a Name If ought of that Nature happen amongst the infinite Particulars wherewith this Volume is charged it must be Noted without any Imputation either to the Intelligence or to the Integrity of our Author this being a Posthumous Work and as has been said never by him intended for the Publick MEMORIALS OF THE ENGLISH AFFAIRS During the REIGN of King Charles the First Anno 1625 Car. I KING Charles the First succeeded his Father King James Immediately after whose death the Privy Council met and drew up the Form of a Proclamation to proclaim King Charles which was forthwith published at Theobalds where the King dyed and in London by the Nobility Privy Councellors Gentry Lord Mayor and Aldermen in great Solemnity and so it was in all places with great Acclamations and testimonies of Joy from all sorts of People By advice of the Council a Commission was granted to authorize the Great Seal Privy Seal and Signet till new ones could be prepared And Commissions for authorizing of Judges Justices of Peace Sheriffs and all other Officers for Government with a Proclamation for that purpose because their Powers ceased by the King's death and the like was for Scotland and Ireland King James's Body was buried with due Solemnity at Westminster his Son King Charles though not usual was present at the Funerals The Duke of Buckingham was received by the King into an admired Intimacy and Dearness General Musters are in all Counties and 12000 Soldiers levied Coat and Conduct Money ordered to be disbursed by the Countrey and they to be paid again out of the Exchequer these were for the Palatinat and a Commission granted for Martial Law to keep the Soldiers in the better Discipline These Points of Coat and Conduct Money and Martial Law occasion'd frequent and great Debates amongst the Judges and other learned men The Espousals of our King with the King of France's Sister were made in Paris by Cardinal Richelieu and with the highest State Feasting and Bravery that could be Buckingham was sent into France to conduct the Queen hither A Navy Royal sent to Bullen to waft her over Sea she arrives at Dover where the King met her And with great expressions of affection and rejoicing by himself and all his Subjects she is received and safely came to London Some extraordinary Ceremonies and Solemnities were omitted by reason of the Plague then increasing All the Judges were sent for by the Lord Keeper Williams who told them That the King desired to change his stile and to use the stile of King of Great Britain as well in all Legal Acts and Proceedings as in Acts of State and other indifferent Acts. And he prayed the Judges to consider of it and to certifie him how it might be done They all met consulted and agreed that it could not be done which they certified the Keeper and that all the Judges of England being ask'd their opinions concerning this Point in the first Parliament of King James they answered una voce that it could not be done and Lords and Commons were likewise of the same judgment The Parliament met at Westminster the King made a Speech to them touching the War of the Palatinat wherein the last Parliament had engaged his Father and which was of necessity to be prosecuted and supplied and he urged his great wants and charges And then the Lord Keeper enlarged upon the same The Commons pressed upon the Grievances not redressed and to have an account of the last Subsidies others were for Execution of the Laws against Papists and the questioning Mr. Mountague for his Book Appello Caesarem contrived to put a Jealousie between the King and his Subjects and to encourage Popery Others praised the King and said That no Grievances had been yet in his Reign and they were only for a Petition for Religion and that Religion and Subsidies might go hand in hand together After a Fast both Houses Petitioned the King concerning Religion and against Recusants which was answered hopefully Mountague was brought to the Bar of the House of Commons for his Book the Arminian Party take in with him The House voted his Book contrary to the Articles of Religion tending to the Dishonour of the King and Disturbance of the Church and State The King owned Mountague as his Chaplain The Commons not pleased therewith yet Voted to give the King two Subsidies for which the King thanks them by a Message and yet informs them that the Necessities of the present Affairs were not therein satisfied but requires their further counsels and now he sent a full Answer to the Petition of Religion By reason of the Plague increasing the Parliament was adjourned to Oxford The Vantguard and seven other English Ships were lent to the King of France and employed against Rochel the Mariners refused the Service Buckingham was acquainted with it but not the Body of the Council The Protestants of France sollicit our King against it but he expresly commands the Vice-Admiral Pennington to do it the which he obeyed The Parliament Re-assembled at Oxford whither this News of the Ships came and exasperated many of them especially against the Duke They insist upon the Grievances Mountague is summoned his Cause by some of the Bishops is recommended to the Duke and they say That if the Church be once brought down below Herself even Majesty it self will soon be impeached and they say that King James approved Mountague's Opinions But others differed from them The King again speaks to the Two Houses of Parliament touching the War in which they engaged his Father for the Palatinat and the Breach with Spain then by his command the Lord Conway and Sir John Cooke declar'd to the Houses more particularly the present state of Affairs in Germany France the Low-Countries Sueden and other Kingdoms they computed the charge of the War to 700 000 l. a year besides the Navy and Ireland The Treasurer also acquainted them with the King's Debts for Denmark the Palatinat his Father's Funeral his own Marriage in all 300 000 l. Yet the Commons were unsatisfied some said That thing 's were improvidently managed and by contrary designs that it was not usual to give Subsidies upon Subsidies in one Parliament and no Grievances redressed that great Sums of Money were given for places that the time of the year was too far spent for the Navy to go forth that it should be enquired whether the Duke brake not the Match with Spain out of spleen to Olivarez and whether he made not the Match with France upon harder terms To these and many other things of the like nature the Duke made a handsom and plausible Answer to both Houses and gave them account of the Fleet much variety of opinion was in the House of Commons in debate hereof The King sends a Message to quicken them They answer him with a general Declaration And the King perceiving the Commons resolved
Missive from the Lord Keeper signifying his Majesties Pleasure that he should forbear coming to the Parliament which how far it might Trench upon the Liberty and Safety of the Peers was too high a Point for him but he submits it to the Lords and Prays that he may Answer for himself and sends with his Petition a Copy of the Lord Keepers Letter and his Answer to it Hereupon the Lord Keeper delivered a Message to the Lords from the King Accusing Bristol of undutifulness disrespect and Scandal to the King and desires he may be sent for as a Delinquent to answer his Offences in Spain and since and for Scandalizing the Duke The Martial of Middlesex by Petition showed to the Commons That he by Warrant searched in the Clink Prison and was resisted but found there Four Priests and their Altars Crucifixes Books Papers c. That the Priests giving notice hereof to the Archbishop before they had done a Warrant came from the Arch-bishop and Mr. Attourney that they should not search any further nor remove any thing from thence The Arch-bishop said That the searching for those Priests was a Design of the Jesuits to take the Priests and send them to Rome to be put to Death for Writing in Defence of the Oath of Allegiance The Commons caused every Member of their House in his Place to make a particular Protestation Whether they heard Mr. Coke speak the Words charged upon him or not And every one denyed the hearing of those Words spoken by Mr. Coke After which the Commons presented a Remonstrance to the King in Answer to his and the Lord Keepers Speech denying the Words to be spoken by Mr. Coke and excusing Dr. Turner and avowing their Proceedings against the Duke or any other Subject and Pray the King not to give Ear to Officious Reports of private Persons for their own Ends. The King Chargeth the Bishops in the Case of the Duke and Bristol to follow only Proofs and not Rumours The Commons sent to the Duke That they were passing of Articles against him to which he might Answer if he pleased but he acquainting the Lords therewith they would not permit it Bristol was brought to the Bar by the Lords Order and Articles Exhibited against him of High-Treason and other Crimes in the Name of the Attorney General I. That he Traiterously assured King James That the Emperour and King of Spain would restore the Palatinate and that the King of Spain would consent to the Match with our Prince which they never intended and that was known to Bristol who delayed the Treaty II. He did not Execute the Commands of the King nor put the King of Spain to a punctual Answer to the detriment of our King and his Allies III. That he perswaded King James not to break with Spain IV. That he said he cared not what the Success of the Treaty would be but he would make his Fortune thereby V. That he intended to Introduce Popery here and perswaded King James to grant a Tolleration thereof VI. That he occasioned the Princes Journey into Spain to his great hazard VII That in Spain he perswaded the Prince to change his Religion Anno 1626 VIII To the same purpose IX That he perswaded that the Prince Electors eldest Son should be bred up in the Emperours Court. X. That he would have dispatched the Disponsaries notwithstanding the Princes Commands to the contrary if Extraordinary diligence had not prevented it XI His Contemptuous and Scandalous Petition to the Lords House After this Bristol presented Articles against the Duke which were received and Mr. Atturney being asked by the Earl for a Relator said That the King had Commanded it Bristol replyed That he would not contend with his Soveraign but that it might be of dangerous Consequence If the King should be Accuser Judge Witnesses and have the Confiscation He desires that the Lord Conway might not meddle and that he might have the use of certain Papers which was granted him After which he proceeded to a large Declaration of the whole business between the Duke and him and laid it home upon the Duke with an implication that shortly after the probability of his being restored to King James his Favour the King sickned and Dyed having suffered much and to his dying Day Reputed and said That Bristol was an honest man Then he set forth the business of his Writ and the Prohibition of him to Sit and that after he had Accused the Duke the Articles of High Treason were Exhibited against him yet the Duke is in Favour and Sits as a Peer and he is a Prisoner The Articles Preferred by Bristol against the Duke were I. That he Plotted with Gondimer to bring the Prince into Spain to change his Religion II. That Porter was sent into Spain for this End III. That in Spain The Duke absented from Service in Bristols House and frequented the Popish Service and Adored their Sacrament and conformed to their Rites IV. That he procured King James to Write a Letter to the Pope for the Dispensation and to stile him Sanctissime Pater V. That the Pope sent a Bull to the Duke to incourage him in the perversion of the Prince VI. That by his behaviour in Spain he so incensed that King and his Ministers as they would admit of no dealing with him and that he brake that Match out of his particular Ends and Indignation VII That he made use of the Princes Letters to his own Ends and concealed divers great things from him VIII That as he had abused the King so he abused both Houses by a sinister Relation of those Affairs Car. 2 IX The Scandal of his Personal Behaviour in Spain and procuring favours for unworthy persons there for hire of his Lust X. That he hath been the great Cause of the Ruine of the Prince Palatine XI That he had wrong'd Bristol in his Relations to the Parliament in his honour and Liberty XII That Bristol revealed these Matters to the late King who said he would hear him against the Duke which the Duke heard and not long after the King Sickn'd and Died. The Earl also Exhibited divers Articles against the Lord Conway as the Dukes Creature and unfit to be one of his Judges and the particular injuries he did to Bristol The Lords did not Commit the Earl and Ordered the Articles against him to be First heard and then his against the Duke yet saving his Testimony against the Duke The King took in highly with the Duke and would have removed the Earl from the Lords House into the Kings Bench but the Lords would not permit it In this Parliament were several Resolutions touching Tryals there which are faithfully Collected by Rushworth pag. 271 272. They Ordered That no Peer should have above Two Proxies Bristol delivered in his Answer to the Charge against him and made a Speech of Introduction to clear the Objections of his ill Affection to Religion and his too
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
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
several persons of the great prejudice and wrong to the Subject by the illegal Proceedings of the Court-Marshal and the supercilious magisterial and illegal exercise of Earl-Marshal by the Earl of Arundel Hyde Palmer Maynard Whitelocke and others had Conference about it and resolved to put it on in the House of Commons Hyde spake to it smartly and ingeniously He called those Proceedings A piece of Pageantry shewed the illegallity of them and the vexation to the Subject by attendance and expence many times for a hasty word whereof the Law of England takes no notice nor gives any Action for them Yet in this Court people are summoned and wait and are wrongfully treated Anno 1641 And he moved the House to declare their sense of these proceedings he was seconded in this Motion and the House voted The Court and their Proceedings to be illegal and a Grievance And Mr. Hyde gained credit by it The Marquesses Hamilton and Argyle withdrew from the Parliament in Scotland upon jealousie of some Design against their Persons but upon examination of that Matter by the Parliament there it was found to be a misinformation yet the same took fire in our Parliament upon the like surmises of some whereupon the Parliament here appointed Guards for London and Westminster and some spake not without reflection upon the King himself The House of Commons prepared a Remonstrance of the State of the Kingdom wherein they mentioned all the mistakes misfortunes illegallities and defaults in Government since the King 's coming to the Crown the evil Counsels and Counsellors and a malignant Party that they have no hopes of settling the Distractions of this Kingdom for want of a Concurrence with the Lords This Remonstrance was somewhat roughly penned both for the matter and expressions in it and met with great oppositions in the House insomuch as the Debate of it lasted from Three a Clock in the Afternoon till Ten a Clock the next Morning and the sitting up all Night caused many through weakness or weariness to leave the House and Sir B. R. to compare it to the Verdict of a starved Jury When the Vote was carried though not by many to pass the Remonstrance Mr. Palmer and two or three more made their Protestation against this Remonstrance At which those who were for the Remonstrance spake sharply against this Protestation as a thing directly against the Order and Privilege of the House of Commons and tending to the frustrating of all their Proceedings And it was strongly moved and seconded and carried upon the question That Mr. Palmer and those who had made their Protestation against the Vote for the Remonstrance might be sent to the Tower which was done the next day But after a few days and some Expences extraordinary upon his Petition he was released and took his place again in the House as formerly This Remonstrance was presently Printed and Published by the Parliament contrary to the King's desire and before his Answer made to it which came forth shortly after to all the Heads of the Remonstrance and a little after that the King caused to be Printed and Published his Declaration in Answer to the Remonstrance of the Parliament During this time and taking opportunity from these Differences betwixt the King and Parliament divers of the City of the meaner sort came in great Numbers and Tumults to Whitehall where with many unseemly and insolent Words and Actions they incensed the King and went from thence in like posture to Westminster behaving themselves with extream rudeness towards some of the Members of both Houses This caused the King to send to the Lord Mayor to call a Common-Council to receive his Majestie 's Pleasure which was sent to them touching the late riotous Assemblies about his Palaces of White-Hall and Westminster and to command their care to prevent the like especially in the ensuing Holy-days and calls them The unruly people of the Suburbs but is assured of the Affections of the Citizens and wishes them to take care not to be disturbed by Fears and Jealousies During these Distractions in England the Affairs of Ireland lay miserably bleeding the Lords of the Pale refused to come into the Council upon their Summons but joyning with the other Rebels form an Army of Twenty thousand besides Brigades in several Provinces The Scots propounded to send into Ireland Ten thousand of their Country-men upon some conditions but nothing was effected in it Tredah was besieged by the Rebels by Sea and Land they style themselves the Catholick Army Three thousand of them were defeated by a Party sallying out of the Town The Prisoners taken by the English were well used and pampered by the Popish-women in the Town The English whom the Rebels took were crowded into Dungeons fed with Garbages and Offals without Salt or Fire and almost starved seldom any of them recovered The Rebels sent a Fryar their Ambassadour into the Town to demand no less than the absolute surrender of it for his Majestie 's use and service which being with scorn denied by the Governour the Fryar gave him a Copy of the Oath which he said the Catholicks had taken To maintain with their Lives and Fortunes the Exercise of the Roman Catholick Religion To be faithful to the King and to bring to punishment all such as should do any thing contrary to this Oath The Governour hereupon framed an Oath to be taken by the Souldiers and Towns-men To defend the Town to discover any Plot and not to consent to deliver up the Town Which Oath the Mayor and Aldermen of the Town and others refused to take The Souldiers from the Town made several Sallies upon the Rebels and slew and took many of them but their Victual grew scarce nothing but Herrings and Water without any Bread the Cows killed Firing and Horse-meat all spent Sickness Famine and Death raged Some relief it pleased God to send to the Town by Sea and then the Rebels by treachery of the Towns-men had a Design which they attempted to Surprize the Town but by the Care and Courage of Tichborn the Governour and those with him it was prevented The Rebels Storming the Town were repulsed they in other places executed horrid Tortures upon the English they murthered the Lord Cautfield basely hanged one Blaney tortured a Woman to force her to hear Mass drowned many hundreds Men Women and innocent Children in the Rivers some they sent to Sea in a rotten Vessel without any Sails or Rudder to be cast away and great Numbers of the English after they had done all Drudgeries for the Rebels in hopes of mercy had all their Throats cut by them and with some of them the execrable Villains and Monsters would make themselves pastime and sport before their death trying who could hack deepest into the English-mens flesh and so with the highest torture and cruelty mangled them to death But their Inhumanities to both Sexes and all Ages are
Holland to the King are intercepted whereby Notice is given him of store of Ammunition and Money sent to him from thence and of an Embassadour coming from Denmark to the King and Colonel Cockeram with him The Earl of New Castle in the North hath great Forces for the King and overpowred the Lord Fairfax Norfolk Suffolk Essex Hertford Cambridge and Ely associate under the Lord Grey of Warke for the Parliament Winchester and Chester are gained by the Parliaments Forces Goring lands with the Queen's Standard and store of Officers and Ammunition from Holland and joyns with New Castle The City of London petition the King professing their grief for his distrust of them and their loyalty to him he answers that he hath a good opinion of many of them and could willingly pardon all except Pennington Ven Fowke and Manwaring and he threatens such as shall continue to assist his Adversaries The City were put in heart again by the Speeches of Mr. Rym and the Committee of Parliament to their Common Council of the Houses love to the City and resolution to live and die in their defence In the North the Parliaments Forces prevail again Sir Hugh Cholmley defeats some of the Enemies at Malton and Jan. 16. he and Sir Matthew Bointon at Gisborough rout a party of 600 killed many took 15 Prisoners whereof their Commander Slingsby was one and 200 Arms. Sir Thomas Fairfax carries Leeds and took there four Colours 500 Prisoners with much Arms and Ammunition then Wakefield and Doncaster yield themselves to the Parliament The Earl of New Castle draws down his Forces towards York to prepare for the Queen's entertainment and proclaims the Lord Fairfax and Sir Thomas Fairfax his Son Traytors and the Parliament did the like for the Earl The Parliament resolved to send some Propositions to the King and named their Commissioners two of the House of Lords and four of the House of Commons to present their Propositions to His Majesty The Lords were the Earl of Northumberland and the Lord Say the King refused to grant a safe conduct for the Lord Say because he had been proclaimed by him to be a Traitor so another was put in and four Lords and eight Commoners named to carry the Propositions to the King and January 28. the King granted his safe Conduct for them to come to him which was in this form CHARLES REX Our will and pleasure is and we do hereby streightly charge and command all the Officers and Souldiers of our present Army and all our Ministers and Subjects whatsoever to permit and suffer our Right Trusty and Right well beloved Cosins and Counsellors Algernoon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury and Henry Earl of Holland Our right trusty and right well beloved Thomas Viscount Weenman and Richard Viscount Dungarnon and our trusty and well beloved Sir John Holland and Sir William Litton Knights William Pierpoint Bulstrode Whitelocke Edmund Waller and Richard Winwood Esquires together with their Servants to pass and repass to and from us they being sent to tender us Propositions from our two Houses of Parliament This our safe Conduct under our Sign Manual and Privy Signet we charge and command them and every of them punctually to observe and obey as they will answer the contrary at their utmost perils Given at our Court at Oxford the 28. day of January 1642. After this safe Conduct sent from the King the Parliament Commissioners took their Journey to Oxford the Commissioners were admitted by the Lords two with each Lord in their Coaches which were with six gallant Horses in every Coach and a great number of their Servants on Horse back to attend them In this Equipage they came to Oxford where the Governour assigned them their quarters They had their first access to the King in the Garden of Christ Church where he was walking with the Prince and divers of the Lords attending him All of them kissed his hand not as they were ranked in the safe Conduct but according to their several degrees Mr. Pierpoint before the Knights he being an Earls Son and Mr. Winwood before Mr. Whitelocke he being the eldest Knights Son and Mr. Waller was the last The King said to him though you are the last yet you are not the worst nor the least in my favour The discovery of a Plot then in hand in London to betray the Parliament wherein Mr. Waller was ingaged with Challoner Tomkins and others which was then in agitation did manifest the King's Courtship to Mr. Waller to be for that Service After they had all kissed the King's Hand the Prince gave them his Hand to kiss The Earl of Northumberland read the Propositions to the King with a sober and stout carriage and being interrupted by the King he said smartly Your Majesty will give me leave to proceed the King answered I I and so the Earl read them all through The Heads of the Parliaments Propositions to the King were To disband his Army and return to his Parliament leave Delinquents to Trial and Papists to be disarmed To pass a Bill for abolishing Bishops c. and such other Bills as should be presented for Reformation Recusants to abjure Papacy to remove malignant Counsellors to settle the Militia as the Parliament desired to prefer to Offices such as the Parliament should name to take in all that were put out of Commissions of the Peace A Bill to vindicate the Lord Kimbolton and five Members to enter into Alliance for the Palatinate to grant a general Pardon excepting New Castle Digby and others To restore Parliament Members to their Offices and to restore their losses On the other side the King proposed That his Revenue Magazins Towns Ships and Forts be restored That what hath been done contrary to Law and the King 's Right may be recalled That all illegal power claimed or acted by Orders of Parliament be disclaimed As the King will consent to the execution of all Laws concerning Popery or Reformation so he desires a Bill for preserving the Book of Common Prayer against Sectaries that all persons excepted against in the Treaty may be tried per pares with a cessation of Arms and for a free Trade Thus way was made for a Treaty but nothing further done in it till 4. Martii after The Queen landed with Officers Money and Ammunition in the North and is conveyed to York where she forms an Army Massey attempting to storm Sudely Castle was beaten off he possesseth the Garden fires much Hay and Straw and under the smoak thereof planted his Ordnance so advantageously against it that the besieged rendred it upon quarter leaving their Arms behind A few days after Prince Rupert with 4000 Horse and Foot marcheth by it to Cirencester where the Magazine of the County lay this he took putting the Earl of Stamford's Regiment and many others to the sword took
appointed for the two Ministers to attend the Commoners Sir Peter Killegrew was sent with the Letters to the King and was to bring back a List of the King's Commissioners for the Treaty and of their Attendants An Ordinance read and referred to a Committee of the whole House for laying the Assessment for the Armies upon the several Counties They appointed a day to consider of the business of Dunnington Castle and the Earl of Manchester The Lord Savile Earl of Sussex the Lord Piercy and the Lord Andover were consined at Oxford The business of Dunnington Castle and of the Earl of Manchester was taken into consideration and a weeks time given for the Earl to be heard therein if he please An affront done to the Commissioners of Excise in Lancashire was referred to examination and the House resolved to be severe in upholding the power of the Commissioners The Sergeant at Arms was sent to apprehend one as a Delinquent for serving of a Sub poena upon a Member of the House of Commons Goring with his forces coming before Christ-church were beaten back by Major Lower and many of them killed The Commons proceeded in the business of the new Model of the Army and nominated Sir Tho. Fairfax to command in chief and Colonel Middleton Holborn Fortescue and Barkley tobe four of the Colonels Then they appointed a Committee to consider what honour should be conferred on the Earl of Essex for his fidelity and good services to the publick the like for Sir William Belfour and to settle the payment of their Arrears to such as should not be employed in the new establishment The Commons proceeded upon the Ordinance for the new Assesment Colonel Lambert was ordered to speed down into the North to take care of the forces there he being Commissary General of the Lord Fairfax his Army when Sir Thomas Fairfax should come up Colonel Holborn took in the King's Garrison at Sydenham-house and therein about 100 Prisoners and the High Sheriff of Somersetshire and ten Commissioners of Array and after that he fell upon the Lord Hopton's forces going to joyn with Greenvile took some hundreds of them and drove the rest to Bristol The King made Prince Maurice General of Worcester Hereford and Shropshire and some of his forces began to fortifie Cambden-house Letters from Secretary Nicholas intercepted gave no hopes of Peace upon the intended Treaty Sir Peter Killegrew returned from Oxford with the King's Answer concerning the Treaty and the names of the King's Commissioners with a Safe Conduct and Propositions from the King to be treated on The Safe Conduct was inclosed in a Letter from P. Rupert to the Earl of Essex and was to this effect CHARLES REX Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To our Generals Lieutenants General Commanders in Chief Generals of Towns Colonels Lieutenants Colonels Captains Officers and Souldiers belonging to any of our Armies or Garrisons and to all other our Ministers and loving Subjects to whom these presents shall come Greeting Our Pleasure and Command is that every of you permit and suffer that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Bazil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierpoint Sir Henry Vane Junior Oliver St. John Bulstrode Whitelocke John Crew Edmond Prideaux for the Lords and Commons assembled in Parliament of England at Westminster and John Earl of Loudoun Lord Chancellour of Scotland Archibald Marquess of Argile John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir Jo. Smith Mr. Hugh Kenedy and Mr. Robert Berkley for the Estates of the Parliament of Scotland together with Mr. Alexander Henderson and their Retinue mentioned in a List annexed together with the Retinue of the Scottish Commissioners not exceeding in all the number of 108 persons together with their Horses Coaches and all other Accommodations for their Journey may repair to Uxbridge from London stay there and return at their pleasure and that they and any of them be permitted freely and as often as they shall please to go themselves or send any of their Retinue to and from Uxbridge and London without any let hinderance interruption or molestation whatsoever and to these our Commands we require your due obedience as you tender our service and will answer the contrary at your utmost perils Given under our Signet at our Court at Oxford the 21. day of January 1644. By His Majestie 's Command Edw. Nicholas The King's Propositions were Signed likewise Edw. Nicholas The Names of the King's Commissioners appointed for the Treaty for whom Prince Rupert desired a Safe Conduct from the Parliament were these The Duke of Richmond Marquess Hertford Earl of Southampton Earl of Kingston Earl of Chichester Lord Seymour Lord Hatton Lord Capel Lord Culpepper Sir Orlando Bridgman Sir Edward Nicholas Secretary Sir Edward Hyde Sir Richard Lane Sir Thomas Gardiner Mr. John Ashburnham Mr. Geoffrey Palmer with Dr. Stewart Dr. Laney Dr. Shelden and their Attendants in all to the number of 108. They were to meet with the Parliaments Commissioners on Wednesday the 29. of January at Vxbridge upon the Treaty for Peace The States Ambassadours were satisfied with the Answer of the Parliament to their Papers and said they would acquaint the States therewith expressing their good affections to the Parliament The Commons in a grand Committee further debated the Ordinance for new Modelling the Army and inserted therein the names of Sir Thomas Fairfax and of Major General Skippon They proceeded upon the Directory for Church Government and voted that several Congregations be under one Classis and that the Church be governed by Congregational Classical Synodical Assemblies and that there shall be one at least in every particular Congregation to labour in the word and doctrine Both Houses referred the Papers of the Treaty to the Committee of both Kingdoms to consider what is fit to be done and ordered that the Ministers in their several Congregations on the next Wednesday the day of the publick Fast and of the beginning of the Treaty should pray to God for his blessing upon it Both Houses ordered that the Lord Macquire should come to his Trial in the King 's Bench. A difference was between the two Houses touching the Safe Conduct for the King's Commissioners the Committee of both Kingdoms having altered some of their Titles given them by the King since the Great Seal was carried away from the Parliament as the Earl of Chichester they called Lord Dunsmore Lord Culpepper Sir John Culpepper Lord Hatton Sir Christopher Hatton and the new made Knights they called Mr. Hyde Mr. Lane and Mr. Bridgeman The Lords gave their Reasons why the new Titles should be given in the Safe Conduct the Commons gave Reasons against it as contrary to one of their Propositions and at length the Titles were agreed to be
sent out to drive Goring farther into Cornwall and that Plymouth was in good Condition November 1645. Novem. 1. An Ordinance pass'd concerning the Composition for Fines in the Court of Wards for signing of Bâ—â—â—s and passing them under the great Seal An Ordinance for the Government of Bristol sent up to the Lords The House approved of Sir Anthony-Ashly-Cooper to be high-Sheriff of Norfolk and of other Sheriffs Letters from Col. Rossiter with one inclosed from Prince Rupert desiring Passes for him and his Brother and the rest before-mentioned to come to London and from thence to go beyond Sea ingaging their Honours never to return to take up Arms against the Parliament Upon debate thereof and the Report from the Committee of both Kingdoms Who thought this fit to be done Ordered that Colonel Rossiter should grant them Passes accordingly Letters to the Scots Commissioners informed that the Lord Digby and Langdale with eight hundred Horse advancing towards Scotland to joyn with Montross were fallen upon at Carlile Sands by a party of the Scots Forces under Sir John Brown who though less in number after a sharp dispute routed Digby's Party killed an hundred on the place took two hundred of their Horses divers Officers three Colours and many Prisoners dispersed the whole Party and Digby and Langdale fled into the Isle of Man 3. The Form of a Pardon for Delinquents sent up to the Lords Order touching their Compositions Order about a Convoy for a Spanish Don to be transported into Flanders Orders for raising Moneys and for the Lord Buck-hurst to have the fifth part of the Earl of Dorset his Fathers Estate Other Letters taken in the Lord Digby's Cabinet at Sherbourne were read touching persons imployed to get Foraign Forces to assist the King Intelligence that many of the Kings Forces came in to Sir Thomas Fairfax And that since the defeat of the Lord Digby at Carlile-Sands some of his scattered Forces were met with near Dumfrize in Scotland where Sr. John Browne took an hundred more of them Col. Briggs took two hundred of them about Beeston Castle and M. G. Vaâ—â—â—uske took an hundred and eighty more of them in Westmerland Debate in the House touching propositions for Peace Orders to prevent transporting of Irish Rebels to assist the King here and for Money for the Forces before Dunnington Letters from Col. Mitton Col. Jones and Col. Louthaine informed that one thousand seven hundred Horse and seven hundred Foot under Sir William Vaughan designing to relieve Chester the Council of War of the Besiegers ordered to draw forth a Party to meet them before they came near Chester That one thousand four hundred horse under Col. Jones and a thousand Foot under Louthaine all commanded by Mitton yet leaving the Works manned before Chester marched to the Kings Party near Denbigh and after several hot Ingagements routed Vaughans Party took about five hundred Horse and four hundred Foot slew above an hundred and pursued them six miles not above an hundred of them left together That M. G. Langherne had taken in Aberathwait a strong Garrison of the Kings in Cardigan-shire and in it two pieces of Ordnance store of Arms and Ammunition The House gave fifty pounds to the Messenger of this good News and ordered a Letter of thanks to Col. Mitton and the rest for their good Service 5. The day of thanksgiving for 〈◊〉 deliverance from the Gun-powder-Treason was solemnly kept Sir T. F. By reason of the bad weather and want of Provisions drew off his Forces to a farther distance from Exeter but still continued blocking up of the City Letters from M. G. Pointz informed the taking of Shelford Mannor near Newarke and the Earl of Chester-fields house The Garrison within were very resolute refusing Summons and Quarter so that of two hundred the greatest part were slain and the Governor the Earl of Chester-fields Son wounded there were taken four Colours of Horse two of Foot store of Arms and Provisions 6. The grand Committee sate about Propositions for Peace Debate in the House about regulating the University of Cambridge Order for Money for Abbington Garrison Colonel Dalbier marched with the Forces of the three Counties to meet with the Hampshire Forces at Newberry for the Besieging of Dunnington Castle Intelligence came that the King by night got out of Newarke and was come to Oxford Mr. Fountain and Mr. Scot brought Col. Fleet-wood one of the new Knights of Bucks into the House with great Triumph though the Election was but yesterday 7. Order for Sussex to send a Troop of Horse to Abbington and for allowances for Preaching Ministers in Glocester A Petition from Bucks against the Election of their new Knights as not free by reason of the Garrisons in that County and other obstructions and passages referred to a Committee The Lord Cromwell revolted from the King to the Parliament and was by the Lords committed to the black Rod. Letters from Scotland informed that Montross keeps the Monntains and that L. G. Lesley returned from Scotland to New-Castle 8. debate upon a Declaration touching matters of the Church Musgraves Petition Referred An Ordinance debated touching stipends for the Officers and Attendants on the Kings and Princes Housholds The Grand Committee sate in the afternoon about the East-India Company 10. Debate of a Declaration from the Assembly touching Church-Government The Pass agreed upon for Prince Rupert and the rest of the Commanders who desired with him to go beyond Seas Sir John Burlaces Composition agreed and three hundred pound of his Fine assigned for the Garrison of Abbington and the Fine of the Lord Downes also Order for a new Election for Hampshire Order to take off the Fine formerly imposed by the Star Chamber upon L. C. Lilburne and for the Arrears due to him to be audited The Ordinance pass'd for Ordination of Ministers The Lord Wharton and other Commissioners returned from Berwick The Commissioners of Excise were perswaded to advance ten thousand pound for M. G. Browne 11. The grand Committee sat about Propositions for Peace The House voted that L. Col. Bulstrode should be Governor of Aylsbury Bolton Castle the Lord Scroops House in York-shire was surrendred to the Parliament upon Articles and in it store of Ammunition and Provisions 12. The Commissioners who treated with the Scots about surrendring the Garrisons in their Possession in England had the thanks of the House for their good Service The House voted to insist upon this demand and that a Letter be sent to the Parliament of Scotland from both Houses here for this purpose Orders for Money and supplys for the Scots Army intending to sit down before Newarke Order for a new Election in Surrey Letters informed the taking of Worton house upon Articles and that Welberke house was agreed to be slighted upon condition of slighting of Tickhil Castle and Belvoir by the Parliaments Forces Dalbier was at Aldermaston and forbore to sit down before Dennington Castle till
Rebels Horse fell to the Sword pell mell and beat them among the Divisions of their own Foot and routed them Which Lievetenant Colonel Sanderson with the Foot recovered and Sir Francis Hamilton coming with his Troop of Horse they had the Execution of the Rebels for five miles their Foot taking flight upon the giving ground of their Horse In the flight and pursuit their Commander and President of that Province the titular Arch-Bishop of Tuam was slain The Parliament took an hundred and fifty of their Horse with Pistols all their Baggage Tents and Ammunition two Waggons with rich Spoil and Money in them they took several of the Rebels Standards and Colours twenty four Drums and Officers of note forty eight two hundred of their men killed but Plunder prevented further Execution But one of the English killed some men and horses hurt With the Arch-Bishops Carriages they took several Letters and Papers Notes and Instructions from the Pope and matters relating to the King and many of the great men of Ireland and to the carrying of the War there Letters to the Speaker certified that Sir Thomas Fairfax Marched near the Kings Forces and ordered Sir Hardress Waller to amuze them near Okehampton whilst L. G. Cromwell was designed with one Regiment of Horse and two of Foot to fall upon them who after a March of fourteen miles about six a clock at night fell upon three Regiments of their Horse at Bovey of the Lord Wentworths Brigade took four hundred Horse five Colours and many Prisoners some of Quality 13. The Answer passed both Houses to the Kings last Letters concerning Peace and ordered to be sent forthwith to his Majesty by a Trumpet This resolution of the Parliament against a Personal Treaty was not liked by divers who expressed their discontent at it and it brake out farther afterwards A Committee named to draw a Letter to Prince Charles forthwith to disband his Army Reference to the Committee of the West of the Differences in Somerset-shire concerning the Election of a new Knight of that Shire Debate of Ordinances touching the Excise A Conference with the Lords about the Ordinances for Martial Law in London for continuance of the Committee of the Army and Treasurers at War and that no Delinquent should wear a Sword or other weapon of War in London 14. The two Houses at St. Martins in the Fields and the Lord Mayor and Aldermen kept a Solemn Fast Letters informed that in the late action at Bovey they took seven Colours of Horse whereof one was the Kings that some of their chief Officers being in a house shut the doors and threw out at the Window about ten pound in Silver which the Foot-Soldiers were so busie to get that in the mean time the Officers escaped That the Parliaments Foot took twenty Horse and nine Prisoners at Ashburton and then quitted the pass to Totness 15. The Ordinance pass'd for continuance of the Committee of the Army and Treasurers at War and several Ordinances for Martial Law in the Garrisons of Glocester and Hereford Another for the several Committees to punish Soldiers that run away from their Colours by Martial Law Another sent up to the Lords for Martial Law for Col. Jephsons Regiment Ordinances debated for five pound a Week allowance for the Marquess of Winton and an Impeachment ordered against him of Treason for levying War against the Parliament A Petition from the Lord Mayor Aldermen and Common-Council of London for the speedy Settlement of Church-Government referred to a Committee and thanks given to the Petitioners Debate of the Irish Affairs and dispatch of Col. Jephson with his Regiment thither Preparations of Forces in Oxford for the Relief of Chester and Col. Whaley is attending their Motions Letters from Scotland informed that Montrosse was beaten from the Siege of Anderness by the Earl of Sleford that after a sharp fight two hundred of Montross's men were slain and his whole Party consisting of two thousand routed and pursued to the Mountains divers of note slain many Prisoners Arms and Ammunition taken A Petition from the Lord Mayor Aldermen and Common-Council of London to the House of Peers desiring the speedy setling of Church-Government according to the Covenant That no Toleration be granted of Popery Prelacy Superstition Heresie Schisme Prophaneness or any thing contrary to sound Doctrine and that all private Meetings contrary to the Covenant may be restrained The Lords Answered complementing the City and thanking them for their care and zeal for Gods Worship and assured them as they had been so should they continue ready to advance so good a work whereto they held themselves obliged by the Covenant and they recommend it to the City to suppress such unlawful courses as are by them mentioned in their Petition Debate in the House of Commons about the business of the Church A Letter from Sir Tho. Glemham Governor of Oxford and therein another from the King to both Houses much to the same effect as his former for a Treaty to which he complained that he had received no Answer but this Trumpet met the Parliaments Trumpet who carried their Answer near to Oxford The King desires that the Church-Government may continue as it was in the days of Queen Elizabeth and of King James and is contented that the Directory shall be used as now in some Churches in London That he doubts not but he shall give both Houses satisfaction touching the choice of the Lord Admiral and other Officers of State if he finds them inclinable to a Treaty in which he will assist in Person and he makes no question but he shall give all his Subjects satisfaction about the debts of the Kingdom and the business of Ireland After this some Papers were read that were taken about the Arch-Bishop of Tuam when he was slain in Ireland discovering the transactions between the King and the Rebels and his large offers to them of Toleration of their Religion and to have all the Forts in their possession on condition they should raise ten thousand men to assist the King here Hereupon a day was set to debate this business and the Letters ordered to be printed Debate of sending Commissioners into the Netherlands 17. Proceedings in the business of the Church Order for Money for the Forces The Ordinance for further Power to the Militia of London sent up to the Lords An Exchange for Mr. Jennings a Member of the House Letters from the West informed of the Kings Forces quitting Totnesse and Plymouth and the Prince and Hopton flying into Cornwal that at Plympton they took seven pieces of Ordnance Arms and Provisions and many Prisoners and freed Plymouth of their Besiegers Sir Thomas Fairfax Besieged Dartmouth 19. Orders for Martial Law for the Garrisons of Henley Reading and Apsely Order for a new Election and for the letters taken in the Lord Digby's Coach at Sherburne to be printed Proceedings in the Church-business An Answer
and divers great Lords remained in Oxford till they might receive the Kings order for which they had sent Messengers to him The next day the Citizens opened their Shops and there was a full Market again Farringdon was likewise surrendred and accommodation was sent for to London for removal of the Duke of York thither and surely no action or agreement either of War or Peace was ever more punctually observed than was this of the Oxford Articles Order for an Express to be sent to Prince Rupert and Prince Maurice that the Parliament took notice of their breach of the Oxford Articles by coming so near to London as Oatlands and requiring them to transport themselves beyond Seas within ten days if it could be or else to lose the benefit of those Articles Debate about the Preamble to the Propositions for Peace 27. The propositions for Peace were all agreed and a Committee named to consider of the manner of passing them and another Committee to be as Conservators of the Peace between both Kingdoms 29. Debate about the dismantling of Garrisons that of Oxford put off that of Winchester voted to be slighted Referred to the Committee of the Army to take care for the security of the City upon the repair of so many Delinquents thither from the Kings Quarters Order about the Judges who are to go Circuits and for allowances for them The General Commanded a select Council Cromwell Ireton Lambert Fleet-wood and Whitelocke to consult about disposing part of the Army to several Places and Sieges where there was need of them and also about the reducing of Wallingford and what conditions to send to them According to their advice Articles were drawn up to be sent to Wallingford and Whitelocke was made use of as their Secretary and there were two Regiments sent thither two more to Ragland and four Regiments to Worcester 30. The Princes Rupert and Maurice sent a very respectful answer to the Parliaments Letter to them that they were sorry that they had given them any offence had no intention to do it and would obey their orders The Prince Elector had leave to go and see his Brethren A Committee named to draw up an additional proposition for confirmation of the great Seal and invalidating of Acts passed by the Seal which was carried away to Oxford One Morgan a Popish Priest executed July 1646. July 1. Debate upon Ordinances touching the Excise and for moneys for Soldiers and Widows Order for reception of the French Ambassador one of the Lords and two of the Commons to come to him at his first landing The Garrison of Worcester agreed to a Treaty for the surrender of it 2. The Earl of Kent voted to be L. Lieutenant of Bedfordshire Orders that all Papists and Irish be put out of the lines of Communication and out of Corporations and that they that came from Oxford should be in their lodgings by nine a Clock the like for others that came out of any of the Kings Garrisons and that they have no Arms and that at Guild-hall they produce their Passes and ingage not to bear Arms against the Parliament and this order to be published by beat of Drum and sound of Trumpet Thus we may see that even after almost a Conquest yet they apprehended no safety such are the issues and miseries of a Civil War that the Victors are full of fears from those whom they have subdued no quiet no security O let our Prayers be to God never to have such calamitous times again Letters from Major General Mitton informed the readiness and assistance of Bishop Williams to promote the Parliaments affairs and particularly for the reducing of the Castle of Conwey giving his advice and being very active in that and all other matters for the Parliament 3. Letters from Sir Tho. Fairfax gave an account of the disposal of his Forces since the rendition of Oxford and the state he had put that City in and he sent up the great Seals and several other Seals which were there rendred to him Mr. Harbert one of the Commissioners for the Army presented the Seals to the House The great Seal which was carried away from the Parliament the Privy Seal the Signet Royal the Seal of the Kings Bench the Seals of the Exchequer and of the Court of Wards and of the Admiralty and the Sword Order for all those Seals to be broken and the Sword to be kept in the Kings Wardrobe Vote for the Earl of Salisbury to be one of the Commissioners of the great Seal in the place of the Earl of Bullingbroke deceased The proposition past the Commons and sent up to the Lords for making void what passed under the great Seal at Oxford and honours in Ireland and for confirming the great Seal here to which the Lords agreed and it was ordered to be communicated to the Scots Commissioners Order for Letters from both Houses to the King to desire him to send order to the Marquess of Ormond to deliver the Forts in Ireland in his hands to such as the Parliament should appoint A Petition from L. C. Lilburne to the Commons appealing from the judgment of the Lords who had Committed him referred to a Committee to consider of the priviledges of the Commoners of England 4. L. G. Pointz called into the House gave them an account of the Northern Forces they ordered a thousand pound to him in part of his Arrears and two hundred pound as a guift to buy him a Sword and a brace of Geldings and ordered three hundred pound per An. to him and his Heirs and gave him the thanks of the House Ordinance for ten thousand pounds for the Northern Forces Petition of London shewing that they intended to Petition the King a Copy of which they presented to the House for their approbation the House appointed a time to consider of it The Lords gave the City thanks for the like Petition Col. Jones his Regiment to be hastned for Ireland Papers from the Scots Commissioners which they received from New-Castle presented to the House One was a Declaration from General Leven and his Officers That they will adhere to the Covenant and will preserve the Vnion between the two Kingdoms and not countenance any disaffected to either Parliament that they abhor all wayes contrary to the Covenant Disclaim the Kings Letter to the Marquess of Ormond That as they came into England out of affection and not in a mercenary way so they will be as willing to return home and want of Pay shall be no hindrance thereunto and that the Kings unexpected coming to their Army hath not wrought in them any thing contrary to the Covenant Another Paper was a Petition of General Leven and his Officers to the King That his Majesty would take a speedy course to settle Religion and Church-Government the Liberties Priviledges of his Kingdoms to sign the Covenant and to comply with the Councils
to the house to give way to it and the Commons concurred and that the Earl of Northumberland should go with the Children to the King and take care of their return Order for the Lord Major of York to have the charge of Cliffords Tower there The Soldiers in Dublin were in a high Mutiny Col. Jones the Governor in danger to be killed by them yet he appeased the Mutiny with great Courage and stoutness Some little Defeats were given to the Rebels and sometimes to the English some of the leading Rebels taken Prisoners by Col. Coots Forces twenty five killed five hundred Cowes a thousand sheep and two hundred and fifty Plough-Horses taken Indeavours were used in Scotland to raise an Army there to invade England several debates about it at Edinborough and by the Estates but nothing concluded 13. The first day of relaxation for Scholars and Apprentices Many Apprentices came to the Parliament with a Petition which they presented to the Commons set on by their Masters and others their desires were 1. That the House according to promise take into consideration the several heads of a petition of theirs delivered the fifth of March last 2. That the authority of Parliament so apparently abused contrary to Right by those that have of late effected the ejections of men of known Fidelity out of places of Trust redeemed and those so expulsed may be restored 3. That they would declare against all invectives of the Clergy 4. That those who have appealed to this Court of Justice may have an impartial Tryal 5. That the sum of all the endeavours of Parliament may tend to the sweet composure of differences The Petitioners had Answer by some Members that were Citizens That their Petition would be considered in due time And they were commended for their civil carriage in presenting it Orders for slighting of Garrisons The Lords desired the Commons Concurrence to an Order for Money for the Earl of Kildare the Commons rejected it because the Lords had first made the Order for Money which was not proper for them to do but afterwards the Commons made a new Order for two hundred pound for the Earl 14. A contrary Party of the London Apprentices came to both Houses with a Petition 1. That according to the Covenant the Kings Person may be defended and his just power in defence of Religion and Liberties be estabished 2. That the Priviledges of Parliament may be vindicated and the Liberties and Property of the Subject preserved 3. That the Government of the Church may be setled and Conventicles suppressed 4. That Incendiaries Malignants and evil instruments hindering reformation and raising Divisions may be punished 5. That Obstructions in Courts of Justice may be removed and the abuse of Committees and their Officers considered 6. That Arrears of Soldiers may be paid 7. That the Army may be disbanded 8. Against Forreigners being free of London Thus each Party might frame what matter they pleased into Petitions and have hands to them and multitudes to present them The answer to this Petition was That divers matters thereof were under consideration and the rest should be considered in due time The Lords gave leave for the Marquess Winton to go out of Town The Earl of Clare had his Priviledge of Peer allowed him 15. According to a former Order of the House several Members of the House brought in their Case stated touching their Elections and the point of being disable to sit in the House and they were referred to a Committee Letters from Major General Pointz and another from his Wife informed the manner of his imprisonment by his own Soldiers and their seizing of his goods The House ordered Copies of them to be sent to the General with directions for the discharge of Pointz or sending him up to London and a Letter ordered to the Lord Mayor of York to discharge and restore his goods to him The Kings Children went with the Earl of Northumberland to Causham to see their Father 16. Orders touching supplys and managing the Forces in Ireland A Proposition for the Earl of Ormond to transport five thousand five hundred men out of Ireland was denyed by the House Orders for Pay and disbanding of Forces come off from the Army The Kings Children coming to Causham to meet their Father great numbers of People slocked thither to see them and strewed the ways with green bows and herbs After Dinner at Maiden-head the King and his Children went together to Causham 17. Vote That all the Forces in England and Wales c. be under the immediate Command of Sir Thomas Fairfax and for disbanding of divers Forces Order for putting Reformades out of the Line and about money for the Army 19. The eleven Members in Person presented to the House an answer by way of Demurrer to the Charge of Sir Thomas Fairfax and the Army against them which was for the present laid aside Votes for divers Garrisons to be slighted and the Deputy Lieutenants to see it done Bristol Castle and the great Fort at Caernarvon to be continued the keys of the Garrison to be delivered to the Mayors of the Corporations to be governed as formerly Leave given to the Lawyers to go the Circuits Upon information from Col. Birch of some distempers in his Regiment Ordered that the General send them away for Ireland The Assembly in Scotland debated about a Declaration concerning the Affairs of England relating to the King the Parliament and Army Letters from Ireland informed the taking of eight or nine thousand Cattle from the Rebels but they by a strategem killed betwixt thirty of forty of the Parliaments Forces and That they are forced for want of Bread and Money to leave the Field and retire into Garrisons A design to surprize Dublyn discovered and prevented and the Actors apprehended 20. Upon a Message from the eleven Members of their desires to absent themselves for six Months That in the mean time the great affairs of the Kingdom mentioned by the Army might be setled without any interruption from their lesser business The House voted That they or any of them should have leave and Passes to go into the Countrey or beyond Sea for six Months and then to return to the Parliament to attend concerning the Charge against them Upon information that a Multitude of People were coming up to the doors of the House in a tumultuous manner The House Ordered that the Guards do disperse them And that the Serjeant at Arms acquaint that it was the pleasure of the House that they remove themselves That an hundred Halberts be brought into the House for their Service That the Militia order the Guards constantly to suppress such disturbers of the House and that Col. Webbe see the Guards daily placed Letters from the Commissioners of the Army with these new Proposals from the Army 1. That a Declaration be published against the
Declaration upon the Votes touching the Kings Person and ordered those to be Sequestred who shall do any thing contrary to those Votes and they were ordered to be Printed and published A Declaration was presented to the House of Peers from the General and his Councel of War That they resolved to endeavour to preserve Peerage and the Rights of the Peers of England notwithstanding any Scandals upon them to the contrary The Officers who presented this Declaration were called into the Lords House and desired to return the thanks of the House to the General and to the Councel of War and the Officers of the Army 18. Mr. Chapman referred to the Committee of Complaints for sending a Warrant to summon a meeting of the Countrey near Reading to consider of a Petition The Manuscripts and Books in White-Hall because of Soldiers being there were ordered to be removed to St. Jame's House and placed there which Whitelocke furthered in order to the preservation of those rare Monuments of Learning and Antiquity which were in that Library Debate touching the Scots Papers and the Arrears due to that Kingdom The Lords informed the Commons at a Conference of a meeting under pretence of agreeing to a Petition to the Parliament where Lieutenant Collonel Lilburne and others spake very disgracefully of the two Houses and that there appeared to be a design of many thousands intended under a colour of a Petition to dishonour the Parliament and their proceedings That their Lordships had sent to the Lieutenant of the Tower to know why he permitted Lieutenant Collonel Lilburne whom they had formerly Committed to his Custody to go abroad who returned answer That he had an order for it from the House of Commons and the Lords desired that no occasion might be given to hinder the Vnion and Affection between the two Houses Upon much debate of this business by the Commons they repealed their Order formerly made for Lieutenant Collonel Lilburne's Liberty and ordered him to be brought to their Bar to morrow and they further ordered that M. Wildman be taken into Custody by the Sergeant at Armes 19. Lieutenant Collonel Lilburne was called into the House and made a large answer to the Information against him The reading of proofs and examination of the business held till six a clock at night and then the House ordered that he be committed to the Tower and be tryed by the Law of the Land for Seditious and Scandalous Practices against the State And that M. Wildman be committed to Newgate and tryed according to Law for Treasonable and Seditious Practices against the State That Mr. Sollicitor and all the Lawyers of the House take care to prepare the Charge against them and to bring them to Tryal next Term. The Lord Willoughby and other Impeached Lords sent a Letter to the House of Peers That after so long a restraint and no Prosecution against them they might have their Liberty The Lords discharged them of their Imprisonment and ordered a Declaration to be drawn That no Peer shall hereafter be under restraint upon a general charge above ten days This gave great offence to many of the House of Commons which they shewed afterwards Upon Letters from the General that one Lieutenant Collonel Lee in Office about Bishops Lands had intercepted Letters which the General sent to Col. Lilburne Governor of New-castle and had opened and detained some of them the House referred it to a Committee to be examined and punished 20. Upon Information that L. C. Lilburn and M. Wildman were not carried to Prison according to the order of the House and that some of their Party had given out words that they should not go to Prison and that there was a great meeting to be at Deptford in Kent about their Petition Ordered that the Officers of the Guards do assist the Sergeant in carrying of them to Prison which was done and that the Committee of Kent take care to suppress all meetings upon that Petition and to prevent all tumults and that the Militia of London c. take care to suppress such meetings and to prevent inconveniences which may arise thereby and upon the said Petition intituled The Petition of many thousands of the free-born People of England c. They ordered a Declaration to undeceive the People to shew them the dangerous consequences that will arise by such practices The House pass'd a Declaration of their real intentions to pay the remainder of the Money due to Scotland and several Ordinances for the advancing of it 21. The House sate all day in a grand Committee about the business of Ireland 22. Order for a new Ordinance to suppress all Stage-plays and for taking down all their Boxes and Seats where they Act and they ordered that the Lord Major Sheriffs and Justices of Peace and Committees of the Militia c. take care to suppress all Stage-plays for the future An Ordinance passed both Houses for making the Earl of Pembroke Chancellor of Oxford Some added to the Committee of Safety and the Committee required to take care for suppressing all tumults and insurrections c. Rumors increased of tumults like to be in the City and many spoke disgracefully of the Parliament 24. Upon Letters from Vice-Admiral Rainsborough that the Ships of the Irish Rebels were in many Roads and had taken divers of our Merchants Ships and that care might be taken for making ready the Summers Fleet. The House ordered seventy thousand pound out of the Excise for the use of the Navy Captain Burley was tryed upon a Commission of Oyer and Terminer for the late insurrection in the Isle of Wight and the Jury found him guilty of high Treason and Judgment was given against him but execution respited Others of the Conspirators were found guilty of a Riot and were deeply fined The Grand Jury of Hamp-shire at the Execution of the Commission of Oyer and Terminer presented a Declaration to be presented to the House of Commons wherein they acknowledged the Goodness and Wisdom of the Parliament in the Votes of no further Addresses to the King and declared their readiness to joyn with the Parliament in setling the Peace of the Kingdom The House of Peers ordered an Ordinance to be drawn giving up the Lords who by reason of their offences had not liberty to sit in Parliament to be prosecuted by Suits of Law and their attendants as if there were no Parliament Order for the Earl of Salisbury to have the refusal of the Purchase of Worcester House at the rate of Bishops Lands Several Ordinances past both Houses for an hundred pound to Sir Arthur Blundell and for a hundred pound to Sir John Burlace for addition of Committee-men against Papists and Delinquents about London for fifty pound to Capt. St. George and for the Committee at Derby-House Letters from Kent That the tumults there were quieted A Letter of thanks ordered to the Gentry of Hampshire Order that the
City Petitioners desired that the House would reassume the consideration of every part of their former Petition before they proceed in the Treaty with the King but the House did nothing in it Captain Bethan made Provost Martial with power to apprehend such as staid in Town contrary to the Ordinance and to seise upon all Ballad Singers Sellers of Malignant Pamphlets and to send them to the several Militias and to suppress Stage-playes The Instructions and Propositions were delivered to the Commissioners in the House and they took their leave to go to the King Orders for maintaining the Militias in the North out of Delinquents estates there and by other means Orders for money for Plymouth Garrison and for Herefordshire 14. The Houses sat not but the Committee of Derby House and other Committees sat and Letters came that the Lords and others sent for by the King were come to him and from the North that fifteen hundred old Souldiers were joyning to march with David Lesley to the Marquess of Argyle That Monroe was dispatching a guard to Edenburgh that Cromwell allarmed the English Cavaliers near to Berwick and that the inhabitants of Carlisle Petitioned the Governour to let in no more Souldiers neither Scots nor English That the General was gallantly entertained by the Town of Ipswich Where M r Edgar made a speech to his excellency who removed from thence to Yarmouth who sent out three Aldermen to meet him and gave him great entertainment they agree to admit three Troops of Horse and a Company of his Foot to quarter there 15. Letters that the General went from Yarmouth to S. Edmonds Bury thence to Malden where he viewed the remaining reliques of the Roman industry That he viewed the Fort of Mercy Island and gave orders at Harwich for keeping the guards and manning of the works there That he viewed Langarfort a place of great strength and concernment and there and at Harwich and other places had a great number of Ordnance discharged to salute him He ordered Colonel Desborough to command the Forces in Yarmouth and took care not to prejudice the fishing trade there by the Souldiers That he was highly entertained at Sir John Wentworths in Lovingland and at Norwich the High Sheriff of Norfolk and the Mayor Aldermen and Sheriffs of the City in their Scarlet Gowns with the Trained bands of Horse and Foot came out of the Town and accompained the General in thither and highly treated him 16. The House sat not Letters from the Isle of Wight that the Commissioners of the Parliament for the Treaty were come to Newport where the King was with those whom he had sent for to attend him and that there was a very fair correspondence betwixt them and the Parliaments Commissioners Some noted the Astrological predictions of M r Lilly to fall out very strangely according to what he had predicted particularly concerning the danger of the Kings person by a fall from his Horse 18. The Houses sat not Letters came from Lieutenant General Cromwel that he sent Major General Lambert with a summons to Berwick That Sir T. Tildesly with about fifteen hundred lay on this side Berwick but were not suffered to come in That Monroe marched through with three thousand and was joyned with Lannerick who had five thousand more that Argyle lay twelve miles from Edenburgh with about ten thousand men and both parties were upon a Treaty that they found no Bread in that Country but Bisket which they brought from New-Castle That Colonel Ashton with the Lancashire Foot is marched towards Carlisle Letters from Lambert's quarters of their march towards the borders and that David Lesley with old Leven and Argyle are in the head of eight thousand Horse and Foot about Edenburgh and have made the Committee of Estates to fly That Lesley the Governour of Berwick hath kept out of that Town all both English and Scotch Cavaliers and reports that he keeps it for the Parliament of England and will deliver it up to them That the English Cavaliers in the North sware they are bewitched and will fight no more and daily depart from their Colours That the Parliaments Army are discontented for want of pay and many of them slain and wounded and divers Horse lost Letters from York that the siege of Pontefract continues that the Prince hath sent relief to Scarborough of Men Victuals and Ammunition whereupon the Besiegers stormed the Castle and took it four of the assailants slain and eighteen of the besieged and an hundred and fifty Prisoners taken some Walloons whom the Souldiers took for Irish men were put to the Sword A day of Thanksgiving was kept at Leicester after which the Lord Grey feasted his Officers one hundred and fifty of them and they all rejoyced for the Victory against the Scots and promised to stand together upon their first undertakings for a good peace Colonel Martyn went to Lieutenant General Cromwell and the Parliaments Commissioners went to Ashby de la Zouch to speak with Duke Hamilton to see what he would discover to them for the good of this Kingdom 19. Letters that the Parliaments Commissioners for the Treaty were entertained with great respect at Southhampton and met and received by Colonel Hammond at the Cows with great vollies of shot and expressions of joy That the King kept a Fast with his Company for a blessing upon the Treaty in which the Common Prayer was exactly read with the Litany and a particular Prayer drawn by his Majestys direction and dictates That after Sermon the Commissioners went to the King to acquaint him that they were come to treat the King said he was glad they were come and desired God to perfect this blessed work and professed he was in Charity with all of them and not willing to seek revenge against any nor give occasion of delayes That the Commissioners presented the Three Bills to his Majesty for Religion the Militia and recalling his Majesties Proclamations c. but as yet have received no answer to them The House approved the report of the Committee of the Army for recruiting all the Regiments of the Army and for pay for them And they allowed a Quarter-Master to each Company of Dragoons and renewed the Ordinance for the assessments for the Army for six months longer Referred to the Committee of the Army to provide clothes shoes and Stockins for the Army and order for pay of the two new Companies in the Isle of Wight A Letter from Sir Edward Walker for some more persons to be sent down to the King the House did nothing upon it but declared that upon a Letter from the King or from their Commissioners for that purpose the persons should be sent to his Majesty An addition of Salary to Colonel Hammond in regard of his extraordinary charges upon the Treaty Divers Compositions passed that of M r Geoffery Palmer was five hundred pound The House approved of what
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
for Ships and for two Months gratuity for the Marriners who served against the revolted Ships Referred to a Committee to inquire who printed and contrived a scandalous Pamphlet called A Solemn Declaration of the Members secluded the House by the Army That all Acts Ordinances Votes and proceedings of the House of Commons since the Seclusion of the Members and continuance of the Armies force upon it are no way obligatory but null and void The House declared it to be False Scandalous and Seditious and tending to destroy the Government and that all who had a hand in it shall be uncapable of any Office or trust or to be a Member of Parliament and that every absent Member before he sit shall disavow that Pamphlet The Army past a Declaration that whereas some enemies had written to Merchants beyond Seas to call home their estates out of England because the Army had seised upon mens goods and designed to destroy all Trade and propriety the Army declare against it and that they will maintain and preserve both according to Law and with all freedom 16. The new Ordinance for the Militia transmitted to the Lords Another that no Malignants be elected or Electors of the Lord Mayor Aldermen and Common-Council Men of London A party of Horse went to Hurst Castle to remove the King to Windsor Castle The General Council of the Army sate upon the agreement of the people Colonel Butlers Troop and Major Finchers were disbanded 18. The Lords concurred in the Ordinance with the Commons for disabling Malignants to be elected or Electors of the Lord Mayor Aldermen and Common-Council Men or any other Officers or places of trust on pain of two hundred pound one half of it to the Informer and the other half to the Maimed Souldiers A Sheriff of Nottinghamshire appointed A Committee appointed to draw up an expedient for the Members of the House to subscribe as Dissenters to the Vote That the Kings answer to the propositions was a ground of peace Order for the Sergeant at Arms to apprehend Sir Charles Kemish for staying in Town contrary to the Ordinance he being a Delinquent Both Houses agreed of a list of Persons to attend the King A day of Humiliation appointed for the two Houses and M r Cokayn and M r Bond to preach and M r Foxley to pray Intelligence of a new Fleet preparing by the Prince for Scilly Guernsey and Jersey and for Ireland and many discontented Persons and Reformadoes resorting to him A Committee named to confer with the Lord Admiral about this matter Letters came to the General from Major General Lambert and his Officers in complyance with the Armies Remonstrance by the Forces in the North and desiring a correspondence with the Army to whom they gave some cautions touching the prosecution of their Remonsrance When the Chancery business was over Sir Thomas Widdrington and Whitelock went to the Rolls by appointment where Lieutenant General Cromwel and Colonel Dean met them And with the Speaker they had a long discourse together about the present affairs And then another time was appointed by the Lieutenant General for them to meet again and to consider and confer how the settlement of the Kingdom might be best effected and to joyn Counsels for the publick good 19. An Ordinance past for the payment of twenty eight thousand pound taken by the Souldiers out of Weavers-Hall Referred to a Committee to consider of the great abuse in providing bad victuals for the Ships and how the persons may be punished and the like prevented Upon a Letter from the General referred to a Committee to consider how the arrears due to Colonel Rainsborough may be charged and paid to his wife An Ordinance past both Houses for making the Earl of Pembroke Constable of the Castle and honour of Windsor and Keeper of the Forrest and great Park there Order for levying the arrears of Deliquents compositions being two hundred thousand pound Letters from Scarborough of the hopes of a speedy surrender of that place and that the Scots are not well pleased with the late transactions of the Army in England The Parliaments Ships upon the Coast of Ireland took a Dutch Ship loaden with Wine Salt c. of three hundred Tun bound for Waterford The Cessation was continued in Ireland between the Marquess of Ormond and the Rebels Mr. Pierrepoint expressed much dissatisfaction at those Members who sate in the House and at the proceedings of the General and Army A visit to Lieutenant General Cromwell who lay in one of the Kings rich beds in White-hall 20. An Additional Ordinance past for election of the Lord Mayor Aldermen and Common Council men of London The Committee appointed to attend the General about the Secluded Members reported his answers that the business was of great concernment and he believed the House would not expect a present answer from him but he would prepare it as speedily as he could and in the mean time desired the House would not trouble themselves to send any more to him concerning that business Order for the same Message to be renewed to the General The House approved of what the Committees of Nottingham and Derby had done for relief of the Forces before Scarborough and Pontefract Sixteen of the secluded Members were set at liberty by order of the General to sit again in the House if they please and the rest were still in custody Two new Listed Souldiers in Colonel Deans Regiment with two more took upon them to apprehend a Citizen of London under pretence of a Warrant from the Council of War and that they had a great Charge against him when there was no such matter but they designed by this means to get money of him The Citizens acquainted some of the Council of War herewith who disowned the business caused the Souldiers to be apprehended two of them ran away the other two were sentenced to ride the wooden horse at the Exchange and to run the Gantlet 21. Order for repayment of the money taken out of Weavers-Hall to be for the use of the Navy A Petition from divers of Somersetshire that justice may be done upon Delinquents the Petitioners had the thanks of the House and the Petition was ordered to be printed Order that M r Strickland use the best endeavours he may to hinder the intended Sale in the Low Countries by the Prince of the Ordnance of the revolted Ships Both Houses past an Ordinance concerning Lieutenant Colonel Lilburne In the after-noon the Speaker Lieutenant General Cromwell Sir Thomas Widdrington and M r Whitelock by appointment met about six a Clock and discoursed freely together about the present affairs and actions of the Army and the settlement of the Kingdom In the conclusion Sir Thomas Widdrington and M r Whitelock were desired to draw up some heads upon the discourse to be considered by the same Company 22. Both Houses kept the Solemn Fast this day The
heard of Himself being again followed by the Parliaments Generals lost all his Ships but two which his Pursuers looking upon as inconsiderable and not worthy their time and pains to hunt after returned and left him Sea room to come with them into France The Parliament fearing least now the Scots King should joyn Interest with the Scots which was now generally talked of they had good Intelligence of all proceedings in that Business and provided for a Storm from thence They endeavoured to prevent all trouble which might happen in England by quartering their Army up and down in the several Counties to be ready to attend all Motions and to defend themselves from an Invasion of the Scots they ordered some Force to lie constantly upon their Borders Cromwel proceeded prosperously in his Affairs in Ireland took in many considerable Places and Countries there and gave a constant account of all his proceedings to the Parliament and Councel of State and in all his Letters gives Glory to God to whom 't is only due The Parliament and the Councel of State by their Order was busy in making Provisions and Supplies of Men and Mony for the Service of Ireland which caused their business to proceed the more happily and willinglyon the Souldiers part who without Money are without Discipline and commonly without good Success In the Parliament were many Debates about Reformation of things according to the late Petitions and amongst the rest of particulars there was a great Peek against the Lawyers Insomuch as it was again said as it had been formerly That it was not fit for Lawyer 's who were Members of Parliament if any Lawyers ought to be of the Parliament to plead or practise as Lawyers during the time that they sate as Members of the Parliament which gave Occasion to one of the Members of that Profession to speak as followeth Mr. Speaker I was unwilling again to have troubled you upon this Argument had I not been again called up by the mistakes of the worthy Gentleman that spake last to give you a true account of those Matters and to vindicate the Honour of that Profession whereof I am an unworthy Member The Gentleman was pleased to intimate That Lawyers were heretofore excluded from being Members of Parliament but I suppose he had not much studyed the Records of that Matter and therefore related the Discourses of others by hearsay only But for his Conviction and for the satisfaction of others I shall acquaint you with the clear passages of what he aimed at as I suppose and as I find them upon Record which are much more authentick than some perhaps Table talk or Discourses at Random The Statute 23. E. 3. called the Members of Parliament the learned Men whereof many were learned in the Laws and therefore supposed to have had that Title But shortly after this the great Men degenerating in the Old Age of the same King into several Fastions And being much offended with those who were learned in the Laws because they hindred their Oppressions by pleading the Right of Law on the behalf of their Clients 46. E. 3. petitioned That Nul home de ley pursuont busoignes en le Courtle Roy ne Viscount pour le temps que il est Viscount soient retournez ne accepteze Chivaliers des Countees That no man of Law following Business in the Kings Courts nor Sheriff be returned or accepted Knights of Shires To this the King Answers Voet le Roy que Chivaliers et Serjeants des Meaux Vaues du paijs soint retournees desore Chivalters en Parlements ep qu'ls soint esteus in pleni Counte The King willeth that Knights and Serjeants that is Esquires of the best rank in the County be from henceforth returned to be Knights in Parliament and that they be chosen in full County After this Ordinance and pursuant to it a Clause was inserted into the Writ for choosing Members for the House of Commons 5. H. 4. to this effect Nolumus autem quod tu seu aliquis alius Vicecomes Regni nostri sive aliquis alius homo ad Legem aliqualiter sit electus We will not that you or any other Sheriff of our Kingdom or any other Man of Law by any meanes be chosen According to this Ordinance and Clause of Nolumus the Sheriffs have been since excluded from sitting in Parliament as Members during the time of their Shrivalty the Debate of which point was had and full of Learning in a former Parliament in the Case of a very learned and worthy Person Sir Edward Cook whom most of us knew He being made Sheriff of Bucks upon displeasure against him was chosen Knight of the Shire for Bucks and sate in Parliament and I had the Honour then to be a young Parliament Man in the second Year of the late King The Objections against him were the constant usage not to permit Sheriffs to sit as Parliament Men their Oath to reside in their Counties the custody whereof was committed to them and that their Office was but Annual and so the disability was but for that time only But for a man to be disabled from being a Parliament Man in regard of his being a Lawyer is to disable him during his Life or his continuance in his Profession by which he gaines his livelyhood and they are not publick Officers oblieged to another attendance on the publick Affairs as the Sheriffs are Yet 't is true that in this Parliament which was held 6 H. 4. All Lawyers were excluded and none of them returned to serve in this Parliament and perhaps from some general Discourse hereof by others the worthy Gentleman is pleased with confidence to vent his Doctrine and Motion But in case he did read and understand the Records of this Ordinance and of the Clause of Nolumus yet I suppose he never looked into the ground of this Business nor into that which followed thereupon wherein I shall hope to satisfy him and so as to alter his Opinion King Henry the fourth being in great want of Money Summon'd that Parliament and caused to be inserted in the Writ this Clause of Nolumus to exclude the Lawyers because he doubted that they would oppose the excessive Demands which he was to make to the Parliament Thomas Walsingham sayeth That all the Lawyers being excluded the Demands of the King were by this meanes obtained and by this Parliament was granted an unusual Tax and to the People Tricabilis et valde gravis A Tax full of Trouble and very grievous whereof the Historian sayeth he would have set down the manner hâ—d not the Grantors and Authors of the same desired to be concealed for ever to Posterity by causing the Papers and Records thereof to be burned Mr. Speaker This is the precedent intimated by the worthy Gentleman and this was the Occasion and Issue of that Precedent the like whereof I presume is not wished by him Walsingham Styles
in their formalities and the Militia Forces being there also and the People gave loud Acclamations and shouts the Bells rang the great Guns and small shot gave many Vollies and the City was full of Bonfires and joys 9. Several Addresses to Monk from Officers of the Army and from those of Dunkirke of their Submission to the King and his Government Order for all Ministers to pray for the King and the Duke of York publickly and to give thanks to God for the King's Letters and Declaration 10. The Day of Thanksgiving solemnly kept Common Prayer was read before the Lords After Sermon both Houses sat and the Commons voted 5000 l. to the Duke of York and 5000 l. to the Duke of Glocester as a present from them Order to stop felling Woods and committing wast in the King's Lands One committed for speaking treasonable words against the King The Commissioners for Ireland desired that in regard his Majesty in his Declaration had taken no notice of Ireland almost destroyed by the Rebellion that the Parliament would give their assistance for the calling of a Parliament there which both Houses agreed to offer to his Majesty The Commons voted 5000 l. more in all 10000 l. for a present to the Duke of York Both Houses declared the continuance of all Officers of the revenue and of the Navy Order about the monies collected for the Protestants of Piedmont and Poland Order for all Lodgers in Whitehall to quit their Lodgings except Monk and his family An Act of Oblivion under consideration by the Commons who heard the proceedings at the King's Tryal read The Earl of Winchelsea made by Monk Governour of Dover Major Holmes committed Some Phanaticks neer Portsmouth quelled by Colonel Norton Letters that the Spanish Ambassadour and other Publick Ministers congratulated the King at Breda and the States presented him with 6000 l. and invited him to the Hague that Dr. Clarges was long with the King 14. Letters from Ireland of their proclaiming the King there 22. Order for two new Maces Monk had leave to attend the King at his landing 23. Mr. Philip Howard the Earl of Berks Son brought a Letter to the House of Lords from the Hague The Commons received a Letter from their Commissioners at the Hague Letters of the King's Reception at the Hague many Knights made by him Letters of proclaiming the King in several Cities and Places in the Kingdom with great appearances of joy Order for two Declarations one prohibiting any Irish Rebels to enter into lands there and the other against Papists Monk received another Letter at Rochester from the King 25. The 50000 l. for the King not yet advanced by the City Divers Maids of the City petitioned to the Lord Mayor for leave to meet the King in White Clothes Letters to the City from their Commissioners of High Commendation of the King The Lords agreed upon a congratulatory Letter to be presented to the King at his landing A Bill for taking away the Court of Wards committed and a Vote passed to give the King 100000 l. per an in lieu of it Letters from General Mountague of the King's approach to England and Letters congratulatory ordered to be presented to him at his arrival 26. Order for relief of maimed Souldiers Widows and Orphans of Souldiers Mr. Clement one of the King's Judges committed to the Tower and ordered to seize the goods of all that sat as Judges upon the late King The King Knighted the Commissioners sent to him from the Parliament and those of the City and the Ministers sent with them had discourse with the King and were much satisfied with him The States highly entertained and presented the King at the Hague Letters that yesterday the King and the Duke of York and the Duke of Gloucester landed near Dover where Monk met them and the King kissed and embraced him and walked with him to his Coach and Monk rode in the Coach with the King and the Dukes and that night they came to Canterbury 27. The King staid at Canterbury and heard Sermons 28. He sent to the Lords that he would be at Whitehall to Morrow 29. An Act past for continuance of process and judicial proceedings This Day the King made his solemn entry into London At S. G's Field the L. Mayor and Aldermen received him the Lord Mayor on his Knees delivered the Sword to the King and the King gave it back to him and Knighted him and after a short repast in the Lord Mayor's Tent the King proceeded in his Entry The Streets were railed in the Windows and Balconees hung with Tapestry the Militia Forces on one side of the Streets and the Companies in their Liveries and with their Streamers on the other side to Temple Barr and from thence to Whitehall by the Militia Forces and several Regiments of the Army and Gentlemen and former Officers of the King's Army on both sides of the Streets First marched a Troop of about three hundred Gentlemen in rich Clothes after them another Troop of about two hundred in velvet Coates with footmen in Liveries then several other Troops with Trumpets and Lacques in Liveries then Trumpets and the Sheriffs men in red Clothes with silver lace about seventy nine of them then the Companies of London with their Streamers and every one of them wore a gold Chain about 600. Then rode twelve Ministers after them the Knights of the Bath with their Esquires in their habits then Kettle Drumms and Trumpets and the King's Life-guard then the City Marshall Officers and Aldermen the Maces and Heralds then the Lord Mayor bare carrying the Sword then Monk and Buckingham bare then the King between the Dukes of York and Gloucester After them a Troop bare with White Colours then Monk's Life-guards and after them five Regiments of the Army Horse and lastly two Troops of Noblemen and Gentlemen and thus they marched to Whitehall where Monk was invested with the Garter and sworn of the Privy Council and Sir Anthony Ashley Cooper was also made a Privy Counsellor Foreign Ambassadors especially of Sweden made great Testimony of their joy for this restitution of the King and this day was his Birth Day FINIS THE INDEX A ABbot Archbishop 8 17. Abbot 399 434. Abercorne Earl 644. Abercromway 1â—â— Abergavenny Lord 292. Abington 22. Acts of State 10. Acts proclaimed 423. Act for Mrrriages 504 544. Swearing 446. Adultery 440 449. Action at Bramford 62. Adams 256 273 301 405 643. Addresses 55 62 257 271 288 378 432 530 532 533 563 565 572 574 620 673 674 675 676 677 679 680 681 682 685 695 696 697 698 701. Admiralty 138. Adolphus PrinCe 587 625. Agitators 249 255 271 276 277 278 279 411. Agreement of the people 279 280 282 283 355 356 357 360 363 364 378 381. Ailburton 323 325 526. Ailsbury 153. Aires 169 290 324 325. Alcoran 380. Aldvin 235. Aldridge 73 132 360. Allegiance Oath 359 375. Allen 249
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
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
end this Session The Commons proceed in the Bill for Tunnage and Poundage By the King's appointment an order is made in the Star Chamber to take off from the file the Bill there against the Duke and his answer the King being satisfied of the Duke's Innocency The Duke denies the speaking of any words at his Table against the Commons as one of their Members reported and charged one Melvin a Scotchman for saying that the Duke intended to put the King upon a war against the Commonalty with the assistance of Scotland and the like and that Sir Tho. Overbury had poysoned Prince Henry by his Instigation The King Cancelled the Commission of Excise The Commons order a Remonstrance to be drawn of the Peoples Rights and of the undue taking of Tunnage and Poundage without the grant of it by Parliament which being ready the Speaker who was before sent for to the King came late and while the Remonstrance was in Reading the King sent for the House and spake to them touching it and took offence that it mentioned Tunnage and Poundage taken without Grant by Parliament as contrary to his Answer to the Petition of Right which he excused and said he could not want Tunnage and Poundage Then he passed the Bill of Subsidies and other Bills and the Lord Keeper declared the King's pleasure to Prorogue the parliament which was so done by Proclamation Manwaring's Books were supprest by another Proclamation and compositions for Recusants Estates directed by another and to search for and commit Popish Priests by another Dr. Mountagu was made a Bishop and Dr. Manwaring though disabled by sentence was preferred to a good living and both were pardoned The chief Baron Walter is put out and the King said of Judge Whitelocke that he was a stout wise and a learned man and one who knew what belongs to uphold Magistrates and Magistracy in their dignity and there was some speech of making him cheif Baron in the room of Walter But Whitelocke had no great mind to succeed Walter because Walter alledged that his Pattent of that office was quam diu se bene gesserit and that he ought not to be removed but by a Scire facias Rochel being besieged the Duke was appointed to goe with the Fleet to relieve it and being for that end at Portsmouth with much company he was suddenly stabbed to the heart by one Lieutenant Felton and fell down presently crying the Villain hath slain me and so dyed When some that came in suspected Monsieur Sabise to have done it Felton stepped forth and said I am he that did it let no Innocent man suffer for it and so was apprehended not offering to Escape and was sent to prison The King notwithstanding went on with the design to releive Rochel and the Fleet went thither but returned without doing any service being ill provided and their Victuals stunck Upon this the Rochellers were so much distressed that of 15000 men but 4000 remained alive the rest perished with hunger The Souldiers that returned and were billetted up and down committed great Insolencies Upon the Peace made between England and France the Protestants there for a time had a little more Indulgence Morgan was sent with the Lord Vere to Gluckstadt The Privy Council wrote to Dalbier to dispose of the German Horse to the King of Sweden or to the King of Denmarke After the Duke of Bucks death Bishop Laud had great favour with the King The meeting of the Parliament was Protogued Many in London resort to Felton in prison he saith he is sorry for his fact but he was induced to it by the Parliament's Remonstrance The same he said to the Council and denyed that the Puritans or any other set him on or knew of his purpose Bishop Laud told him if he would not confess that he must go to the Rack he said he knew not whom he might accuse perhaps Bishop Laud or any other in that torture The Council by the King's directions sent to the Judges for their opinions whether he might be racked by the Law They all agreed that by the Law he might not be put to the Rack Some Merchants were committed for not paying Tunnage and Poundage according to the King's Declaration Chambers one of them brought his Habeas Corpus and it was returned that he was committed for Insolent words spoken by him at the Council Table that the Merchants were scrued up in England more than in Turkey but the words not being in the Return it was mended and he was discharged by Bayle the Council were offended at it and rebuked the Judges but they Justified what they had done Felton was tryed at the King's Bench and had Judgment of death he shewed remorse and offered his hand to be cut off which the King desired might be done but the Judges said it could not be by Law and he was hanged in Chains Mr. Vassall was brought into the Exchequer for not paying Tunnage and Poundage he pleaded Magna Charta and the Statute de Tallagio non concedendo and that this Imposition was not by assent in Parliament The Barons refused to hear his Council gave Judgment against him and Imprisoned him Chambers having his goods seised sued a Replevin the Barons stayed it and all other Replevins in the like case by an Injunction to the Sheriffs and ordered the double value of his goods to be seised and the like was in the case of Mr. Rolls At the Council it was resolved before hand to Justifie these proceedings when the Parliament should meet and if the Parliament did not pass the Bill for Tunnage and Poundage then to break it And those of the Council that were Members of the House of Commons were directed what to say if the House should fall upon any of the King's Ministers The Parliament met and found the Petition of Right to be Printed with some Additions and the Copies first Printed without the Additions were suppressed by the King's order And they were informed of the seising of the Merchants goods perticularly of Mr. Rolles then a Member of Parliament and that the Customers said If all the Parliament were concerned in the Goods they would seise them These things were referred to a Committee The King sent for both Houses spake to them in justification of his taking Tunnage and Poundage untill they should grant it to him wished them to do it and not to be Jealous of the actions of one another He sends another Message to them to expedite that Bill they are troubled that it should be imposed on them which should first move from them They consider of the Grievancies since the last Session Of the increase of Arminians and Papists Pym moves to take a Covenant to maintain our Religion and Rights they proceed touching Religion before Tunnage and Poundage and touching the late Introducing of ceremonies by Cosins and others and the late Pardons Another Message comes
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
Opinions in these words We are of Opinion that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger Your Majesty may by Writ under the Great Seal of England Command all Your Subjects of this Your Kingdom at their Charge to provide and furnish such number of Ships with Men Victual and Ammunition and for such time as Your Majesty shall think fit for the defence and safeguard of the Kingdom from such peril and danger And that by Law Your Majesty may compel the doing thereof in case of refusal or refractoriness And we are also of Opinion that in such case Your Majesty is the sole Judge both of the dangers and when and how the same is to be prevented and avoided This Opinion was Signed by Davenport Denham Hatton Jones Croke Trever Bramston Finch Vernon Berkley Crawley Weston This Opinion and Subscription of the Judges was Inrolled in all the Courts of Westminster and much distasted many Gentlemen of the Country and of their own Profession as a thing Extrajudicial unusual and of very ill consequence in this great Business or in any other The King upon this Opinion of his Judges gave order for proceeding against Hampden in the Exchequer where he pleaded and the King's Council demurring the Point in Law came to be argued for the King by his Council and for Hamden by his Council and afterwards the Judges particularly argued this great Point at the Bench and all of them except Hutton and Croke argued and gave their Judgments for the King The Arguments both at the Bar and Bench were full ofrare and excellent Learning especially in matter of Record and History but they are too voluminous to be here inserted Judge Croke of whom I speak knowingly was resolved to deliver his Opinion for the King and to that end had prepared his Argument Yet a few days before he was to argue upon Discourse with some of his nearest Relations and most serious thoughts of this business and being heartned by his Lady who was a very good and pious woman and told her husband upon this occasion That she hoped he would doe nothing against his Conscience for fear of any danger or prejudice to him or his Family and that she would be contented to suffer want or any misery with him rather than be an occasion for him to doe or say any thing against his Judgment and Conscience Upon these and many the like Incouragements but chiefly upon his better thoughts he suddenly altered his Purpose and Arguments and when it came to his turn contrary to expectation he argued and declared his Opinion against the King But Hampden and many others of Quality and Interest in their Countries were unsatisfied with this Judgment and continued to the utmost of their power in opposition to it yet could not at that time give any further stop or hinderance to the prosecution of the business of Ship-money but it remained Alta mente repostum The Earl of Arundel was sent Ambassador to the new Emperor Ferdinand the Third where he stayed and treated some Months about the restitution of the King's Nephew the Prince Elector but being opposed by the Duke of Bavaria who had gotten possession of part of the Palsegrave's Territories and by others after their Interest and being discontented at the delays they put upon him in the Treaty at the Dyet the Ambassador without taking any leave or effecting any thing for which he was sent returned home in much distaste and choller Anno 1637. Car. 13 The Sickness began to increase in London which caused many to post into the Country and kept others from coming to Town and it was thought fit to adjourn part of the Term. Three Delinquents were sentenced in the Star-Chamber Mr. Burton a Divine for writing and printing two smart and sharp Tracts against Episcopacy Doctor Bastwick a Physician for writing Books reproachfull against the Prelates particularly against Archbishop Laud and Bishop Juxton And in his Answer to the Information against him in the Star-chamber he hath this Passage Anno 1637 That the Prelates are Invaders of the King's Prerogative Royal Contemners and Despisers of the holy Scriptures Advancers of Popery Superstition Idolatry and Prophaneness Also they abuse the King's Authority to the Oppression of his loyalest Subjects and therein exercise great Cruelty Tyranny and Injustice and in execution of those impious Performances they shew neither wit honesty nor temperance Nor are they either Servants of God or of the King but of the Devil being Enemies of God and the King and of every living thing that is good All which the said Dr. Bastwick is ready to maintain c. None of the Doctors friends could prevail with him to expunge this and other the like Passages out of his Answer The third Defendant was Mr. Prynn of Lincolns-Inn a Barrister at Law for writing a Book scandalous to the King and Church who had been there censured before and was now fined five thousand pounds to loose the remainder of his Ears on the Pillory to be stygmatized on both Cheeks with an S. for Schismatick and to be perpetually imprisoned in Caernarvan Castle Burton and Bastwick were fined five thousand pounds apiece to loose their Ears in the Pillory and to be imprisoned the one in Launceston Castle and the other in Lancaster Castle The Prince Elector and his Brother Prince Rupert departed into Holland and having gotten together a small Army marched into Westphalia and besieged Limgea but was fought with by the Emperor's General Halisfeild his Army discomfited two thousand of them slain and his brother Prince Rupert and the Lord Craven taken Prisoners himself hardly escaping by flight The Bishop of Lincoln was brought to a Sentence in the Star-chamber for disloyal words charged to be spoken by him against the King and for suborning Witnesses to conceal a Truth and to stifle a Crime He was at last fined ten thousand pounds committed to the Tower during pleasure suspended ab Officio Beneficio and referred to the High Commission Court for that which concerned their Jurisdiction Mr. Osbaldston was also heavily sentenced in the Star-chamber upon the Business of the Bishop of Lincoln but he got out of the way leaving a Paper in his Study with this Inscription That Lambert Osbaldston was gone beyond Canterbury But Canterbury after this Sentence sends this Warrant to the King's Sollicitor Mr. Sollicitor It is his Majestie 's pleasure that you prepare a Commission to the Prebendaries of the Collegiate Church of Westminster authorising them to keep their Audits and other Capitular Meetings at their usual times to treat and compound with the Tenants for Leases and to pass the same accordingly choose Officers confirm and execute all other lawful Acts for the good and benefit of the College and the said Prebendaries And to take out the Common or Chapter Seal for sealing such Leases and Grants as
shall be agreed upon by the Sub-dean and the major part of the Prebendaries and also to pass all the Premises under the style and title of the Dean and Chapter of the Collegiate Church of S. Peter in Westminster during the suspension of the Bishop of Lincoln from the Deanry of Westminster For the doing whereof this shall be your Warrant Lambeth-house this 22th day of November An. Dom. 1637. W. Cant. This was held by some Lawyers to be a strange Warrant and these Proceedings in the Star-chamber against these persons raised a deep distaste in the hearts of many people which some expressed by their murmurings and gave out Canterbury to be the Author of them more particularly against Lincoln upon the private Grudges and Emulation between these two Prelates The Troubles and Commotions in Scotland began to arise upon this occasion King James had designed to bring the Kirk of Scotland to a Conformity with the Church of England and for that purpose appointed some of his Scotish Bishops to Compile a Form of Liturgy a Book of Common Prayer to be used there which was done and sent to him into England for his Approbation but nothing further was effected in that business by King James King Charles his Son in prosecution of his Father's Design directed Archbishop Laud the Bishop of Ely and other Bishops to review and alter as they pleased that Service Book which they did with some material Alterations from that used in England and by the Advice of these Bishops and others this new Service Book was sent into Scotland with Command to be there read First In the Chapel of the King's House at Edenburgh the Communion to be Administred in that form and taken on their knees the Bishop in his Rochet the Minister in his Surplice The Scottish Bishops liked the matter of the Book but not the Imposing of it from our Church upon theirs nor the different Translation from the Scottish Language of some of the Psalms Epistles and Gospels which to satisfie them was amended and the Book proclaimed to be read in all Churches On Sunday July 23. The Dean of Edenburgh began to read the Book in the chief Church of the City upon which the people in a tumultuous manner filled the Church with uproar which caused the Bishop of Edenburgh to step up into the Pulpit to appease them by minding them of the holiness of the Place This inraged the Multitude the more so that the Women and Men threw Cudgels Stools and what was in the way of fury at the Bishop to the indangering of his life The Chancellor seeing this called down from the Gallery the Provost Bailiffs and Magistrates of the City then sitting there who thrust the Rabble out of the Church and made fast the Doors so the Dean proceeded in his Common Prayer only he was disturbed from the outward man the multitude without rapping at the Doors pelting the Windows with stones and making hideous noises Nevertheless the Service was ended though not the Peoples rage who assaulted the Bishop returning to his Lodging and in other Churches the peoples disorders were answerable The Chancellor and Councel so ordered the business for the Afternoon that the Common Prayer was read without disturbance only the Bishop returning to his Lodging was rudely treated The Magistrates of the City seemed to distaste these tumultuous Actions and to inquire out the Actors and by desire of the City Ministers the Magistrates drew up an Obligatory Act for Indemnity of their persons and settling of their Maintenance During Harvest men were at work and quiet that being ended many resort to Fdenburgh Petition the Councel That the Service-book may no further be prest upon them till the King 's further pleasure were known The Councel fearing danger issue three Proclamations 1 To dissolve their Meeting in relation to Church-matters and all to repair home 2. For removing the Session from Edenburgh to Lithgow 3. For calling in and burning a seditious Book Intituled A Dispute against the English Popish Ceremonies obtruded upon the Kirk of Scotland These Proclamations increased the Flame and the next day the Bishop of Galloway going to the Councel-house was followed in the Streets with Railings and the House beset with Clamours and Menaces The Earl of Trequaire going to relieve the Bishop became in the same condition with him the Lord Provost and City-councel were called to raise the Siege but they returned answer That their condition was the same surrounded with the multitude who had forced them for fear of their lives to sign a Paper to adhere to them in opposing the Service-book and to restore Ramsey Rollock and Henderson silenced Ministers The Lord Treasurer going to the Councel-house was thrown down by the throng his Hat Cloak and white Staff taken from him The Lords in this danger sent for some Noble-men and Gentlemen who were disaffected to the Service-book to come to their aid who came and quietly guarded them to their several Lodgings Then the Councel issued a Proclamation to repress the Disorders but little obedience was given to it The Citizens sent Commissioners to the Councel to have their Ministers restored and what they had promised to be performed A Petition was sent to the Councel-board not of the multitude but of Noble-men Barons Ministers Burgesses and Commons against the Liturgy and Canons This Petition was sent to the King who displeased at it gave Instructions for Adjourning the Term to Sterling 24 miles from Edenburgh to prevent confluences of people and for publishing a Proclamation forbidding such tumultuous Resorts upon the highest Penalties Upon the reading of this Proclamation at Edenburgh the Earl of Hume and the Lord Linsey and others caused their Protestation against it to be read and agreeable thereunto erected four Tables 1 Of the Nobility 2. Of the Gentry 3. Of the Burroughs 4. Of the Ministers These were to prepare what was to be propounded at the general Table consisting of several Commissioners chosen from the rest The first Act of this General Table Was a renewing of the ancient Confession of Faith of that Kirk and entering into a general Covenant to preserve the Religion there profest and the King's Person The Councel upon this Combination sent an Express by Sir John Hamilton to the King to advertise him thereof The King observed That in this Covenant contrary to what was formerly neither his own nor his Delegated Authority was Implored And whereas preceding Bands annext to Confessions were formed in defence of himself his Authority and Person This new Edition hath a Combination against all persons whatsoever himself not excepted The King though highly offended at these Affronts yet studying how to compose the Discontents sent Marquess Hamilton his high Commissioner into Scotland for settling of the Peace He stayed many days at Dalketh four miles from Edenburgh yet none of the Covenanters came to him but at the sollicitation of the City and assurance of their quiet
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
his People which were of late too much encreased and were hoped might have been cemented by this Parliament were by the Dissolution thereof aggravated and the Scots Troubles which many sober men expected this Parliament would have appeased were by the breach of it feared to grow wider and the chief Blame and Odium of all was by many laid upon Archbishop Laud. He was more busie in Temporal Affairs and Matters of State than his Predecessors of later times had been Judge Whitelocke who was anciently and throughly acquainted with him and knew his Disposition would say He was too full of fire though a just and good man and that his want of Experience in State Matters and his too much Zeal for the Church and heat if he proceeded in the way he was then in would set this Nation on fire By his Councel chiefly as it was father'd upon him the Parliament being dissolved yet he perswaded the King to continue the sitting of the Convocation by a new Commission granted to them for the conclusion of such Matters as were then in treaty amongst them Yet by the Opinion of Finch Maunchester Littleton Banks Heath and Shelton signified to the King the Convocation called by the King 's Writ was not to Dissolve but by the King 's Writ notwithstanding the Dissolution of the Parliament But it was held best and to clear all Objections to continue them by this new Commission May 9. A Paper was posted up at the Old Exchange exhorting the Prentices to rise and sack the Archbishop's House at Lambeth the Munday following and on that Night about Five hundred beset his Palace but the Archbishop having had notice of the Paper provided for his Defence that they could make no entrance only their Tongues ceased not to utter Revilings of all bitterness against him A few days after some of this Company were taken and tryed for Treason upon the Statute 25 Edw. 3. for levying War against the King because they had a Drum which beat up before them The Judges resolved it to be Treason and one of their Captains a Cobler was hanged drawn and quartered for it and his Limbs set on London Bridge In this Case although there was nothing but the breach of the Peace and of a few Glass-windows and setting at liberty some Prisoners and none slain or hurt yet because so great a Number were assembled and in a War-like manner with a Drum with unlawful Intents it was adjudged Treason and the Party suffered for it As the King had his private Juncto's so the Agents of the Covenanters and their Friends in London had their private Meetings and Councels with those who were discontented at the present managing of Affairs at Court and who had suffered by the late Proceedings and from hence no small Incouragement and promise of Assistance was given to the Covenanters The King caused a Guard to be set about Westminster Abbey that the Convocation might sit the more securely yet were not these Seats very easie they were in danger of the King's Displeasure if they rose and of the Peoples Fury if they sate to be beaten up by Tumults whilst they sate at the Work and to be beaten down by the next Parliament for doing of the Work Episcopacy was Dissolved in Scotland and as much envied by many in England the Presbyters there were equall'd with Bishops the same was the Tenent of not a few here and divers Tracts were written against them and in defence of Bishops and their Divine Right The Assembly in Scotland having formed a Covenant for destruction of Episcopacy this Convocation for their own support frame an Oath equivalent to be Imposed on all Ministers THat they approve the Doctrine and Discipline of the Church of England as containing all Things necessary to Salvation That they will not endeavour to bring in any Popish Doctrine contrary to it Nor give consent to alter the Government of this Church by Archbishops Bishops Deans and Archdeacons c. as it now stands Established and by right ought to stand Nor to subject it to the Vsurpations and Superstitions of Rome That this they do plainly and sincerely Acknowledge and Swear and do it heartily willingly and truly This Synod also made a Canon for placing the Communion-Table at the East-end of the Church sever'd with Rails to preserve it from Profanation and for permitting the practice of Bowing to the East or omission of it as men were perswaded in their Consciences of the lawfulness or unlawfulness of it They also granted to the King an ample Benevolence of the Clergy of Four Shillings in the Pound for six years towards his intended Expedition against the Scots and so brake up the twenty ninth of May. This added more Fuel to the Flames already burning and was the Subject of great Debate and Censures which followed The King was very active to carry on his Expedition Northwards he calls a Juncto of select Counsellors whereof Sir Henry Vane was then thought sit to be trusted for one At one of their Meetings he took short Notes of the Debate which coming afterwards to his Son's hands were made use of against the Earl of Strafford as will appear in the Story And now the Parliament having yielded no Supplies to the King's occasions all the Wheels of Prerogative are set on Motion to provide Money for the King's Affairs Knighthood Money is set on foot all Knights and Gentlemen who held Lands in Capite of the King are summoned to send men Horses and Arms agreeable to their Tenures and Qualities The City of London is Invited to a Loan but they stand off and generally refuse being discontented at the present Proceedings and particularly displeased because their Plantation at London Derry in Ireland was taken from them as they held unjustly by Sentence of the Star-Chamber adjudged to be forfeited for their usurping more Liberty than their Patent warranted and Fines were Imposed on them and on the Undertakers and though they offer'd by way of Composition to build for the King a stately Palace in S. James's Park and to pull down Whitehall and make a stately way by the Thames-side streight from Charing-cross to Westminster-hall yet it would not be accepted The main Assistance for this War came from the Officers and Gentry and a Royal Army was compleated whereof the Earl of Northumberland was made General and the Earl of Strafford Lieutenant General but Northumberland falling sick the King himself took upon him to be Generalissimo as being in Person in the Expedition he ought to be July the 20th The King had another Son born Henry Duke of Glocester The King's Army was marched before and about August 20. the King himself went out of London towards the North and two days after by Proclamation He declares the Scots Rebels That he had sought by Clemency to appease their rebellious courses who upon pretences of Religion have sought to shake off his
great Court Lady their Friend who over heard some discourse of this intended Action and thereof gave timely notice to these Gentlemen whereby they got out of the House just before the King came Otherwise It was believed that if the King had found them there and called in his Guards to have seized them the Members of the House would have endeavoured the defence of them which might have proved a very unhappy and sad business and so it did notwithstanding that was prevented This sudden Action being the first visible and apparent ground of all our following Miseries Divers Excuses were made for this Action some said it was the womens counsel and irritation of the King telling him That if he were King of England he would not suffer himself to be baffled about these Persons provoked him to go to the House himself and fetch them out Others said he was put upon it by those who designed his prejudice by it Others said it was in passion unadvisedly undertaken and rashly executed None could make a satisfactory Apology for it and the King himself â—fterwards acknowledged his too much passion in it At his unexpected coming into the House they were in a very great amazement but upon his going away and so as he might hear them the House was in a great disorder crying aloud many of them together Privilege Privilege Some of them brake out into expressions That there never was so unparallell'd an Action of any King to the breach of all Freedom not only in the Accusation of their Members ransacking and searching their Studies and Papers and seeking to apprehend their Persons but now in a hostile way he threatned the whole Body of the House They thereupon frame and publish a Declaration Jan. 5. 1641. By which they set forth all this matter of the King 's coming to the House in a warlike manner to the terrour and affrightment of them and that this is a high breach of the Privileges of Parliament and inconsistent with the liberty and freedom thereof They conceive they cannot safely sit without a Guard in whom they may confide for which they have been Suitors to the King but could not yet obtainit They appoint a Committee to sit at the Guildhall in London to consider of these things and of Ireland and adjourn the House They publish another Vote That if any Arrest a Member of Parliament by Warrant from the King only it is a breach of Privilege and that the comming of Papists and Souldiers to the number of five hundred armed men with the King to the House was a trayterous design against the King and Parliament They vindicate the Five Members and declare that a Paper issued out for apprehending them was false and scandalous and illegal and that they ought to attend the Service of the House and require the Names of those who advised the King to issue that Paper and the Articles against the Five Members Upon these Passages and Declarations a great number of persons in a tumultuous manner came from the City to Westminster where they offered many affronts and violences to divers of the Bishops and others Jan. 12. The Bishops by Petition and Protestation in the Lords House set forth this and their own Right to Sit and Vote in Parliament which by reason of those Tumults and Insolencies they could not doe They say they have no Redress upon their Complaints hereof and cannot attend the Service of the Parliament without danger of their lives they therefore protest against all Acts and Votes in their absence as null and void And desire this their Protestation may be entred Divers of their Adversaries were much pleased with this unadvised Act of the Bishops being as they wished a way prepared by themselves for them to be set aside and removed from the House of Lords For this not long after they were accused by the Commons of high Treason Glyn was the Messenger they were brought on their knees to the Lords Bar Ten of them committed to the Tower and the other two in regard of their age to the Black Rod. The House of Commons upon suspicion of some Designs against their Persons petitioned the King for a Guard to be commanded by the Earl of Essex which the King denied but promised to take care for their Security as for Himself his Wife and Children Many Citizens tumultuously flocked to the King's Coach as he passed through the City of London Beseeching him to agree with his Parliament and not to violate their Privileges After this at a Common-Council they draw up a Petition to the King complaining That Trade is decayed to the ruine of the Protestant Religion and the Lives and Liberties of the Subjects by the designs of Papists more particularly their fomenting the Irish Rebellion by changing the Constable of the Tower and making Preparations there by fortifying Whitehall and his Majestie 's late invasion of the House of Commons They pray that by the Parliaments advice the Protestants in Ireland may be relieved the Tower put in the hands of Persons of trust a Guard appointed for the safety of the Parliament and that the Five Members may not be restrained nor proceeded against but by the Privileges of Parliament To this the King gave answer That he could not express a greater sense of Ireland than he had done that meerly to satisfie the City he had removed a worthy Person from the charge of the Tower and that the late Tumults had caused him to fortifie Whitehall for the security of his own Person That his going to the House of Commons was to apprehend those Five Members for Treason to which the Privilege of Parliament could not extend and that yet he would proceed against them no otherwise than legally During this time the Five Members had got into Friends houses of the City where they were highly caressed and had the company of divers principal Members of the House to consult together and to lay their further Designs and they wanted nothing Soon after this divers Buckinghamshire-men came up with a Petition to the King for Mr. Hampden their Knight of the Shire whereof probably he was not altogether ignorant beforehand They pray that Hampden and the rest that lie under the burthen of accusation may enjoy their just Privileges Great numbers of people gathered together in a very tumultuous manner about Whitehall and Westminster and it was a dismal thing to all sober men especially Members of Parliament to see and hear them The King fearing danger from them or perhaps by the unfortunate Counsel of some about him thought fit to remove to Hampton Court and took with him the Queen Prince and Duke of York This was another and great wonder to many prudent men that the King should leave this City the place of his and his Predecessors usual residence where most of his Friends and Servants were about him the Magazine of all Provisions
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
persons in authority to put the Ordinance of the Militia in execution which the King declares to be no legal power in the Houses and commands that none do obey it and summons the Gentry of the County to York to whom he relates these illegal proceedings of the Parliament and tells them his purpose to have a guard onely to secure his person in which he desires their assistance And the rather because the Members that came with the last Message to the King returned to York and before them all these proceedings were had Sir Thomas Gardiner Recorder of London was impeached for advising the Lord Mayor to pay Ship-money and other illegal things and against Scotland and opposing the Parliament but he got to the King The County of York being Summoned the Committee prevailed with some of them to oppose the raysing of a guard for the King and the Parliament declared against it and that such as do are disturbers of the Peace The Ordinance of the Militia being now past and Lieutenants named for the several Counties they nominated their Deputy Lieutenants to the Parliament for their approbation The Lord Paget being named in the Ordinance and approved to be Lieutenant of Bucks he named Hampden Goodwyn Grenville Tyrrell Winwood and Whitelocke to be his deputy Lieutenants who were approved by the Parliament The Lord Paget not long after this began to boggle and was unfixed in his resolutions and upon the King 's publishing of his Commission of Array and Declaration against the Ordinance of Parliament for the Militia his Lordships heart failing him and being unsatisfied in his Judgment he revolted from the Parliament and went to the King Whereupon the Lord Wharton was nominated and approved by both Houses of Parliament to be in his roome Lieutenant for the County of Bucks Mr. Palmer Mr. Hyde and Mr. Bridgeman and divers other eminent Lawyers and Gentlemen had given their opinions positively against it and left the House upon the passing of it On the other part the Lord Littleton was most confident for the legality of it and divers other Lawyers and Gentlemen of the short robe were cleerly for it and that the Lords and Commons in case of the King's minority sickness or absence had done the same in other times As when H. 3. dyed and his Son E. 1. was in the holy Land and came not home in almost two years after his Father's death yet in the mean time the Lords and Commons appointed Lieutenants in the several Counties and made several Ordinances which are of force at this day So are the Ordinances made by them in the minority of H. 6. and upon the difference between him and the Duke of York and the Ordinances in the minority of E. 6. and in other times That the King was now absent and having called his Parliament at Westminster was himself gone as far from them as York and had before he came thither and since appeared with Warlike forces about him to the terror of the Parliament That the business of Ireland and other threatning dangers gave too much cause of Fears and Jealousies to the Parliament and to stand upon their guard and for defence of themselves and the Kingdome Without which the King would so grow upon them and his evil Counsellors so prevaile that they would undoubtedly bring their designs to pass of a speedy introducing of Popery and Tyranny whereas if they saw the Parliament in a good posture of defence and that the people generally would adhere to them as no doubt but they would that then the King would be brought to a good accommodation and agreement with his Parliament without a blow to be struck between them Whereby they should preserve the just Rights and Liberties of the Subject the privilege of Parliament and themselves and their friends and the Protestant Religion from Ruine which without this appearance onely of arms or power to arme if there should be occasion would unavoidably be brought to pass These arguments together with the solemn protestations of the most powerful and active Members That they had not the least purpose or intention of any War with the King but to arme themselves for their necessary defence prevailed with most men to keep their station and at present to accept those Commissions of Deputy Lieutenancy Maynard Glyn Grimstone St. John Selden and divers other Gentlemen of great parts and interest accepted of the like Commissions and continued in their service in the Parliament The King resolves that Easter Term be adjourned from London to York the Parliament Vote it to be illegal and Order that the Lord Keeper Littleton issue no Writs or Proclamation for that purpose They publish a large Declaration much to the same effect as the former were mentioning that the Rebellion in Ireland was countenanced by evil Council about the King the proclaiming them Traitors deferred from October to January after and then but 40 Copies ordered to be Printed nor any of them to be published without the King's Order whereas the proceedings against the Scots and proclaiming them Traitors was very sharp and speedy To this the King gives an answer in effect the same with what he had said before to these particulars after which he writes to his Council in Scotland to acquaint them with the State of his affairs in England to which he receives a dutiful and affectionate answer with a Petition from divers of the Nobility and people there full of zeal and loyalty to his service The Parliament hearing of this took course to turn the Ballance and within eight days after the Scots Council declare their earnest desires both to King and Parliament to joyn in a perfect union and humbly desire the King to hearken to his greatest his best and most unparallel'd Council They disswade the King from a personal Journey into Ireland and pray that a Mediation may be at home ere the breach be wider And in fine they come to a large manifestation of their true and hearty affection to the Parliament of England protesting to do nothing contrary to them in their Privileges A multitude of people at Edenburgh hearing of the King's Letter to his Council there and of the Answer to it and Petition before mentioned they petition the Council there not to meddle by any verball or reall engagement for the King against the Parliament of England These Passages in Scotland gave much advantage to the Parliaments Affairs in England who protest their Fidelity to the King and court the Scots with very kind expressions The Earl of Bristol moved for an accommodation and a select Committee to be appointed to consider of some way to effect the same But the Parliament voted that which was done at York for a Guard for the King to be a preparation for War against the Parliament a breach of the trust reposed in him by his People contrary to his Oath and tending to the dissolution of his Government
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
no considerable body of an Army and their party in some divisions but by the time of the King's march and stay at Gloucester they had recruited their Army provided Money and pieced up their Discontents among themselves The City of Excester having held out three Months Siege for the Parliament their Powder and Provisions failing them surrendred to the King's Forces upon Conditions which were broken by the Enemy as those at Bristoll were Both Houses ordered Supplies for Gloucester Essex followed the King and sends for Sir William Waller to hasten to him At Cirencester Essex beat up the King's Quarters drove Sir Nicholas Crispe and Colonel Spencer out of the Town with their two Regiments of Horse and took thirty Cart-loads of Victuals and about 400 horse Captain Brooke being discovered by his Mariners to have a design to betray the Ship which he commanded to the King the Sea-men clapt their Captain under Deck and discovered his Plot to the Earl of Warwick their Admiral Lyn in Norfolk was surrendred to the Earl of Manchester There was a Skirmish between the King 's and Essex his horse near Hungerford in Berkshire about 80 on both sides slain of the King's part the Marquess Delavive Essex surprized a troup of the King's horse and that night quartered at Hungerford the Marquess his Corps was brought into Hungerford and afterwards ransomed by the King's party for 500 pieces Sept. 19. Essex marched toward Newbery his Army in great want of Victuals both for men and horse to whom the Country thereabouts was ill affected and would bring in nothing to them without Compulsion The whole body of the King's Army had possessed themselves of the Town of Newbery on their right hand they had the advantage of the River and a hill half a mile from the Town where they had planted their Ordnance so that there was no passage to them but with great disadvantage and by a narrow Lane Yet Essex finding his Souldiers full of mettle and resolved to force their way he in person led them on first charged the Enemy with his own Regiment and the Lord Roberts his Brigade of horse and began the fight about six a clock in the morning Sept. 20. which continued with very hot service till ten or eleven a clock at night The Parliament forces beat the Enemy from all their advantages got the Hill from them pursued them to Newbury and out of the Town again but the night coming on they no further could pursue them and though the King's forces especially the horse which consisted most of Gentlemen made gallant resistance yet this place not being proper for their fight their foot were thus beaten and in the night they drew off their Ordnance and marched away leaving Essex Master of the Feild who kept it that night and part of the next day When night drew on the Enemy both horse and foot stood in good order on the further side of the green where they fought and the Parliament's forces expected they would have ingaged them the next day but the King's forces drew off by night The Parliament Souldiers had the Pillage of the dead bodies both parties performed their service with great manhood and animosity especially the King's horse who yet were worsted and the Earls of Caernarvan and Sunderland who commanded part of them were slain in the fight The Lord Falkland Secretary of State in the morning of the fight called for a clean shirt and being asked the reason of it answered that if he were slain in the Battle they should not find his body in foul Linnen Being diswaded by his friends to goe into the fight as having no call to it and being no Military Officer he said he was weary of the times and fore saw much misery to his own Countrey and did beleive he should be out of it ere night and could not be perswaded to the contrary but would enter into the battle and was there slain His death was much lamented by all that knew him or heard of him being a Gentleman of great parts ingenuity and honour courteous and just to all and a passionate promoter of all endeavours of peace betwixt the King and Parliament From the time of Essex his remove from his quarters at a Village called Chilton near Hungerford to the end of this Newbery fight there were of the King's part slain above 2000 besides the three Lords and divers other Officers of Note On the Parliaments part were slain about 500 Colonel Tucker and the Lieutenant Colonel of Essex his Regiment and one Captain more of Horse in this Service the London Regiments did their parts with much Courage and Gallantry Essex advanced from Newbery towards Reading to refresh his men and no enemy appeared till they came to Theale a Village four miles from Reading where a party of the King's horse fired upon the rear of Essex's Army as they marched up a Lane near to Theale and they had a hot skirmish for the time about 60 of the King's horse were slain and about eight of the Parliaments the rest of the King's party retreated and the Parliament forces took up their quarters at Reading The Lords and Commons sent a Committee to their General at Reading to complement him and congratulate his great successes and to inform themselves what supplies were wanting for the Army that they might be speedily provided They sent another Committee to acquaint the City with the happy Success of the Army under General Essex and to treat with them about supplies of money ammunition and other necessaries to be forthwith sent down to the Army They also took order to stop the passes between London and Oxford to prevent the King's Intelligence and supplies of money and ammunition whereof they understood he was in great want Sept. 25. Both Houses with the Assembly of Divines and Scots Commissioners met in St. Margarets Church Westminster where Mr. White one of the Assembly prayed an hour to prepare them for taking the Covenant then Mr. Nye in the Pulpit made some observations touching the Covenant shewing the Warrant of it from Scripture the examples of it since the Creation and the benefit to the Church Mr. Henderson one of the Scots Commissioners concluded in a Declaration of what the Scots had done and the good they had received by such Covenants and then he shewed the prevalency of ill Counsels about the King the Resolutions of the States of Scotland to assist the Parliament of England Then Mr. Nye in the Pulpit read the Covenant and all present held up their hands in testimony of their assent to it and afterwards in the several houses subscribed their Names in a Parchment Roll where the Covenant was written the Divines of the Assembly and the Scots Commissioners likewise subscribed the Covenant and then Doctor Gouge in the Pulpit prayed for a Blessing upon it The House ordered the Covenant to be taken the next Lords-day by all persons in their respective
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
for their passage and that they were not to part with it but they shewed it to his Messenger and gave him a Copy of it with which he returned to the Governour and after some two hours attendance he sent a Troop of Horse to convoy them into the Town They went directly to the Governour 's quarters who received them not rudely but with hight enough and called for wine for them he told them that he believed the King was returned to Oxford and that it was more probable they might find him there than in any other place Amongst other discourses he and the Earl of Denbigh fell into relations of some passages of War wherein both the Earl and Colonel Blake had been Actors and both of them being high Spirits could not brook any diminution to the honour of each other or of their parties They differed upon some matters of fact and grew unto very high words insomuch as the Lord Maitland looked very pale and he and others thought that they should have their throats cut by the garrison and Blake looked very big upon them and his words were answerable All the Company held it fit to remove from this Garrison seeing the Carriage of Blake so full of insolence and incivility and with much difficulty they at last got into their Coaches and and took leave of the proud Governour The next morning they took their journey towards Oxford and upon the Hill half a mile before they came to the Town they stayed in the field till they sent a Messenger to the Governour of Oxford Sir Jacob Ashley to acquaint him with their being there to wait upon the King according to their safe Conduct whereof they sent him a Copy and desired entrance and accommodation in the City The Messenger returned that Sir Jacob Ashley would acquaint his Majesty with their being there and know his pleasure about it and then he would send to them accordingly and after three or four hours stay in the wet and cold open field then came an Officer and a Troup of horse to Convoy them into the City As they past along the streets the rude multitude the people part of that body for whom they underwent so many hazards of their lives and fortunes to preserve them in their Rights and Liberties and from Slavery and Popery which some about the King as was believed endeavoured to bring upon them Part of this People of England as they past along the Streets reviled them with the names of Traitors Rogues and Rebels and the like and threw stones and dirt into their Coaches a great incouragement and reward for their service for them They went on their way taking no notice of these affronts and abuses and were brought to their quarters to a mean Inn the sign of the Katherine Wheele next St. John's College which house was little above the degree of an Alehouse The Officer made a slight excuse to them for making them stay so long before they were admitted into the Garrison the which he said could not be till the Governour had spoken with the King which took up some time and that the providing of quarters for them was very difficult in regard the Town was so full of the King's Forces After they were setled in their quarters divers of the King 's great Officers and Lords came to visit them and some had their particular friends who came thither to them among whom was Sir Edward Hyde who came to Visit some of them and in discourse in general about the Propositions for peace profess'd his earnest desire and endeavour that they might take effect The Earl of Lindsey who then lay sick of wounds he had received sent a Gentleman in his name to visit Mr. Hollis and Mr. Whitelocke and to tell them that if he had been able to come abroad he would himself have visited them The Commissioners Servants informed them of a great bussle in the Hall of the Inne That some Officers of the King's Army came in thither to them and fell to quarrel with them called them and their Masters and the Parliament Rogues and Rebels and Traytors and would not suffer them to come near the fire upon which they quarrell'd Mr. Hollis went presently to one of the King's Officers who was there a tall big black man and taking him by the Collar shook him and told him it was basely and unworthily done of them to abuse their Servants in their own quarters and contrary to the King 's safe conduct and presently took away his Sword from him Whitelocke did the like to another great mastiff Fellow an Officer also of the King's Army and took away his Sword from him Upon this fearing some Design upon them and that more of the King's Officers and Souldiers would come in to affront them they caused the door of the Inne to be shut up and sent to acquaint the Governour with this abuse and affront offered to them He presently sent a Captain who took away those two Officers who had been disarmed and carried them to prison he excused a little the matter to the Commissioners and brought a Guard of Foot-souldiers to attend at the door of their quarters This business was much talked on among the King's Officers and Souldiers and most of them said that Hollis and Whitelocke had done well and like Gentlemen in disarming those two that offered the affront whom they much condemned and they were after this quiet The next day they had access to his Majesty who used them civilly and gave to every one of them his hand to kiss but he seemed to shew more disdain to the Scots Commissioners than to any others of their Company The Earl of Denbigh read the Propositions to his Majesty who heard them with much patience and when they were all read told them that he would consider of an Answer to be given to them Hollis and Whitelocke thought themselves obliged in civility and courtship to return a Visit to the Earl of Lindsey But all the Commissioners having agreed that none of them should singly give any Visit to any of the King's Officers or great Lords nor in company without acquainting their Fellow-commissioners therewith They thought fit to tell them their Intentions with their leave to return a Visit to the Earl of Lindsey who had so courteously first sent to visit them and all their Fellow commissioners approved thereof and wished them to doe as they intended The same Evening about Eight or Nine of the Clock Hollis and Whitelocke went to the Court to the Earl of Lindsey's Lodgings whom they found ill and in his Bed and divers Lords with him among the rest the Lord Savile then newly made Earl of Sussex The Earl of Lindsey expressed much contentment and that he took it extream kindly that they would come to visit him and treated them with extraordinary respect and courtesie and no man with him was so forward to complement them as was the Lord Savile When they had
altered A Petition from Bedfordshire complained of the unruliness of the Souldiers there taking Horses in Markets from the Countrey people and then making them to redeem them again for money and particularly against one Captain Crawford The like from Sussex and Bucks and complaining of the ravishing of Women and murthering of Men to redress which evils a Committee was appointed to consider These were the Fruits of Civil War Robberies Ravishings and innumerable Wicked actions committed by the barbarous Souldiers to the unspeakable Misery of the poor Countrey The Commons further Debated upon the Ordinance for the new Model of the Army and for the Assessment for their pay and ordered the Members of each County to bring in names of Commissioners for the Assessement in every County About 1100 of the King's horse and foot issued out of Chester and fell upon Sir William Brereton's quarters and to relieve Beeston Castle closely besieged by Brereton who hearing of the Enemies coming drew out a party to encounter them they placed their Ambuscadoes which the Parliaments brake through and routed the Enemy They took of them prisoners Colonel Worden Colonel Ware divers other Officers 200 common Souldiers as many horse and arms and killed and wounded a great number of them this party of the Parliament was commanded the horse by Lieutenant Col. Jones and the foot by Major Louthian News was brought that a Merchants ship from London bound for the East Indies revolted to the King and went to Bristol having in her 28 pieces of Ordnance and above 30000 l. in Goods A party of the King's forces from Newark came forth to gather Contribution and took prisoners some Countrymen that were in arrear the Committee of Nottingham having notice thereof sent forth a party who pursuing those of Newark they left their prisoners and five or six of their men behind and hasted to their quarters Nottingham men followed them close and so far that another party of the Newark forces came forth upon them routed them recovered their prisoners and took of the Parliaments party Major Meldrum Lieutenant Smith and about 28 Souldiers with their arms and horses The Commons resumed the Debate about the new Titles of the King's Commissioners in the Safe Conduct for them and at last it was agreed That the new made Knights should have that Title given them because it was not a Title under the Great Seal And for the new made Earl and the two new Lords their new Titles were not given them in the Safe Conduct because they were granted by the King after the Great Seal was carried away from the Parliament and so Sir Peter Killegrew was sent away towards Oxford with the Safe Conduct thus corrected The Commons were moved for the Exchange of the Lord Brereton for Sir John Northcot but they denied it till his Lordship should declare the business of the killing of divers of the Parliaments friends in cold blood at Nantwich The City petitioned the supply of Plymouth which had been two years besieged and concerning matters of Trade and had thanks for their care The Commons finished the Ordinance for the new model of the Armies and past several Votes concerning Church Government Sir Peter Killegrew who went to Oxford on Saturday returned on Monday with the King's Answer That he waved the matters of honour and was content that his Commissioners should treat under those Titles that were admitted by the Parliament A complaint was made against Colonel Harvey by several Petitions particularly by Mr. Squire concerning 3000 l. taken from him by the Colonel or some of his Officers which was referred to a Committee to be examined Divers Compositions of Delinquents were allowed The Ordinance for raising and maintaining forces under the command of Sir Thomas Fairfax was sent up to the Lords An Ordinance was read for enabling the Scots to march Southwards Sir Charles Sherley and Mr. Devereux were sent for as Delinquents for sending a Challenge to a Member of the House of Commons who was also sent for Both Houses agreed that the three first days of the Treaty should be for Religion the three next for the Militia and another three days for Ireland and so alternis vicibus and sent these Votes to the Committee of both Kingdoms for the concurrence of the Scots Commissioners who desired some alterations upon which the Commons debated till ten at night and then adjourned the Debate till the next morning though it were the Fast Day Colonel Craford going from Aylesbury with about 80 horse to seek quarters met with about 120 of the King's men under Colonel Blake Governour of Wallingford and after a hot Dispute between them he routed Blake whom Craford wounded in a single charge between them two Blake escaped by the goodness of his horse all his men except 14 were killed and taken and some few desperately wounded and Craford lost but three men and some wounded News came from the West that Greenvile in discontent had pistolled Colonel Champernoun and his Brother The Commons sate all the Fast Day about the business of the Treaty the Lords sate in the after-noon and at length all was agreed with the Scots Commissioners that the Treaty is to be upon the three Propositions in order three days upon each and to begin with Religion And now some began to observe the difficulty if not inconvenience of carrying on their affairs with a concurrence of Commissioners of another Kingdom whereupon grew delays and difference of opinions and not overmuch inclination to submit to reason more than to will Letters from Colonel Jephson informed that Goring's forces had much endeavoured and offered great rewards for the betraying of Portsea-bridge and some who complied with him were apprehended that Goring was in Normandy beating up Drums for Souldiers to come for England A party of Goring's forces fell upon the quarters of some of the Parliaments forces near Farnham took forty Prisoners two Colours killed five or six of their Foot burnt a Barn full of Corn four Houses and set fire on several parts of the Town The Commons ordered Sir William Waller into the West to prevent these mischiefs The Covenant was ordered to be read in the Churches every Fast-day The Commons ordered a Letter for the speedy bringing up of the Scottish Army but many were not satisfied therewith A party of the King 's from Dunnington and Bazing going to joyn with the Lord Hopton by the way plundered the Countrey and surprized the West-countrey Carriers Colonel Devereux with a party from Marlborough fell upon them took Prisoners Sir Anthony Saint Leger their Commander in chief Major Hyde divers other Officers 30 Troupers 50 Horse and Arms and rescued the plunder Colonel Lucas was put out by the King from being Governour of Belvoir Castle and Sir Guy Palms put in his place and Sir John Byron was removed from being Governour of Newark upon jealousie that he held correspondence with some of the
to Pomfret and thinking if he were followed he should fight with more advantage Northward Fairfax sent out Ireton with a flying party of Horse who fell upon a party of the King's Rere quartered in Naseby Town took many Prisoners some of the Prince's Life-guard and Langdale's Brigade This gave such an alarm to the whole Army that the King at Midnight leaves his own quarters and for security hastens to Harborough where the Van of his Army was quartered raiseth P. Rupert and calls a Council of War There it was resolved and chiefly by P. Rupert's eagerness old Commanders being much against it to give Battel and because Fairfax had been so forward they would no longer stay for him but seek him out Fairfax was come from Gilborough to Gilling and from thence to Naseby where both Armies drawn up in Battalia faced each other The King commanded the main Body of his Army Prince Rupert and Prince Maurice the Right Wing Sir Marmaduke Langdale the Left the Earl of Lindsey and the Lord Ashley the right hand Reserve the Lord Bard and Sir George L'Isle the left Reserve Of the Parliaments Army Fairfax and Skippon commanded the Main Body Cromwel the Right Wing with whom was Rosseter and they both came in but a little before the Fight Ireton commanded the Left Wing the Reserves were brought up by Rainsborough Hammond and Pride P. Rupert began and charged the Parliaments Left Wing with great resolution Ireton made gallant resistance but at last was forced to give ground he himself being run through the Thigh with a Pike and into the Face with a Halbert and his Horse shot under him and himself taken Prisoner Prince Rupert follows the chase almost to Naseby Town and in his return summoned the Train who made no other answer but by their Fire-locks he also visited the Carriages where was good plunder but his long stay so far from the Main Body was no small prejudice to the King's Army In the mean time Cromwel charged furiously on the King 's Left Wing and got the better forcing them from the Body and prosecuting the advantage quite broke them and their Reserve During which the Main Bodies had charged one another with incredible fierceness often retreating and rallying falling in together with the But-ends of their Muskets and coming to hand blows with their Swords Langdale's men having been in some discontent before did not in this Fight behave themselves as they used to doe in others as their own party gave it out of them yet they did their parts and the rest of the King's Army both Horse and Foot performed their duties with great courage and resolution both Commanders and Souldiers Some of the Parliament horse having lingred awhile about pillage and being in some disadvantage Skippon perceiving it brought up his foot seasonably to their assustance and in this charge as himself related it to me was shot in the side Cromwel coming in with his victorious Right Wing they all charged together upon the King who unable to endure any longer got out of the Field towards Leicester P. Rupert who now too late returned from his improvident eager pursuit seeing the day lost accompanied them in their flight leaving a compleat Victory to the Parliamentarians who had the chase of them for 14 Miles within two Miles of Leicester and the King finding the pursuit so hot left that Town and hasts to Litchfield This Battel was wone and lost as that of Marston Moor but proved more destructive to the King and his party and it was exceeding bloody both Armies being very courageous and numerous and not 500 odds on either side It was fought in a large fallow Field on the North west side of Naseby about a Mile broad which space of ground was wholly taken up On the Parliaments side were wounded and slain above 1000 Officers and private Souldiers M. G. Skippon an old experienced Souldier was ordered to draw up the form of the Battel he fought stoutly that day and although he was sorely wounded in the beginning of the Fight and the General desired him to go off the Field he answered he would not stir so long as a man would stand and accordingly staid till the Battel was ended Ireton was dangerously hurt and taken Prisoner for a while after he had done his part but in the confusion of the Fight got loose again and saw the Victory atchieved by his party The General had his Helmet beat off and riding in the field bare headed up and down from one part of his Army to another to see how they stood and what advantage might be gained and coming up to his owne Life Guard commanded by Colonel Charles D'Oyley he was told by him that he exposed himself to too much danger and the whole Army thereby riding bare headed in the fields and so many Bullets flying about him and D'Oyley offered his General his Helmet but he refused it saying it is well enough Charles and seeing a Body of the King's foot stand and not at all broken he asked D'Oyley if he had charged that Body who answered that he had twice charged them but could not break them With that Fairfax bid him to charge them once again in the front and that he would take a commanded party and charge them in the Rere at the same time and they might meet together in the middle and bad him when Fairfax gave the sign to begin the charge D'Oyley pursued his General 's Orders and both together charging that Body put them into a confusion and broke them and Fairfax and D'Oyley met indeed in the middle of them where Fairfax killed the Ensign and one of D'Oyley's Troupers took the Colours bragging of the service he had done in killing the Ensign and taking the chief Colours D'Oyley chid the Trouper for his boasting and lying telling him how many witnesses there were who saw the General doe it with his own hand but the General himself had D'Oyley to let the Trouper alone and said to him I have honour enough let him take that honour to himself Both the General and the Lieutenant General performed their work with admirable resolution and by their particular examples infused valour into their followers so likewise did the other Officers of whom divers were wounded On the other side the King shewed himself this day a courageous General keeping close with his Horse and himself in person rallying them to hot encounters The Earl of Lindsey Lord Ashley Col. Russel and others wounded performed their parts with great gallantry 20 Colonels Knights and Officers of note and 600 private Souldiers were slain on the King's part but much more was the dammage he susteined by those taken That is 6 Colonels 8 Lieutenant Colonels 18 Majors 70 Captains 8 Lieutenants 200 Ensigns and other inferiour Officers 4500 common Souldiers besides 100 Irish women and many other women who followed the Camp 13 of the King's Houshold-servants 4 of his footmen 12
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
from the English Forces The Commissioners of Parliament arrived with the propositions for Peace at New-Castle and were visited the same day by General Leven and the King appointed them to present the propostions the next day A List was sent up to the Parliament of those that marched sorth of Worcester upon the rendition of it The Earl of Shrewsbury Lord Talbot Lord Brereton sixteen Knights forty four Equires eleven Colonels nine Lieutenant Colonels fifteen Majors seventy Captains forty nine Lieutenants twenty four Ensigns of Horse forty Ensigns of Foot one Bishop many Doctors and Clergymen and many Ladies They left there twenty eight pieces of Cannon six Drakes and sling-pieces Arms three thousand Provisions for six months and Ammunition 28. Every Friday ordered for Debate how the Gospel might be Preached in some dark places of this Kingdom Letters from Sir Tho. Fairfax of the Particulars of the Surrender of Wallingford and the House approved Adjutant Evelin to be Governor there who was nominated by the General Order for imployment of the Forces in the Counties of Oxon Berks and Bucks for the Service of Ireland Upon Letters from Sir Tho. Fairfax of some breaches of Articles which he had made the House took care that right should be done and appointed a Committee to hear Complaints of that nature Order to apprehend Capt. Conningham come from the Queen to New-Castle because he had formerly broke the Prison of the Parliament the like order was to apprehend Mr. Buchannon Order to slight all the Garrisons in Glocester-shire except Glocester and to reduce the Forces there to a less number The Duke of York came to Town and was met by the Earl of Northumberland and divers Lords and Gentlemen and conveyed in great and fitting state to St. Jameses where his Oxford retinue was dismiss'd and new Servants placed about him The Princess Henrietta was conveyed away from Oatlands Letters informed the Surrender of Wallingford Castle That Col. Blagge sold the Corn and Provisions there and put the Money in his own purse without giving one penny of it to the Soldiers though much pay was in arrears to them and they were so much discontented at the greediness of their Governor that they fell into a Mutiny which caused Blagge to surrender the Castle two days sooner than it was agreed to be They left in it fourteen pieces of Ordnance store of Arms Ammunition and some Provisions and marched a thousand Foot beside Horse out of it Rutland Castle surrendred to C. Mitton with all the Arms and Ammunition in it 29. The Monthly Fast day Letters informed the sad condition of the Protestants in Ireland the Rebels prevailing there that they lately took Roscommon and put all the English there to the Sword then they took Bonratty which held out three Months and there also they put the English and Scotch to the Sword 30. Order for a considerable Force to be sent over into Ireland and for such as were willing of M. General Masseys Brigade to go over thither under their own Officers A Regiment of five hundred Horse ordered for Col. Coote for the Irish Service and for supernumerary Forces in all Counties Another Regiment of five hundred Horse ordered for Col. Lidcote for Ireland and an order for forty thousand pounds for Ireland 31. Debate of the business of Ireland and voted that none of the Forces of Sir Tho. Fairfax his Army should be taken off to be sent thither but four Regiments of Foot and three Regiments of Horse of the Forces of the several Garrisons dismantled and of the Counties where there was no present use of them Upon hearing a Petition of Adjutant Grey and Mr. Steward against an illegal Decree made by Sir George Ratcliffe in Ireland against them the House ordered fifteen hundred pounds to Mr. Steward and four hundred pounds to Adjutant Grey out of Sir Geroge Ratcliff's Estate Reference to a Committee to compute the arrears of some Reformadoe Officers that course may be taken for their pay Moneys ordered for the Duke of Glocester Order to demand of the Commissioners of Scotland here the Rendition of Belfast in Ireland More Letters came of the Particulars of the Surrender of Worcester much to the same effect as is before mentioned with an order of the Committee of Worcester-shire to take the Mace and Sword and Seal of that City into their possession That Serjeant Welde who went from the Parliament thither was chosen to be their Recorder with other particulars Letters from Newcastle certified that the Commissioners had presented the Propositions for Peace to his Majesty and acquainted him that they had but ten days allowed them to attend for his Majesties answer which they desired he would be pleased to give them within that time That the King desired longer time for him to consider and give his answer to all those propositions and matters of so great weight as they were but being told by the Commissioners that they had no longer time allowed to them but ten days only after which time they were commanded to return back to the Parliament his Majesty told them that within that time they should receive his answer to the propositions August 1646. August 1. The House sate not nor did any intelligence come this day 3. Letters from Newcastle informed that upon the Commissioners presenting the propositions to the King he asked them if they had any power to Treat they answered they had not then the King replyed saving the honour of the business an honest Trumpeter might have done as much That the Scots Lords and Officers begged of the King to sign the Propositions A Proclamation at Newcastle forbidding all Malignants to come to the King the Provost and Baylies of Edingborough Petitioned the King to grant the propositions Col. Birch entred some of the works of Gotherich Castle whereupon the Garrison hung out a white Flag for Parley which Birch refused and went on Storming and they all submitted to Mercy In the Castle besides the Governor Sir Henry Lingen were fifty Gentlemen and a hundred and twenty Soldiers with Arms Ammunition and Provisions Ragland Castle held out and made some Sallies but were beaten back Col. Birch and Col. Rainsborough went to assist Col. Morgan in that Siege and the General himself went thither Pendennis Castle had some relief by Sea the Arch-Bishop received some loss at Conwey Denbigh Castle held out against the Parliament and Film Castle seemed tractable to come to a Treaty 4. Order to transport the Forces of Major General Laugherne into Ireland and that the Forces in the several Counties that will list themselves for Ireland shall have a Months pay and those that will not to be disbanded their Officers are to march with those that go to the water side if they will not go over into Ireland Bristol Chester and Leverpoole appointed to be rendezvous for the Soldiers to take shipping for Ireland and orders for Cloaths Victuals and
informed that the Parliaments Commissioners were come to Newcastle and that the King had appointed them a time for Audience February 1646. February 1. Divers new Members took the Covenant and ordered that those who have not yet taken it shall by a day take it or be suspended The Preamble and Ordinance pass'd both Houses for a day of Humiliation that God would stop the growth of Heresie and Blasphemy The Lords sent to have Mr. Barrill added to the Privy Councellors of Ireland but it was not assented to by the Commons Upon a Petition of the Inhabitants of Westminster referred to a Committee to consider of a maintainance of two hundred pound per An. for Mr. Marshall their Minister Letters from the North informed that the Scots were upon their March That the Commissioners attended his Majesty about his going to Holmeby That the Scots Parliament carried it but by two Votes for the Kings not coming to Scotland That the King asked the Scots Commissioners why he might not go into Scotland when he came to their Army for protection They answered him because he refused to sign the Convenant and Propositions therefore they were to deliver him to the Commissioners of the Parliament of England who were come to attend him to Holmeby House The King desired the English Commissioners to sent to the Parliament that he might have two Chaplains who had not taken the Covenant to go with him to Holmeby which they excused as that which would not be for his Majesties service and much other discourse he had with them and some reported he used the expressions that he was bought and sold The Dutch Ship went away from Newcastle Harbour Complements pass'd between the English and Scots and Proclamation was made by General Leven that all his Soldiers should pay off their quarters at their departure 2. Debate about a Declaration of the Lords that the Compositions at Goldsmiths Hall were not by Ordinance and the Sequestrators of the Counties not bound to obey them A Committee appointed to draw reasons to satisfie the Lords herein Many Complaints and Cavils were made against the Officers and Soldiers of the Army as such who held Erroneous and Schismatical Opinions contrary to the true Doctrine and that they took upon them to Preach and expound Scripture not being learned or ordained and some of the Kings Party were not wanting to soment these things and to raise an odium upon the Army in the peoples minds And those who so lately were in their highest esteem and respect as freers of their Countrey from Servitude and Oppression are now by the same people looked upon as Sectaries and Oppressors themselves Thus we may see the inconstancy of the giddy Multitude and the uncertainty of Worldly Affairs when their turns are served their minds change their best friends when they relieve them are counted their enemies when they are relieved the best course is to provide for such a condition as will always afford comfort and will never change not to trust in men but in God alone Referred to a Committee to consider a Petition of two Committee men who were sued at Law for what they did as Committee men The Scots marched out of Newcastle and the English entered it and Tinmouth The King would not hear Mr. Marshall nor Mr. Carryll Preach because he had not submitted to the Directory of Worship Proclamation by General Leven that if any in Newcastle had any Debt owing to him by the Scots he should come to the General and receive it A Party of Ormonds Forces marched into the Rebels Quarters fifty miles and took from them three or four thousand Cows and in their March back being careless Oneal's men fell on them rescued the Cows and spoyled three of Ormond's Troops Captain Pen took four Vessels from the Rebels 3. Conference about the Lords Declaration concerning Compositions That Lords were joyned in that Committee that this difference between the two Houses and at this time would be of evil Consequence Letters informed that the Mayor of Newcastle delivered the Keys of the Town to Major General Skippon who took possession of it The Parliaments Commissioners received the King into their Charge lodged in the same House and intended to watch by turnes Carlisle and Berwicke were upon slighting 4. Instructions for the Commissioners going to the Parliament of Scotland and a Letter agreed to be sent from both houses here to the Parliament in Ireland desiring that Belfast in Ireland may be surrendred to their Forces there An Ordinance read for selling certain Delinquents Estates for satisfaction of a debt due to Mr. Pennoyer and Mr. Hill for Provisions sent by them into Ireland A Bill of Exchange from the Commissioners in the North complyed with Order for the next Summers Fleet. Incivility of Officers to a Committee for their Accounts Lords added to the Committee at Goldsmiths Hall 5. Grand Committee about the Ordinance against such as Preach not being Ordained 5. Several Sheriffs appointed and Judges for Circuits agreed upon The Plate of the Chappel at White-Hall ordered to be sold Order for three thousand pound to defray the charges of the Kings Journey to Holmeby Letters to the Commissioners attending him That none be placed about the King but Persons well affected c. 8. Debate by the Lords about the City Petition and they voted that those who should refuse to take the Covenant should bear no Office Civil or Military Lords concurrence for Sheriffs and for Judges to ride the Circuits The King removed from New-castle to Durham and at his going out a Proclamation was made that none who had served against the Parliament should come near his Majesty The Commissioners were attended by nine hundred Horse One being admitted to kiss the Kings hand delivered to him a Letter in Characters The last hundred thousand pound paid to the Scots Care by Major General Skippon that any Scots who were left behind sick in New-castle should not be disturbed The Kings Letter in Characters referred to Mr. Wakerly to open the meaning of it and thanks ordered to their Commissioners and additional instructions and power ordered to be given to them Four shillings per Chaldron upon New-castle Coals continued for maintenance of that Garrison Order for a Declaration touching the Excise and continuing of it and referred to a Committee to prevent the Insolencies and exorbitancies of the Sub-Commissioners The Ordinance pass'd for establishing the Committee of Goldsmiths Hall of Members of both Houses and others The Lords recalled their former Declaration against the Committee of Goldsmiths Hall 9. Vote of the Lords that Sir Jo. Brampston shall sit in their House as an assistant Petition of some Apprentices that they may have a play-day once in a Month. Debate upon the Ordinance for regulating Oxford Complaints to the General of Suits against Soldiers and Countrey-men for horses taken from the enemy in the War The King came to Rippon 10. Debate of the Oxford Ordinance Visitors named
of this business and had a hundred pound given him Sir Robert Pye and his Officers had thanks and pay for bringing off his Troop for Ireland the like for Col. Grave's Regiment and for other Officers and Soldiers and Quarters assigned them The Ordinance for further Indemnity and the Declaration to recall the former Declaration against the Army-pass'd the Commons Order for ten thousand pound for Soldiers late in Service The Lords agreed to the Votes concerning the Army Order for all the Members of the House forthwith to attend At a Conference between the Scots Commissioners and the Committee of both Houses the Lord Dumferling acquainted them that the King commanded him to tell them that his Majesty was unwillingly taken away by a Party of the Army and that he desired both Houses to maintain the Laws of the Land and that though his Majesty might sign many things in this condition yet he would not have them believed till further notice from him Upon occasion of this and other urgent business the House ordered to sit to morrow though the Lords day after four a clock and that Mr. Marshal be desired to pray with them Letters from the Army that the Rendezvous was held near Bury seven Regiments of Foot and six of Horse appeared Col. Whaley's Regiment was dispatched to Holmeby upon intelligence of the Party of the Army marched thither and the General sent to the Parliament the grounds of the Soldiers undertaking of themselves the business of Holmeby which they sent to the General which were That they had intimation of a design which they were able to make good of some to surprize him Col. Graves was discharged from that imployment at Holmeby and Col. Whaley in his place At the Rendezvous a Petition in the name of the Soldiery of the Army was presented to the General to this effect That they could not be satisfied with their Arrears or other returns unless they had assurance that their Enemies might not be their Judges for the future The General went to every Regiment and expressed to them that the Parliament took notice of their Civil and fair demeanour and had taken a course to satisfie their Arrears and doubted not but they would answer their other grievances advised them to moderation and discretion and not to fall into any mutinous expressions against the Parliament The Soldiers entertained him with shouts and acclamations 6. After Evening Sermon this Lords-day the House met and aftere Prayer by Mr. Marshall they fell upon the business of the Army And a Letter from the General was Read To know the pleasure of the Houses-concerning the disposal of the Kings person and the reasons given by the Souldiers for fetching him from Holmeby and the further Petition from the Souldiers of the Army Letters informed That the King asked the Troopers that brought him from Holmeby What Commission they had for so doing Cornet Joyce who Commanded them answered That His Majesty saw their Commission the King replyed That it had the fairest Frotispiece of any that he ever saw being five hundred proper men on Horseback Collonel Whaley was sent to stay the King where ever he finds him His Majesty was used with all Civility but kept with a Guard as formerly The Souldiers Petitioned the General to Cashiere such Officers as went about to divide the Army Collonel Lilburnes Regiment Cashiered some of their Officers because they Voted contrary to the rest 7. Letters from the General of the Souldiers bringing His Majesty from Holmeby and he would be at New-Market the next day and the ground of the Souldiers doing it as before That he sent Collonel Whaley and two other Regiments towards the King to secure him Whaley Certified that the King was come within four Miles of Cambridg and not willing to return to Holmeby the General sent to the Commissioners to desire them to return to Holmeby but they refused to act concerning disposing the King The General professeth that this remove was without the desire or privity of him or the body of the Army A Guard upon the King by Collonel Whaley and the General protests his resolution and the Armies to study to settle peace and the just liberties of the people and the Parliaments speedy application to these will further the Disbanding of the Army whose sence is clear from opposing Presbytery or have Independent Government set up or to hold a licentiousness in Religion but to leave all to the wisdom of the Parliament Vote to send down new Commissioners to the Army to acquaint them what the Parliament had done in satisfaction of their desires and to persuade them to a compliance with the Parliament the Lords concurred the Commissioners were the Earl of Nottingham Lord De la Ware Sir Henry Vane Jun. Skippon Scowen and Mr. Porey who went away this day Mr. Marshall and Mr. Carry discharged from attendance upon the Commissioners with the King Order for a Fast for the House only and in the House the Lords did the like Debate about the Vote of the Lords to remove His Majesty to Oatlands and resolved in the Negative The large Act of Indemnity past Leave to the Earl of Dumferling to go into France The Lords Ordered the Committee of Derby-House to take care for the security of the Parliament Letters informed a great defeat given by Sir Charles Coot to the Rebels in Ireland one thousand of them slain 8. Petition of London commanded by the Lord Mayor Aldermen and Common-Councel That all honourable means may be used to avoid shedding of more blood to give just satisfaction to the Army That the Covenant may be kept and His Majesties person preserved and both Parliaments have access to him and that Ireland may be relieved and to renew an Ordinance to suppress Tumults and prevent danger to the Parliament and City A Committee named to bring in an Ordinance according to the desire of the Petitioners and they had the heartiest thanks that the House could express for their constant affections to the Parliament and for providing Guards so seasonably for the safety of the Parliament and the continuance of their care desired Both Houses passed the Ordinance for making void the former Declaration against the Army and another for Recreation of Scholars Apprentices and Servants A very rude Address was made to the House by Reformadoes and Common Souldiers within the Line who blockt up the House door about two hours and would let no Member pass till the House granted them all their Arrears The House were in a sort forced to Order their Accompts to be stated and ten thousand pounds more than formerly added for their payment Orders for some Members to go to the States Ambassadours to excuse any mistakes and to desire the Unity and Affection of both Nations Another for three hundred pounds for the Commissioners going down to the Army and for Mr. Thomas Goodwyn to go with them That the Militia be desired to send down a
of the worst of excepted Persons some course may be taken by a general Act of Oblivion or otherwise whereby the seeds of future War or Fears may be taken away In these Declarations and transactions of the Army Col. Ireton was chiefly imployed or took upon him the business of the Pen. And having been bred in the middle Temple and learned some grounds of the Law of England and being of a working and laborious Brain and Fancy he set himself much upon these businesses and was therein encouraged and assisted by Lieutenant General Cromwell his Father in Law and by Col. Lambert who had likewise studied in the Inns of Court and was of a subtle and working brain An Account was given by the Commissioners of the City of their transactions with the Army and was approved by the House A Petition was presented to the General in the name of Bucks men subscribed by a thousand hands extolling the merits and atchievements of the General and Army and expressing their readiness to joyn with them to bring to just Censures any that should endeavor to make them odious to the Parliament or Kingdom Both Houses ordered That the several Orders made by the Committee of Safety for the Listing and drawing together of any Forces of Counties shall be void and also the Order for Col. Dalbier and others to bring in a list of such Gentlemen and Reformadoes as are willing to ingage in the Parliaments Service 17. Orders for securing of Arms and Ammunition and for a Pass for the Lord Lotherdale and other Scots to go the King and for a Months pay for the Army in part of the three months pay for disbanding or ingaging for Ireland Orders for a Letter to the General to require him to retreat with his Army forty miles from London and another to the Commissioners in the Army to acquaint them with the votes for a Months pay Upon Letters from Col. Blunt of the misdemeanors of Sir Robert Pyes Troopers in Kent the examination thereof and the easing of the County of Kent referred to a Committee An Ordinance pass'd for indemnity of the Forces that deserted the Army Order for a Months pay for Col. Rossiters Regiment and for the Forces of Tinmouth and Newcastle A Petition from Hartfordshire subscribed with twelve hundred hands and presented by two hundred Knights and Gentlemen to the General much to the same effect as the former from Essex Bucks c. and that Malignants might not be elected Members of Parliament nor put in any places of trust and that the Parliament and others who had received any of the Parliaments Money might be called to account 18. Orders for issuing Money for Soldiers and for Guards for the Treasurers The Letter from the Common-Council of London to the Army now brought to the House was not approved of 19. A second Letter from the Common-Council to Sir Thomas Fairfax was brought to the House for their approbation and after a long debate the House left the Common-Council to themselves to write what Letter they thought fit to the General and they sent one to the General and his Officers The Commissioners attending the King sent to Sir Thomas Fairfax to know his Answer to the Votes concerning the disposal of the Kings person to Richmond The Lord Mayor with the advice of the Aldermen and Common-Council published a command for all the Trained-Bands and Auxiliaries to appear at their Colours taking notice of their former backwardness for suppressing of tumults and unlawful Assemblies in the City It was strange to see how several Counties and the Citizens of London began to make all their applications to the General and Army omitting the Parliament and all looked upon the Army in the chief place and were affraid of doing any thing contrary to them Mr. Peters went to the King to New-Market and had much discourse with him 21. Letters from Major General Laugherne of an Insurrection in Wales who declared themselves for the King and Sir Thomas Fairfax and the Major General went to suppress them Letters from Major General Pointz for Commission to stop the mutinying of the Soldiers and for Pay for them Sir Peter Killegrew sent with Letters to the Commissiones attending the King and to the King with the Votes for his removing to Richmond Votes Passed upon the representation of the Army 1. That no Person that hath been in actual War against the Parliament or acted in the Commission of Array or voluntarily aided the King or received Pardon from him shall presume to sit in the House 2. That if they do sit they shall incur the displeasure of the House 3. That the Committee for examining such cases be revived 4. That a Declaration be brought in for any who have any charge against any Member of the House to come in 5. That the Committee bring in by a day such charges as are already before them against by any Members 6. That the Report of Elections be brought in by a short day Orders for Pay of the Soldiers Divers Censures pass'd upon the Parliament for their Cow Votes and resolution to comply with a Mutinous Army who had their Pay and Power from them Others approved them as prudent respecting the time and to avoid blood Some wished the first Votes and severe prosecuting the business of disbanding had been declined which occasioned this trouble Cromwell began now to mount still higher and carried his business with great subtilty An Impeachment was against his Enemies in Parliament and business of the Army guided by his Son in Law Ireton and others under Cromwell Letters from Sir Thomas Fairfax of his submission to the Votes of Parliament for the Kings going to Richmond and the House ordered the house to be prepared for him The Agitators of the Army sent to the Trinity-House concerning the Navy Ordered that Sir Robert Pye's Troop do not return to the Army without leave of the Parliament Sir Thomas Fairfax published a Proclamation that no Soldier of his Army molest any Countrey men or others or abuse any in their Quarters or Marches 22. Letters from the General and Commissioners in the Army of the receipt of the Parliaments Votes and the Moneths Pay and that shortly there would be a Council of War about them and then would be returned a positive and no doubt a satisfactory answer Order for proceedings against Judge Jenkins and Mr. Sollicitor St. John Sergeant Jermyn Mr. Bradshaw and Mr. Prynne to prosecute him Order for a Months Pay for the Forces of the Northern Association and for Major General Pointz to secure such as disturb his Forces and to quiet his Regiments Order to put out the Justices of Peace as were of the Insurrection in Wales and the Letters of Major General Laugherne to be sent to the G. desiring him to take care for quieting those distempers about which the General sent to them and for supplyes for Laughernes Forces The Ordinance pass'd for
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
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
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
another over Tame Our Foot disputed the Hedges with much Courage and Resolution the Fight began on the other side Severne and our Foot from this side began it they clearing the way for the rest to come over after them The Right Wing of Lieutenant General Fleet-woods Forces came over the Bridge of Tame while the Left Wing disputed the Bridge at Poyke which Dispute lasted a long time and was very hot but the Lord gave our Men to gain ground of the Enemy till we had beaten them out of the Ground While this was doing the Enemy Rallying made a very bold Sally out on this side of the Town and came with great Bodies of Horse and Foot supposing most of our Army had been drawn out on the other side they gave our Men a very hot Salute and put them to a little retreat and disorder But in a short while the Lord gave us Victory on this side also our Foot did very Noble and Gallant Service and they disputed with them not only the Hedges but followed them boldly to the very Mouth of their Canon which was planted on their Mountain-Works At length we gained their Works and planted their Guns against them in the Town and we hear that some of our Horse and Foot are in the North and East end of the Town the night came on so fast that we could not pursue further Most of their Horse escaped but my Lord General dispatched Major General Harrisons Brigade after them we cannot yet give an account who are taken or slain but we conceive the number of their Slain far exceeds the number of the Prisoners but I guess the number of the Killed and Taken to be about 8 or 10000. Tomorrow we shall be able to give you fuller relation Our Quartermaster-General and Captain Jones is slain and Mr. Howard Captain of the Life-guard is wounded and Major General Lamberts Horse was shot under him Yours to serve you Robert Stapleton Sept. 3. 1651. Other Letters came to the same effect 5. Letters of the Militia Troops riding up and down the Counties to prevent Insurrections Of a Pinnace of the Earl of Derbies taken by one of the Parliaments Ships A Letter from General Cromwel to the Speaker of the Victory at Worcester but the Particulars in one following 6. A more particular Letter from the Lord General Cromwel to the Parliament thus I am not able yet to give you an exact Account of the great things the Lord hath done for this Common-wealth and for his People and yet I am unwilling to be silent but according to my Duty shall represent it to you as it comes to hand This Battle was fought with various Success for some hours but still hopeful on your part and in the end became an absolute Victory and so full an one as proved a total Defeat and Ruine of the Enemies Army and Possession of the Town our Men entring at the Enemies heels and fighting with them in the Streets with very great Courage took all their Baggage and Artillery What the Slain are I can give you no Account because we have not taken an exact View but they are very many and must needs be so because the Dispute was long and very near at hand and often at push of Pike and from one defence to another There are about 6 or 7000 Prisoners taken here and many Officers and Noble-men of Quality Duke Hamilton the Earl of Rothes and divers other Noble-men I hear the Earl of Lauderdale many Officers of great Quality and some that will be fit Subjects of your Justice We have sent very considerable Parties after the flying Enemy I hear they have taken considerable numbers of Prisoners and are very close in the Pursuit Indeed I hear the Country riseth upon them every where and I believe the Forces that lay through Providence at Bewdley and in Shrop-shire and Stafford-shire and those with Collonel Lilburne were in a condition as if this had been foreseen to intercept what should return A more particular Account than this will be prepared for you as we are able I heard they had not many more than 1000 Horse in their Body that fled and I believe we have near 4000 Forces following and interposing between them and home Their Army was about 16000 strong and fought ours on Worcester side Severne almost with their whole whilst we had ingaged half our Army on the other side but with Parties of theirs Indeed it was a stiff Business yet I do not think we have lost 200 Men your new raised Forces did perform singular good Service for which they deserve a very high Estimation and Acknowledgement as also for their willingness thereunto For as much as the same hath added so much to the Reputation of your Affairs they are all dispatched home again which I hope will be much for the ease and satisfaction of the Country which is a great Fruit of the Successes The Dimensions of this Mercy are above my Thoughts it is for ought I know a Crowning Mercy surely if it be not such a one we shall have if this provoke those that are concerned in it to Thankfulness and the Parliament to do the Will of him who hath done his Will for it and for the Nation whose good Pleasure is to establish the Nation and the Change of the Government by making the People so willing to the Defence thereof and so signally to bless the Endeavours of your Servants in this late great Work I am bold humbly to beg that all Thoughts may tend to the promoting of his Honour who hath wrought so great Salvation and that the Fatness of these continued Mercies may not occasion Pride and Wantonness as formerly the like hath done to a Chosen People But that the Fear of the Lord even for his Mercies may keep an Authority and a People so prospered and blessed and witnessed to humble and faithful that Justice and Righteousness Mercy and Truth may flow from you as a Thankful Return to our Glorious God this shall be the Prayer of Sir Your most Humble and Worcester Sept. 4. 1651. Obedient Servant O. Cromwell The Parliament ordered a Thanks giving-day and the Letters of the General to be read by the Ministers From Major General Harrison We are in Pursuit of the Enemy about 4000 we have taken more already of them 1400 Horse and Foot many considerable Persons among them the Lord Cleveland and the Earl of Derby they make no resistance when any of ours overtake them but ride Post and in great confusion their King being the foremost Mr. Scot and Major Salleway returned from Worcester a particular Account they could not give because all things were then in confusion Lords Knights and Gentlemen were then plucking out of holes by the Soldiers The Common Prisoners they were driving to the Cathedral Church in Worcester and what with the dead Bodies of Men and the dead Horses of the Enemy filling the Streets there was such a
their parts Provided this liberty be not extended to Popery or Prelacy nor to such as under the profession of Christ hold forth and practise Licentiousness XXXVIII That all Laws Statutes Ordinances and Clauses in any Law Statute and Ordinance to the contrary of the aforesaid Liberty shall be esteemed as null and void XXXIX That the Acts and Ordinances of Parliament made for the Sale or other Disposition of the Lands Rents and Hereditaments of the late King Queen and Prince of Arch-bishops and Bishops c. Deans and Chapters the Lands of Delinquents and Forest Lands or any of them or of any other Lands Tenements Rents and Hereditaments belonging to the Commonwealth shall no way be impeached or made invalid but shall remain good and firm And that the securities given by Act and Ordinance of Parliament for any sum or sums of money by any of the said Lands the Excise or by any other Publick Revenue and also the Securities given by the Publick Faith of the Nation and the engagement of the Publick Faith for satisfaction of Debts and Damages shall remain firm and good and not be made void and invalid upon any pretence whatsoever XL. That the Articles given to or made with the Enemy and afterwards confirmed by Parliament shall be performed and made good to the persons concerned therein And that such Appeals as were depending in the last Parliament for relief concerning Bills of Sale of Delinquents Estates may be heard and determined the next Parliament Any thing in this Writing or otherwise to the contrary notwithstanding XLI That every successive Lord Protector over these Nations shall take and subscribe a solemn Oath in the presence of the Council and such others as they shall call to them That he will seek the Peace Quiet and Welfare of these Nations cause Law and Justice to be equally Administred and that he will not violate or infringe the matters and things contained in this Writing and in all other things will to his Power and to the best of his understanding govern these Nations according to the Laws Statutes and Customs XLII That each person of the Council shall before they enter upon their Trust take and subscribe an Oath That they will be true and faithful in their Trust according to the best of their knowledge And that in the Election of every Successive Lord Protector they shall proceed therein impartially and do nothing therein for any promise fear favor or reward The Oath taken by His Highness Oliver Cromwel Lord Protector WHereas the Major part of the last Parliament judging that their sitting any longer as then constituted would not be for the good of this Common-wealth did Dissolve the same and by a Writing under their hands dated the Twelfth day of this instant December resigned unto Me their Powers and Authorities And whereas it was necessary thereupon That some speedy course should be taken for the settlement of these Nations upon such a Basis and Foundation as by the Blessing of God might be lasting secure Property and answer those great ends of Religion and Liberty so long contended for And upon full and mature Consideration had of the Form of Government hereunto annexed being satisfied that the same through Divine Assistance may answer the Ends afore-mentioned And having also been desired and advised aswell by several Persons of Interest and Fidelity in this Commonwealth as the Officers of the Army to take upon Me the Protection and Government of these Nations in the manner expressed in the said Form of Government I have accepted thereof and do hereby declare My acceptance accordingly And do promise in the presence of God That I will not violate or infringe the matters and things contained therein but to My power observe the same and cause them to be observed and shall in all other things to the best of My understanding Govern these Nations according to the Laws Statutes and Customs seeking their Peace and causing Justice and Law to be equally administred O. Cromwel Oliver Cromwell Captain General of all the Forces of this Commonwealth and now declared Lord Protector thereof did this Sixteenth day of December One thousand six hundred fifty three Sign this Writing and solemnly promise as is therein contained in presence of the Lords Commissioners of the Great Seal of England who Administred the same Oath and of the Lord Mayor and Aldermen of the City of London divers of the Judges of the Land the Officers of State and Army and many other persons of Quality The Writing mentioned in the Oath was in these Words December 12. 1653. UPon a Motion this day made in the House that the sitting of this Parliament any longer as now Constituted will not be for the good of the Commonwealth And that therefore it was requisite to deliver up unto the Lord General Cromwel the Powers which they received from him These Members whose Names are underwritten have and do hereby resign their said Powers to his Excellency The same Day the Council did set forth this Proclamation BY THE COUNCIL WHereas the late Parliament Dissolving themselves and resigning their Powers and Authorities The Government of the Commonwealth of England Scotland and Ireland by a Lord Protector and Successive Trienial Parliaments is now Established And whereas Oliver Cromwell Captain-General of all the Forces of this Commonwealth is declared Lord Protector of the said Nations and hath accepted thereof We have therefore thought it necessary as we hereby do to make Publication of the Premises and strictly to Charge and Command all and every person and persons of what quality and condition soever in any of the said three Nations to take notice thereof and to conform and submit them selves to the Government so established And all Sheriffs Majors Bayliffs and other Publick Ministers and Officers whom this may concern are required to cause this Proclamation to be forthwith Published in their respective Counties Cities Corporations and Market Towns To the end none may have cause to pretend ignorance in this behalf Given at White-Hall this sixteenth day of December 1653. 17 The new Lord Protector observed new and great State and all Ceremonies and respects were paid to him by all sorts of Men as to their Prince 19 Letters that the Highlanders dispersed themselves for their Levys and intended to force unreasonable Contributions That some of them near Durham robbed the Post Boy took away his Letters Horse Coat and Twenty pence in money That Major Murryhead was taken Prisoner by a Party of the English he being on his Journey to the Highlanders That Captain Lisle with a Party of the English Army fell into the Enemies Quarters and took Two Captains one Cornet one Quarter-Master a Corporal and twenty private Souldiers and about forty Horse and some Armes fired the House and killed three Men and lost not one Man and but one wounded in the Thigh That by Order Captain Lisle met with Collonel Morgan and they marched seven Miles into the Highlands
the Shires and Borroughs of Scotland by their Deputies convened at Dalkeith and again at Edenburgh did accept of the said Vnion and assent thereunto For the compleating and perfecting of which Vnion Be it Ordained And it is Ordained by his Highness the Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging by and with the advice and consent of his Council That all the People of Scotland and of the Isles of Orkney and Zethland and of all the Dominions and Territories belonging unto Scotland are and shall be and are hereby Incorporated into Constituted Established Declared and Confirmed one Commonwealth with England And in every Parliament to be held Successively for the said Common-wealth thirty persons shall be called from and serve for Scotland And for the more effectual preservation of this Vnion and the freedom and safety of the People of this Common-wealth so united Be it Ordained And it is Ordained by the Authority aforesaid That all the people of Scotland and of the Isles of Orkney and Zethland and of all the Dominions and Territories belonging unto Scotland of what Degree or Condition soever be discharged of all Fealty Homage Service and Allegiance which is or shall be pretended Due unto any of the Issue and Posterity of Charles Stewart late King of England and Scotland or any Claiming under him or that Charles Stuart Eldest Son and James called Duke of York second Son and all other the Issue and Posterity of the said late King and all and every person and persons pretending Title from by or under him are and be disabled to hold or enjoy the Crown of Scotland and other the Dominions thereunto belonging or any of them or to have the Name Title Stile or Dignity of King or Queen of Scotland or to have and enjoy the Power and Dominion of the said Kingdom and Dominions or any of them or the Honours Mannors Lands Tenements Possessions and Hereditaments belonging or appertaining to the said Crown of Scotland or other the Dominions aforesaid or to any of them any Law Statute Vsage Ordinance or Custom in Scotland to the contrary hereof in any wise notwithstanding And it is further Ordained by the Authority aforesaid That the said Office Stile Dignity Power and Authority of King of Scotland and all right of the Three Estates of Scotland to Convocate or Assemble in any General Convocation or Parliament and all Conventional and Parliamentary Authority in Scotland as formerly Established and all Laws Vsages and Customs Ordaining Constituting or Confirming the same shall be and are hereby and from henceforth abolished and utterly taken away and made null and void And that this Vnion may take its more full Effect and intent Be it further Ordained by the Authority aforesaid That the Arms of Scotland viz. a Cross commonly called Saint Andrews Cross be received into and born from henceforth in the Arms of this Common-wealth as a Badge of this Vnion and that all the Publick Seals Seals of Office and Seals of Bodies Civil or Corporate in Scotland which heretofore carried the Arms of the Kings of Scotland shall from henceforth instead thereof carry the Arms of this Commonwealth And be it further Ordained by the Authority aforesaid That all Customes Excise and other Imposts for Goods transported from England to Scotland and from Scotland to England by Sea or Land are and shall be so far taken off and discharged as that all Goods for the future shall pass as free and with like Priviledges and with the like Charges and Burdens from England to Scotland and from Scotland to England as goods passing from port to port or place to place in England and that all Goods shall and may pass between Scotland and any other part of this Commonwealth or the Dominions thereof with the like Privileges Freedom Charges and Burdens as such Goods do or shall pass between England and the said parts and Dominions any Law Statute Vsage or Custom to the contrary thereof in any wise notwitstanding And that all goods prohibited by any Law now in force in England to be transported out of England to any Foreign parts or imported shall be and hereby are prohibited to be transported or imported by the same Law and upon the same penalties out of Scotland to any Foreign parts aforesaid or from any Forein parts into Scotland And be it further Ordained by the Authority aforesaid That all Sesses publick Impositions and Taxations whatsoever be imposed taxed and levyed from henceforth proportionably from the whole people of this Commonwealth so united And further to the end that all Dominion of Tenures and Superiorities importing Servitude and Vassalage may likewise be abolished in Scotland Be it further Declared and Ordained by the Authority aforesaid That all Heritors Proprietors and Possessors of Lands in Scotland or the Dominions thereunto belonging and their Heirs shall from and after the twelfth day of April in the year of our Lord One thousand six hundred fifty and four hold their respective Lands of the respective Lord and Lords by Deed Charter Patent or Enfeoffment to be renewed upon the death of every Heritor Proprietor Possessor as now they do to his Heir or Heirs by and under such yearly Rents Boons and Annual Services as are mentioned or due by any Deeds Patents Charters or Enfeofments now in being of the respective Lands therein expressed or by vertue thereof enjoyed without rendring doing or performing any other Duty Service Vassalage or Demand whatsoever by reason or occasion of the said Lands or any the Clauses or Covenants in the said Deeds Charters Patents or Enfeoffments contained saving what is hereafter herein and hereby particularly expressed and declared that is to say Heriots where the same are due Fines certain where the same is already certain and where the Fine is uncertain reasonable Fines upon the Death of the Lord and upon the Death or alienation of the Tenant or any of them where the same have usually been paid which said Fine not being already certain shall not at any time exceed one years value of the Lands and also doing suit and service to such Court and Courts Baron as shall be constituted in Scotland in such manner as is Ordained by one other Ordinance Entituled An Ordinance for Erecting Courts Baron in Scotland And be it Ordained by the Authority aforesaid That all and every the Heritors Proprietors and Possessors aforesaid and their Heirs are and shall he from henceforth for ever discharged of all Fealty Homage Vassallage and Servitude which is or shall be pretended due from them or any of them unto any their Lords or Superiors whatsoever claiming Dominion or Jurisdiction over them by vertue of the said Patents Charters Deeds or Enfeoffments and other rights thereof or of any Clauses or Conditions therein contained other than as is before Declared and Ordained And that all the said Superiorities Lordships and Jurisdictions other than as aforesaid shall be and are hereby
Abolished taken off and discharged and that all and every the said Deeds Patents Charters and Enfeoffments in that behalf be and are hereby declared and made so far void and null And particularly that all and every the Heritors and others the Persons aforesaid and their Heirs are and shall be for ever hereafter freed and discharged of and from all sutes and appearing at or in any their Lords or Superiors Courts of Justitiary Regality Stuartry Barony Bayliary Heritable Sheriff-ship Heritable Admiralty all which together with all other Offices heritable or for Life are hereby abolished and taken away and that all and every the Heritors and persons aforesaid and their Heirs are and shall be for ever hereafter freed and discharged of and from all Military service and personal attendance upon any their Lords or Superiors in Expeditions or Travels and of all Casualties of Wards Lands formerly held of the King or other Superiors and of the Marriage single and double avail thereof Non-entries Compositions for Entries and of all Rights and Casualties payable if they be demanded only or upon the committing of any Clauses irritant And that the said Heritors and persons aforesaid be now and from henceforth construed reputed adjudged and declared free and acquitted thereof and of and from all and all manner of holding sutes duties services personal or real and demands whatsoever other than is before declared and Ordained notwithstanding the present Tenor of any their Deeds Patents Enfeoffments or any Clauses Articles or Covenants therein contained or mentioned to the contrary in any wise And that in time to come all and every Clause Covenant Article Condition or thing to the contrary hereof shall be omitted out of all such Deeds Patents Charters and Enfeoffments And be it further Ordained That all Foreitures Escheats simple or of Life Rent Bastardy and last Heir which heretofore escheated forfeited and fell to the King Lords of Regality or other Superiors shall from henceforth fall escheat and forfeit to the Lord Protector of the Commonwealth for the time being 13 The Highlanders grew numerous and were about Three thousand strong and Collonel Morgan was Marched near them 15 That the Pyrates of Brest took several English Merchants Ships and came into the very Mouth of Severn That the Enemy had a general Rendezvous and were ill Armed That they had Orders from Lieutenant General Middleton who had in his Party but Two hundred Horse 14 That the Fleet Rid in Stoaks Bay That the States of Holland had fully Ratified the Peace in every Part with great rejoycing 17 The Ratifications of the Peace Signed and Sealed by all the States of the Vnited Provinces came to their Ambassadours here and was by them presented in a Silver Box to the Lord Protector One Rogers taken at Lieth with several Commissions from the King to raise Forces Eleven Dutch Men of War set upon an English Merchant Man and took her That Collonel Morgan with Eight hundred and fifty Horse and One thousand six-hundred Foot had beset the Enemy who were Eight hundred Horse and Three thousand Foot An Holland East India Ship of Eight hundred Tun outward bound loaden with Seventy five Tun of Goods and four Chests of Silver was taken by Captain Stayner and Captain Smith That three Frigots met with a Fleet of Forty eight Sayl of French Ships fell in among them Shot their Admiral Vice Admiral and Rear Admiral and spoiled them and the Rear Admiral sunk another of them sunk and they took another of them and lost not a man and afterwards they took four more of them 18 Commissioners sent to Treat with the Lord Ambassador Burdeaux at his House in London touching the Peace with France An Ordinance passed for continuing the Imposition on Coals Order of the Council touching the improvements of Forrests Letters from Vpsale of the Passages there about the Treaty and the Queens Resignation to the Prince Palatine 19 The Ambassador from the Duke of Gelders had Audience with the Lord Protector An Ordinance Published for suspending Proceedings upon a former Act for Relief of poor Prisoners and Creditors 20 Of one Darcy made a Colonel and Knighted in France by the King of Scots 21 That Lieutenant Hunt fell upon a Party of the Scots in the Highlands took Seven Prisoners eleven Horse twenty Cloaks and many of their Cloak-bags and rescued two Prisoners That the Enemy were Four thousand Horse and Foot and Collonel Morgan but Two thousand five hundred and near one another That the Parliaments Garrisons in the High-lands were stored and supplyed with all manner of Provisions and Ammunitions 22 Letters of a Frigot that Convoyed Ammunition and some Merchants Ships to Lieth in her return was set upon by Eight Dutch Men of War and after a hot Skirmish Boarded and taken That Captain Potter brought in another Brest Pyrate An Express sent to the States of the Ratification of the Treaty by the Lord Protector 24 Divers Dutch Prizes taken The Ordinance Published for the Uniting Scotland into one Commonwealth and under one Government with England Another Ordinance Published of grace and Pardon to the People of Scotland An Order Published touching the Peace with Holland 25 Letters of Collonel Morgan's March after the Highlanders and a quarrel amongst them about Plundering a Kinsman of the Lord Montross and other quarrels among their Officers Of Prisoners taken by the English Garrisons A Proclamation by the Commander in Chief of the English Forces to the Effect as formerly forbidding Correspondence with or harboring of the Enemy Letters from the Dutch Ambassadour in England to the States That the Peace was fully Concluded and that the States were to be Responsable for One hundred and forty thousand pound for the Damage done by the Danes to the English that the Ships detained in the Sound were to be restored The States Sealed and Signed the Articles and sent away the Ratification to England and the Lord Protector also Ratified them 26 The Peace between England and the Vnited Provinces was solemnly Proclaimed by sound of Trumpet in White-Hall Court in the Presence of his Highness and his Council afterwards by the Heralds Serjeants at Arms and other Officers who were received by the Lord Mayor at Temple Bar there it was Proclaimed and then at the old Exchange An Account of the Negotiation of the Lord Ambassadour Whitelock in Sweden 27 Letters of a Dutch Ship taken of rich Value by a Private Man of War The Lord Protector Feasted the Dutch Embassador at White-Hall very sumptuously 28 Letters of the Numbers of the Enemy increasing and of some of their Party gleaned up by the Parliaments Soldiers That the Enemy was to the North of Collonel Morgan so that they must ingage with him or else they cannot pass Southward by him 29 Letters of the Tories in Ireland narrowly pursued and suppressed Of Mischiefs done by the Pyrates on the Westward Coast and about Bristol That
now in my Return homewards give me leave Sir to acquaint you with some passages of Respect to this Common-wealth in my Journy both in Sweden Denmark and Germany The Magistrates and People of Stockholm were very Respectful to your Servants and General Wrangel and General Major Fleetwood with Here Lagerfelds and others Accompanied me Fourty English Miles to their Chief City There they freely showed me not only the Stately Castle Town Haven and Ships but their Works Magazines Arsenal Work-Houses for Arms and Shipping which were very strong and Considerable There I had two Ships provided for my Transportation over the Baltique Sea and in that where I went on Board a Vice-Admiral was sent to Command being a point of great Honour and the Ship was Richly Furnished and Accommodated for the Voyage After we had passed this deep and rough Sea through great Tempests and Dangers and were Arrived near to the Hans Town of Lubeck they hearing of it by our Guns sent their Coach and Officers to conduct me to their City where some of the Chief of their Lords with their Syndick or Recorder came from the rest to Salute me and in the Latine Oration made to me gave me all welcome to the Place and highly expressed their Valuation of this Common-wealth I Received also Civil Complements and Salutations from the Dukes of Saxony Holstein Curland Lunenburgh and other free Princes of Germany full of Respect and Honour to you Here I received likewise Respect and Ceremonies from the English Company at Hambourgh two days Journy from this City who sent Messengers to invite me to their House in Hambrough and expressed all Duty and Respects to you as their Superiours In my Land-journey which was not without hardship and want of Conveniencies where the Armies had been in their late Warrs betwixt these two Hans Towns of Lubecke and Hambourgh About two Leagues before I came to Hambourgh my Countrymen of the English Company there met me upon the way with about Fifty Coaches and about Two hundred Horsemen to welcome me to those Parts They Treated me Nobly by the way and Conducted me into Hamburgh where the Streets were so Crowded with People that we had a difficult passage through them and generally both in their words and carriage they expressed all civility and respect unto this Commonwealth The same Evening that I came hither the Lords of Hamburgh sent four of their Senators with their Syndicke to Salute and welcome me to their City and presented me nobly with Provisions of Fish and Flesh Wine and Beer for my Hospitality They Congratulated the success of your Treaty with Sweedland and expressed very high regard to our Commonwealth they invited me to Collations and did me the Honour to come to my Table and appointed one of their Chief Military Officers to shew me the Works and Ammunition of the Town and others of their own Number to accompany me to their Town-House and to inform me in Matters relating to their Judicatories Indeed their Fortifications are very strong and regular and they have great store of Armes and Ammunition and give therein a good Pattern for others as also for Provisions for their Shipping Sir I must do this right to them that both at my coming thither and during my stay there which was about ten days and at my departure from thence they did upon all occasions manifest as great an esteem and respect for this Common-wealth as any whom I have met with in Forreign Parts Sir it pleased God to stop our Voyage by contrary Winds and to stay us upon the Elbe near Gluckstade a Town of the King of Denmarks who hearing of my being there sent one of his Senatours Grave Rossen-Cross Vice Roy of Holstein to invite me to his Court. The Vice Roy came with many Attendants and not without great danger by the stormy Weather on Board my Ship and highly Complemented this Commonwealth from his Master but I knowing the course of Treatments in those Parts excused my self with the best Civility I could from going on Shore Alledging what was a truth That no person having the Command of your Ships as I then had and being on Board them ought to go from them without leave until his Voyage were finished and that this was my condition at that time I had much ado to satisfie the Vice Roy but he was well pleased with this Treatment and promised to make my Apology to his Master and to do all good Offices with him to testifie his Service to this Commonwealth After an extream dangerous and strong passage betwixt Hambourgh and England wherein the hand of God appeared wonderfully in the preservation of your Servants we all came in safety to our dear Country Thus Sir I have given you an Account of the whole Transactions of this business and for any Errours or Miscarriage of mind in the Negotiation or in this Account I have given you of it I humbly ask your Pardon After he had spoken the House gave a general Applause and divers of them stood up and moved That he might have the Publick Thanks of the House for the good Service done in this hazardous and Important Business of his Ambassie Then the Lord Broghil spake much in commendation of the Treaty and of the Ambassadour and seconded the Motion that he might have the Publick Thanks of the House for his good Service He added That there was a considerable Sum of Money due to him for the Expences of his Ambassy and no Gratuity or Reward given for his hazardous and Great Service done for this Commonwealth And further moved That two thousand pound might be ordered by the House to be paid in satisfaction of all Arrears due to him and as a mark of favour from the House Others who were well acquainted with the business informed the House That there was near Two thousand pound Arrears due to him and that there would be very little of the Two thousand pound if they should order it for him which would be a Testimony of their Favour and Reward of his Services The House unanimously ordered That two thousand pound should be forthwith paid out of the Publick Treasury in satisfaction of all his Expences in his Ambassy not yet paid and of all Arrears due to him and the Speaker according to the order did solemnly give him the Thanks of the House for the great Service preformed for this Common-wealth in his Ambassy in Sweden 7 Six English Vessels at several times were taken upon the Western Coast and carried into Brest and other Havens of France by the Pickeroons 8 The States of Holland sent their Command to the Governour of Breda That if the Queen of Sweden came thither he should entertain Her according to the Quality of so great a Princess Much Division was amongst them concerning the young Prince of Orange 9 Most of the great Commanders of the High-landers came in to the English upon Articles 11 The House all the three last
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
Peace published between the Protestant and Papist Cantons of the Switzers The Plague swept away many thousands of the Irish Monsieur Bordeaux the French Ambassador arrived in England March 26. New Commissioners for the Customs appointed News of the King of Sweden's Successes in Prussia and in Poland Of the King of Scots Conference with the King of Spains Officers Letters from Scotland that all there was quiet Mr. Meadow was going for Denmark Agent for the Protector Fiennes Strickland and Whitelock went to the Swedish Ambassadors House and proceeded in the Treaty with him The debates were upon matters of Trade The Ambassador thought the demands not equal that the English should pay no greater Impositions in the King of Sweden's Ports than his own Subjects paid and said That the former Articles were reciprocal and that herein nothing was offered for the Swedes priviledge in the Ports of this Common-wealth The Commissioners answered That this being granted to the English would cause them to frequent the Kings Ports to bring a great increase of Trade thither to have Ships there in a readiness to be hired for his Majesties Service if he should have occasion and that they were better fitted for War than any other Merchants Ships in Europe and that if his Excellencie should think fit to propound any thing on the behalf of the Swedes the same would be taken into due Consideration The Ambassador replyed That Neither the English nor any other Nation did afford equal priviledge to Strangers in point of Impositions as to their own people but made a difference as to the persons only in Sweden the difference was not made as to the persons of Swedes but as to Swedish Ships whosoever brought any goods in them paid less Impositions than others which was done to increase their Shipping and to prevent the deceipt of Strangers Consigning their Goods to Swedes names that thereby they might Pay the less Custom Whitelock told them that this was the Work of the wise old Chancellor whereby they did not only increase their Ships but likewise were provided of Mariners for those Ships which was the greatest want in Sweden as to their Navigation and the deceipts of Strangers venting their goods in Swedes names was also thereby prevented This Matter was referred to further Consideration and they proceeded to the demands for Setling the Trade and Priviledges of the English Merchants in Prussia and Poland wherein Whitelock observed to them the injustice of the Sealing the English Cloaths at Dantzick and the Not confirming of the general pact of Prussia agreed to be done formerly in relation to the English by the King of Poland who had not kept his word therein The Ambassador answered That his Mr. was but newly Mr. of Poland and Prussia which he hoped by the blessing of God to keep That he was not Mr. of Dantzick and prabably he may have granted and confirmed to those Towns that had submitted to him their ancient Priviledges And that he could not grant to the English there any thing contrary to those Priviledges of the Townes which he had confirmed and this was thought reasonable and not to be pressed further than might stand with the Confirmation of priviledges which the King had granted to the Townes that were come in to him The Ambassador then propounded That the English might have all the Trade of Russia brought down the River Volga into Narva the King of Sweedes Port upon the Balticke Sea and by that meanes save the going about to Archangel which voyage can be made but once in a year but to Narva may be made 3 voyages in a year Whitelock informed them of much discourse between the old Chancellor and his Son and him about this Matter and the Ambassador having his Mapps there Whitelock shewed them the great difference of the Voyage going about by Norwey and the frozen Sea to the Archangel and going through the Balticke Sea to Narva He shewed them likewise that there was a probability of having the Persian Silks and Commodities from the Caspian Sea to the River Volga and from thence to be brought to Narva and thereby to save that vast voyage which Merchant-Men now take of going to Persia the usual way But Whitelock objected now as he had done formerly to the Chancellor That it would be difficult to procure the Russes Commodities to be brought down to Narva and to satisfie the Emperour of Russia that he should be no looser in respect of his Customs which he now received at Archangel and the goods being brought to Narva the Customs would be payable there to the King of Sweeden To which the Chancellor then answered That the people of Russia would be more willing to bring their Commodities to Narva than to Arch-Angel because it would be done at a less Charge almost by the halfe and that the Emperor would be no looser as to his Customs for the same Custom which was now paid at Arch-Angel would be paid at Blesgo a Town of the Emperors whither the goods must be brought before they came to Narva and that notwithstanding the payment of Custom twice yet the Commodities would be afforded at easier rates than they are at Archangel by reason of the cheapness and conveniency of bringing them to Narva All this was agreed unto by the Ambassador who inserted a Story of a Dutch-man who observing the Boats passing upon the Volga to be manned with 300 Men in a boat who in a Storm and high Wind held the bottom of the Sayls down this Dutch-man offered to the Emperor that he would shew him a way how with 30 Men in a boat they should be as well Manned as now they were with 300 men in a boat and so the Charge to be lessened but the Emperor called him Knave and asked him if a Boat that now went with 300 Men were brought to go but with 30 Men how then should the other 270 Men get their living After long debate upon this and the other particulars of the Treaty they were deferred unto a more full Answer upon further Consideration and a new Meeting 5. The Commissioners were summon'd to meet at Whitehal with Thurloe to look over together the several matters which had been treated on with the Swedish Ambassador and to consider how farr it was fit to go on to an agreement and wherein not to consent that so they might come to some conclusion with the Ambassador The Lord Major Aldermen and Common Council of London were with the Protector 11. The Commissioners were with the Swedish Ambassador and most of the Articles for Levies of Men and hiring of Ships and for the Passe-ports and Contrebanda Goods were near ageed between them The Articles for Trade and restitution for Damages in the time of War between England and Holland were not concluded but deferred to another time In the mean while the matters agreed upon were ordered to be drawn up in Form 13. The Swedish Ambassador did very earnestly press that
taken away and that the Gates of the City be forthwith destroyed And that the Commissioners of the Army do seize some Officers who have not consined themselves according to former Order and they approved what they had done in securing divers Citizens An Address of Divers Citizens presented by Mr. Praise God Barebones of adhering to this Parliament Upon a Letter from Monk the Parliament ordered to send to him the Resolves of the House That the Gates of the City of London and the Port-Cullises be destroyed and that he be ordered to put the said Votes in Execution Monk was not well satisfied that this Order was before directed to the Commissioners for Government of the Army and himself not named therein but left out as a Cypher but upon advise with his Friends he this Day Executed their Order and in the sight of the Citizens took down their Port-Cullises and Gates and took away their Posts and Chains many lookers on admired at it but none offered any Opposition And this night Monk and his Forces quartered in the City where he had many visitants of the chief Citizens and of the secluded Members and others To these he minced and excused this action and assured his confidents that it was still in Order to his and their great design and hardly gave the same account to two men but the thing was done and many amazed that he did it The Parliament finding the Common Council of London to be against them Ordered that it should be discontinued and an Act brought in to constitute a new Common Council They sent thanks to the Lord Mayor for his discreet carriage in this business They debate the Qualifications 10. Commissions delivered to Officers and Lists approved Orders about prize goods A Bill read for appointing Commissioners for the Army which was held no great Policy nor Courtship in Relation to Monk Orders for money for the Souldiers and for the Militia of London and about Trade Reference to the Council to consider what is further to be done for the fafety of the Parliament and City and to suppress seditious meetings 11. Commissions delivered to Officers Orders for Judges for next Circuit Upon a Letter from Monk and his Officers the House ordered thanks to him for securing the City and in answer to their desire for filling up the House they said they were upon the Qualifications Scot and Robinson ordered to carry this answer to him and they much boasted of their intimacy and favour with him The passed an Act to appoint Monk Haslerigge Walton Morley and Alured Commissioners for Government of the Army at which Monk was noted to be discontended and many judged it an Act of no great present Policy but Haslerigge especially did drive on furiously The House adjourned till Monday 12. Monk drew up his Forces in Finsbury dined with the Lord Mayor had conference with him and the Court of Aldermen retired to the Bull-head in Cheapside and quartered at the Glass-House in Broadstreet multitudes of People followed him congratulating his coming into the City making loud shouts and Bonfires and ringing the Bells he heard a Sermon at Pauls with the Lord Mayor Okey was sent with his Regiment to quiet Bristoll 13. Intelligence from Tork of an Address from the City and the Country to the Parliament for the secluded Members and a free Parliament Order for the Serjeant at Armes to carry Sir Henry Vane to his House at Bellew in Lincoln-shire A Proclamation for Lambert to render himself by a Day or to be sequestred Order for the Members of Parliament who acted in the Committee of Safety to attend this day sevennight and the Serjeant at Arms to summon them accordingly The Papers of the Committee of safety ordered to be brought in Orders for money for the Army Debare about the Qualifications The engagement agreed upon to be true and faithfull to the Commonwealth of England and the Government thereof in the way of Commonwealth and free State without a King single Person or House of Lords 14. Order for money for Monk's Forces that came out of Scotland with him as he shall order 15. Letters from Overton from Hull with a Declaration for the secluded Members or a free Parliament and a Letter to Monk with it referred to the Council of State A scandalous Paper against some Members of Parliament referred to a Committee Qualifications agreed upon for future Members of Parliament and an Order for Writs for new Elections to fill up the House An Address to Monk from Oxford-shire for readmitting the secluded Members and that no Previous Oaths or Engagements might be imposed on any that should be Elected Members of Parliament to this Monk answered That the Parliament had these matters under their present consideration and he wished these Gentlemen and all others to acquiesce in their determination Monk removed his Quarters to Alderman Wale's House where he was visited and consulted by the chief Citizens and Ministers and he gave them plausible hopes of their Design being compassed An Address from the North for the secluded Members or a free Parliament and no Taxes till then By Monk's Order many were disarmed in the City 16. Order for the Committee of plundered Ministers to sit and many added Commissioners for the Assessments Mr. Attorney General Reynolds reported Commissions for the Judges of the Admiralty and for Probate of Wills which passed Amendments agreed to the Qualifications 17. Additions to the Commissioners of Assessements A Form of a Writ agreed on for Elections of Members of Parliament 18. The Act of Qualifications past Several Addresses to Monk to the same effect with the former Two Souldiers hanged for disorders Other Souldiers were whipped their Offences were Mutiny and Robbery Some Members of the Parliament now sitting and about twelve of the secluded Members met at Monk's Quarters by appointment and had conference about readmitting the secluded Members And here began the great turn and the design of Monk to take place to the regret of Haslerigge Scot c. A Tumult at Bury appeased It pleased Monk that the secluded Members should sit again and neither Scot nor Robinson nor Hasterigge nor Nevil nor any of that Party could prevail with him to the contrary nor durst any to oppose him and the Spirit of the people generally especially of the Presbyterians ran that way and the Cavaliers agreed to it as the way to bring in the King 19. Other meetings of the secluded Members being had it was agreed That they should take their places in the Parliament on Tuesday next 21. The secluded Members came into the House several of the old Members absented themselves The House being thus changed made a great change in the public Affairs Several Votes were now passed without much debate to vacate all the Votes made by the House 1648 and 1649. against the secluded Members and to set all matters
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
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