with their Gear and not any stay to brew or bake for the English Army on pain of death That the Ministers in Edenburgh gave God thanks for turning back the Army of Sectaries by the way that they came and string a Terrour into their hearts which made them flee when none pursued That Captain Bull with the Adventure Frigot fought with a French Man of War and sunk her some of her men saved upon Quarter about 120 of them killed and drowned 20 An Act passed for continuing the Excise for three years longer An Act passed for Authorizing Commissioners of the High Court of Justice to issue their Warrant for beheading of Mr. Andrews according to his Petition to the Parliament and the like in other Cases notwithstanding their sentence for hanging drawing and quartering Power of naming Fellows and Demies in Magdalen College in Oxford ordered to be left to the then President Letters that the Armies returning to Muscleburgh the Scots Ministers were ashamed of their Thanksgiving for their running away That Provisions and Tents were distributed to the Horse and Foot Divers Scots killed and taken at meeting of several Parties That a Dutch Ship laden with Goods worth 50000 l. was wracked near Pembroke That the Grand Jury at Hereford Assises presented a Remonstrance to the Judges of their readiness to assist the Parliament against the Scots 21 Letters that M. G. Langhern in Wales and other Gentlemen there and in other places were secured upon suspicion of designs by them against the Parliament 22 Letters of some Fights at Sea between the Parliaments Frigots and some French Men of War who were soundly beaten Mr. Euseby Andrews was beheaded at the Tower-Hill according to the sentence of the High Court of Justice and died very resolutely 23 Letters that the Army
be given them nor would they agree to surrender to Mercy but upon Reverence which was consented unto That they took the Governour and the Capt. of the Moss-Troopers and 60 Souldiers That two of the most notorious of them and the Captain were shot to death upon the Place They took in it many Arms 60 Horse which they had taken from the English and released 10 English prisoners and demolished the House That Middleton laid down his Arms upon condition that the King should be forthwith Crowned and the Estates and Kirk ordered him to take his Command again That Recruits were come from England to the Army That the G. and his Officers kept a Fast-day The House had a very long and smart Debate touching the Act for putting all the Books of Law and 〈◊〉 Process and Proceedings in Courts of Justice into the English Tongue in which Debate some spake in Derogation and Dishonour of the Laws of England For some vindication whereof and for satisfying some Mistakes one of the Members delivered his Opinion in the House to this Effect Mr. Speaker The Question upon which your present Debate ariseth is of no small moment nor is it easily or speedily to be determined for it comprehends no less than a total alteration of the Frame and Course of Proceedings of our Law which have been established and continued for so many years I should not have troubled you with any of my weak Discourse but that I apprehend some mistakes and Dishonour to the Law of England if passed by without any Answer may be of ill consequence and having attended to hear them answered by others who are not pleased to do it I held my self the more engaged in the Duty of my Profession to offer to your judgment to which I shall always submit what I have met with and do suppose not to be impertinent for the rectifying of some Mistakes which are amongst us A worthy Gentleman was pleased to affirm with much confidence as he brought it in upon this Debate That the Laws of England were introduced by William the Conqueror as among other Arguments he asserted might appear by their being written in the French Tongue In his first Assertion That our Laws were introduced by William the Conqueror out of France I shall acknowledge That he hath several both Foreign and Domestick Authors whom he may follow therein The Foreign Authors are Jovius Aemilius Bodine Hottoman Dynothus Volateran Berault Berkley Choppinus Uspargensis Malines and Polydore who affirm this erroncous piece of Doctrine but the less to be regarded from them because they were strangers to our Laws and took up upon trust what they published it this point Of our own Countreymen they have Paris Malmesbury Matthew Westminster Fox Cosins Twyne Heyward Milles Fulbeck Cowell Ridley Brown Speed Martin and some others All of them affirm That the Laws of England were introduced by William the Conqueror But their Errors are refuted by Sir Roger Owen in his Manuscrit who saith that Roger Wendover and Mat. Paris were the first Monks that hatched these addle Eggs. I shall endeavour to shew you That the Original of our Laws is not from the French that they were not introduced by William the Conqueror out of Normandy And I shall humbly offer to you my Answer to some of their Arguments who are of a contrary Opinion Polydore Hist Angl. L. 9. Affirmeth That William the Conqueror first appointed Sheriffs and Justices of the Peace erected Tenures brought in Trials by 12 men and several other Particulars of our Laws For Sheriffs their Name Scire Reeve shews them to be of the Saxon Institution And our Histories mention the Division of Shires by King Alphred but in truth it was much more ancient And it is apparent by our Books and Records some whereof are in the Hustings of London and in the Tower that the same things were in use here long before the Time of King W. I. Sir Roger Owen shews at large that Livery of Seisin Licenses or Fines for Alienation Daughters to inherit Trials by Juries Abjurations Utlaries Coroners Disposing of Lands by Will Escheats Gaoles Writs Wrecks Warranties Catalla Felonum and many other parts of our Law and the Forms of our Parliaments themselves were here in being before the time of Duke William Agreeing hereunto are many of our Historians and Learned Antiquaries But it is Objected That in the Grand Customary of Normandy the Laws are almost all the same with ours of England and the form of their Parliaments the same with ours That the Writer of the Preface to that Book saith it contains only the Laws and Customs which were made by the Princes of Normandy by the Counsel of their Prelates Earls Barons and other wise men which shews the forms of their Parliament to be the same with ours and the Laws in that Book to be the proper Laws of Normandy and ours to be the same therefore they argue that our Laws were introduced from thence by William the Conqueror This will be fully answered If that Grand Customary of Normandy was composed in our King E. 1. his time as good Authors hold it was then it cannot be that our Laws or Parliaments could be derived from thence These Learned men say That this Customary was a meer Translation of our Law-Book Glanvill as the Book of Regia Majestas of the Laws Scotland is and the like of the Laws of Burgundy They further add That the first establishing of the Customary of Normandy was in H. 1. his time and afterwards again about the beginning of E. 2. his time If the Laws in the Customary were introduced there from England it will then be granted that the Laws of England were not inoroduced here by William the Conqueror But I think it very clear that their Laws were brought to them cut of England and then you will all agree to the Conclusion Our King H. 1. Conquered Normandy from his Brother Robert and was a Learned King as his Name Beauclerk testifies whom Juo calls An especial Establisher of Justice Sequerius relates That this King established the English Laws in Normandy Herewith do agree Gulielmus Brito Armoricus Rutclarius and other French Writers who mention also that the Laws in the Customary of Normandy are the same with the Laws collected by our English King Edward the Confessor who was before the Conqueror An additional Testimony hereof is out of William de Alenson Revile who in his Comment upon the Customary saith That all the Laws of Normandy came from the English Laws and Nation In the Customary there is a Chapter of Nampes or Distresses and Decreed that one should not bring his Action upon any Seisure but from the time of the Coronation of King Richard and this must be our King Richard 1. because no King of France was in that time of that Name and the Words Nampes and Withernams were Saxon Words taken out of the English Laws signifying a Pawn or Distress
and met with 3000 Foot and 300 Horse under Clenrickard who had taken some of the Parliaments Garrisons and blockt up a Pass That C. Axtel faced a Pass which was strongly fortified and manned with Horse and Foot and a deep River between him and the Enemy they had an hours Dispute on both sides the River in which the Enemy lost 150 Horse Axtel lost but one Lieutenant and six wounded That by reason of the steepness of the Banks of the River the Souldiers could not get up and so retreated That Axtel having an additional strength in all 1800 Foot and 1000 Horse and Dragoons he advanced towards the Enemy who were above 4000 and got into an Island into which there is one Pass with a Bogg on each side and the Pass fortified in several places one behind another as Reserves all which must be gained before one could enter into the Island That Axtel's men made an attempt upon the Enemy about an hour before night and after a small Dispute gained two of their Guards and at the third Guard they came to the Butt-End of the Musket but Axtel's men forced their Entrance into the Island and the Enemy were totally routed That they lost all their Arms 200 Horse all their Waggons Oxen Tents and what was in the Camp of Provisions and Ammunition That besides those that were killed many of the Irish were drowned That 500 of them were driven into the Shannon by a Party of the Parliaments Horse and were drowned all in one company together That not above 300 of their whole Party escaped yet Axtel lost but one Captain Goffe with 8 common Souldiers and 20 wounded That after this Defeat the Enemy fired and quitted the Garrisons they had taken and fled and Axtel returned to Kilkenny That the next day he Marched out again to find out another Party of the Enemy who infested that Countrey That Nenagh Castle was Surrendred to the L. Deputy who drew off from Limerick by reason of the unseasonable time of the Year Upon reading of this Letter in the House they ordered Thanks to be given the next Lords Day in the several Churches in London for this Victory The Act passed for the 120000 l. Assessment per mensem 27 Letters of the refractoriness of the Magistrates and Ministers of Weymouth to the Parliaments Orders 28 Letters That C. Cooke with 3000 men fell upon the Enemy being 5000 routed and killed of them about 1500 near Limerick That three Ships were wrecked near Plymouth by Storms 29 Letters That C. Blake hearing of a French Man of War lying to take the English Merchants coming out of the Streights he with the Phoenix and his own Fri got found out and fell upon the Frenchman and after some honrs Fight took and brought her into Cadiz That C. Mildmay took another French Ship laden with rich Commodities 30 Letters That the Jersey Pyrates took two Dartmouth Ships and three other Ships Of the increase of the Plague about Exeter That by Great Shot from the Castle eight or nine Persons were killed most of them Scots and three Women December 1650. 2 Letters of an Insurrection in Norfolk begun for the King but soon dispersed by some Troops of Colonel Rich his Regiment Letters of C. Monk's being set down before Brothwick-Castle and of a Ship with Arms come in to the Enemy That some Differences were between the Committee of Estates and the Kirk about their General Meeting but over-voted by the Ministers to comply with the King That upon the News of the Parliaments Victory in Scotland the King of Portugal released the English Merchants and resolved to send an Ambassador into England to the Parliament A Souldier Sentenced to death for running away from his Colours upon his March to Scotland 3 An Act passed for Mr. Manby that no other shall make use of his Invention for boiling of Liquors for 14 years 4 Letters of a Minister in Taunton endcavouring in his Sermon to possess the People That the present Magistrates in England were against Jesus Christ 5 That some London-Ships in sight with French-Ships fired themselves and the French together That the French-Ship taken by C. Blake was worth a Million 6 Letters That Whaley and others to the number of 5000 Men were marched towards Scotland to joyn with the Army That in his March he took in Dalkeith-Castle the Wall whereof was 13 Foot broad at the top and in it he took store of Arms Ammunition and Provisions That the English Souldiers married divers of the Scots women 7 An Account to the Parliament by an Officer of C Rich who was present at the suppressing the Insurrection in Norfolk 9 Letters That C. Ker attempting to fall on Major General Lambert in his Quarters his men took the Alarm incompassed C. Ker's men being all Horse killed 100 of them took 100 Prisoners and 400 Horse That the Kingly Party carried it to Vote C. Straughan's Declaration to be scandalous and tending to Division but questioned none of the Parties to it but divers Lords and Ministers protested against this Vote That the First of January next the King's Coronation is appointed and in the mean time two Fasts one for the Sins of the King and his Family the other for the Sins of the Kirk and State 10 An Act passed for establishing an High Court of Justice in Norfolk c. for punishing the late Insurrections there Votes passed touching Additional Pay for the Souldiers and for preventing of free Quarter 11 Letters of the Death of the Queen Regent of France Of Letters come to the Spanish Ambassador at London carried first to the Councel of State 12 Letters of the Militia setled in several Places Of the ceasing of the Plague in Shrewsbury and thereupon that the Markets were as full as ever 13 Letters That in the Pursuit of C. Ker's Men the C. himself was taken Prisoner and wounded That yet the Scots reported Major General Lambert was taken Prisoner and all his Party five Regiments defeated and a Scotchman swore that he saw Major General Lambert and twelve Colours carried into Sterling That the King is to make his Repentance for his endeavour to escape That the purging of the Kirk and State is intended but no Malignant to be excluded but those of the Honest Party to be laid aside 14 Letters That one Levinston a Minister one of the Commissioners sent to the King at Breda came to the Committee of Estates professing sorrow for his acting as a Commissioner and that the Blood spilt at Dunbar lay upon the Commissioners that he would retire and repent That Captain Hammond was killed from the Castle That the Great Guns and a Mortar-piece were come from London to Leith And That the Souldiers were much pleased with the good Bisquet sent them from London 16 Letters from the General to the Speaker of the Results of the Treaties with Colonel Straughan and other Scots Officers and an Account
of the Defeat given to C. Ker. That there is a great Distraction and mighty Workings of God upon the hearts of divers Religious People in Scotland both Ministers and others much of it tending to the Justification of your Cause A Declaration was published in Scotland of the King and Committee of Estates concerning the Remonstrance of Col. Straughan and his Party And another Declaration and Resolution of the General Assembly of the Kirk of Scotland 17 An Act passed for continuing two former Acts touching Elections in London of Commmon-Councel-men c. Vote That the Fee called Damna Clericorum or Dammage Cleer shall be taken away and an Act to be brought in for that purpose An Act passed for the Sale of the L. Deincourt's Lands Upon a Report from the Councel of State of all the Proceedings of the High Court of Justice upon the Trial of the King the House Ordered them to be Recorded amongst the Records of Parliament and to be transmitted into the Chancery and other Cours at Westminster and to the Custos Rotulorum of the several Counties That an Ambassador from the King of Portugal to the Parliament was arrived in the Isle of Wight 18 Letters from the Admirals at Sea That upon a Letter from the Councel of State to improve all Opportunities for the Service of the State he took the French Man of War and went on in pursuit of P. Rupert That Blake pursued the Prince to the Port of Carthagena belonging to the King of Spain where the Prince with five Ships was put in and Blake sent to the Governor That an Enemy to the State of England was come thither That he had Orders from the Parliament to pursue him c. and the King of Spain being in Amity with the Parliament Blake desired leave to take all Advantages there against an Enemy To this the Governor returned Answer That he could not take any Notice of the Difference of any Nations or Persons among themselves only such as were Declared Enemies to the King his Master that they came in thither for Safety and therefore he could not but give them Protection and that he would do the like to them assuring them all Safety if they also did come in whilst they should stay there That Blake sent a Reply pressing the Governour for leave to fall upon the Prince and thanking him for his Offer to himself But the Governour sent to the King of Spain to know his pleasure herein and in the mean time Blake waited without the Harbour That since the Defeat of C. Ker they took 100 Horse more about Aire and Col. Straughan came in to Major General Lambert with about 60 Horse many of them Officers Jasper Collins was hanged at Charing-Cross for extorting Money from the Countrey and other Outrages as he marched with Recruits towards Ireland Another was tied by the Thumbs to the Gibbet for concealing a Design to betray Walling-ford-Castle where he was a Souldier Two others whipped at the Gibbet for running from their Colours 19 Letters That the Money and Supplies sent from the Parliament to the Army were arrived at Leith That three of the Parliaments Souldiers defended a weak House three hours together in their Shirts against 100 Moss-Troopers 20 Letters That Prince Rupert came to Malago and other Ports and fired and sunk divers English Merchants Ships and demanded the Master of a London Ship who had signed the Petition against the Personal Treaty saying that he would boyl him in Pitch but the Governour of Malago refused to deliver up the Master to him Of a French Ship sent in Prize to Poole by Capt. Mildmay 21 Letters That Blake fell upon Prince Rupert in Malago Road sunk two or three of his Ships run on Shore and exposed to Ship-wrack the rest of his Fleet only two Ships escaped wherein it is conceived Prince Rupert and his Brother Prince Maurice were and Blake in chace of them That when the Great Guns and Mortar-pieces played against Edenburgh-Castle they hung out a Flag of Defiance but after they had played a while and some Execution done by them those in the Castle hung out another Flag for a Treaty And sent a Messenger to the General that they might have time to send to their Friends at Sterling to know by what time they might expect Relief from them and if their expectation was not answered therein that then they would treat for Surrender of the Castle Or if this should be denied then they desired that some of the Scots Prisoners with the General might be permitted to come into the Castle to speak with them which the General granted That the Souldiers in the Castle were many of them sick for want of Water 23 Letters That the Battery went on against Edenburgh Castle and dismounted three of their Guns and shattered their Platform in pieces Copies sent to the Parliament of the Summons sent by the General to the Governour of Edenburgh Castle with his Answer and the General 's Replies 24 Upon a Petition of the Adventurers for Lands in Ireland a Committee appointed to consider of it and to state the Matter of Fact of that Business An Act passed giving power to the Lieutenant General Deputy and Commissioners of Ireland and declaring several Laws to be in force in Ireland Order touching the Trade of Gold and Silver Wyer A safe Conduct granted for the Ambassador of Portugal to repair to London Upon Information by the Speaker That the Spanish Ambassador had been with him and delivered to him a Copy of the Credentials directed to the Parliament of the Commonwealth of England and Signed by the King of Spain the House Ordered That the Ambassador should have Audience The General sent his Letter to the Commanders at Chester Conwey and and other parts commanding That none of the Souldiers offer to give any Disturbance to Justice in the Case of Cheadle who had murdered Bulkley Letters That the High Court of Justice at Norfolk had condemned six of the Mutiniers in the late Insurrection who were Executed at Norwich 25 Letters That Prince Rupert was got on shoar in Spain and being demanded by C. Blake the King of Spain refused to deliver up the Person of the Prince but sent a Messenger to the Parliament about it 26 Letters That Sir Arthur Haselrigg and Mr. Scot members of the Councel of State were come to Edenburgh That the King made a Speech in the Parliament at St. Johns Town expressing much Joy that he was the first Covenanted King of the Nation 27 Letters That Major General Lambert was come to Edenburgh with C. Ker and other Prisoners That after much Execution done by the great Guns and Mortar-pieces in Edenburgh Castle and the General denying them to send to the Committee of Estates The Governour admitted a Treaty and the Commissioners agreed upon the Surrender of the Castle to the L. General Cromwel with all the Ordnance Arms Magazine and
High Puissances are also too just to give the World cause to say that you regard not your Friends but in the Moment when you have need of them and that you neglect to give them like succour as you expect from them What will all the Neighbourhood judge of such proceedings that while these Provinces are Treating in England they let it be known that at the same time they are Negotiating Alliance in France and the Treaty in England being brought near to Effect they speak no more of the Alliance of France One would expect that these two Treaties should March with an equal pace it will be seen that one is advanced and the other stands still If that of England be concluded and no mention made of that of France will it not rather be suspected that an Alliance was proposed at Paris to obtain an advantageous Peace at London But it will not fall out so these distrusts have not entred into the Council of the King the Alliance will proceed and if in the Project which the Commissioners of his Majesty have given to the Ambassadour of your High Puissances there be any thing that requires a temperament it will be done with justice and equality Since France will be free from misunderstanding with England otherwise there would be too much difference in the condition of the Contractors Your High Puissances finding your selves in full Peace with Spain and England And France being overcharged with New Troubles from England besides the War which She sustains against Spain The same justice to procure for France the accomodations with England appears clearly in the Design which your High Puissances discovered when you resolved to Treat an Alliance with France for they thereupon gave Instructions to their Ambassadors in two Cases the one of the Peace the other of the War with England desiring in the last Case that the King should Imploy his Forces for their Succour and it is Equity that you should include in the Peace him whom you would have ingaged in the War otherwise you would reap all the benefit to your selves and put all the bazards upon your Friends These Conditions are so natural and pressing that they may surmount the greatest obstacles if you shall include France in the Peace of your High Puissances with England But if you do not or be found slack â—herein it cannot be said here as in other Treaties That France would not have Peace for She demandeth it instantly It cannot bo alledged what was said to your Deputies on the behalf of the King of Denmark That that Prince did not at all appear by his Ministers France hath hers at London The English are offended with Denmark No such thing appears against France It cannot be objected that our differences are of long discussion and mingled with divers pretensions Nor that there is any great War to be determined or long Animosities to be extinguished It is not a War nor is it any hatred but these differences between us and England may rather be named Disorders in the Commerce of particular Persons and are principally upon such Matters as make Application to the Office of Friends to prevent the Mischiefs of War before they be Declared The thing then is easie of it self but much more easie in the condition you are in England is willing to have a Peace with you and without searching into the Reasons wherefore they desire it it appears sufficiently that they are willing to have it parting with so many pretentions which were put forth in the beginning it is not credible that they would loose the occasion of this Accommodation with the Provinces in the present Constitution of Affairs for this only Circumstance the including of France they would the rather have Peace with your High Puissances if they saw you streightly Vnited with France And if it should fall out otherwise it would necessarily be believed that England had higher Designs that it were joyned with Spain and that the Peace presented to the United Provinces were but a blind to disunite them from their ancient Friends and to ruine them with joynt Forces of the Spaniards when they had separated them But I have no such Opinion I esteem England to treat sincerely with your High Puissances and hope that after you have well considered this Inclusion which I demand of you in the Peace what profit it will bring how necessary for your Trade and to the Security of a reasonable Treaty among Friends just between Allies and easie to be obtained you will not lose the favourable occasion to perform one of the best Actions that hath been done since the Foundation of your State promoting a Peace to a great Kingdom doing a good Office to a powerful King and making known to all the World what they may expect from your Friendship Hereupon I shall attend the Answer of your High Puissances to make it known unto the King my Master The Ordinance published for adjourning part of Easter Term that in the mean time course might be taken for reforming the Abuses and Corruptions in the proceedings of Law A Congratulation to the Lord Protector from the Town of Newcastle Letters that Cornet Kennet with Twenty Men going to Collect an Assessment about Dumfrize were set upon by Forty of the Enemy received their Charge and then charged through the Rebells routed them killed four took six and had only four of his Party Wounded That Lieutenant Hickman with another party fell upon Sixty of the Enemy took six and about twenty Horse That another Party under Cornet Keys and Lieutenant Young with about forty Horse and thirty Foot fell upon a Party of the Enemy being sixty Horse and sixty Foot Routed them and Killed a Captain and twelve Souldiers took several Officers and forty Soldiers and twenty Horse and lost but one Man and another Wounded That Major Bridge took two Prisoners and six Horses which he restored to the Country from whom the Scots had taken them That Lieutenant Hickman had routed the Enemy and taken some Prisoners slew three and pursued them to the Hills 11 Letters that the Ratification of the Articles of Peace with England was Signed by most of the States 12 An Ordinance passed touching Surveyors of the High-ways Another forbidding Planting of Tobacco in England Another for the Union of Scotland with England in these words His Highness the Lord Protector of the Common-Wealth of England Scotland and Ireland c. taking into consideration how much it might conduce to the glory of God and the peace and welfare of the people in this whole Island that after all those late unhappy Wars and Differences the People of Scotland should be united with the People of England into one Commonwealth and under one Government and finding that in December one thousand six hundred fifty and one the Parliament then sitting did send Commissioners into Scotland to invite the People of that Nation unto such an happy Vnion who proceeded so far therein that
Articles to Captain Swayn 13 An Ordinance past for reviving the Judges at Salters-Hall and for releif of Creditors and poor Prisoners which formerly was in force and for some time laid aside by Ordinance of the Lord Protector and his Councel 14 An Ordinance published for an Assesment to be continued for six Months at 120000 l. for maintenance of the Armies and Navy for the three first Months and at 90000 l. for the three last months An Ordinance to inable Judges to keep Assizes at Durham 16 A privy search made through out the Town for persons suspected to be in the Plot against the Lord Protector and his Government and divers Examinations taken and an Ordinance published for an high Court of Justice to try the Conspirators 17 Letters of two Troupes newly leavied by the Enemy routed by the English that Lieutetenant Moor took a Captain and seven of another Party another took a Captain and eight more and Captain Daniel took thirteen of another Party and killed divers 19 Letters that the English in Parties had sometimes in one Day marched Sixty Miles after the Enemy and killed and taken many of them That Collonel Daniel took Four hundred Men and Horse from them going to a Rendezvous 20 The Earl of Oxford and other Persons were Apprehended as Conspirators in the late Plot against the Lord Protector An Ordinance past for Continuance of the Commissioners of the Admiralty Of Two Brest Men of War assaulting a Fleet of English Vessels loaden with Coals and other Commodities which were rescued by Captain Gawden who had a small Ship with Four Guns only yet Fought singly with the Brest Pyrate and made them Flye That the English at Saint Maloes in France were abused by the French without any Provocation and beaten by them in Tumults and one English Man thrown by them over the Key of which he dyed The like insolencies offered by the Papists to the Protestants at Rheimes 21 An Ordinance past for bringing the Publick Revenue into one Treasury Letters of the Insolencies and Drunkenness of the Enemy in Scotland 23 An Ordinance past for giving further time for Approbation of Publick Preachers Letters that since the Peace with England Trade was much revived in the Netherlands and that Eight hundred Vessels were from divers Parts come into the Port of Rotterdam besides those come into their other Harbours That General Monck was come into the High-lands and sent a Summons to a Garrison of the Enemies in Lough Tay and the Governour Answered He would keep it for the King to the last drop of his Blood He being perswaded that the English would not get over the Water to him but perceiving them to make a passage over with Planks his Courage abated and he yielded the Garrison upon terms proposed by General Monck the place was very considerable 24 Letters that General Monk passed by some Garrisons of the Enemies and would not spend time to Besiege them but left them to be reduced by some English Garrisons near them Of a Party sent from Edenburgh which slew Three Tories and took twelve Prisoners and many Horse from them 26 Letters that Collonel Morgan was Marched into the Highlands in Scotland to indeavour to ingage Montross before his Conjunction with Middleton That Lieutenant Collonel Bryan was Landed with a Party from Ireland to assist the Highlanders From Dublin that all things were well there only some interruption for want of the new Authority and that they had sent some of their Forces into Scotland to assist General Monks Provisions Shipped from Chester for the North of Scotland That in Ireland they were reducing Supernumeraries and had Armes come for them which they were to have for their security in their Plantations An Ordinance Published for further incouragement of Adventurers for Ireland and of the Solers and Planters there 27 The High Court of Justice Sate the Lord Commissioner Lisle was President Order of the Lord Protector and his Councel about the Election of Members for the Parliament Letters of the Lord Ambassador Whitelocks Journey in Germany and the Caresses made to him at Lubeck and at Hamburgh 29 An Ordinance published for distribution of the Election for Scotland The like for distribution of the Election of Members in Ireland for the next Parliament in England they to be also thirty and they to have Vote with the Members in the Parliament of England as those thirty from Scotland also are to have their Votes A Romish Priest who was formerly condemned and pardoned and banished and now returned again was Hanged Drawn and Quartered 29 That the King of Scots and his two Brothers went to visit the Jesuit's College at Chantilli and were entertained with divers Speeches extraordinary respects and compliments and with a sumptuous Collation 30 An Ordinance Published against Duels Challenges and all Provocations thereunto The High Court of Justice sate in the Chancery prepared for them and first Mr. Somerset Fox was brought before them who Confessed much of that which was charged against him by Mr. Attorney Prideaux Mr. Solicitor Ellis and Mr. Serjeant Glyn the Protectors Council Then Mr. John Gerrard and Mr. Vowel were brought before them and charged for a Conspiracy to Murder the Lord Protector as he should be going to Hampton Court to seize the Guards and make themselves Masters of the City and Tower and Magazines and to proclaim the King with other Treasons all which they denyed and several Witnesses were heard to prove the charge against them and then the Court Adjourned July 1654. July 1 Letters that Colonel Morgan upon sight of the Highlanders went out with a party to engage them but they sted That Captain Goodfellow with a party took Ten Scotch Prisoners and 60 Horse the Captain was Killed much Provision taken from them That 40 English with their Swords naked did Swim over to an Istand that stood out against them and took it and many Provisions Plate money and other goods in it 3 That Argyle joined with the English Letters of General Monck his taking of Fosse and Lough-Gery in the Highlands That Colonel Bryan with the Forces which he brought from Ireland Killed divers of the High-landers and among them three Commanders of great Note were slain 4 The High Court of Justice sat and Ad journed A Conference with the French Ambassador about a Treaty of Peace 5 The Portugal Ambassador's Brother and two other Portuguises were tried before Commissioners of Oyer and Terminer in the Kings-Bench He pleaded That he was not onely the Ambassador's Brother but had a Commission to himself to be Ambassador when His Brother should be absent and that by the Law of Nations he was priviledged from his Trial and he demanded Councel The point of priviledg of Ambassadors by the Common Law and by the Civil Law and by the Law of Nations was long debated by the Court and the Lord Protectors Councel and the
to Briars and Thorns they have nourished themselves under your shadow And that I may be clearly understood they have taken the opportunities from you Sitting from the hopes they had which with easie conjecture they might take up and conclude that there would be no Settlement and therefore they have framed their Designs preparing for the execution of them accordingly Now whether which appertains not to me to judg of on their behalf they had any occasion ministred for this and from whence they had it I list not to make any scrutiny or search but I will say this I think they had them not from me I am sure they had not from whence they had it is not my business now to discourse but that they had is obvious to every mans sense What preparations they have made to execute in such a season as they thought fit to take their opportunity from that I know not as men know things by conjecture but by certain demonstrable knowledg that they have been for some time past furnishing themselves with Arms nothing doubting but that they should have a Day for it and verily believing that whatsoever their former disappointments were they should have more done for them by and from our own Divisions than they were able to do for themselves I do not and I desire to be understood so that in all I have to say of this subject you will take it that I have no reservation in my mind to mingle things of Guess and Suspition with things of Fact but the things I am telling are of Fact things of evident demonstration These Weeds Briars and Thorns they have been preparing and have brought their Designs to some maturity by the advantages given to them as aforesaid from your Sitting and proceedings but by the waking eye that watched over that Cause that God will bless they have been and yet are disappointted And having mentioned that Cause I say that slighted Cause Let me speak a few words in behalf thereof though it may seem too long a digression Whosoever despiseth it and will say it is Non Causa pro Causa the all-searching Eye before mentioned will find out that Man and will judg him as one that regardeth not the Works of God nor the operations of his hands for which God hath threatned that he will cast men down and not build them up that because he can dispute and tell us He knew not where the Cause begun or where it is but modelleth it according to his own intellect and submits not to the appearances of God in the World therefore he lifts up his heel against God and mocketh at all his providences laughing at the observations made up not without Reason and the Scriptures but by the quickning and teaching Spirit which gives life to the other calling such observations Enthusiasms Such men I say no wonder if they stumble and fall backward and be broken and snared and taken by the things of which they are so maliciously and wilfully ignorant The Scriptures say The Rod hath a voice and he will make himself known and he will make himself known by the Judgments which he executeth and do we not think he will and does by the providences of Mercy and kindness which he hath for his People and for their just Liberties whom he loves as the Apple of his Eye Doth he not by them manifest himself And is he not thereby also seen giving Kingdoms for them giving men for them and People for their lives as it is in the 43. of Isaiah Is not this as fair a Lecture and as clear speaking as any thing our dark Reason left to the Letter of the Scriptures can collect from them By this voice has God spoken very loud on the behalf of his People by judging their Enemies in the late War and restoring them a liberty to worship with the freedom of their Consciences and freedom in their Estates and Persons when they do so And thus we have found the Cause of God by the Works of God which are the Testimony of God upon which Rock whosoever splits shall suffer shipwrack But it is Our Glory and it is Mine if I have any in the World concerning the Interest of those that have an Interest in a better World It is My Glory that I know a Cause which yet we have not lost but do hope we shall take a little pleasure rather to lose our Lives than lose But you will excuse this long digression I say unto you whilst you have bin in the midst of these Transactions that Party that Cavalleer Party I could wish some of them had thrust in here to have heard what I say the Cavalleer party have bin designing and preparing to put this Nation in blood again with a witness but because I am confident there are none of that Sort here therefore I shall say the less to that onely this I must tell you they have been making great preparations of Arms and I do believe will be made evident to you that they have raked out many thousands of Arms even all that this City could afford for divers Moneths last past But it will be said May we not arm Our selves for the Defence of our Houses will any body find fault for that No for that the reason of their doing so hath been as explicite and under as cleer proof as the fact of doing so for which I hope by the Justice of the Land some will in the face of the Nation Answer it with their lives and then the business will be pretty well out of doubt Banks of Money have been framing for these and other such like uses Letters have been issued with Privy Seals to as great Persons as most are in the Nation for the advance of Moneys which have been discovered to Us by the persons themselves Commissions for Regiments of Horse and Foot and Command of Castles have been like wise given from Charles Stuart since your Sitting and what the general insolencies of that party have been the honest people have been sensible of and can very well testifie It hath not been only thus but as in a Quinzey or Pleurisie where the humour fixeth in one part give it scope it will gather to that place to the hazarding of the whole and it is natural to do so till it destroy nature in that Person on whomsoever this befalls So likewise will those diseases take accidental Causes of aggravation of their distemper and this was that which I did assert that they have taken Acci dental Causes for the growing and encreasing of those Distempers as much as would have been in the natural body if timely remedy were not applyed And indeed things were come to that pass in respect of which I shall give you a particular account that no mortal Physician if the Great Physician had not stept in could have cured the Distemper Shall I lay this upon your Accompt or my own I am sure I can lâ—y it upon
what he had privately said to my Lord Protector The Lord Fiennes said That we were tied up to Insist as we did upon the Treaty and If his Excellency had proposed any thing to his Highness by way of Expedient that he might be pleased to speak with him again about it and he hoped that a good Issue would come of it There was also Debate at this time concerning Passes The Ambassadour saying That he observed nothing to be mentioned of them in that which was read The Lord Fiennes said That the Council had had it in debate and did find much difficulty to agree upon a Form of Passes But that the same would be lyable to be counterfeited and much prejudice thereby to England especially in this time of our War with Spain That they had thought of another way which they desired might be propounded to his Excellency that the Commissioners which were to be appointed for restitution of Damages might also be Impowred that when any Ship were brought in to Examine whether she had any prohibited Goods or not and if any Injury or Damage were done to the Party so brought in that those Commissioners should have power forthwith to award Restitution and Satisfaction out of his Estate that did the wrong and If he had not Estate sufficient then the Commonwealth to make Satisfaction and not to have proceedings in the Admiralty Court but only in matters of Law or of great difficulty and this was apprehended to be the best way for avoiding deceits in counterfeiting Passes and colouring of prohibited Goods and the readiest means to obtain Satisfaction where any Injury should be done The Ambassadour said That the Lord Whitelock knew it was much Insisted upon at Upsale that there should be Passes and the Form should have been agreed upon within 4. Months That it was Impossible to avoid former Wrongs and such usage as had been heretofore without Passes and that altho some might counterfeit hands yet they could not counterfeit Seals and If any were taken that did counterfeit let them be hanged and for Commissioners they could not tell how to judge but by the Passes and they must have Rules to go by The Lord Fiennes said That there were many that could counterfeit Seals as well as Hands and that the Seal of the Council it self here had been counterfeited that he believed after some few Examples made for bringing in Ships without cause and sound damages given that very few would be troubled nor any adventure but upon Just ground to hinder any Ship in her Voyage and that some Commissioners might Reside at Dover and another Sett of them at Plimouth and so in convenient Ports in the King of Sweden's Dominions That no Ship should be brought far out of her Way and have a speedy dispatch and three Commissioners being English and three other Swedes there could be no doubt but that Justice would be done to each Party Whitelock acknowledged That the Passes were much Insisted upon at Upsale and that he was very glad he had not there agreed upon a form seeing the Council here did find it so difficult a matter That he was there acquainted with many Complaints against the proceedings in the Court of Admiralty here and that he thought no way better to prevent the like Complaints hereafter than by having such Commissioners of both parts as was mentioned by the Lord Fiennes Strickland said That if we agreed to Passes for the Swedes Ships that the Dutch would Expect the like and that would bring great Inconveniences to this Nation Mnr. Coyett said That It would be Impossible to preserve Terms of Amity and to prevent doing of Injuries unless Passes were agreed upon and that it was so with other Nations and he did not comprehend the Inconveniences of it The Ambassadour said That the Case was not the same to the Dutch as to the Swede because these were the Native Commodities of the King his Masters Territories as Cloth was of England and that the Dutch had little store of any Commodities of their own Countrey That there had been too much cause of Complaint against the proceedings in the Admiralty Court of England and he thought that such Commissioners might be some means to prevent the like cause of Complaints for the future That he desired a Copy of those Articles now debated and If they pleased that he might have it in Latin which he would consider of and return a more particular Answer at the next meeting This was promised to be sent unto him within a day or two and after some discourses upon other parts of the Articles as concerning Levies of Souldiers and Hiring of Ships of War and of their Resort into each others Ports and some other Particulars wherein there was not much debate nor disagreement but only upon the great Questions which is before at large related The Commissioners came away To his Highness the Lord Protector of England Scotland and Ireland The Humble Petition of Jacob Momma of London Merchant THat your Petitioner not above 9. Months last past hath used the Trade by himself and his Agents of making Lattin Wyer and Black Lattin of all sorts out of Coppar a Trade of much advantage to this Commonwealth whereby many Hundreds of poor People may be set on work and the Brass which is tinned out of the Coppar by melting is increased above a third part in weight exceeding the Coppar out of which it is made The Improvement whereof is very useful in this Nation for casting of Ordnance But so it is may it please your Highness That your Petitioner beginning his said Trade The King of Sweden out of whose Dominions the Coppar is brought for Encouragment of the Makers of Brass Lattin Wyer and all sorts of Black Lattin and for Keeping the Management of that Trade within his own Country hath lately raised his Customs there upon Coppar from thence Exported from 7 s. to about 27 s. sterling per hundred weight whereas not above 3 s. sterling per hundred weight is paid there for Lattin Wyer and all sorts of Black Lattin thence Exported which will not only be the destruction of your Petitioner's said Trade but also the ruine of several Families which have dependance on your Petitioner in the managing thereof If some speedy Remedy be not taken therein Now for that your Petitioner ' s said Trade is chiefly carried on by the use of a Native Commodity called Callamy without which Coppar cannot be turned into Brass which is altogether otherwise useless And that the said Callamy may prove a Staple Commodity in this Common-Wealth which will never be wanting therein His humble Suit therefore is That Your Highness would please to be a Means that the Custome upon all sorts of Black Lattin and Lattin Wyer Imported from any Parts into this Common-wealth may be rays'd as in your Highness's Wisdom shall be thought most fit and proportionable to the late raised rates in Sweden upon Coppar Exported thence
and friendly to all Gentlemen of her acquaintance her death did much grieve her Father 12. The Protector was ill at Hampton Court 13. The Attorney Prideaux and the Sollicitor General were made Baronets 16. Mr. Robinson had a project to raise money for the Publick 17. Sir John Winter had a Project of charking of Sea-coal whereby it became as sweet Fuell as Wood or Charcoal and he sent some of it with a new fashion'd Grate to several great men for a Tryal but it came to nothing 21. A Bill signed by his Highness for a Patent to make Whitelocke a Viscount and in Secretary Thurlo's hand to be passed but Whitelocke did not think it convenient for him 22. Gravelin was delivered up to the French upon Articles 24. The Duke of Buckingham was apprehended and committed to the Tower 26. The Protector was sick at Hampton Court as some thought of an Ague 28. The Earl of Mulgrave one of his Highness Council died in the way as he was coming up to London September 1658. 3. This day about Two a Clock in the After-noon the Protector died at Hampton Court the same day that he had before obtained the Victories at Dunbar and at Worcester he now went to rest in the Grave after his many great Actions and Troubles he now died quietly in his Bed some were of opinion that he was poysoned Immediately upon his death the Council assembled and being satisfied that the Protector in his life-time according to the Petition and Advice had declared his Son Richard to be his Successour the Council caused the same to be proclaimed in a solemn manner in London and Westminster and they went the same day to Richard to acquaint him with it and sent a Committee of the Council into the City to inform them hereof The Proclamation of Richard to be Lord Protector was made in London in the following words Whereas it hath pleased the most wise God in his Providence to take out of this world the most serene and renowned Oliver late Lord Protector of this Common-wealth And his Highness having in his life-time according to the humble Petition and Advice declared and appointed the most Noble and Illustrious the Lord Richard eldest Son of his said late Highness to succeed him in the Government of these Nations We therefore of the Privy Council together with the Lord Mayor Aldermen and Citizens of London the Officers of the Army and numbers of other principal Gentlemen do now hereby with one full voice and consent of Tongue and heart publish and declare the said Noble and Illustrious Lord Richard to be rightfull Protector of this Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging To whom we do acknowledge all fidelity and constant obedience according to Law And the said humble Petition and Advice with all hearty and humble affections beseeching the Lord by whom Princes rule to bless him with long life and these Nations with peace and happiness under his Government Richard Chiverton Mayor Henry Lawrence President Nathaniel Fiennes C. S. John Lisle C. S. C. Fleetwood P. Lisle John Desbrough E. Mountague Gilb. Pickering C. Wolseley Philip Skippon William Sydenham Wal. Strickland Phil. Jones Jo. Thurloe Fauconberg Edw. Whaley W. Goff Tho. Cooper Oliver Flemming John Clerk Tho. Pride Edm. Prideaux Tobias Brigde Edw. Salmon Jo. Biscoe Waldine Lagoe John Mill. E. Grosvenor c. God save his Highness Richard Lord Protector The Council gave the Oath to Richard and with his consent another Proclamation was published for all that were Officers in his Father's time to continue in their places 8. The Master of the Ceremonies by Order of the Council acquainted all foreign Ministers with the death of the late Protector and the Succession of his Son Richard 9. Letters of the Proclaiming of Richard to be Protector in several of the chief Cities and Towns in England 10. Of the Proclaiming of Richard Lord Protector at Dunkirk Richard and his Council kept a Day of humiliation and ordered the keeping of it at another time in London 11. News of the King of Sweden's besieging of Copenhagen 17. Mens minds were troubled at this change and feared the consequences of it 20. News of the surrender of the Castle of Cronenberg by the Danes to the King of Sweden 25. Several Addresses came to the new Protector declaring satisfaction in his succession and resolution to adhere to him 28. News of good Service performed in Liefland by General Douglas and of the King of Sweden's Successes in Denmark October 1658. 2. An Address from the Sea-Officers acknowledging Richard and protesting to stand by him and from General Monk and his Officers in Scotland 4. News of the taking of Ipre by the English and French in Flanders 5. Addresses to Richard from Portsmouth 6. An Address from the French Dutch and Italian Churches in London 7. The Gentlemen and Freeholders of Buckinghamshire having framed an Address to Richard wherein most of the principal Gentlemen were engaged When they had got it signed they pitched upon Whitelocke to present it whom a great number of them accompanied to Richard with the Address and were quickly admitted to his presence Whitelocke with a short Speech presented it to him and Richard made a very good prudent Answer and thanked the Gentlemen for their affections 10. Letters from Bergen ap Zoam of the news of those parts and of their great Fleet and assisting the King of Denmark against the King of Sweden 23. Mr. Fell died he was a good Lawyer and a good man he served the Parliament as a Souldier and they made him Commissioner of the Seal for Lancaster and second Justice of Chester 15. Several Addresses to Richard from the Congregational Churches and from divers Cities and Counties 18. Audience given by Richard to the French Ambassadour when Richard did carry himself discreetly and better than was expected 19. An Envoy from the King of Sweden to Richard to congratulate his Succession had Audience and from him news of the continuance of the Siege of Copenhagen 22. By advice of the Commissioners of the Treasury order was taken for the bringing in of money for the Souldiers 24. Several other Addresses were made to Richard 27. A general Address to Richard from Berkshire 28. Addresses from the Sea-Officers and Mariners Novem. 1658. 3. An Address to Richard from Oxfordshire 8. News of the Fight at Sea betwixt the Swedes and the Dutch who came to relieve Copenhagen Admiral Wrangell behaved himself very gallantly and the Swedes had much the better in the Fight but whilst the Swedish Ships were engaged the Merchantmen got by and brought the desired Relief to Copenhagen 13. Sr. Gustavus du Val Envoye from the King of Sweden had Audience and took his leave of Richard 16. Addresses to Richard from the Officers of the Army presented by Desborough 18. Whitelocke constantly attended the business of
Council of State though he was a Member of the House and referred his further examination to the Council His crime was for perswading his Souldiers to obey the Parliament and to stand against Charles Stuart The like Approbation of what the Council had done in the case of Haslerigge and his further examination referred to the Council Letters that Overton perswaded divers Officers to stand against having a single person in the Government the Council reported this and referred to them Letters from Sir George Ascue of the King of Sweden's Death of a Feaver at Gottenburg Lambert committed to the Tower by the Council of State Letters that the King went from Brussels to Calais 8. Votes touching the Militias A Proclamation for executing the Laws against the Papists 9. Votes touching the Assessment The Bill for calling a new Parliament 25 of April committed and the Committee to consider of Qualifications 10. Orders touching the Militia of London and other Militias in a generall Bill Letters from Overton to Monk and to the Council wherein he submits to their commands and protests his faithfullness in defence of his Countries rights against any Arbitrary or Kingly Innovation He was discharged of his command In his Letter to Monk he fears running back to the Old Bondage of Kingship and puts Monk in mind of his former Declarations for a Commonwealth Letters from Lawson and his Officers Resolutions to acquiesce in the Determinations of Parliament and his Excellency the like of other Forces Sir Peter Killegrew made Governour of Pendennis Castle by Monk and Mr. Maurice made by him Governour of Plymouth Meetings of some Persons of Quality with Monk and his Officers about bringing in of the King Colonel Fairfax made by Monk Governour of Hull and Overton obeyed Order to take off from the File the examination of Sir George Booth and his Lady Orders touching the Trinity House The Act past for the Proclamation to put the Laws in execution against Popish Priests and Recusants Hollis made Custos Rotulorum of Dorset The Act past for the Militia of London The Act of the Militia past with a clause that every Commissioner before he acted shall acknowledge and declare That the War undertaken by both Houses of Parliament in their defence against the Forces raised in the name of the late King was just and lawfull and that Magistracy and Ministry are the Ordinances of God 13. The engagement to be true and faithfull to the Commonwealth without a King or House of Lords voted to be discharged and all orders for taking it expunged Serjeant Mainard Prinne and others to see it done Vote to discharge Dr. Owen from being Dean of Christ-Church and Dr. Reynolds to be put into that place Orders for maimed Souldiers 14. An Act passed for Approbation of Ministers Vote to disable those who had assisted in the Irish Rebellion or are Papists to serve as Members of Parliament and of those who have been in the War against the Parliament to serve as Members of the next Parliament Sir George Gerrard made Chancellour of the Dutchy of Lancaster and Mr. Lechmore Attorny of the Dutchy and the Speaker Lenthall Chamberlain of Chester Serjeant Waller Chief Justice of Chester Serjeant Seys and Mr. Jones Judges of North-Wales Mr. Foxwist to judge in Chester Mr. Corbet Mr. Hoskins and Mr. Manley Judges in Wales Power to the Council of State to issue forth Proclamations as they shall find cause till the sitting of the next Parliament Monk God-Father to Lenthal's Son Monck feasted at Cloathworkers-Hall The Publick Minister of Sweden had audience at the Council of State and declared the King's Death Monk chosen M. G. of the City Forces and advised them to disarm dangerous persons and to keep Guards 15. Resolution of the House that Prizage Wines ought to to pay no customs Almost 10000 l. given to M. G. Brown secured and 20000 l. given to Monk An Act to put in suit securities taken in the Protectors name Orders touching monies The Registers Office in Chancery granted to Mr. Corbet and Mr. Goodwin the grant of it to them was vacated and the difference about that Office betwixt Mr. Walter Long and the Lady Jermin referred to Hollis and Grimstone A Bill passed giving powers to the Council of State in the intervall of Parliament Credentials from the King of Sweden and Credentials to Philip Sidney and Sir Robert Honywood to that King referred to the Council of State A Bill passed for the Courts of Justice in Ireland Order to release Lambert upon his Parole Dr. Wren discharged of his Imprisonment and the Council impowered to discharge such others as they think fit Order to stay felling woods in the L. S. John's L. Craven's Estates The Act for the Militia in England and Wales passed 16. An Act for conferring 20000 l. upon Monk read thrice this day and passed and to make him Steward and Keeper of Hampton Court. An Act past for setling Incumbents in sequestred livings A Letter from Monk about the Bill of the Militia shewing himself unsatisfied in some clauses of it but upon a message to him by some of the Members he seemed satisfied but some thought this Interposition by him too high The Act passed for dissolving this Parliament with a Proviso not to infringe the Rights of the House of Peers A Day of Humiliation appointed to seek God for a blessing upon the next Parliament The Form of the Writ agreed for Elections for the next Parliament Thus this Parliament having from this day dissolved themselves every one departed to their particular occasions 17. Several Proclamations issued by the Council for preservation of the Peace 19. Many made their Applications to the King at Brussels and some obtained good Rewards from him who never merited any thing of him others obtained Pardons 20. A Declaration from the Lord Broghill and his Officers in Ireland for a free Parliament Colonel Berry committed by the Council Haslerigge Desborough and Kelsey passed their words to the Council to submit to the Government and to be peaceable The Common-council invited the Council of State and Monk for their own Safety to reside in the City till the sitting of the Parliament but they with thanks to the City did not accept it Much sollicitation was in all parts to get to be Parliament-men 24. The French Ambassadour visited General Monk whom he found no accomplished Courtier or States-man 26. Several Elections of Parliament-men were certified fit for the intended business 30. Letters that the King of Denmark refused the Peace mediated between him and Sweden 31. Proclamations issued out by the Council in order to the preservation of the Peace Mr. Praise-God Barebones signed an Engagement to the Council of State not to act any thing in disturbance of the Peace Mr. Scot did the like and his great friend Monk began to be more
28. Divers Souldiers and Agitators apprehended in several places May 1660. 1. Sir John Greenvile of the Bed-Chamber to the King brought from Breda his Majesties Letter and Declaration to the House of Lords His message and declaration to the House of Commons His Letter and Declaration to Monk to be communicated to his Officers And His Majesties Letter and Declaration to the Lord Mayor Aldermen and Common Council of London By the Declaration The King grants a free generall pardon to all that shall lay hold of it within forty daies except such as the Parliament shall except and a liberty to tender Consciences and that none be questioned for difference of Opinion in matters of Religion which do not disturb the Peace of the Kingdom That differences and all things relating to grants sales and purchases shall be determined in Parliament and he will consent to Acts for that purpose and for satisfaction of the Arrears to Monk ' s Officers and Souldiers and they to be received into His Majesties Service and Pay These things being read in the House of Commons Mr. Luke Robinson formerly a most fierce man did now first magnifie his grace and goodness The Lords House gave thanks to Sir John Greenvile and declared That according to the ancient and fundamentall Laws of this Kingdom the Government is and ought to be by King Lords and Commons And the Lords desired that some way may be considered how to make up the Breaches and to obtain the King's return again to his people They voted a Committee to joyn with a Committee of the House of Commons to consider of an answer to His Majesties Gracious Letter and Declaration and to prepare something in order to this business The King's Letter and Declaration to the House of Commons was read and his Letter to Monk and they named a Committee to prepare an answer to the King's Letter expressing the joyfull sense of the House of His Gracious offers and their humble thanks for them with profession of their Loyalty and Duty to his Majesty and that they will give a speedy answer to His Gracious Proposals The House resolved to present 50000 l. to the King and the Committee ordered to go to the City to advance it upon security and interest and to treat about raising a further summ for the Army Order for Monk to communicate his Letter from the King to the Officers and Souldiers and to return an answer to the King which Monk did accordingly and it was received with great joy Order to enter the King's Letter in the Journall Book The Commons agreed with the Lords Vote of Government by King Lords and Commons and appointed a Committee to search the Journals what Acts or Orders there had been made inconsistent herewith An Assessment agreed of 70000 l. per mensem for three months Bonfires and ringing of Bells and great Guns fired in joy of these resolves 2. An Address to Monk from the Officers of the Army rejoycing in his Majesties offers of Indemnity of Liberty of Conscience satisfaction of Arrears and confirmation of purchases read in Parliament Dr. Clerges a Member of the House had leave to go to the King from Monk Sir John Greenvile that brought the King's Letter had the thanks of the House and 500 l. ordered for him to buy him a jewell The City had leave to send an answer to the King's Letter to them Letters that Lambert's party were all discharged and dispersed The City agreed to lend 50000 l. to the House of Commons 3. Orders touching returns of Elections The Lords agreed upon some of their Members six to be sent to the King and the Common Council of London did the like and gave 300 l. to the L. Mordant and Sir John Greenvile who brought the Letters from the King to buy each of them a Ring 4. The Commons agreed to an Order of the Lords for favour to the D. of Bucks for restoring his Estate The House gave leave to the Members of the Common Council named by them to go to the King and resolved to send twelve of their own Members to His Majesty Dr. Clerges with others went to the King with Monk's answer to the King's Letters to him and the Address of the Army 5. Orders touching returning of Elections An Opinion being discoursed abroad That the Long Parliament could not be dissolved but by themselves and the King 's and Lords consent which was not had for their dissolving and another Opinion being given out That if the Long Parliament were dissolved then the Trienniall Parliament was to take place and no other by that Act of Parliament The Commons thereupon passed a Bill for removing of disputes touching the sitting of this Parliament And they passed a Declaration for adjourning part of next Easter Term to which the Lords concurred and the Commons agreed that the E. of Manchester be one of the L. L. Commissioners for the Great Seal G. Mountague at Sea to whom the Letter to Monk was also directed from the King upon the receipt of it and of the Declaration he called together the Officers of the several Ships and communicated the Letter and Declaration to them who expressed great joy and satisfaction therein and desired Mountague to represent the same with their humble thanks to his Majesty Then Mountague fired the first Gun himself and all his Ships answered it round with loud Acclamations as their General had done crying God bless the King and the General gave two Pipes of Canary to his men 7. Order of the Common Council that at his Majesties return the new Park which Oliver had given them should be presented to the King and he assured that the City had only kept it as Stewards for his Majesty The Commons gave leave to General Mountague to return an answer to the King's Letter to him Resolved by both Houses that the King be proclaimed to morrow King of England Scotland France and Ireland and a Committee of both Houses to consider of the manner of it A Declaration against tumults and to continue Justices of Peace and other Officers in their places The King's Statue again set up in Guild-Hall and the States Armes taken down and the Kings Arms set up in their place Monk removed his Guards out of the City Collonel Salmon discharged upon security New Flags and Standards and Paintings ordered for the Ships 8. Resolved by the Commons That the King be desired to make a speedy return to his Parliament and to the exercise of his Kingly Office A Committee appointed to consider of the manner of his Majesties return and to prepare things necessary for his Reception The King was solemnly proclaimed at Westminster Hall-Gate the Lords and Commons standing bare by the Heralds whilst the Proclamation was made Then he was proclaimed in the several usual places in the City the Lord Mayor Recorder and Officers being present
Petition Another answer to the Petition of Right June 7th Dr. Lambe Votes against Bishop Neal and Laud and the Duke Remonstrance Message Remonstrance Parliament Prorogued to Octo. 20. The Duke stabbed by Felton Parliament Prorogued to Jan. 20. Merchants imprisoned for Tunnage and Poundage Felton Tunnage and Poundage Jan. 20. King's Speech Message Message for Tunnage and Poundage The Commons declaration The King's Answer Grievances Message Votes Protestation Message Members committed Parliament dissolved King's Speech Resolutions of Judges Habeas corpus Habeas corpus Habeas corpus Information in the-Star Chamber against the Members Habeas corpus The Judges perplext Members taken off Good behaviour Proceedings against Selden c. Information in the Star-chamber Information in the Kings Bench. Prohibitions Queen of Bohemia A Peace with France Prince Charls born May 29. King of Sweden Dr. Leighton stygmatized Peace with Spain King of Sweden Marquess Hambleton Papists in Ireland Earl of Essex Impropriations Huntley The High Commission Court Message to the Chief Justice The King 's express Command The Judges answer Walter dies His Opinion His Patent Lord Audley's Tryal Rea and Ramsey Appeal of Treason Judges Opinions Sir Nich. Hyde Questions to the Judges touching the Clergy Oxford Book of Sports Repair of Pauls Sir Paul Pindar The Princess Mary born Ambassador to Sweden Dr. Lamb. City of London fined Judge Whitelocke dies Abbot dies Laud made Archbishop of Canterbury Wentworth sent into Ireland King of Sweden slain Wallestein murthered Prynne's Histriomastix Prynne sent to the Tower The King's progress to Scotland October 13. the Duke of York born October 18. Masque of the Inns of Court Dr. Bastwick Bishops independent of the King Mare liberum Mare clausum Shipmoney Ambassador of Sweden slighted Noy dies Balmerino Treasurer Weston dies Sir Edw. Coke dies Spotswood A Fleet set out Lord Keeper's Speech The peace at Praguë Hollandâ—rs present Juxton made Treasurer Letters for Shipmony Laud's Visitation Northumberland Admiral Ferdinand the 2d Hampden refuses Ship-money Judges Opinion about Ship-money Croke alters his mind Arundel sent to the Emperor Burton Bastwick Pâ—yn Prince Elector defeated Sentence against Bishop of Lincoln Osbaldston Laud's Warrant Troubles in Scotland Proclamations Scot's Petition Hamilton Covenanters Answ The King's Declaration Covenanters Protest Hamilton's Proposals Declaration Covenanters protest Argile Covenanters prepare for War Calvin Whitgift's Articles Episcopacy restored The Queen mother in England Preparations for War with the Scots Arundel General Declaration The Covenanters Answer The King at York revokes several projects and Monopolies Articles of pacification The Covenanters perform not Assembly at Edenburgh Parliament Lords of the Articles The Parliament in Scotland prorogu'd Their Declaration Spanish Fleet beaten by the Dutch Prince Elector made Prisoner in France A Parliament appointed Subscriptions Coventry dies Commissioners from Scotland Loudon sent to the Tower Bagshaw's Reading A Parliament Glanvil Speaker Message from the King Sir H. Vane censured The Parliament dissolv'd Laud blam'd Convocation continues sitting Anno 1640. Tumult of Prentices Oath imposed by the Convocation Their Canons Knighthood Money Londoners discontented A Royal Army Duke of Glocester born Scots declared Rebels Conway Lesley The English worsted Wilmot Conway accused The Scots Petition The Kings Answer Demands of the Scots The Lords Petition The Kings Answer Petition of the Citizens of London The Council at York The Scotish War variously discoursed of Message to the Scots Complaint against Strafford Treaty at Rippon The Scots demands The Treaty variously censured Montross 3. Novem. a day ominous Strafford Perswaded to go to the Parliament Speech to the Parliament Petitions Pym of Grievances Lord Digby Proclamations against Papists Earl of Warwick Impeachment against Strafford Habeas Corpus Judges Crook and Whitelocke cleared Prynne and Burton Windebank Votes Committee against Strafford Alderman Pennington Votes Laud Impeacht Lord Keeper Finch His Speech Articles against Finch Petitions King's Speech Demands of the Scots yielded to Judge Berkley Triennial Parliament The Kings Speech Votes Foreign Affairs Strafford Disputes touching the tryal Undertakers Tryal of Strafford Sir Henry Vane Councel for Strafford Bill of Attainder Commons Petition The King's Answer Tumult Practices upon the Army Protestation Bill for continuing the Parliament Strafford voted guilty Letter from Strafford to the King Censures Balfour Great Officers resign their Places Discontents in the Army Officers Petition Church-Government Armagh Tonnage and Poundage granted High Commission Court Star-chamber Queen Mother dies Dr. Wren Ship-money Judges Essex Armies disbanded Parliament adjourn'd Irish Rebellion Earl of Leicester Irish Maxims Motives Owen O'Conelly Mac Mahon O Neale Votes The King's return from Scotland Speech in Parliament Proclamation Speech Parliament Petition Grievances of the Court Marshal Hyde Remonstrance Protestation Palmer Tumults Irish Oath Irish Cruelties Vote Articles against the five Members The King in the House of Commons The 〈◊〉 Speech The Spâ—â—ker The Action diversly censured Declaration Vote Tumults Bishops Protest Bishops accused of high Treason London Petition The King's Answer Petition Tumults The King removes to Hampton Court Five Members return to the House Lord Digby Lunsford Message Petition Answer Petitions Answer Bill for disabling Bishops Essex Holland Letters intercepted The Queen to Holland Pym. Militia Message Petition Skippon Petition Militia Answer Bill for Ireland Militia Petition Vote Declaration Militia Answer Vote Message Anno. 1642. Lords Report Answer Address at York Message Hull Reasons Answer Hotham Hull Messages Vote Militia Gardiner Different Opinions Declaration Scots interpose Vote Order Nineteen Propositions Commission of Array Lord Keeper Littleton Protestation at York Declaration Message Earl of Warwick Lord Willoughby Votes for an Army Petition Money rais'd Several proclaim'd Traytors Declaration Standard at Nottingham Message Answer Reply Vote Colours Hull Directions to the General Declaration Oxford King's Speech Vote Yorkshire Cornwal Edghill Fight The King at Oxford Essex An Address for Peace Petition Skippon his Speeches Turnham-green The King's Forces retreat Vote Message Petition Letters intercepted Petition Answer City Sir Hugh Cholmley Propositions for Peace Safe Conduct Treaty at Oxford Propositions The King's Propositions Massey Scots come in Lesley Ireland Richlieu dies Lewys the XIII dies Commissioners at Oxford Message Treaty breaks off Lord Brook E. Northampton Covenant Pym dies Waller Hampden Germany Swedes Henrietta Maria. Great Seal Sir W. Waller defeated Hotham Bristol taken by P. Rupert Great Seal H. Martyn Selden Earl of Kingston Cromwell Gloucester Massey Members disabled Gen. Essex Covenant Col. Potley Gloucester relieved Judge Berkley sentenced Newbery fight Lord Falkland Covenant General Essex Sir Philip Stapleton Pasquils Laud. Ormond Poole Dr. Featly Sir Nic. Crispe French Embassadour Manchester Ministers French Embassador Proclamations Commissioners for Scotland Great Seal Laud his Tryal Earl of Holland Col. Rigby Covenant Answer to Fr. Embassadour C. Mostyn Great Seal Fr. Embassadour Scotland Waller Great Seal Irish Proposals Indictment of H. Treason G. Essex Gr. Seal D. Hamilton C. Hutchinson Scots Army Parliament at Oxford Proclamations Plot. Letter intercepted Goring