of it to which His Majesty replied What is that to you who are but to carry what I send and if I will send the Song of Robin Hood and Little John you must carry it to which the Commissioners onely said that the business about which they came and were to return with His Majestie 's Answer was of somewhat more consequence than that Song And other passages there were which shewed the King to be then in no good humour and were wondred at in a business especially of this Importance and where the disobliging the Commissioners could be of no advantage to the King but all was endeavoured to be made up again by some of the King's Lords before the Commissioners came away and a Copy of the Answer was sent them Another exception they took to the Paper of the Answer that it was not directed to any body nor the Parliament so much as acknowledged or named in it to which the King answered that it was delivered to the Parliaments Commissioner's which was sufficient and some of his Lords told them that they could not get it otherwise chiefly because they were there as Commissioners of both Kingdoms and earnestly intreated the Commissioners for peace sake to receive it as it them was sent to them Upon Debate thereof among the Commissioners and it being considered that they must take it upon themselves to break off the Treaty for Peace in case they refused this Paper and that it was more proper for them to leave it to the Judgment of their Masters they did receive the Answer as it was sent to them Nov. 29. They returned to the Parliament and the next day at a Conference of both Houses His Majestie 's Answer was read in the preamble whereof were high expressions of his desires of Peace and he demanded a Safe Conduct for the Duke of Lenox and the Earl of Southampton to come with his Answer to the Propositions The Exceptions to this Paper of the King 's were much debated but at length out of the earnest desire of Peace it was carried to lay aside those objections And the House ordered that upon consideration of the faithfull service done by the Committee that went to His Majesty and their discreet carriage of the business the thanks of the House should be returned to them for the same and every one of them severally in their order stood up in their places and the Speaker solemnly pronounced the Thanks of the House to them December 1644. The Commons agreed upon several Gentlemen to be High Sheriffs and those who refused or to act as Justices of Peace should be sent for as Delinquents The Earl of Manchester made a long Report touching the business of Donnington Castle and in excuse of the Parliaments forces in that Action Abuses were examined of the Gentleman whom some called Prince Grissith Sir J. Hotham was Tried by the Court Marshal 1. For betraying his Trust and adhering to the Enemy proved by his Words Letters and Actions his compliance with the Lord Digby the Marquess of Newcastle and others of that party 2. His refusal to supply the Lord Fairfax with Ammunition to the great prejudice of the Parliament 3. His Scandalous Words against the Parliament 4. His endeavour to betray Hull to the Enemy 5. His Correspondence with the Queen and his seeking to escape Thirty Witnesses were examined against him and divers for him in his Defence The Parliament directed a Letter to be sent from the Lord General to Prince Rupert to this effect That if His Majesty shall send to the Parliament of England assembled at Westminster and to the Commissioners of the Parliament of the Kingdom of Scotland they would with all readiness grant a Safe Conduct for the Duke of Richmond and the Earl of South-hampton to come from the King with an Answer to the Propositions for Peace and treat with them according to His Majestie 's desire Several Ordinances passed for raising of Moneys Abington being in some distress Major General Craford with a party of the Parliaments forces relieved the Garrison plentifully and brought thither 1000 Sheep which he drove away from under the Walls of Wallingford and none of the Enemy appeared against him Sir Lewis Dives being at Dorchester with about 300 Horse and Dragoons sent a party to face Lyme and at their return Major Sydenham of Pool with about 60 Horse fell upon them in Dorchester charged them through and through wounded Dives slew many and took divers Prisoners As Sydenham faced about he saw Major Williams who had formerly killed the Mother of Sydenham in the Head of the King's Troups coming to charge him whereupon Sydenham bid his men stand close to him for he would avenge his Mother's blood on Williams or die on the place and then so violently made his way that he came up to Williams and slew him put all his men to flight and drove them through the Town and so returned to Poole Carlisle Garrison was reported to be in such want that they eat their Horses they were so closely besieged by the Parliaments forces Captain Hains escaped from imprisonment by the Enemy Colonel Cromwell being made Lieutenant General of the Earl of Manchester's Army gave great satisfaction to the Commons touching the business of Donnington Castle and seemed but cautiously enough to lay more blame on the Officers of the Lord General 's Army than upon any other And the point of privilege was debated touching the Lords transmitting of a Charge from them before it was brought up to them This reflected upon Lieutenant General Cromwel of whom the Lord General now began to have some jealousies and was advised to put to his strength to rid Cromwel out of the way and the means to be used to effect this was supposed to be by the Scots Commissioners who were not well pleased with Cromwel upon some words which he had spoken as they apprehended derogatory to the honour of their Nation One Evening very late Maynard and Whitelocke were sent for by the Lord General to Essex House and there was no excuse to be admitted nor did they know beforehand the occasion of their being sent for when they came to Essex House they were brought to the Lord General and with him were the Scots Commissioners Mr. Hollis Sir Philip Stapleton Sir Jo. Meyrick and divers others of his special Friends After Complements and that all were set down in Council the Lord General spake to them to this effect L. Gen. Mr. Maynard and Mr. Whitelocke I sent for you upon a special occasion to have your Advice and Counsel and that in a matter of very great importance concerning both Kingdoms in which my Lords the Commissioners of Scotland are concerned for their State and we for ours and they as well as we knowing your abilities and integrity are very desirous of your counsel in this great business Maynard We are come to obey your Excellencie's Commands
Ordinance The Commons voted to hear no private business for ten days Mr. Roger Lestrange was tryed for a Spy before the Court-Marshal coming from the King's quarters without Drum Trumpet or Pass to betray Lynne Garrison Sir Thomas Middleton and Colonel Mitton took in a Garrison of the King 's near Mountgomery and in it Colonel Ballard the Governour Llayd the high Sheriff divers Officers two Foot Colours sixty common Souldiers with store of Arms and Pillage The Assembly of Divines presented to the House some further Additions to the Directory for Worship Much time was spent to settle the payment of the Northern Armies and to enable the Scots to march Southwards The Commons concluded their Debate upon the Directory for Worship A Letter was agreed to be written to the Parliament of Scotland from both Houses here to express the great ingagement of this Kingdom to them for their brotherly assistance The Lords upon the Petition of Sir John Hotham and his Son thought fit to pardon the Father and desired the Concurrence of the Commons therein but upon the Question it was carried in the Negative not to be taken by them into consideration The Court-Marshal gave judgment upon Mr. Lestrange The Commons passed an Ordinance for continuing the Court-Marshal for three Months longer and another for disfranchizing some Aldermen of York The Commons ordered the Commissioners of the Great Seal to issue out the Sheriffs Patents to the Messengers of the Seal The Lords debated the Self-denying Ordinance They concurred with the Commons to refer the business of the Treaty upon the Propositions for Peace to the Committee of both Kingdoms Major General Brown marched out with a Party towards Oxford and was near taking the Fort Royall there but his Design was discovered and prevented yet he brought away forty men and horse with him Several Orders were made for Money for the Scots and other Armies and for supply of the Forces in Ireland Divers of Bucks petitioned against the Outrages of the Parliaments Forces in that County Colonel Bulstrode was made Governour of Henley and Phillis Court but he was shortly after called away to his Regiment and Colonel Charles Doyley made Governour there But he and the Souldiers falling out they had like to have killed him and he would stay there no longer and Colonel Piuter Temple succeeded him Sir John Hotham was going to his Execution and much company expecting it on Tower-hill when a Messenger came with a Reprieve from the Lords But the Commons sent to the Lieutenant of the Tower to know the reason of deferring the Execution when they did not consent to any Reprieve for him The Lord Fairfax his forces took in Pomfret Town and close blocked up the Castle and other Castles thereabouts Colonel Bright fell upon a party of the King 's under Sir William Cobbes took divers Officers and Souldiers and good Horses from them A party of the Newark forces in the night time surprized some of the Parliaments forces and took near two Troups of them The Leicester forces drove the forces of Hastings out of Ashby-Town into the Tower and took divers Prisoners and Arms. Prince Maurice laid down his Commission for the West and the Lord Hopton was made General there and laboured to get a new Army January 1644. The Directory for Worship was finished by the Commons and sent up to the Lords by Mr. Rouse Upon the Debate touching the Reprieve of Sir Jo. Hotham by the Lords the Commons voted that no Officer made by Ordinance of both Houses should stay the execution of Justice by any order of either House without the concurrence of both Houses They likewise ordered that the Lieutenant of the Tower do proceed to the Execution of Sir John Hotham according to the Sentence of the Court Marshal Captain Hotham his Son sent a Petition to the Lords and another to the Commons praying his Pardon but it was denied and the same day his Head was cut off Mr. L'Estrange petitioned the Lords that his Case might be heard before the Parliament which was consented to by both Houses Letters were ordered to be written by the Speaker to Sussex Surrey and Hampshire for raising of Dragoons formerly undertaken One hundred and fifty horse from Oxford possessed themselves of Beselsley Mr. Speaker's House near Abington intending to fortifie it but Major General Brown sent out a party under Colonel Boswel to whom upon his summons they rendered the House on conditions to march away onely one who had formerly broke Prison at Abington was denied that favour Sergeant Wilde Mr. Brown and Mr. Nicholas offered Reasons and Arguments to the Lords that the Matters proved against the Archbishop were Treason An Answer was ordered to be given to the Papers of the Scots Commissioners to be sent by them to the Parliament of Scotland A Committee of both Houses was named to receive from the Sweedish Agent some matters which he said he had further to impart to them from the Queen Sir John Hotham in the Morning before his Execution procured a motion in the House of Commons for his Pardon which took up a Debate and Sir John being brought to the Scaffold on Tower-hill expected the good news of his Pardon and the time was protracted till two a Clock in the Afternoon but the Commons would not grant his desire He spake shortly to the people and Mr. Peters prayed with him and spake to the people in his Name and told them that Sir John ' s Father said to him when he was going forth to be a Souldier Son when the Crown of England lies at stake you will have fighting enough He was somewhat fearfull of death and his head was cut off The Committee of both Kingdoms reported their opinion to the Lords That the place for the Treaty of Peace should be Uxbridge and the Commissioners to be four Lords and eight Commoners and four Scots Commissioners to which the Lords agreed and sent to the Commons for their concurrence Both Houses agreed to send Commissioners to the Parliament and Assembly in Scotland The Queen of Sweden's Letter to the Parliament was read and contained a Narrative of the King of Denmark's hard usage of the Crown of Sweden and the great affection that Queen bears to England The Directory of Worship was fully agreed upon by both Houses and ordered to be printed and two of the Assembly to take care thereof and that a course shall be taken for publishing and settling of it to be generally used The Commons ordered that the Assembly of Divines should write a Congratulatory Letter to the Assembly in Scotland and to acquaint them what they had done and that the Parliament here had agreed in those Matters The Lords agreed to the Ordinance for Attainder of the Archbishop of High Treason and to be hanged drawn and quarter'd for it The Commons agreed that the place for the Treaty should be Vxbridge the Commissioners for
marched through Abbington where Major General Brown gallantly entertained him and took up his Quarters at Garrington that Col. Trevor and Sir Jo. Vaughan came in to him from Oxford That the Army was on both sides the River intending closely to begirt the City that the King is gone for London as is supposed and that a hundred Officers are come out of Oxford 4. Letters from the General before Oxford informed that those who came out of Oxford informed confidently that the King was in London whereupon both houses declared by beat of Drum and sound of Trumpet That what Person soever shall harbour or conceal or know of the harbouring or concealing of the Kings Person and shall not reveal it immedately to the Speakers of both Houses shall be proceeded against as a Traitor to the Common-wealth forfeit his whole Estate and dye without Mercy An Ordinance committed for all Papists Officers and Soldiers of Fortune that have come out of the Kings Quarters to remove twenty miles from London and power given to the Militia of London to search within twenty miles of London for all Papists Malignants and suspected persons and to secure and disarm them and to search for Arms this to continue for twenty days The General Training was put off Orders for Provisions for the Army 5. Upon Letters from Sir Thomas Fairfax of Suspition of the Kings being gone towards the Associated Counties care was taken for their security and Col. Russel sent down to the Isle of Ely and Col. Wharton to Lynne Sir Hardress Waller named to be Governor of Jersey A Petition of many of Hertford-shire against Tithes but nothing was done in it Letters from the Generals Quarters informed that the General Quartered at Heddington within a mile of Oxford the Horse were so disposed as to prevent the Enemies Sallies forth the Foot thus The Generals Regiment and Col. Pickerings at Heddington the Major General 's and Col. Harley's at Marston Col. Herberts and Col. Sir Hardress Waller's Regiments at Cowley the Train of Artillery at Ellesfield An hundred Officers and Soldiers came forth of Oxford in two days many of Quality have sent for Passes to go forth the Lady Hertford Lady Digby Lady Stourton and many of Quality but the General denyes all except it be for Treaty or Parley That the Grandees of Oxford give it out the King is in London and hath made his Peace with the Parliament that Wallingford was blocked up on the one side by the Forces of Reading and of Henley and on the other side by Col. Welden That the Governor of Wallingford sent a Letter to the General desiring him not to make his approach to the Castle for then he must be forced to fire the Town which he the rather urged because he heard the King was in London and upon agreement with the Parliament so that he hoped in seven or eight days to receive a command from his Majesty for the Surrender thereof Some Foot sallied out of Oxford but soon retreated a Party from Farrington did some hurt in the Generals Quarters 6. Letters from the Commissioners of the Parliament before Newarke and from Lieutenant General Pointz certified that the King came to the Quarters of the French Agent at Southam and thence sent to G. Lesley and was conducted by a Troop of Horse into the Scots Army where he now remains That the Commissioners soon after his coming sent a Letter to the Commissioners of the Parliament to acquaint them therewith which Letters were read in the House and an abstract of a Letter from Paris discovering what was written from the King to the Queen touching his going from Oxford Upon debate the Commons Voted That the Commissioners and the General of the Scots Army be desired that his Majesties Person be disposed of as both Houses shall desire and direct and that he be thence disposed of and sent to Warwick Castle That Mr. Ashburnham and the rest that came with the King to the Scots Army be sent for as Delinquents by the Serjeant at Arms. The Commissioners of Parliament before Newarke were to acquaint the Scots General with these Votes and to take care that Mr. Ashburnham and the rest be sent up to the Parliament and they were to make a Narrative of the Kings coming to the Scots Army and to present it to the House Thirty pounds given to Lieutenant Gen. Pointz his Secretary who brought these Letters and thirty pounds to the Messenger of the Commissioners Order for reducement of Major General Massey's Horse and those Forces to be disposed of by the General 7. An Ordinance sent to the Lords for Establishment of the Garrison of Hull and order for Ammunition for them Order for a new Election Order for a Letter from the Speaker to the Committee of Northumberland to send some Forces to preserve the holy Island a place of great concernment Provision of Money for Plymouth and other Garrisons 8. Letters intercepted and read in the House going from the Scots Commissioners here to the Scots Commissioners at Newarke of great concernment A Committee was appointed to examine the manner of the stay of the Gentleman that carried these Letters Order to desire the Commissioners in London that Mr. Wakerly who signed the Letter to the Lord Balcarris might be examined by a Committee and that the Speaker should deliver to the Scots Commissioners here such of the Letters as they desired and should claim as their hand-writing Other Letters were read from the Scots Commissioners in London concerning the Kings being in the Scots Army and their perswading him to deliver up Newarke to the Committee of both Kingdoms for the use of the Parliament of England which is to be surrendred to the Commissioners for the Parliament upon Articles the ninth of this instant May the House sate this day till nine at night A Letter from the Scots General and the Committee of Estates of Scotland now with the Scots Army to the Committee of both Kingdoms informed That they were astonished at the Providence of the Kings coming into their Army which was so private that it was long ere they could find him there and now desired that it might be improved to the best advantage for promoting the work of Vniformity for setling of Religion and Righteousness and attaining of Peace according to the Covenant and Treaty by advice of the Parliaments of both Kingdoms or their Commissioners That they declare there hath been no Treaty betwixt his Majesty and them and in so deep a business they desire the advice of the Committee of both Kingdoms c. 9. The Articles of the surrender of Newarke brought to the Parliament After the surrender the Scots Army drew off and retreated about four miles the King with them in the Army An hundred pound given to the Colonel that brought these Letters and thirty pounds to the other Messenger Banbury Castle was surrendred to Col. Whaley upon Articles Order for thanksgiving to God
consider what Garrisons are fit to be demolished 4. Progress upon the propositions for Peace and both Houses agreed to trust London with their own Militia Col. Rossiter was called into the House and had thanks for his good services The Treaty proceeded for the surrender of Oxford 5. The Ordinance past both House for the Church Government Ammunition ordered for the Forces at Monmouth and Money Divers Ordinances past the House of Commons for compositions of Delinquents 6. Order for the Commissioners of Excise to pay ten thousand pound a Month for the Northern Forces A Declaration ordered to be drawn of the misdemeanors Plundrings and Cruelties of the Scots Army and their refusal to surrender the English Garrisons and to undeceive the People â—ouching a Book of the Lieutenant of the Scots Army justifying their proceedings and to draw the affections of the English to the Scots Sir Robert King brought Letters from Ireland to the House one from the King to the Marquess of Ormond to be communicated in Ireland to this effect That his Majesty having sent many Messages and Propositions for Peace to the Parliament received either no answer or such as shews their intentions to ruine him and Monarchy it self and a refusal of what formerly themselves desired but to have That hereupon having received good security that he and all that would adhere to him should be safe in their Persons Honours and Consciences in the Scots Army who would joyn with the King and his Forces in procuring a happy Peace and his rights he resolved to put himself into that Army and to use the best means by conjunction of them with the Forces of the Marquess of Montross and his Friends in England and Ireland to endeavour the setling of a good Peace The Treaty proceeded for the surrender of Oxford the General had nineteen thousand five hundred men in his Army 8. Mr. Hudson one of the Kings guides to the Scots Army was discovered at Rochester coming to London and apprehended Papers from the Scots Commissioners here touching the Kings Letters to the Marquess of Ormond whereof they say they had no knowledge nor hand in it ordered to be considered at a set day Ordinance for a thousand pound a Month for the Garrison of Henley Bostall House was surrendrd to the Parliament upon Articles A Letter of thanks to the General and order for thanksgiving to God for the several late successes 9. Votes That the King in going to the Scots Army intended to prolong the War against the Parliament in England and to make a difference between the two Kingdoms That there should be a Declaration to set forth the Jealousies and fears and the grounds thereof this Kingdom had to be presented to the States of Scotland and their Commissioners here Order for the Execution of the Ordinance for Church-Government Letters intercepted going to Oxford to incourage them to hold out and that the King was in the Scots Army Recruits came out of Scotland to the Army at New-castle The Lord Byron surrendred Caernarvon Castle to Major General Mitton upon Articles Letters and Papers read of transactions between the Marquess of Worcester and the Committee of Monmouth and L. G. Morgan and his Lp. for the surrender of Ragland Castle which Morgan by command of Sir Thomas Fairfax summoned and the Marquess desired liberty to send to the King to know his Pleasure which Morgan denied alledging that the King was in the Army of the Scots our Friends who had proclaimed that none formerly in Arms against the Parliament should be admitted to any conference with him The Marquess resolved to stand it out to the uttermost 10. Order for Circuits to be gone and the Commissioners of the Seal to appoint Judges Messages between the two Houses about the reception of the Russia Embassador and about an house for him 11. Several Orders in private matters Col. Glyn voted to be Governor of Caernarvon Castle The Garrison of Bostall house marched out and left four Brass Pieces and one Iron Gun store of Provisions and Ammunition 12. A Ship was taken with Ammunition and Provisions for Pendennis Castle and divers Letters intercepted in her Some of the Sheriffs and Common Council of London came to the House gave them thanks for their unwearied labours and desired that in any act or propositions care might be taken of the Rights and Priviledges of the City and were answered that the House have been and ever will be tender of the Rights and Priviledges of the City Order concerning an honourable reception of the Russia Ambassador 13. The Russia Ambassador solemnly received and delivered his Message for Unity between the two Nations and concerning Trade The Judges were appointed in several Circuits and the Commissioners of the Seal ordered to issue forth Commissions and Warrants requisite for that purpose The Order for Church Government published and ordered to be put in Execution Two hundred Sallyed out of Farrington House fell upon the Guards but the Parliament Forces wounded their Commander Major Hen and took him Prisoner killed two Lieutenants and five others took four Horses forty brown bills and forced the rest into the House again and lost but four men 15. Letters from Ireland informed of a great defeat given to the Protestant Forces in Ireland by the Irish Rebels the House ordered several Supplys for those Forces and ordered five thousand Foot and fifteen hundred Horse to be provided for that Service Referred to the Committee of Ireland to dispose of the Forces under Major General Massey for the Irish Service and the rest to be disbanded the like for other Forces in several Counties Complaint of the Major and others of Derby against some of the Soldiers of that Garrison upon his commitment of four of them for Sheepstealing the House ordered those Forces to be disposed of for Ireland and that Garrison to be dismantled The Scots Forces in Vlster marched out of their Garrisons under Major General Monrow to fall upon the Rebels all of them were about five thousand Foot and eleven Troops of Horse they were informed that the Rebels had eight Regiments of Foot and twelve Troops of Horse compleatly armed but the Scots would not believe it nor valued it but the Brittish Forces marched after them The Rebells drew up in good order in a place of advantage and set divers Ambuscadoes the Brittish Horse drew up so near them that they were galled and retired their Ambuscadoes made the Protestants retire and after some hours hot dispute the Rebels prevailed near five hundred of the Protestants killed taken and routed five field pieces with all the Ammunition and Baggage lost and about five thousand Foot Arms and most of the Officers killed and taken The Lord Mont-gomery and Lord Blaney taken the Lord Conweys Son had two Horses killed yet mounted on a third and escaped many Horses lost and men wounded Letters from the King to both Houses of Parliament to the same effect
the Earl of Essex to sit in Parliament Divers Scotch Ministers endeavoured to satisfie the Kings Conscience that he might take the Covenant but could not prevail 17. An Ordinance sent up to the Lords for charging ten thousand pound upon the Excise for poor Widows Officers Wives and others The Lords desired the concurrence of the Commons that the Earl of Northumberland be made L. Lieutenant of York-shire in the stead of the Earl of Essex deceased A Petition of the Levanâ— Merchants against Sir Sackvile Crow for Cruelties and Tyrannies exercised by him against their Company and desiring his Commission might be made void was referred to a Committee Order for four hundred pound for relief of poor Irish Protestants here 18. Order for a Letter to the Grand Seignior to revoke the Commission of Sir Sackvile Crow from being Agent at Constantinople and power given to the Merchants to chuse a new Agent Voted That no Consultation touching his Majestics Person should hinder the March of the Scots Army out of England nor violate the Treaties and that the Kings Person should be disposed of as both Houses of the Parliament of England should hold fit The Speaker desired he might communicate some secret Intelligence which he had to a Committee and was ordered to do it to the Committee of both Kingdoms and the Committee of the Admiralty Order for stating Arrears of Accounts 19. The Houses sate not The Estates of Scotland met about the surrender of the English Garrisons c. 21. The Commissioners from Scotland not being able to prevail with the King to pass the propositions returned into Scotland The Kings did not absolutely refuse to do it but said he hoped they would grant him a hearing which for better accommodation he desires may be near London and doubts not but after a full hearing he may not only have but receive full satisfaction Letters informed of the Irish Rebels drawing with a great Army towards Vlster and that the Marquess of Ormond was gone with Forces to joyn with them to suppress such as withstand the new Peace The Committee of Worcester took great care in listing their Soldiers for Ireland 22. No means prevailing with the King to pass the Propositions the House named a Committee to turn those Propositions into Ordinances of Parliament Order that the Committee of both Kingdoms do communicate to the Scots Commissioners the Votes of the House for disposing of the Kings Person Ordinance for Money A Committee for satisfying the City about the security for the two hundred thousand pound Letters of the surrender of Silley and Col. Rouse appointed Governor Reasons offered by the Commons to the Lords for continuance of the Commissioners and Treasurers of the Army The Lords Voted the Lord Roberts to be Governor of Silly but before that the Commons Vote was passed for Col. Rouse The Lords concurred with the Commons in the Vote for disposing of the Kings person The Duke d'Anguienne Besieged Dunkirk The Spaniard raised Forces to relieve it 23. The House proceeded in a grand Committee upon the Ordinance against Blasphemies and Heresies A Petition of Lieutenant Col. Lilburnes Wife accompanied with many Women at the door of the House and mentioning the Tyranny of the Lords by their imprisoning of her Husband and thereby divorcing her from him and desires Justice Intelligence came that upon discovery of a Plot against the Person of the Marquess of Ormond and those with him they returned back to Dublin 24. A new Committee appointed of both Houses to treat with the Scots Commissioners about disposing of the Kings Person this new Committee was purposely named to carry on the design touching the Kings Person as was intended The Committee of Foreign Affairs appointed to receive what the Spanish Ambassador desired to communicate to both Houses Order that no Passes should be granted to transport any Horses for six Months An Ordinance sent up to the Lords to put the Office of Chancellor of Chester in the Speakers of both Houses Order for the Forces of Cheshire for Money A day set to consider how the Army under Sir The. Fair fax shall be disposed of 25. Orders for Money and Cloaths for the Forces in Vlster Order to continue the Committee of both Kingdoms till the last of November next and that if the Scots Commissioners shall refuse to joyn with them then they were to act by themselves Votes That the Estates of the Lord Capell Lord Cottington Marquess of Winchester Earl of Worcester and Sir Charles Smith should be sold to raise Money for Ireland Some of the Assembly of Divines from the rest brought into the House such Heads of the Articles of Faith as they had perfected The Establishment and securing of Wallingford Castle referred to the General and a Committee named to draw up a new establishment thereof 26. The House sate not 28. Letters from the North certified that the Convention at Edinburg agreed that the Scots Army should march out of England upon the receipt of the two hundred thousand pound as agreed and all Towns and Castles held now by them in England to be delivered up that they are sending a Plenipotence to their Commissioners here to determine with the Parliament of England as to the dispose of his Majesties Person The Irish Rebels by Declaration disclaimed the Peace made with the Protestants The Articles of the Surrender of Silly Islands sent up 29. Vote That no Office shall be conferred by any Committee upon any person without consent of the Parliament A Committee of the long Robe appointed to make some amendmerts in the Ordinance for security to the advancers of the two hundred thousand pound Great complaints of the Quartering of the Scots Army in the North and in Lancashire Denbigh Castle was upon Treaty of surrender Order against the great resort of multitudes of People to the door of the House and it was observed then that some of those Gentlemen who formerly most incouraged such resort were now most fearful of them 30. The publick Fast day the House met after the Sermons and ordered an Ordinance to be drawn up to be read in every Congregation on every Fast day and therein the sins of the Nation to be mentioned and lamented and particularly in relation to Ireland The Ordinance for Observation of the publick fast day sent up to the Lords with some amendments An Ordinance to be drawn up to prevent clandestine Marriages without the consent of Parents October 1646. October 1. Order for five hundred pound to be paid to the Executors of the late Earl of Essex for defraying some ingagements and for the charge of his Funeral and that of four thousand five hundred pound due to his Countess who was disaffected to the Parliament four thousand pound should be paid to the State and five hundred pound to Col. Mathews and to the Servants of the Earl A question being propounded whether the great Seal be disposed of
Now there began to be an understanding between some here and the Scots for their delivery up of the Kings Person to the Parliament Both Houses agreed to appoint a Committee to ask some questions of the Duke of York touching the Kings Letter to him for his escape and to refer to the Committee of both Kingdoms a Letter newly come from the King to both Houses much to the same effect with his former desiring to come to London or to some of his Houses thereabouts with Honour and safety and that the Letter be communicated to the Scots Commissioners The Scots Commissioners had sent to the Lords to acquaint them with their speedy going away from hence to Scotland and desired to know what further service the Houses had to command them to the Parliament of Scotland Both Houses agreed that the Committee of both Kingdoms should return the thanks of the House to the Scots Commissioners for all their pains and good service taking notice of this their last respect to the two houses Orders for five hundred pound for Col. Blake for disbanding some Forces and for Sir Ben. Ayliffe and Sir William Wingfield Prisoners to be bayled 25. Though Christ-mas day the Houses â—ate ordered a Collection for the poor The Commons concurred with that part of the Vote of the Lords That the Kings coming to Holmeby shall be with respect to the safety and preservation of his Majesties Person and in preservation and defence of the true Religion The question was put whether words according to the Covenant should be passed and it pass'd in the affirmative 26. The Commons agreed with the Lords That after his Majesty was come to Holmeby house and attended by such as both houses shall appoint and that the Scots are gone out of this Kingdom the Houses will do nothing but what shall be for the preservation of the Peace and Vnion of both Kingdoms This with the rest ordered to be sent to the Lords Many Citizens attended impatiently for an answer to their Petition 28. Both Houses conferred the Searchers place of Sandwich and Dover upon Col. Mainwaring of London and other competitors were referred to a Committee to find out something for them An Ordinance pass'd at Sir Henry Vanes request to enable him to make a surrender of his place of Treasurer of the Navy Both Houses agreed that there should be no further Treaty with the King and the Commons voted That the King coming to Holmeby House and the Scots Army gone out of the Kingdom the two Houses will then joyn with the Scots in using all possible means to perswade the King to pass the Propositions and if he refuse that then the Houses will do nothing that may break the Vnion and Affection of the two Kingdoms but to preserve the same Upon this and the other Votes a Declaration was pass'd and sent up to the Lords and with them the Ordinances for Sale of Bishops Lands and for taking away the Court of Wards to be sent to the King as additional Propositions A Conference of both Houses about Compositions of Delinquents and that Lawyers and others who had taken Oaths to attend at the Terms might not be made Sheriffs who take an Oath to attend the County Affronts offered to the Parliaments Commissioners and to their Officers and Soldiers in Ireland Great wants of the Protestant Forces there so that a Soldier had but six pence and a six penny-loaf of Bread in a week to live upon 29. The Lords agreed to the Ordinances and declaration yesterday sent up to them but the Houses did not agree to a Clause added by the Lords for giving one hundred thousand pound per An. to the King in lieu of Wardships Mr. Mynnes after proofs heard and examinations was voted a Delinquent and four thousand pound due to him in the hands of Sir Humfrey Forster was ordered two thousand pound thereof to Sir John Merrick in part of his Arrears and the other two thousand pound to Whitelocke for his Arrears and Charges Order that Mr. Minnes do bring in his Deeds evidences c. for Sir Humphrey Forster and that he be indempnified for his paying the Money according to the order of the Parliament Orders for the payment of Hull Garrison for Sir Jo. Hippesley's disbursements for the State to be audited and paid To some Queries propounded by the Parliament of Scotland to the Assembly of their Kirk the Assembly gave this Answer The Quere supposeth the Kings coming into this Kingdom which we humbly conceive should not be put into the question and therefore desire your Lordships to go about all means for the present preventing of it as a matter of most dangerous consequence to Religion this Kirk and Kingdom and to the King himself and his Posterity But if the question be stated If the King be excluded from Government in England for not granting the Propositions concerning Religion and the Covenant and for not giving a satisfactory answer to the remnant Propositions whether in that case it be lawfull to assist him for the recovery of the Government or if it be not lawful being put to it we cannot but answer in regard of the ingagement of this Kingdom by Covenant and Treaty Negative The Parliament of Scotland pass'd these Votes 1. That Scotland shall be Governed as it hath been for the five last years all means being used that the King may take the Covenant and pass the Propositions 2. That the taking the Scots Covenant and passing some of the Propositions doth not give warrant to assist him against England 3. That upon bare taking the Covenant we may not receive him 4. That the Clause in the Covenant for defence of the Kings Person is to be understood in defence and safety of the Kingdom 5. That the King shall not execute any power in Scotland till he hath granted the propositions concerning Religion and the Covenant and given a satisfactory answer to both Kingdoms in the rest of the Propositions presented to him by both Kingdoms at Newcastle 6. That if his Majestie refuse to pass the Propositions he shall be disposed of according to the Covenant and Treaties 7. That the Vnion be firmly kept between the Kingdoms according to the Covenant and Treaties 30. The Fast day divers new Members took the Covenant and voted that all such Members who have not taken it shall take it the next Fast day or be suspended the House 31. Instructions for the Commissioners who are to take possession of the Garrisons upon the departure of the Scots and for the Hostages agreed upon and a Letter to General Leven that the Scots may lay no Assesments nor take any free Quarter upon their March after the first hundred thousand pound shall be paid Order for the Ammunition in Berwick and Carlisle to be brought to New-castle Debate about the City Petition and Crowds of Citizens attending to know what was done in it In the afternoon they sate again and till
settle differences between well affected Tenants and disaffected Landlords and to consider of Judges for Wales Dr. Hudson the Kings Guide was long examined in the House and committed close Prisoner to the Tower for Treason Orders for sixty pound to the Officers and Troopers that brought up Dr. Hudson and for the discharge of Col. Morrice and for sixty pound to the Serjeants Deputies 22. The Grand Committee sate upon matter of Religion and the Lords Ordinance prohibiting any to Preach but those who are ordained The King propounded to the Scots Commissioners two Quaeries in what condition he stood whether a free man or under restraint if not a free man then his answer to their desires would not be valid They pressed him to assent to the Propositions if not they must acquaint him with the resolutions of the Parliament of England The King replied he knew them and demanded if he went to Scotland whether he should be there with Honor Freedom and Safety to which they gave no answer 23. The Grand Committee sate about the payment of the Soldiers 25. The House received a Declaration of Scotland sent to the Scots Commissioners here to be communicated to both Houses of Parliament to this effect Reciting former transactions with the King and his denyal to sign the Propositions that the King hath often declared his desires to be near the Parliament of England who have communicated to them that Holmeby House is the place they think sit for his Majesty to come unto there to remain with safety of his Person in the preservation and defence of the true Religion and Liberties of the Kingdoms according to the Covenant Therefore and in regard his Majesty hath not given a satisfactory answer to the Propositions and to keep a right understanding and prevent new troubles to satisfie the desire of his Majesty the Parliament of England to prevent misinformation and to satisfie the estates of the Parliament of Scotland do declare their concurrence for his Majesties coming to Holmeby House or some other of his Houses in or about London there to remain till he satisfie both Kingdoms in the Propositions of Peace And that in the interim there be no harm done to his Person that there be no change of Government other then hath been the three years past and that his Posterity be no way prejudiced in their Lawful Succession They are assured that the intentions of their Brethren are the same and they conclude that they will endeavour to keep all right between the Kingdoms according to the Covenant and Treaties They desire 1. That a Committee of both Kingdoms attend his Majesty and press him to grant the Propositions and if he refuse to determine further what is necessary for continuing the Vnion and that no agreement be made with the King distinct 2. That such Scots as have Places about the King may exercise them except Persons excepted and none be barred access or attendance who have warrant from either Parliament 3. That the one Kingdom assist the other in case of trouble 4. That England agree for some Competency for the Scots Forces in Ireland A Committee touching the Accounts of the Kingdom Orders for one thousand eight hundred pound for Sir Philip Stapleton for his Arrears and for two thousand five hundred pound for Col. Thompson and for Captain Torneton Major of London Derry to be sent for in Custody to answer the Committee of Accounts Order for Sir Thomas Fairfax to have his five thousand pound per An. out of Delinquents Estates excepted Orders for Disbanding the Troop of Wilts and for six thousand pound for the Regiment of Northampton-shire and for twelve thousand five hundred pound for the reduced Officers A Committee to confer with the Judges about bringing excepted Persons to a speedy Tryal An Ordinance read for Sale of Delinquents Estates who are excepted but they to be first tryed Order for six thousand pound for the Garrison of Portsmouth out of such Delinquents Estates as the Gentlemen of Hampshire should name Upon the Lord L'Isle's desire Major Harrison voted to go with him into Ireland A Letter from the French Ambassador to the Lords that he had Letters of Consequence from the King his Master to the Parliament 26. Divers Compositions past that of Mr. Goodale rejected because he lately killed a man in cold Blood In the afternoon the House sate about the Scots Papers Letters from the North informed that the Scots had received their Money and given Acquittances for it That the Parliament of Scotland sent their resolution to the General and Commissioners to deliver the King to the Commissioners of England to be conducted to Holmeby Major General Skippon published a Proclamation at the head of every Regiment of his Convoy that no Officer or Soldier under his Command either in Word or Deed give any just occasion of offence to any Officer or Soldier of the Scots Army but demean themselves towards them civilly and inoffensively as becometh Brethren Letters from the North that the Scots had shipped their own Ordnance and Carriages that they sent but fourteen Troopers to Convoy their Money 27. The Monthly Fast After the Sermons the House met and ordered a general Fast day throughout the Kingdom to beseech God for the rooting out of Heresie and Blasphemies At a Conference both Houses agreed to the Scots desires That when the Scots Army is out of the Kingdom and the King come to Holmeby Commissioners be sent from both Kingdoms to press his Majesty to pass the Propositions and Sign the Covenant And if he refuse then to consider how to settle the Kingdoms according to the Covenant and Treaties that nothing be concluded with the King but according to the Treaties that no Person excepted be admitted to the King that those chosen to attend him at Holmeby be but for a time nor any prejudice to be to those who have adhered to the Parliament and that when any trouble ariseth in either Kingdom the other to assist according to the Treaties 28. Order for Money for the reduced Officers Mr. Barrill approved to be Attorney General in Ireland Orders for the Assesments for Ireland to be continued for discharging of Sir Robert King and Sir Jo Clotworthy from being Commissioners for Ireland upon their own desires and for supplys for Dublin Order for Newport Pagnell to be slighted and the Ammunition there to be sent to Ireland Orders for all the Officers and Soldiers designed for Ireland speedily to repair to the Sea Side and for six pound a Week allowance for the Lady Ranelagh and for five hundred pound for Col. Temple for his Arrears The Lord Lieutenant of Ireland took his leave of the House 29. Debate in the Grand Committee concerning Persons Preaching who were not Ordained The Commission agreed for the Agent of the Turkey Company to Constantinople sent up to the Lords and they consented to it 30. The Grand Committee sate concerning the pay for the Army Letters
and to stand with a Paper in the Market-place and to be whipped Another shot to death for killing a man 14. The Lords finished the four Bills to be sent to his Majesty and named the Earl of Northumberland Kent Rutland Pembroke and Salisbury to be their Commissioners to present them The Commons concurred and named for their Commissioners Mr. Bulkley Mr. L'Isle Mr. Robert Goodwyn and Mr. Kemp for their Commissioners or any three of both Houses Order for Money for Ireland Divers Compositions passed 15. Ordinance for Sallaries for the Officers of the Committee of Accounts Another pass'd for addition of Members to the Committee of the Navy The Scots Commissioners desired time to consider of the four Bills to be presented to his Majesty Vote of both Houses for the Country Committees to certifie the full value of all Sequestred Estates The House in the afternoon passed an Answer to the Scots Commissioners That Bills pass'd both Houses are not to be altered by any other and that they are resolved to send their Commissioners by Tuesday next and desire that the Scots Commissioners would send their Propositions at the same time 16. Report from Col. Lilburne's Committee An Ordinance for repairing Churches and Chappels Ordinances sent to the Commons for turning Delinquents out of the Lines Another about chusing Common-Council-men Malignants and such as abetted the late Force against the Parliament to be uncapable to be chosen Order for five thousand pound to be paid to Mr. Hampden's Executors An Ordinance pass'd for setting poor people to work A Letter with an inclosed Declaration from the Scots Commissioners Order about the Guards of the House Ordinance pass'd for Captain Ed. Harley to be Vice-Admiral of the North c. Reference to the Committee of the Navy about the Isle of Providence Letters from Windsor of a good agreement between the Parliaments Commissioners and the G. Councel of the Army about the particulars before-mentioned and for the Armies being drawn into Garrisons and all free Quarter to be taken off so as they may have constant Pay Deans and Chapters Lands desired for security A Petition of the Farmers in Surrey to the General about free Quarter and their Landlords refusing to deduct of their Rents for the free Quarter they desired the General to move the Parliament for their Relief herein who recommended it to the Houses 18. Mr. Marshall and Mr. Nye appointed to go Chaplains to the Commissioners to the Isle of Wight Divers Compositions passed Order for Col. Nedham's Arrears to be audited One of Col. Lilburn's Regiment condemned to dye by the Councel of War for raising the Mutiny at Ware and others to run the Gantelope Captain Grey and Major Cobbet tryed 20. The Commissioners ordered two hundred pound for their Charge to go to the Isle of Wight The Primate of Armagh continued Preacher at Lincolns Inne Referred to a Committee to examine what Delinquent Ministers did Preach or Read the Book of Common Prayer and to silence them which was much opposed by divers as contrary to that liberty of Consciences which they themselves pretended to insist upon as due to every Christian It was carried in the Negative upon the question that Deans and Chapters Lands should not be security for the Arrears of the Soldiers but that it should be out of the remainder of Bishops Lands and out of Forrest Lands and the Excise Several Compositions were passed Debate upon the Declaration from the Scots Commissioners claiming in language a joynt interest with the Parliament of England in the setling of Peace in both the Kingdoms and protesting against the four Bills and they press for a personal Treaty at London They inforce Let that be given to God which is God's and to Caesar that which is Caesar ' s and puts them in mind of their professed Loyalty An Answer was agreed upon in like high termes to their Declaration 21. Order for an Ordinance for further Indemnity for the Soliders and for another to draw the Forces into Garrisons and for a Declaration of the necessity that hath been to keep up an Army and to take free Quarter and that if the Kingdom will pay in six Months Arrears of the sixty thousand pound per Mens that then the other three Months Arrears will be remitted and no Officer shall come into any mans House without his leave nor no Soldier except in Innes Ale-houses Taverns and Victualling-houses The Printer Committed for Printing the Scots Declaration without leave of the House Orders for preserving the Arms of such as shall be disbanded from being imbezeled that the Forces to be disbanded shall have two month pay and divers Compositions were passed Major Cobbet sentenced by the Court-Martial to be Cashiered 22. Debate of an Ordinance for reimbursing the Commissioners of the Customs and they to be removable at the pleasure of both Houses their Money being paid An Ordinance passed for the maimed Soldiers another committed for securing the Soliders Arrears Another past for stating the Accounts of the Army Another pass'd to make a Committee in Kent to hear Differences about Military Affairs and to give indemnity Order for the Members to go into their several Counties for collecting the Arrears of the Assesment 23. The Trustees for Bishops Lands were made Trustees for Delinquents Lands and Forrest Lands for security of the Arrears of the Soldiers Vote That 15 January next the Army shall be drawn into Garrisons and free Quarter taken off and that the remainder of Bishops Lands should be security also to the Soliders Orders about collecting the Assessment of sixty thousand pound a Month. 24. Letters from the General to the House with a Paper of the result of the Councel of War at Windsor concerning Quartering of the Soliders in Innes Ale houses c. referred to the Committee of the Army to confer and consider with the General and his Officers about it A Petition of Divers Citizens who were abused the last year for opening their Shops on Christ-mas day though an Ordinance of Parliament did warrant it Order that the Committee of the Militia of London and Westminster should take care to prevent the like inconveniences and to put out of the Lines all Delinquent Ministers Order upon the General 's Letter for Col. Rainsborough to go forthwith to his Charge at Sea as Vice-Admiral At a Councel of War some Officers acknowledged their Errors upon former passages and desired to be re-admitted into the favour of the General and his Councel which was approved and the Officers kept a Fast where Cromwell Ireton Col. Tichburne and other Officers Prayed and from Scripture exhorted to Unity and Obedience to Commands 25. Christ-mas day the shops were all shut up in London notwithstanding the Ordinance to the contrary The Houses sat and upon complaint that some Delinquent Ministers Preached on this day in London and that the Common-Prayer-Book was used in several places power was given to the Committee of Plundered Ministers
Lambert that he intends no hurt to him or to the Kingdom which his future carriage would demonstrate The Major General returned answer that as to not satisfaction with this Parliament he had nothing to say but as to his coming in hostile way in England he would oppose him to the utmost and fight him and his Army as Traytors and Enemies to the Kingdom That this great breach of the Covenant and large Treaty between the two Nations he doubted not but would be revenged upon them to their utter ruine and was assured of assistance herein by all true English men and right Covenanters of the two Nations Letters from France that Prince Charles was sailed from Calice to Holland 13. Order to prevent tumults that no more Prisoners of quality shall be brought up to London but be disposed of to other places of strength The Earl of Holland was sent Prisoner to Warwick Castle Order for a thousand Foot and five hundred Horse to be raised and maintained in Essex out of the estates of those who ingaged with the Lord Goring The House approved Articles made by Colonel Rich upon the surrender of some Castles in Kent and that a letter of thanks be sent to him and ammunition for his Regiment Order that the Estates of the Duke of Bucks of the Lord Francis his Brother and Sir Francis Ratcliff in the North shall go towards the maitenance of the Forces of Major General Lambert 14. Letters from Major General Lambert that Duke Hamilton was advanced into this Kingdom with an Army of ten thousand men with whom Sir Marmaduke Langdale is joyned and that their Army is about Carlisle The House declared that the Forces now come out of Scotland into England in an hostile manner being without the authority of the Parliament of England are Enemies to England and that all such English or Irish that shall adhere to or assist them are Rebels and Traytors to England and shall be proceeded against and their Estates confiscated as Traytors and Rebels Order for twenty thousand Pounds for the Forces in the North and that all the Revenues of the King Queen and Prince in the North shall be paid by the Receiver of Yorkshire to the Commander in chief of the Northern Forces for their maintenance and referred to the Committee of Darby House to consider of sending more Forces down to Major General Lambert Here you may take notice of a strange turn in the affairs of this Parliament to which all humane affairs are subject but in these times much more than ordinary You have read the great indeavours formerly to bring them in as Friends to assist the Parliament and remember the story of their actions and return home again now the other faction in Scotland prevailing the Scots are turned Enemies to England and invade them with a considerable Army before they joyned with the Parliament against the King now they joyn with the Kings Forces against the Parliament How like the Sea the People of the world are still ebbing or flowing always in an uncertain motion and constant in nothing but inconstancy Debate upon the Citizens offer of security to the King and both Houses of Parliament during the Treaty if it be at London 15. Letters from Lieutenant General Cromwel to the General and to the Committee of Darby House that 11. of July last the Town and Castle of Pembroke were surrendred to him upon Articles That Langhorne Poyer and four more Officers surrendred to the mercy of the Parliament Sir Charles Kemish Sir Henry Stradling and about ten more Officers and Gentlemen were to depart the Kingdom within six weeks and not to teturn in two years and all the rest to have liberty to go to their homes and not to be plundered The sick and wounded men to be taken care of the Towns-men not to be plundered but to injoy their liberty as heretofore The Town Castle Arms Ammunition and provisions to be delivered up to Lieutenant General Cromwel for the use of the Parliament That Cromwel prepared to advance towards Lambert to joyn with him again the Scots The House declared to adhere to their former Vote that the three propositions shall be signed by his Majesty before a personal Treaty be had with him and a Committee was appointed to draw reasons to satisfy the Lords concerning the same Letters from the Isle of Wight that the King declared to divers of his party and wished them to declare it to others that the Governor Colonel Hammond was a man of honour and trust and had carryed himself civilly and respectfully to his Majesty That Osborne had unjustly and ungratefully aspersed the Governor and as touching the preservation of his person from Poyson or any such horrid design the King said he was so confident of the honesty and faithfulness of the Governour that he thought himself as safe in his hands as if he were in the Custody of his own Son Letters from Colchester Leaguer that the Enemy were all drawn up into the high Street but were beaten in with loss upon their sally forth That Captain Jailler got out of the Town and came to the General and told him that many of the Souldiers in the Town would come to his Excellencie if they knew his Conditions That the General had made a breach in the wall and beat the Enemy from their guards That Colonel Whaley with some of the Suffolk Foot fell upon a Church which the Enemy had fortifyed who presently cried for quarter and that there were taken about eighty Prisoners most Kentish-men Intelligence that the Duke of Bucks party was wholly routed near Oundleby Captain Butler and the Duke with Sir Thomas Bludder and about a hundred more got away privately towards London From Colchester Leaguer that the General had taken Sir Jo. Lucas his House and the Gate-House which was hotly disputed till a hand Granado was by Cromwells men thrown among them which lighting upon their magazine of Powder about forty of them were blown up about sixty taken Prisoners the rest of a hundred and forty were destroyed and killed This so inraged them that being confined within the walls they fired all the Suburbs round about a very sad spectacle the Houses for above a mile together being all of a flame one of the Companions of War 17. Voted that after the three propositions signed the King be desired to name three places within ten Miles of Westminster of which the Parliament to choose one where the Treaty with his Majesty shall be had The Commons confirmed what was done by the Governor of New Castle in laying the Tax on Coals and Salt there They gave twenty pounds to the Messenger of the surrender of Pembroke Castle Voted a pardon to divers that were in the Insurrection in Kent and to all that came in upon the Indempnity offered and to such as can make it appear that they were forced A Petition from the Tower-Hamlets and from
in general and to propound remedies Debate about the Ordinance for Sale of Deans and Chapters Lands 7. Report of the arrears of the Assessment to the Army to be three hundred fourteen thousand three hundred fifty one pounds for which fifty thousand pound was in arrear in London Order that the Collectors who had not brought in the arrears should be taken into custody and that the Members of the House write to the Committees of the several Counties Letters from Lieutenant General Cromwell of the Surrender of Berwick and Carlisle to him The House approved what he had done and ordered the pay of the Forces there a hundred pound given to the Messenger Letters from the Isle of Wight that the King gave a Paper of reasons to the Parliaments Commissioners why he could not condescend to take away Bishops and Government by Bishops which he conceived to be of Apostolical institution and alledged several Scriptures to that purpose He also propounded some quaeries concerning Presbyterian Government wherein he desired to be satisfied the Commissioners referred it to M r Marshall M r Vines M r Caryll and M r Seaman who were with them to draw up an answer for satisfaction of his Majesty 9. Debate of an Ordinance for a hundred thousand pound for paying the Arrears of reduced Officers and Souldiers and Upon information that they were coming to London from all Parts of the Kingdom Order for a declaration to give them notice that the House is passing an Ordinance for satisfaction of their arrears and that their coming up to London will hinder the great business of the Kingdom and to forbid their coming up upon that or any other pretence whatsoever Order to admit Colonel Butler to his Composition upon Pembrokes Articles The Lords House being called there were about thirty Lords with them Letters from the Isle of Wight that his Majesty gave in to the Commissioners his objections touching the alteration of Church Government and the Ministers then with the Parliaments Commissioners gave in a Paper for answer and satisfaction to the Kings Scruples and as to the obiection that the Sale of Bishops Lands was sacriledge the Commissioners said it lay so much in the Laws of the Land that the Ministers could not judge of â—it That in their Debate touching the Liturgy the King asked what fault they found in the Common Prayer Book to which was replyed that the Liturgy was taken out of the Masse-Book only spoyled in the Translation and that King James had so considered it The King said that if it were good in it self that did not make it ill That his Majesty offered a limited Episcopacy Letters from Lieutenant General Cromwell of the particulars of the rendring of Berwick and Carlisle to the Parliament and desiring that Sir Arthur Haselrigge may supply Berwick being so considerable a place with Guns and Ammunition from New-Castle That both Parties in Scotland were agreed to disband all Forces except fifteen hundred Horse and Foot under General Leven to be kept to see all remaining Forces disbanded that he had some things to desire from the Committee of Estates in Scotland for the service of the Parliament of England for which purpose he was himself going to them The Chancellour of Scotland by command of the Committee of Estates of Scotland writ a Letter to Lieutenant General Cromwell giving him thanks for the many civilities and kind respect he had shewed to that Kingdom and that they had sent Commissioners to him to acquaint him with the agreement betwixt them in Armes in Scotland wherein they had been careful to avoid any thing that might give offence to the Parliament of England They acknowledge advantage hath come to them by the near distance of the English Forces in preventing new troubles whereof they shall be alwaies mindful and endeavour to preserve the Union and a good correspondence betwixt the two Kingdoms 10. A Petition from New-Castle desiring that before the Treaty be ended impartial and speedy Justice may be executed upon the incendiaries fomenters and Actors in the first and second War Another from York and from Hull that the treacherous and Implacable Enemies may be destroyed and exemplary justice done upon them without partiality or delay and their Estates to go towards discharging arrears and publick debts Another Petition to the same purpose but all laid aside by the House 11. Letters from the Commissioners in the Isle of Wight that his Majesty had consented to the settling of the Militia by Sea and Land as in the Proposition and that he will consent to an Act of Parliament to confirm for three years the form of Church Government and Directory for worship presented to him But that he is not satisfied in his conscience or can be content to the utter abolishing of Episcopacy the Substance whereof he conceives to consist in the power of Ordination and Jurisdiction as they were exercised by the Apostles themselves and others by authority derived from them Superiour to Presbyters and Deacons in the Primitive times His Majesties resolution being to comply with his two Houses for the alteration and regulating of his present Hierarchy and Government so as Episcopacy reduced to the Primitive usage may be settled and continued in the Church and if his two Houses shall so advise his Majesty will be content to lessen the extent and multiply the number of the Dioceses That he will consent to the sitting of the Assembly of Divines as formerly he offered and to confirm the publick use of the Directory and will consent to the repeal of so much of all Statutes as only concern the Book of Common Prayer and taking the same away out of all Churches provided that the use of it be continued to his Majesty That he will consent to an Act for the better observation of the Lords day and to prevent saying of Mass That he was not satisfied to take the Covenant or to impose it upon others and conceives his two Houses will not insist upon it and the rather because the ends of it will be obtained by the agreement if happily concluded Upon Debate of this Paper from his Majesty whether as concerning matter of Religion it was satisfactory or not it was voted in the Negative and a Letter ordered to be Writ to the Commissioners to proceed in the Treaty according to their Instructions and that till the Proposition for Religion were signed they should not proceed to the debate of any of the new and that notice should be taken of the extraordinary wise management of this Treaty by the Commissioners An Ordinance transmitted to the Lords for five thousand pound for pay of the Horse-guards attending the Parliament Orders touching mony and Provisions for the Fleet. 12. Upon a report from the Commissioners of the Seal the House ordered that there should be a new call of Serjeants at Law and voted to be Serjeants Out of Grays Inn Sir
upon view of those proofs we shall be the better able to advise and your Lordships to judge what will be fit to be done in this matter Maynard Your Excellence and my Lord Chancellour are pleased to require our advice in this great business and we shall deal cleerly and freely with your Lordships which I think will be most acceptable to you and will in conclusion be best for your service Mr. Whitelocke hath begun thus and in speaking his own sense hath spoken much of mine and left me the less to say and I shall follow him in the same plainness and method as he hath begun which I presume will be most pleasing to your Lordships The word Incendiary is not much conversant in our Law nor often met with in our Books but more a term of the Civil Law or of State and so to be considered in this case and to be taken according to the expression wherein it is used in the Accord of the two Kingdoms and in the sense of the Parliaments of both Nations That sense of it which my Lord Chancellour hath been pleased to mention it doth bear ex vi termini and surely he that kindles the coals of contention between our brethren of Scotland and us is an Incendiary and to be punished as it is agreed on by both Kingdoms But my Lords as you have been told there must be proof made of such particulars of words or actions upon which there may be sufficient ground for a Parliament to declare their judgment that he who used such words or actions indeavoured thereby to raise differences and to kindle the fire of contention among us and so that he is an Incendiary Lieutenant General Cromwel is a person of great favour and interest with the House of Commons and with some of the House of Peers likewise and therefore there must be proofs and the more clear and evident against him to prevail with the Parliament to adjudge him to be an Incendiary I confess my Lords I do not in my private knowledge assure my self of any such particulars nor have we heard of any here and I believe it will be more difficult than perhaps some of us may imagine to fasten this upon him And if it be difficult and doubtfull it is not fit for such persons as my Lord General and the Commissioners of the Kingdom of Scotland as yet to appear in it but rather first to see what proofs may be had of particular passages which will amount to a clear proof upon which judgment may be grounded that he is an Incendiary And when such proofs shall be ready to be produced we may again wait upon your Excellence and the business will then be the more ripe for your Lordships resolution in the mean time my humble opinion is that it may be deferred Mr. Hollis and Sir Philip Stapleton and some others spake smartly to the business and mentioned some particular passages and words of Cromwel tending to prove him to be an Incendiary and they did not apprehend his interest in the House of Commons to be so much as was supposed and they would willingly have been upon the accusation of him But the Scots Commissioners were not so forward to adventure upon it for the reasons they said did satisfie them which were given by Maynard and Whitelocke until a further inquiry were made of particulars for proof to make him an Incendiary the which at length was generally consented to and about two a clock in the Morning with thanks and Complements Maynard and Whitelocke were dismissed they had some cause to believe that at this debate some who were present were false brethren and informed Cromwel of all that past among them and after that Cromwel though he took no notice of any particular passages at that time yet he seemed more kind to Whitelocke and Maynard than he had been formerly and carried on his design more actively of making way for his own advancement as will appear in progress of this insuing story The Lord sent to the Commons that a speedy answer might be given to the Papers of the States Ambassadors and for audience to be given to the French Agent and a Committee was named to consider of the manner of his reception A Report was made to the House by their Command of the particular passages betwixt His Majesty and the Committee that carried the Propositions to him which they had forborn before to mention but the House having an intimation thereof ordered the particular passages thereof to be Reported to-them which was done as I have mentioned them before The Commons ordered 6000 l. for providing store of Arms and Ammunition A party of the Newark horse being quartered near the Town Colonel Thorney fell upon them took 80 Horse one Major several inferiour Officers 2 Colonels 24 Troupers and Arms. The Commons took order for setling Magistrates in Newcastle though different from the Course of their Charter and disfranchised some of their Aldermen The Parliaments Committee at Newcastle sent up a great quantity of Coals for relief of the poor of London whereof the Commons gave notice to the Lord Mayor and orders for the distributing of them The Clause for Marriage in the Directory was agreed unto An Ordinance past for relief of Soldiers widdows Letters were ordered to several Counties for levying Arrears due to the Army and for the Deputy Lieutenants and Committees to assist the Commissioners of Excise The Commons agreed to the reception of the States Ambassadors as formerly Sir William Massey was made one of the Assembly of Divines The Court Marshal adjudged Sir John Hotham to have his head cut off Higgins the Lord General 's Trumpeter returned from Oxford where he said he was more courteously used than before and that the King commanded he should be kindly used and rewarded and that he was not as formerly hoodwink'd when they brought him in Prince Rupert by the King's direction sent a Letter to the General for a safe Conduct for the Duke of Richmond and the Earl of Southampton to bring unto the Parliament of England Assembled at Westminster and the Commissioners of the Parliament of the Kingdome of Scotland an answer of the Propositions lately presented to his Majesty for a safe and well grounded peace The Commons voted that no Member of either House of Parliament shall during this war injoy or execute any office or Command Military or Civil and that an Ordinance be brought in accordingly This was moved by Mr. Zouch Tate who brought it in with a similitude of a boyle upon his thumb and was set on by that party who contrived the outing of the Lord General and to bring on their own designes and they could find no other way than by passing a Self-denying Ordinance as they called it which would serve their turn both as a specious pretence of their own integrity and waving all self ends and so plausible to the people and would also
conditions were very honourable one much insisted on was that the Cathedral should not be defaced The General advanced towards Barn-stable and sent Parties to Besiege Salt-combe and Dunster Castle 13. Letters from Sir Tho. Fairfax certified the Surrender of Exeter and that he had nominated Col. Hammond to be Governor there which the House approved Lieutenant Colonel Grimes and Mr. Potter Messengers from Sir Tho. Fairfax of this good success had one hundred pound a piece given them Letters from Major General Mitton informed the surrender of Ruthin Castle to him and in it two Drakes and a Murdering-piece Arms Ammunition and Provisions That Captain Simkins and Captain Carter fell upon the Enemy near Denbigh killed seven of them and took divers Officers and Soldiers Prisoners That Sir Trevor Williams fell upon a party of those of Ragland killed fourteen and took forty Prisoners and Arms that divers Officers and others came in to him to submit to the Parliament Col. Mason by desire of Major General Mitton was made Governor of Ruthin Castle and Mr. Fogge a Minister that brought these Letters had fifty pound for a gratuity Letters certified divers good successes of the Parliaments Forces in Ireland and the taking of the Earl of Thomond Prisoner 14. Debate about reducing the receipts of the Kingdom into one general way Order that Committees shall not meddle with any matter of Title or any private interests between Party and party without special authority from both houses of Parliament Upon a Book of printed papers touching the Scots differing about the Propositions for Peace both houses voted That the matter in those printed papers was false and scandalous against the Parliament and Kingdom of England and should be burnt by the common Hangman and a Declaration to be of the truth of those proceedings and that the Author of this Book was an incendiary between the two Kingdoms It was not without some ground of suspition that some of the Scots Commissioners themselves encouraged if not appointed the printing of this Book which caused the more sharpness in divers towards it Order for other Papers to be published about the payment of their Army Religion and the propositions for Peace 15. The Ordinance for the Assesment for Sir Thomas Fairfax's Army sent to the Lords to be continued for four Months longer A Convoy ordered for Ships trading from New-Castle and the Northern parts An Ordinance sent to the Lords for constituting a Church in Dover for the Protestants French and Walloons A Pass granted to the Earl of Northampton to go beyond Sea The Siege of Newarke went on smartly and the Town wanted Provisions Barn-stable was surrendred to the Parliament on the same terms as Exeter and Sir Tho. Fairfax was upon his march towards Oxford many old Soldiers wondred at his speed 16. A Committee named to consider of the Breach of Priviledges of the Parliament in the Ministers Petition A Committee named to consider of those well affected persons who had Offices in the Court of Wards which would be lost by taking away of that Court and how they might be recompensed particularly the Lord Say and Sir Benjamin Rudyeard 17. Order to Licence the East-India Company to transport five thousand pound of Forreign Bullion A Petition of the Lord Inchequin Lord Broghil and others referred to the Committee of the Irish Affairs Maintenance as formerly continued to Sir Robert King Mr. Annesley and Col. Beale the Parliaments Commissioners in Ireland The Declaration touching the Scots Papers passed and ordered to be printed Col. Rainsboroughs men received some loss attempting to Storm Woodstock Mannour 18. Major Dingley made Governor of Evesham The Declaration was published upon occasion of the Scots Papers and to settle a right understanding between England and Scotland and to vindicate the proceedings of the Parliament of England the same is in Print and worth the reading Letters from the Army informed that Exeter was surrendred according to the Articles and Sir John Berkley the Governor marched forth with about two thousand men that as soon as they were out of the Gate seven hundred of them being Cornish men and divers others laid down their Arms and went to their own dwellings and that Sir Allen Apseley was to surrender the Fort the next day 20. Order for ten thousand pound per An. for the Queen of Bohemia and for Money for the Prince Elector Order for the Chambers of Mr. Mostyn and Mr. Stampe in the Temple to be given I think to Mr. Hill A Message from both Houses to the Scots Commissioners desired their speedy answer touching the propositions for Peace that they might be speedily sent to the King Mr. Norfolke and others made Serjeants at Arms. The Batteries went on against Newarke and the Garrison desired liberty to send to the King about surrendring of it Sir William Brereton summoned Litchfield Close to surrender and informed them of the defeat of Sir Ja. Ashley and the rendition of Exeter Barnstable c. Sir Thomas Tidsley and Col. Bagot returned a short and peremptory denyal 21. Almost the whole day was spent in debate of the Ministers Petition and many votes passed for the power of Parliaments in spiritual matters sought to be impeached by this Petition as well as in Temporal and Questions ordered to be drawn up concerning Government jure Divino to have the answer of the Assembly thereunto The Preface to the Pamphlet entituled the Scots Commissioners Papers and the stating of the question concerning the propositions for Peace were burnt by the Hangman In Exeter the Parliament had thirty pieces of Ordnance store of Ammunition and Provisions Mount-Edgecombe was surrendred to Col. Hammond Governor of Exeter and in it thirty pieces of Ordnance store of Arms and Ammunition The Earl of Bristol and Lord Pawlet had leave to stay sometime in Exeter to make their Peace with the Parliament or to get Passes to go beyond Sea 22. Order that every Member that came into the House after Prayers should pay one shilling to the Poor For a new Election and for a new High-Sheriff For payment of a debt of Arms and for continuing the Committee of Middlesex Lieutenant General Cromwell and Sir Hardress Waller came to London from the General to advise about the motion of the Army The Kings Party gave out that six thousand Irish were Shipped for Wales that Montross with twelve thousand men was upon the Borders advancing to the King and their hopes upon the differences between the Presbyterians and Independants and between the Scots and the Parliament 23. Lieutenant General Cromwell sate in the House and the Speaker by command gave him hearty thanks of the House for his good Services Differences between Sir Jo. Danvers and the Lady Gargrave referred to a Committee Order for fifteen thousand pound a months pay for the Scots Army before Newarke the Countrey not being able to bear their Quarter St Michaels Mount Surrendred Order to recommend to Sir
bringing in of any Forreign Forces 2. That the Army be paid up equal with the desertors of it and a constant course of pay for them and that the Lords do concur with the Commons for renewing the Committee of the Army that the Arrears may be collected and the Treasurers may be called to an Account 3. That the Militia of London may be in the former hands faithful to the Parliament and Kingdom 4. That persons imprisoned not for Delinquency but other matters by the Houses of Parliament of their Committees may be released or Bayled till tryal particularly Lieutenant Collonel Lilburne and Mr. Overton 21. Order to examine abuses in distributing Monies to the Officers and Soldiers and for an account about putting them out of the Lines of Communication The Lords concurrence desired for Disbanding those that came off from the Army Order for mony for maimed Souldiers Collonel Jones marching out from Dublin was set upon by Preston with double his number and his men forced to retreat Order That Sir Thomas Fairfax take some speedy course for sending Forces into Ireland Sir Thomas Fairfax removed his Quarters to Aylesbury and the King to Woburne in Bedfordshire 22. Votes upon the Armies Proposals That whosoever shall bring in any Forein Forces without consent of both Houses are Traitors A Petition of divers Ministers to the Lords That their Tithes may be paid They Ordered monies for one of Plymouth and for the Lord Inchequin's Forces and sent to the Commons for their concurrence Petitions from several Wards of London That their Captains being faithful men were put out by the new Militia Vote That the Militia of London be put into the old hands again Order That the General consider how the charge of the Forces here may be lessened and the service of Ireland advanced A Petition and Ingagement of dangerous Consequence of divers Officers Citizens Watermen and Seamen was brought to the House and they referred it to a Committee to find out the Authors and a Declaration to be drawn up against it Ordinance past for Dr. Walker to be Judg of the Admiralty The Commissioners sent another Proposal of the Army to the House for discharge of persons imprisoned or Indicted under pretence of being at Conventicles or other Religious meetings the Statute against them intending meetings of Conspiracy against the State and not for Religious Exercises 23. An Ordinance committed for putting the Militia of London into the Old Commissioners hands and a Declaration upon the Petition now in the City and the Committee Ordered to Report them in the Afternoon And then the Ordinance for the Militia passed both Houses and the Old Commissioners were Ordered to meet this night and to take Order for the security of the City and Parliament 24. An Ordinance past both Houses for the payment of Tithes Order to burn a Pamphlet of Paul Best 's and the Printers to be punished Both Houses agreed the Declaration against the Petition and Ingagement on foot in the City Upon notice to the General of a private Ingagement and Subscription in London and an agitation at Skinners-Hall against the Army a Paper was drawn up by the General and his Councel of War and sent to the Parliaments and Cities Commissioners Of their deep sence of that underhand design as the last and desperate design to put all into confusion they desired the Commissioners of the City to repair to London to take care to prevent the working of these or any such like underminings and they went presently to London The General published a Proclamation against entertaining of Cavaliers in the Army The Head Quarters removed to Bedford and the King to Latimers 26. Votes touching Elections and about satisfying some Officers Arrears The Commons agreed with the Lords about removing the Kings Children to Sion-House A Petition from the Lord Mayor Aldermen and Common-Councel of London almost reproaching the Houses for passing the late Ordinance to put the Militia of the City into the hands of the old Commissioners and to put out the new Commissioners without first taking the sence of that Court about it And being sensible of two Petitions to them one from divers well affected Citizens the other from divers Young men and Apprentices what a general distemper this sudden change hath made in the City they pray that the Militia may be put into the hands of the new Commissioners again Many Young men and Apprentices of London came to the House in a most rude and Tumultuous way and presented to them some particular desires 1. That the Ordinance for change of the Militia of London be repealed 2. That the City may be vindicated against a late pretended Declaration that those are Traitours who shall act to get subscriptions and that it may be revoked 3. That all the Members of the House particularly the Eleven Members may be called into the House and act as a free Parliament The Apprentices and many other rude Boys and mean Fellows among them came into the House of Commons and kept the door open and their hats on called out as they stood Vote Vote and in this arrogant posture stood till the Votes passed in that way to Repeal the Ordinance for change of the Militia and the Declaration In the Evening about seven a Clock some of the Common-Councel came down to the House and understanding that they had in their presence forced the Speaker and the Members to put the Question and pass the Votes they required now so much of their work being done they that put their Apprentices upon it ordered them to disperse themselves again and they presently obeyed the Orders of their Masters 27. Both Houses met early and Adjourned till the thirtieth of this month The Assembly of the Kirk of Scotland ordered a Publick Fast 1. To Lament the growth of wickedness 2. By reason of the Pestilence 3. For the danger to Religion and Reformation by the Sectaries in England and that the Covenant may be kept 4. That God would incline the Kings heart to avoid new snares and to such resolutions as will contribute to the settling of Religion and Righteousness 5. That the Parliament of England and the Synod of Divines may do their duty 6. For the Committee of Estates that they may discern what is fittest to be done for securing that Kingdom and incouraging their Brethren 7. That God would grant even to all his Grace to Repent that he may remove his wrath from us 28. The Monthly-Fast The Common Councel of London sat in the Morning and again after the Sermons then they received a Letter from Sir Thomas Fairfax Of his affection to the City and his dislike of the late Petition and of the means to procure it Divers Young men then attended them to express their readiness to stand up for the Priviledges of the City and to defend them against all opposers The Common-Councel sent a Letter and
Honour Freedom and safety with his two Houses as the only means to settle Peace And then he desires that the Proposals of the Army as to future Parliaments and Elections may be considered 20. Debate for raising Mony for the Army and upon a Letter from the General to the Lord Major Aldermen and Common-Councel of London and another to the Committee of the Army That the General had ordered Col. Hewson's Regiment to Quarter in the City to assist the Committee in collecting the Arrears due to the Army The House ordered Lieutenant Collonel Cromwell to write to Col. Hewson to forbear marching into the City and a Committee of Lords and Commons were appointed to acquaint the Common-Councel with the inconveniencies that might arise if they did not speedily collect the Arrears due to the Army Both Houses ordered their Committee to press the Scots Commissioners to consent to the sending of the propositions to his Majesty Order about placing some of the Kings Servants about him Letters from Ireland informed a late and great defeat given by Col. Jones to the Rebels and that he had beat them off from Dublyn The General 's Head-Quarters were at Windsor 22. The Ordinance committed for setting the Poor to work Some from the Common-Councel came to the House with thanks for their care to prevent Quartering of Soldiers in the City and with an answer in writing concerning collecting of the Arrears of the Assessments and that they had given an account of it by a Letter to the General The House ordered a Committee to prepare an answer to the City and Voted That they should go on to collect the Arrears and speedily to bring them in Order to press the Commissioners for their answer touching the Propositions That the sending of them to his Majesty may not be further delayed Letters from Col. Hammond That he received by the hands of a Messenger from the General the Votes and Resolutions of both Houses relating to the security of his Majesties Person That as to the Vote not to permit such as have been in Arms or assisted against the Parliament to come into the Island he had before taken order and touching the Votes last come to his hands he will with the best of his endeavours see them put in Execution That as to a Warrant for apprehending Mr. Ashburnham Mr. Leg and Sir Jo. Berkley he desired the Serjeants Deputy to forbear the Execution thereof till he might know the further pleasure of the Houses in regard if those Gentlemen should be apprehended it would be very difficult for him to secure the person of his Majesty That the King said If these Gentlemen should be taken from him and punished as Evil doers for councelling him not to go out of the Kingdom but rather to come to this place for the more conveniency as to settlement of Peace and for endeavouring it accordingly in attending him hither he cannot but himself expect to be dealt with accordingly his case being the same That these Gentlemen have engaged their Honours not to depart from him and having cast themselves upon him in case they should be removed from thence it would much reflect upon him 23. A Petition delivered to the supream authority of the Nation presented to the Commons was read and voted to be a Seditious and Contemptuous avowing and prosecution of a former Petition and Paper annexed stiled an agreement of the People formerly adjudged by the House to be destructive to the being of Parliaments and fundamental Laws of this Kingdom Some of the chief Actors herein were committed to the Gate-house others to New-gate and a Letter sent to the General to prosecute the Examination of that business to the bottom and to bring such guilty Persons as he shall think fit to exemplary punishment Letters from Bristol of a Mutiny in the Garrison and that the Soldiers had secured an Alderman there till they had a Months Pay the House sent a Letter to the General to discharge the Alderman and to prevent the like abuses by the Soldiers for the future 24. The Monthly Fast-day 25. Order to press the Scots Commissioners for a further and speedy answer touching the Propositions to be presented to his Majesty and to take off the Commissioners Seal of his Bed-Chamber at Hampton-Court Some from the Assembly presented the short Catechism to the House who gave them thanks and desired them to give a speedy answer to the Quaeries formerly sent them and to perfect those things referred to them A Letter to the General from Buckingham-shire complaining of the unsufferable burden of free Quarter sent by him to the House and referred to the grand Committee who are to consider of taking off free Quarter and setling a constant Pay for the Army The Merchant Adventurers lent ten thousand pound towards the Months Pay for the Army Letters from the General to the City why he appointed some Soldiers to assist in collecting the Arrears of the Assessments that he submitted to what the Parliament had ordered concerning the stop of that Course and hoped the City would perform their undertaking in the speedy collecting of them otherwise it might be very inconvenient to the Parliament the Army and Kingdom and to themselves 26. The Grand Committee sate about Pay for the Army and ordered the disbanding of the supernumerary Forces At a conference the Lords acquainted the Commons That they had considered the desires of the King to treat with the Parliament and the Scots Papers and the desires of the Kingdom to be delivered from all burdens and fears and to be preserved in Peace That their Lordships propound to the Commons four Propositions to be speedily sent to his Majesty to be speedily passed for the safety and security of the Parliament and Kingdom and to treat with his Majesty upon the rest The Propositions were 1. That a Bill be past for setling the Militia of this Kingdom 2. That an Act be passed for calling in of all Declarations Oaths and Proclaimations against the Parliament and those who adhered to them 3. For an Act that those Lords who were made after the Great Seal was carried to Oxford may be made uncapable of sitting in the House of Peers thereby 4. That power be given to the two Houses of Parliament to adjourn as they shall think fit That his Majesty giving the Kingdom security by passing these four Propositions there may be a Personal Treaty with his Majesty and the Parliaments of both Kingdoms for passing the rest of the Propositions Herein they desired the Commons concurrence who appointed a time to debate this business fully A Representation was presented to the General under the hands of Col. Lilburne and the Officers of his Regiment acknowledging and promising their obedience due to the General and praying him to mind the Parliament of considering and resolving those things which have been presented to them from the Army and as soon as the necessary great
to examine and punish Church-wardens Sequestrators and others who countenance the same Order to put in Execution the ordinance for abolishing Holy-days A Printed Paper directed to the Speaker intituled Observations on the Scots Message to the Parliament referred to a Committee to find out the Authors and Printers of it being very scandalous to the King Parliament and Army Mr. Saltmarsh the Minister assirmed that he had somewhat revealed to him from Heaven wherewith he must acquaint the Army And presently went from his House in Essex to Windsor where he spake with the General with his hat on and told him he had doted on him but now must honour him no more because he had Imprisoned the Saints He also told the Officers of the Army That formerly he came to them as a Lamb but now he was come as a Lyon to tell them what the Lord bad revealed to him That though the Lord had done much by them and for them yet he had now for saken them and would not prosper them because they had for saken him their first Principles and had imprison'd the Saints with many of the like expressions He then told the Army He had delivered his message done his work and must leave them and see them no more and so went from Windsor to London and from thence to his House in Essex where being ill on Friday he told his Wife he had now finished his Course and must go to his Father And the next day he dyed 27. Orders for Money for the Navy At a Conference the Commons informed the Lords that Col. Rainsborough had cleared himself of the objections formerly made against him and now at the desire of the General and his Councel the Commons had voted him to be readmitted to his imployment of Vice-Admiral and desired their Lordships Concurrence therein Debate upon a Petition of Doctor Trigge Some Compositions of Delinquents passed Letters from the Commissioners sent to the King That they presented the Bills and Propositions to his Majesty who then said He was assured they would not expect a present answer but he would take the same into consideration and give his answer within few days The next day after the four Bills presented to the King the Scots Commissioners came to him and presented to him a Declaration That they had endeavoured by all means to the Parliament of England for furthering a happy Peace having seen the Propositions and understood of Bills brought to his Majesty which they apprehend prejudicial to Religion the Crown and the Vnion between the Kingdoms and therefore in the name of the Kingdom of Scotland declare their dissent The General sent his Letters to Major General Lambert Major General Laugherne Major General Mitton Major Hopton Col. Humphreys Col. Duckenfield and Col. Venables concerning the disbanding supernumeraries Letters from Ireland of Col. Jone's Marching into Wicklow That his Regiment conformed that Owen Roe Oneale was by the Popish Clergy opposing the Laity made Generalissimo of the Rebels and General Preston cast off That Sir Charles Coote was gone into the Field but Sir Robert and Sir William Steward's Regiments refused to March with him That the Soldiers under the Lord Iuchequin in the last Victory they gained fought all of them with the greatest courage imaginable though they wanted Cloaths Shooes and Bread 28. Debate of an Ordinance for eight hundred pound per An. to be setled on the Bishop of Durham A Petition from Newcastle complaining of the sore burden upon them of free Quarter when the Scots were there and ever since and the Oppression not so great in any other part of the Kingdom Order that they shall have the publick Faith for all free Quarter since the Scots were there Orders for Ammunition for that Garrison and touching the Sequestrations there and in Northumberland to pay Money due to those Countries The Lords dissented from Col. Rainsborough's going to Sea and gave their Reasons for it at a Conference A Message from the Lords to give the Marquess of Winton four Months longer time of liberty and to consider of the Petition of the Lord Cromwell A Letter of thanks written to the Commissioners in the Isle of Wight Divers Compositions passed 29. The Monthly Fast-day News came of a great Disorder and tumult in Canterbury about the observation of Christmas-day the Major endeavouring the Execution of the Ordinance for abolishing holy-days was much abused by the rude multitude had his head broken and was dragged up and down till he got into an house for his safety They broke into the houses of divers others who were of the Majors Opinion put themselves into a Military Posture kept Guards stopt Passes and examined Passengers and the like Insurrections were in several other places of the Kingdom 30. Upon a Letter from the Committee of Kent of the disorder at Canterbury The House ordered That the Order for examining and committing of Church wardens c. who countenanced Malignant Ministers should be Printed and referred the business of the Riot at Canterbury to the Committee with power to send for Parties c. and to imprison and to certifie the whole matter to the House The like Riot at Eling in Middlesex was referred to be examined and proceeded against at the Sessions of Peace Letters from the General that he had given a Commission to Sir Arthur Haselrigge to be Governor of New-castle which the House approved and ordered him to repair thither to his Charge Mr. Harris a Church-Warden of St. Martins Parish ordered to be committed for bringing Delinquents to Preach there and to be displaced from being Church-warden there 31. Letters from Sir Thomas Fairfax That by reason of a late Mutiny and design to carry away the King he had given order to Col. Hammond to keep a strict guard upon his Majesties Person till he further knew the pleasure of the Parliament The House approved therof and ordered the General to take special care for securing the Person of his Majesty where he now is in Caresbrooke Castle And they ordered that Col. Hammond the Governor of the Isle of Wight take special care for securing the King's Person where he now is and to observe such further Orders therein as he should receive from the General and the Lords concurred herein The Parliaments Commissioners returned from the King with little satisfaction touching the four Bills presented to him The House Ordered that Mr. Marshal and Mr. Nye be desired to come and pray with the House to morrow morning to seek God for his blessing and direction in their consultations tending to matters of great concernment The general Councel of the Army agreed upon Warrants to be sent from the General to all those Officers whose Soldiers were to be disbanded according to the Orders of Parliament that they conform unto and see the same done accordingly and mention of the stating their Accounts and security for their Arrears with present Pay of
about monies for the Navy Letters from Scotland of preparations there to raise an Army and men being Listed in all parts on pretence to put that Kingdom in a posture of defence and that they are preparing Proposals to be sent to the Parliament for a personal Treaty with the King That the English in Edenburgh were in all about two thousand and have four pence a day allowed to the Souldiers 18. Sergeant Welde a Member of the House and one of the Judges in the last Circuit in the West reported a presentment of the Grand Jury of Sommersetshire Acknowledging the great care and pains of the Parliament for the Peace of the Nation particularly in the late Votes touching the King desiring the Judges to return their humble thanks to the Parliament and their resolutions to adhere to them in prosecution thereof The danger of their Country by Malignants Apostates and Newtrals from whose power they desired to be freed The Dearth of Corn and excessive multitude of Ale-Houses and Malsters wherein they desire remedy and against Forestallers Ingrossers and Regrators and against Malignants being in Offices and practising as Counsellours and Attorneys The Judges and Grand Jurors had the thanks of the House and referred to a Committee to nominate able and well affected persons to be Justices of the Peace in those Counties Order for an Ordinance to impower the Committees in the respective Counties to secure all suspected and disaffected turbulent persons Which passed not without much opposition as a thing of ill consequence and example especially by those who professed to be so highly for the Liberty of the Nation Thanks given to the Sheriffs of Norwich for their good affections Order to renew the Commission of Oyer and Terminer and Judges to go down to try the late Rioters at Canterbury The Commons desired the Lords to proceed upon the Impeachments against the seven Lords and against the Citizens and against Judg Jenkins and to pass the Ordinance for making Mr. Steele Recorder of London in Mr. Glyn's place 19. The Commissioners of the Customs refused to advance thirty thousand pounds for the Navy which others offered to do if they might be Commissioners but the House would not put forth the old Commissioners till they were reimbursed the monies formerly advanced by them The House accepted ten thousand pounds Composition for Sir Jo. Strangeways and ordered it for the use of the Navy Order to remove Prisoners from the Tower to Warwick Castle Windsor Castle and Wallingford Castle Collonel Fortescue recommended to the General for imployment in the Army and an order for his Arrears To the Papers of the Parliaments Commissioners in Scotland the Parliament there gave this answer 1. To that of the amity between the two Kingdoms they do on their part desire it and will labour to continue it 2. For delivery of Captain Wogan Sir Thomas Glemham and the other English Delinquents they say it is not contained in the Treaties they not taking these to be Incendiaries between the two Kingdoms but only between the King and England 3. They approve of the matter of their Commissioners Declaration and the Parliament answer to it they conceive not satisfactory Sir John Geere late Lord Mayor of London was brought to the Lords Bar and refused to kneel was fined five hundred pound and committed to the Tower and a day set for him to put in his desires for Counsel Debate about mony for the Navy The Earl of Pembroke Chancellour of the University of Oxford went thither and made Dr. Reynolds his Vice-Chancellour put him into possession of the Deanery of Christ-Church by the Souldiers breaking open the Deans Lodgings which were shut against him The like he did for Dr. Palmer at All Souls Colledg where Dr. Sheldon denyed the Chancellours Authority not being derived from the King So did Dr. Bayle at St. Johns Colledg where Mr. Cheynel was put in to be President and Mr. Wilkins at Wadham Colledg 20. An Ordinance debated and committed for raising fifty thousand pounds for Ireland An Ordinance debated for securing all disaffected and tumultuous persons Another for punishing defaulters upon Musters in Kent Letters from Wales That Collonel Poyer increased in strength and that many of Laughernes men after they were Disbanded and had received their Pay went and joyned with Poyer and That Collonel Powel is joyned with him That they force the Country to Musters and great Taxes 21. Debate of Ordinances for settling of Ministers The thanks of the House ordered to the Earl of Pembroke for his settling and reforming the University of Oxford And That such as refused to submit to the power of the Visitors there should be expelled and That the Tenants of the Colledges should pay their Rents to such as the Parliament appointed to receive them And That these Votes be Printed The Ordinance sent up to the Lords for securing all the disaffected Riotous party in England An explanatory Ordinance for Ireland past Letters from Collonel Horton of his being near to Pembroke Castle and resolution to ingage Poyers men as soon as he could 22. Upon debate of the Letters from the Commissioners in Scotland It was Voted That the answer of the Parliament of Scotland to the demands of the English Commissioners touching Captain Wogan and other Delinquents is no ways satisfactory and that their Commissioners in Scotland insist upon their demands and press the Parliament of Scotland for a further answer thereunto An Ordinance transmitted to the Lords for ascertaining and securing the Arrears of the Soldiery At a Conference the Lords acquainted the Commons That the Duke of York with the Duke of Gloucester and the Lady Elizabeth being together playing in a Room the last night after Supper by themselves the Duke of York privately slipt from them down the back Stairs without Cloak or Coat in his Shoos and Stockings and by the way of the Privy-Garden having got a Key of the Door he escaped away through the Park and could not be found none of his servants were missing who attended him Letters to the General to send for a Lieutenant who with his Souldiers took Free Quarter about Barnstable and to examine the business and do Justice to the Country and the House passed a new Ordinance for taking away Free Quarter 24. The House of Commons was called and there appeared and Sate three hundred and six of their Members and referred to a Committee to report the cases of those who were absent and none to go out of Town without leave A new Instruction past for the Commissioners in Scotland to insist upon their demands to the Parliament there to deliver up Incendiaries Divers Captains agreed upon for the Summers Fleet. Letters from Scotland That preparations for War go on there but opposed by the Kirk yet the other party prevails That Wogans Troop increaseth and the Parliament there declared That they will preserve the Union and ends of the
up to be examined Debate upon the Scots Declaration of the grounds of their Armies coming into England The Lords desired the concurrence of the Commons to Indemnify the Duke of Buckingam for his late Ingagement if he came in within fourteen days Scots Letters intercepted by Major General Lambert communicated to the Lords and a Vote passed that all who have invited the Scots Army into England or shall assist them are Traitors and recalled their Commissioners from Scotland they having proclaimed War against England 21. A Vote that all who have served the Parliament and afterwards revolted to the Enemy shall be tried for their lives being Prisoners by a Council of War and that the General do give Commissions to persons in the several Counties for Tryal of such revolted persons by Martial Law Captain Yarrington informed the House of a design of Sir Henry Lingen and other Deliquents to surprise Doily Castle Hereford and other places which the Captain by his indeavours prevented and the House ordered him five hundred pounds out of Lingens Estate and the rest Instructions transmitted to the Lords for Mr. Bence and Mr. Strickland to go to the Lord Admiral and to advise him and be assistant to him upon all occasions 22. Upon a Petition from the Lord Mayor Aldermen and Common Council of London concerning the listing of Souldiers under Major General Skippon the House insisted upon their former Ordinances touching this business and approved what was done therein Referred to the Militia of the out-parts and of the several Counties to receive all Complaints touching miscarriages in listing of Souldiers without authority of Parliament Letters from Colchester Leaguer that those in the Town have begun to eat Horse-flesh and have provided store of Pitch and Tar to fire and throw upon the Besiegers and sithes to cut them off in case they attempt a storm 24. Power given to the Lord Admiral to grant indempnity to such revolted Mariners as shall come in An Ordinance past the Commons for forty thousand pounds for the Northern Forces out of the Excise and another for the revenues of the King Queen and Prince in those parts for those Forces and an Order for a train of Artillery for Major General Lamberts Army Captain Clarks action approved in hindring the transporting of some Scots out of Ireland into England and ordered that those Scots who shall refuse to be so transported and shall not desert the Parliaments service shall be equally provided for with the rest of the English Souldiers of that Kingdom Debate upon the large Catechism Letters from the North that upon the advance of the Enemy with their whole body the Parliaments Forces by directions from their Council of War did retreat being fewer in number and expecting additional Forces and being not forward to ingage before they understood the pleasure of the Parliament concerning the Scots Army coming into England That the Enemy followed them but Colonel Harrison gave some check to them and was wounded and Captain Cromwel slain that the Enemy attempted to enter Appleby where the Parliaments Foot were who repulsed them and Colonel Hatfield charged a great body of the Enemy and forced them to retreat that about forty of them were slain and not above three or four of the Parliaments Forces 25. At a Conference the Commons gave reasons to the Lords why the three propositions should be sent to the King to pass before the Treaty 1. Because the disaffected party in and near London where the Treaty is likely to be is such that if the King grant not the Militia before he comes there will be no safety nor likelihood of the Treaty to proceed for many will indeavour to bring in the King without any agreement and to the destruction of the Parliament 2. If the Presbyterian government be not setled all things in the Church will be in great confusion and the Ministers great sufferers and in high distaste with the Parliament 3. If the Declarations be not recalled the Parliament is not in a Capacity to treat having been declared Rebels and Traytors and no Parliament but a pretended one which was never done by any of the Kings Predecessors The Lords answered that they could not imagine nor was it probable that the parts about London who had petitioned for a Treaty would put it on for the disadvantage of the Parliament 2. They did not apprehend any prejudice to the Parliaments party during the Treaty 3. His Majesty had declared he would consent to all together and not to any before all was agreed and that in case there were no agreement they were all in state as before and that these particulars would require Debate To these the Commons replied that his Majesty was not ignorant of the full demand of those particulars having been often presented to him and to the two first he had declared a willingness and was not obliged to pass them as Bills unless all other things were agreed upon and if no agreement he being at liberty a new War was like to insue That there was no doubt but those about London who had petitioned for a Treaty would put it on to the disadvantage of the Parliament being such who have not only Petitioned the re-establishment of his Majesty without conditions but have taken up Arms and were now in Arms to cudgel the Parliament as those of Colchester said into a Treaty That if these three propositions be not past before the Treaty which is supposed will be in or near London nothing will be determined how his Majesty shall be who shall be with him or how the disaffected to the Parliament shall be ordered and things not setled by Law may be received Episcopacy may be set on foot again Ministers put out Ordinances for money be denied and his Majesty and the Parliament be in War again as formerly Intercepted Letters from the Scots referred to a committee to find out the Key of the Characters with power to send for and secure persons concerned Letters from Major General Lambert of his retreat and referred to the Committee of Derby House to command Forces from Gloucester or any other Garrisons to joyn with Lambert in the North. Order for the Ships at Munster to joyn with Captain Clerk to hinder the transport of Scots out of Ireland into England Order for collecting the arrears of the assessments in the City and Counties Power given to the Lord Admiral to dismiss such Ships as he shall find not fit for the Parliaments service Order for addition to the Forces at Southampton Several Ordinances past both Houses for removing obstructions in sale of Bishops Lands and for the Militia in Dorset and Huntington-shires Orders for money for Hurst Castle and for Carisbrook Castle and for two thousand pounds out of the Estates of the Duke of Bucks and Earl of Holland for pay of a Troop of Horse in the Isle of Wight And for five hundred pounds for another Garrison
and Major General Lamberts Forces were near one to another but did not ingage There being extreme violent Storms of wind and rain which did much hurt six Prisoners in Tinmouth Castle escaped letting themselves down through a Privy-House by Ropes and several Sheets tyed together Letters from Dublin that Colonel Monk and Colonel Hungerford with eight hundrd men took the Field and stormed Ballahor Castle which they gained and besieged Nabor Castle From Chester that the Lord Byron was out with three hundred men and advanced towards Anglesey 8. A Letter came from the Prince to the Speaker of the House of Peers without any mention to be communicated to the Commons in which Letter the Prince takes notice of the progress made as to a personal Treaty and desires 1. That the Treaty be in such a place and manner as may consist with the honour freedom and safety of his Majesty his Father so that the agreement many not be blemished with any face of restraint 1. That the Treaty be between the King and his two Kingdomes of England and Scotland that things may go on fairly to all persons concerned therein 3. That during the Treaty there be a general cessation of Arms that the affection of the People of this and the other Kingdom be not lessened by Acts of hostility 4. An ordinary moderate subsistence during the Treaty may be agreed upon for all Forces on Foot and which in no sort must go unmentioned for the Scots Army now in England and so as may be with least pressure to the Northern parts And if the two Houses will agree to these things he will endeavour to his utmost power with his Father for a good agreement He concludes with a desire that a course may be taken to content him and his Ships now in the Downes with mony and Provision that so he nor they may not hinder the City trade and discharge the Ships he hath now in hold One of those Ships taken by the Lord Willoughby who was Vice-Admiral of the Prince his Fleet had in her near twenty thousand Pound in Gold which she brought from Guiney most of it belonging to M r Rowland Wilson the Father and Son and their partners The Lord Willoughby did affirm that when the Earl of Warwick with his Fleet came near to the Prince his Navy the Lord Willoughby and some others were earnest to have fought the Parliaments Fleet and had some assurances given them that several of the Earl of Warwicks Ships would have revolted to the Prince But that others about the Prince disswaded him from Fighting pretending the danger to his Highness person and carryed it by that argument again Fighting whereas in probability and as the Sea-mens affections then stood if they had fought the Parliaments Fleet had been indangered A Petition was presented to both Houses from the Common Council of London desiring 1. That the King may be free from his restraint 2. Invited to a Treaty 3. That all Acts of hostility by Sea and Land may by command of King and Parliament cease 4. That the Government of the Church may be settled according to the Covenant 5. That distressed Ireland may be relieved 6. The People of England by disbanding all Armies eased 7. The Liberty of the subject restored 8. The Laws of the land established 9. The Members of both Houses injoyned to attend 10. That the self-denying Ordinance may be effectually observed 11. That speedy consideration be had of such Merchants whose Ships and goods are staid by those with the Prince in the revolted Ships and that some expedient may be thought of for discharge of all Ships that trade be not destroyed The Lords gave thanks to the Common Council the Commons appointed a Committee to draw up their answer A Petition to the Commons from the reduced Officers that there may be a speedy settlement of Religion the King Parliament and Kingdom in a Parliamentary way by a free and personal Treaty according to the late desire of the City of London and that all Officers and Souldiers without exception whose accounts are not stated may have them audited Order for payment of the Petitioners arrears out of their discoveries and for a Committee to give them further satisfaction and to make payment to the Non-commission'd Officers of Sir Robert Pyes Regiment of their arrears Order for M r Ailburton who brought Letters to the King from the Committee of Estates in Scotland to stay here for a month for the Kings answer Major Huntington made Oath in the Lords House that the Narrative given in by him was true and would be attested Letters from Colchester Leaguer that twenty or thirty a day run from the enemy and the last day a whole Guard together came from them that their Wine and Raisons are near spent so that the Common Soldiers get none That they killed thirty Horses to powder them up and have the Bloody-flux much among them that they have drawn off their Guns from the Wall some say they will carry the Parliament Committee with them into the Castle and cut their throats if they may not have conditions for themselves The General sent a Letter by a Drummer to the Lord Norwich Lord Capell and Sir Charles Lucas about exchange of prisoners 9. The grand Committee sat long about the Ordinance for the Militia Debate upon the Self-denying Ordinance The answer to the Cities last Petition was sent to them to this effect Shewing how far they have proceeded to a Treaty with the King the Votes thereof their expectation of the Kings answer and hopes that he will treat That the Scots are declared Rebels for invading the Kingdom and they hope the City will joyn in the subduing of them That they offered the revolted Ships indemnity but they refused to come in the Votes for reducing them and the reference to a Committee to treat with the King for a way for free Trade A Collection ordered on the Fast-day for the poor people that are come out of Colchester M r Thomas Cookes Composition passed The Keeper of the Prison in Canterbury put out Letters from the Commissioners with the King that his Majesty is willing to have the Treaty and likes the terms of honour freedom and safety and though he have no Secretary yet he will give them his answer in their time Order that none speak with M r Ailburton but in the presence of his Keeper 10. The Fast-day Letters from Holland that the Merchants there do highly resent the Prince of Wales his being in the Downes as a great hindrance of traffick That there is tampering to borrow some Regiments to attempt something in England adviseth to look to Poole Lyme and Weymouth That the Letters and Declaration of the Prince of Wales were printed there in Dutch and French 11. Debate upon the Ordinance for settling Church government and the title to it agreed The Ordinance for setling 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
intellectis Recordo Processu coram toto concilio tam Thesaurar Baronibus de Scaccar quam Cancellar ac etiam Justitiariis de utroque Banco dicunt quod ad Domium Regem pertinet praesentare Ideo consideratum est c. with this agrees H. 3. 2 E. 1. coram Rege in fine rotuli Co. Lit. 304 and several other anthorities and in Cases of more difficulty it was usual to adjourn the matter into the Parliament Impartiality is likewise necessary to have the truth prevail that neither great men nor mean men may pervert it nor to turn truth into falshood or falshood into truth In the decret of Erod it is ordain'd hoc Judex curare debet ut aequa conditione litigetur The like in the Laws of our antient Kings as in those of Edgar to be found in Lambert fol. 63. a. is commanded publici juris beneficio quisque fruitor eique ex bono sive is dives sive inops fuerit jus redditor And in that of Alured in Lambert 20. juste judicato inopique adversario perinde atque diviti amico sis aequus Bracton hath it thus ut causa viduae ad eos libere ingrediatur ut sint Orphano Pupillo adjutores With these do agree frequent constitutions of H. 1. H. 3. E. 1. and other times As Judges ought to be men of truth so they ought to be men fearing God which is the next and highest duty of every Judge the beginning and the end of all wisdom he that doth not fear God will be apt to fear men and he that fears men will never give a Right Judgment In the Laws of the Confessor which are in the Notes upon Eadmerus 4. 186. and in Lambert 168. in the language of that time the words are Ententivement se purpensent cil qui les judgments ant a favre que si judgment cum desirent quant ils diâ—nt dimitte nobis debita nostra and indeed Judges have greatest cause to fear God whose Judgments they pronounce and before whom they must come in Judgment for those Judgments which they give here Hating Covetousness is the last part of this charge to Judges where a Judge is not only forbidden to be Covetous but commanded to hate Covetousness Covetousness imbraceth bribery and bribery doth blind the Eyes of the wise and pervert Judgment How odious this was to the People of Rome appears by the Oration of Piso in the Senate mentioned in Tacitus and in our Nation by the great examples of Justice upon the corrupt Judges as in Edward 1. time when the Lord Chief Baron amongst others was ransomed at 30000 in which in our account at this day is 100000 l and the case of Thorpe 14 E. 3. and too many others He that is covetous makes too much hast to be rich and the Wise man saith of him he cannot be innocent The Poets feign that when Plutus is sent from Jupiter he limps and goes slowly but when he is sent from Pluto he runs and is swift of Foot the moral is That goods ill gotten sent by Pluto the Devil come apace but goods that are well gotten come in but slowly The Roman word for them at the best is Impedimenta they are hinderances to the due Execution of Justice and all other good actions I shall commend the Counsel more than the practice of a great Judge of our profession my Lord S t Albans Seek not proud riches but such as thou mayst get justly use soberly distribute cheerfully and leave contentedly As Cicero relates of Rabirius Posthumus In studio rei amplificandae apparebat non avaritiae praedam sed instrumentum bonitati quaeri This concerns all good men and especially Judges who should be the less intent upon their private interest that they may the more intend the publick according to that of Aristotle in his Pol. A Magistrate is the keeper and disposer of the publick and not of his own proper goods Yet for the better incouragement and support of the Judges whose ordinary allowances are no more at this day than they were in Edw. 1.'s time and then it was very liberal it hath pleased the Parliament already to provide in Part and I am confident they will do the like in General That every Judge shall have a competent supply and Salary according to his great pains and quality What I might say concerning the course and jurisdiction of this Court will be better informed to you by my Lords the reverend Judges your Associates and by your own knowledge what I have said concerning the duty of Judges is no more but what I have seen practised by them and by your self when I had the honour to plead before you I have therefore said the less and what I have said is but according to the old verse Qui monet ut facias quod jam facis ille monendo Laudat hortatu comprobat acta suo In the present choice which it hath pleased the Parliament to make of Judges I doubt not but themselves will receive honour the People satisfaction and the Judges Comfort which I heartily wish and to you M r Serjeant Wilde in particular The Serjeant answered the speech according to Course The Commissioners gave him his Oath and Invested him in the place of Chief Baron 16. Referred to the Committee of plundered Ministers to Examine the preaching of a Scurrilous and Scandalous Sermon in the Temple by M r Lee by consent of the present Minister there Order for twelve hundred pound to be paidby Sir Charles Kemish in part of his Composition and he to be released upon bayle 17. Upon Letters from the Commissioners in the Isle of Wight and Papers of his Majesties condescention as to publick Officers of State to be nominated by Parliament for twenty years the House voted his Majesties answer therein to be Satisfactory Letters from the Committee of Estates of Scotland to the Parliament of England that they are sensible of the benefit to that Kingdom against the Enemies to both Nations by the coming thither of the Forces under Lieutenant General Cromwell and Major General Lambert and acknowledge that the deportment of the Officers and Souldiers hath been so fair and civil that they trust by their carriage the malignants will be much convinced and disappointed and the amity of both Kingdoms strengthned and confirmed which they shall on their Part likewise study to preserve Letters from the Earl of Warwick that several others of the revolted Ships were come in to him and that many of the rest were on sand and the rest in a sad condition Order for a Letter of thanks to the Lord Admiral and fifty pound to the Messenger 18. Debate of an Ordinance touching the Army and the Settlement of Pay of the Militia of the Kingdom and of an Ordinance for explaining the Stat. 25 E. 3. c. 2. and all other Acts of Treason And of the Statute 11 H. 7. c. 18. concerning subjects
he gave Commissions to Irish Rebels and since was the occasion of a second War and had done contrary to the Liberties of the subject and tending to the destruction of the fundamental Laws and liberties of this Kingdom This Ordinance was read the first time and ordered to be read again the second time to morrow Order for the accounts of Colonel Aldrich a Member of the House to be stated 29. Orders touching the securing of six thousand pound to the Commissioners of the Customs for the present use of the Navy An account to the House what monies were in arrear from Delinquents of their Compositions referred to a Committee The Ordinance for impeaching the King read the second time and committed Major Pitcher who was violent against the Parliament in the War and upon the Articles of the surrender of Worcester was taken in Arms and ingaged not to serve any more against the Parliament Yet afterwards was taken in Arms again against the Parliament at the surrender of Pembroke had quarter given upon mercy and was to go out of the Kingdom for two years and for not doing so and now taken he was by sentence of the Court Martial executed and shot to Death The Council of War sate at White-Hall and finished the agreement of the People and appointed a Committee to consider of a way for the Army to subscribe it A Woman out of Hartfordshire came to the Council of the Army and acquainted them that she had something from God to speak to them and being admitted she did much incourage them in their present proceedings A Petition from Jo. Lilburn and others expressing their dislike of some Articles of the agreement of the People 30. Petition of Mrs. Jennings against Mr. Jennings her Brother a Member of Parliament for refusing to pay her portion or account standing upon his priviledge of Parliament referred to a Committee Order for two thousand five hundred pounds for M r Smithby for Saddles and other Horse-Furniture Referred to the Committee for the Trial of the King to insert the names of Commissioners and to make a Special Provision in the Ordinance in case the King should refuse to plead to the Charge against him Debate whether the thanks of the House should be given to Mr. Watson one of the Ministers that preached before the House of Commons the last Fast-day and carried in the Negative because he did not acknowledge the Parliament Mr. Brookes the other Preacher had the thanks of the House and it was debated whether the Ordinance for Monthly Fasts should be repealed and Fast-days appointed only as there should be occasion but no result was made of it 31. Mr. Owen Preached two excellent Sermons And upon discourse concerning the present affairs of the Army he seemed much to favour them and spake in dislike of those Members who voluntarily absented themselves from the House having no particular force upon their persons All men were at a gaze what would be the issue of such proceedings some thought it best for them to be reserved as to their Opinion finding every where too many talkers and few with much judgment January 1648. 1. Report of the names of Commissioners for Trial of the King being some of the Lords and Commons Officers of the Army Aldermen and Commanders in London with some Gentle-men from the Counties all being one hundred and fifty Persons and twenty of them of the Quorum to try the King and to give Sentence against him A months time was given by the Ordinance to the Commissioners to determine this business This Vote was passed as a foundation for these proceedings That the Lords and Commons assembled in Parliament do declare and adjudge that by the fundamental Laws of this Realm it is Treason in the King of England for the time to come to levy War against the Parliament and Kingdom of England Order touching Sequesting of Delinquents in South Wales A Letter from Elsing desiring the House by reason of his indisposition to appoint a Clerk to attend them Referred to a Committee to take an account from M r Elsing of the Books and Records of Parliament in his Hands and to receive them by Inventory and to present the names of fit persons to the House out of whom they may chuse an able Clerk to attend them Vote for M r Phelps to be Clerk assistant to the House and two hundred pound ordered for M r Darnell the present Clerk assistant A Committee named to consider of a way to prevent Anticipations of the publick Revenue The Souldiers in prosecution of an Ordinance of Parliament secured all the Players and brought them away Prisoners in the midst of their Acts as they were then habited in their Robes A Committee of the Army was appointed to consider of concealed Monies due to the State and another Committee of Officers of the Army and Citizens to consider of notorious Delinquents that are fit to be made examples of Justice and an unusual power was given to these Committees to examine witnesses upon Oath Letters from Scotland That at the late renewing of the Covenant the Lord Chancellour stood up in his Pew made publick acknowledgment of his late failings and self seeking and countenancing the last wicked ingagement which he did so orthodoxly and pathetically with many Tears and praying the people to pray for him that there was much weeping among them Letters fom Pontefract Leaguer that many of the Garrison came into them that if the supernumeraries may be sent for Ireland and Old Noll or any person of Honour command them that he cannot want men Letters of advice that all well affected men in the Kingdom might associate and be in Armes lest the Presbyterians who preach for their God viz. The Tenth of every mans Estates and for Forms do joyn with their Brother Malignants to raise new troubles 2. A high Sheriff named for Durham Upon a Letter from Colonel Whitchcot Governour of Windsor Castle Order for twenty pounds per diem for the charge of his Majesties Table and for Fire and Candle for the Souldiery and Voted that Colonel Whitchcot shall have the same power for displacing disaffected attendants about his Majesty as Colonel Hammond had in the Isle of Wight The Ordinance for Tryal of the King was carried up to the Lords of whom sixteen then sate they stuck much upon the Declaratory Vote That it was Treason in the King to levy War against the Parliament they agreed to send an answer by Messengers of their own and adjourned their House for ten days Letters from Windsor that the King was chearful and took no notice of any proceedings against him as to his Tryal and saith he doubts not but within six Months to see peace in England and in case of not restoring to be righted from Ireland Denmark and other places Letters from France that the Parliament there published an Edict against Cardinal Mazarine who escaped
Court of Justice sate in the afternoon and heard proofs to the Impeachment the King was brought from Windsor to St. James's in Order to his Tryal The General Councel of the Army met and the draught of the agreement of the People was subscribed by many of them and Sir Hardress Waller and sixteen other Officers were appointed to present it to morrow to the House of Commons Information of a Vessel taken by Colonel Russel Governour of Guernsey and Captain Burley in her A Petition from North-Wales to the Councel of the Army complying with their Remonstrance c. for which the Councel gave them thanks The two Lords Commissioners of the Seal still refused to joyn in signing Warrants for Writs to adjourn the Term whereupon Sir Tho. Widdrington and Mr. Whitelock went to the Speaker and acquainted him with all passages and their intentions in this business to procure an Act of the House of Commons to command Sir Thomas Widdrington and Mr. Whitelock to sign Warrants without the Lords for Writs to adjourn the Term and to draw an Act for that purpose the Speaker approved of this way and offered that he would present the Act to the House for this purpose 20. Lieutenant General Hammond and divers chief Officers of the Army presented to the House in the name of all the Army from the General Council of the Army a Petition and a Writing concluded on by them intituled an Agreement of the People of England desiring a serious and speedy consideration thereof by the House The Petition was read but not the Writing it being long and the House having resolved to rise at twelve a Clock in regard the Commissioners for Tryal of the King were to sit in the afternoon yet they returned to the Officers this answer and Ordered That the thanks of the House should be given to these Officers for their particular and great services to the Kingdom and that they be desired to return the hearty thanks of the House to his Excellency the Lord General and all the Army for all their unwearied and gallant services to the Nation And that the Petition with this answer should be forthwith printed and published that the Kingdom might take notice of the Union and affection between the Parliament and Army and for the Agreement and Declaration they should be taken into speedy and serious consideration Upon a conference betwixt the King and Mr. Hugh Peters and the King desiring that one of his own Chaplains might be permitted to come to him for his satisfaction in some scruples of conscience Doctor Juxon Bishop of London was Ordered to go to his Majesty Order that the Commoners Commissioners of the Great Seal should issue forth Writs for adjourning of the Term though the Lords Commissioners did not joyn with them The High Court of Justice sate in the place in Westminster-Hall made for them the President had the Sword and Mace carryed before him and twenty Gentlemen attended as his guard with Partizans commanded by Colonel Fox After an O yes and silence made The Act of the Commons of England for sitting of the Court was read and the Court was called sixty of the Members appeared The King was brought from St James's to White-Hall and from thence by Water guarded with Musquetiers in Boats to Sir Robert Cottons House near Westminster-Hall and from thence to the Bar of the Court attended by Colonel Hacker with about thirty Officers and Gentlemen with Halberts At his coming to the Foot of the stairs he was met with the Mace of the Court and conducted to a chair within the Bar where he sate down in the Face of the Court they all being covered as well as his Majesty The Lord President in a short speech acquainted the King with the cause of his bringing thither in Order to his Tryal upon a charge against him by the Commons of England which was then to be read and his Majesty to give his answer thereunto The King Offered to speak before reading of the Charge but upon some interruption was silent and the Charge was read By which he was charged in the name of Charles Stuart King of England as Guilty of all the Blood that had been shed at Kenton Brainford Newbury and other places where he had been present in Arms against the Parliament and other particulars very large The King smiled at the reading of his Charge and after it was read demanded of the President by what lawful Authority he was brought thither and being answered in the name of the Commons of England He replyed he saw no Lords there which should make a Parliament including the King and urged that the Kingdom of England was hereditary and not successive and that he should betray his trust if he acknowledged or made answer to them for that be was not convinced that they were a lawful Authority After he had been often demanded to answer and refused he was remanded to Sir Robert Cottons House and thence to St. James's and the High Court adjourned and kept a Fast together at White-Hall Sir Thomas Widdrington seemed to scruple the signing of Warrants without the Lords for adjourning of the Term. 22. The Commissioners of Scotland delivered some Papers to the House and declared that Scotland had an undoubted interest in the person of the King that he was not delivered to the English Commissioners at New-Castle for the ruine of his person but for a speedier settlement of the Peace of his Kingdom That they extream'y dissent and declare against the Tryal of him and that this present way of proceeding against him leaves a deep impression on them and sits heavy on all their Spirits in regard of the great miseries that are like to ensue upon the Kingdoms And they moved for leave of the House to make their personal Addresses to the King The House referred it to a Committee to draw up an answer to the Parliament of Scotland This Declaration with some Papers from the Parliament of Scotland were likewise presented by their Commissioners to the Lord General A Letter to the General from the Officers before Pontefract Castle concurring in the Action of trying the King secluding the Members of Parliament who carried on corrupt designs and acknowledging the present proceedings of the Army to be the work of God alone The High Court of Justice sate and the King was again brought to the Bar. Mr. Coke Sollicitor General moved That whereas the Prisoner had refused to make answer to the Charge against him that now he might be directed to make a positive answer either by way of confession or negation which if he shall refuse to do that the matter of the Charge may be taken pro confesso and the Court may proceed according to Justice The President then required the King to answer to the Charge against him by the Commons of England of High Treason c. The King confessed
when he was last here he made the question of their Authority and should have satisfied himself with the Protestation he then made against the legality of this Court and that a King cannot by Tryed by any superiour Jurisdiction on Earth But he said it was not his case alone that he stood for but the freedom of all the People of England for if power without Law may make or alter Law no Subject can be safe for his life or any thing that he calls his own Then he said he would give his reasons why in conscience and the duty he owed to God first and his People next for the preservation of their Lives Liberties and Estates he conceived he could not answer till he were satisfied of the legality of it President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court you appear as a Prisoner before this Court and are not to dispute their Authority but to give a punctual answer to the Charge King Sir by your favour I do not know the forms of Law I do know Law and reason though I am no Lawyer professed but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the whole People of England more than you do and therefore if I should impose a belief upon any without reasons given for it it were unreasonable but I must tell you that reason that I have as thus informed I cannot yield unto it President Sir I must interrupt you you may not be permitted you speak of Law and reason it is fit there should be Law and reason and there is both against you Sir the Vote of the Commons of England in Parliament is the reason of the Kingdom by Law you should have ruled and reigned Sir You are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt and your contempt will be recorded King I do not know how a King can be a Delinquent let me tell you they may put in Demurrers against any proceedings as legal and I demand that and to be heard with my reasons if you deny that you deny reason President Sir you have offered something to the Court I shall speak something to you the sence of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you must not demurr to the jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of the Commons of England and all your predecessours and you are responsible to then K. I deny that show me one Precedent P. Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit yâ—u to do it if you offer it by way of Demurrer to the jurisdiction of the Court they have considered of their jurisdiction and do affirm their own jurisdiction K. I say Sir by your favour that the Commons of England were never a Court of Judicature I would know how they came to be so P. Sir you are not permitted to go on in that speech and these discourses Then the Clerk of the Court read this aloud Charles Stuart King of England you have been accused on the behalf of the People of England of High Treason and other crimes the Court have determined that you ought to answer the same K. I will answer the same so soon as I know by what Authority you do this P. If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again K. I do require that I may give in my reasons why I do not answer and give me time for that P. 'T is not for Prisoners to require K. Prisoners Sir I am not an Ordinary Prisoner P. The Court hath considered of their jurisdiction and they have already affirmed their jurisdiction if you will not answer we shall give order to record your default K. You never heard my reasons yet P. Sir your reasons are not to be heard against the highest jurisdiction K. Shew me what Jurisdiction where reason is not to be heard P. Sir we shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final determination K. Shew me whereever the House of Commons were a Court of Judicature of that kind P. Sergeant take away the Prisoner K. Well Sir remember that the King is not suffered to give in his reasons for the liberty and freedom of all his subjects P. Sir you are not to have liberty to use this language how great a Friend you have been to the Laws and Liberties of the People let all England and the world judge K. Sir under favour it was the liberty freedom and Laws of the Subject that ever I took to defend my self with Arms I never took up Arms against the People but for the Laws P. The command of the Court must be obeyed no answer will be given to the Charge K. Well Sir Then the Officers guarded the King back again to Sir Robert Cotton's House and the Court adjourned The Commissioners met at Mr. Brownes House the Clerk of the Parliament where the Great Seaâ— lay and there Sir Thomas Widdrington and Mr. Whitelock without the two Lords did sign a Warrant for Writs to adjourn the Term the two Lords Commissioners were present though they did not joyn in this yet they did in other business There were strict Guards many Souldiers and a great press of people at the Tryal of the King The House sate only to adjourn Some who sate on the Scaffolds about the Court at the Tryal particularly the Lady Fairfax the Lord Generals Wife did not forbear to exclaim aloud against the proceedings of the High Court and the irreverent usage of the King by his Subjects insomuch that the Court was interrupted and the Souldiers and Officers of the Court had much to do to quiet the Ladies and others 23. Report of an Ordinance that where upon Indictments c. it was formerly said contrary to the peace of our Soveraign Lord the King his Crown and dignity it should now be said against the peace justice and Council of England That Writs out of the Chancery should go in the name of the Chancellour or Keepers of the Seal and in other Courts in the name of the Judges The High Court of Justice sate Mr. Coke Sollicitor General moved That whereas the Prisoner instead of giving answer to the charge against him did still dispute the Authority of the Court that according to Law if a Prisoner shall stand as contumacious in contempt and shall not give an Issuable Plea Guilty or not
Guilty whereby he may come to a fair Tryal that as by an implicit confession it may be taken pro confesso as it hath been done to those who deserved more favour than the Prisoner and that therefore speedy judgement be pronounced against him President Sir you have heard what is moved by the Council in behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands you were to propound some questions you had your resolution upon them You were told over and over again that the Court did affirm their own jurisdiction that it was not for you nor for any other man to dispute the jurisdiction of the Supreme and highest Authority of England from which there is no appeals and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court that they are very sensible of these delays of yours and that they ought not being thus authorised by the Supreme Court of England to be thus trifled withal and that they might in justice if they pleased and according to the rules of justice take advantage of these delaies and proceed to pronounce judgment against you Yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive answer to this Charge that is against you Sir in plain terms for Justice knows no respect of persons you are to give your positive and final answer in plain English whether you be Guilty or Not guilty of these Treasons laid to your Charge King After a little pause When I was here yesterday I desired to speak for the Liberties of the people of England I was interrupted I desire to know yet whether I may speak freely or not President Sir You have had the resolution of the Court upon the like question that last day and you were told that having such a Charge of so high a nature against you and your work was that you ought to ackowledge the jurisdiction of the Court and to answer to your Charge Sir if you unswer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive answer concerning the matter that is charged upon you King For the Charge I value it not a rush it is the Liberty of the people of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England to uphold justice to maintain the old Laws indeed I do not know how to do it You spake very well the first day that I came here on Saturday of the obligations that I had laid upon me by God to the maintenance of the Liberties of my people the same obligation you spake of I do acknowledge to God that I owe to him and to my People to defend as much as in me lies the antient Laws Therefore until that I may know that this is not against the fundamental Laws of the Kingdom by your favour I can put in no particular answer if you will give me time I will shew you my reasons why I cannot do it and thus Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the publick Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Here the President said Sir You must know the pleasure of the Court. King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses you appear as a Delinquent you have not acknowledged the Authority of the Court the Court craves it not of you but once more they command you to give your positive answer Clerk Do your duty King Duty Sir Then the Clerk read a paper requiring the King to give a positive and final answer by way of confession or denyal of the Charge King Sir I say again to you so that I might give satisfaction to the people of England of the clearness of my proceedings not by way of answer nor in this way but to satisfy them that I have done nothing against that trust that hath been committed to me I would do it but to acknowledge a new Court against their Priviledges to alter the fundamental Laws of the Kingdom Sir you must excuse me President Sir This is the third time that you have publickly disavowed this Court and put an affront upon it but how far you have preserved the Liberties of the people your actions have spoke it but truly Sir mens intentions ought to be known by their actions you have written your meaning in bloody Characters throughout the Kingdom But Sir you understand the pleasure of the Court. Clerk record the default And Gentlemen you that took the charge of the Prisoner take him back again King I will say this one word more to you if it were my own particular I would not say any more to interrupt you President Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to find that you are before a Court of Justice Then the King went forth with his Guards to Sir Robert Cottons house where he lay 24. The House only met and adjourned The High Court of Justice was expected to sit but they sent an Usher to tell the people there assembled that the Court was busy in the Painted Chamber examining witnesses in relation to the present affairs and should not sit in Westminster-Hall that day but that all persons appointed to be there were to appear on further summons About four a clock this afternoon all the Judges by appointment met at Sergeants-Inn to advise with the Committee about the new style of Writs in which matter the Judges seemed not to be very forward to joyn with them 25. The House met and adjourned The High Court of Justice met and proceeded in examination of Witnesses to prove the Charge against the King some proved that they saw him present at the setting up of his
a Pass for himself and his attendants forty Horse but none other to go over with him Report by Lieutenant General Cromwell from the Committee of Estates that according to the Order of the House nineteen of the Committee had subscribed for approving the Kings execution but that two and twenty of the Committee had refused Not but that they confest except one the Commons in Parliament to be the supreme power of the Nation and that they would live and dye with them in what they should do for the future But they could not confirm what they had done in relation to the King and Lords this report was committed Debate about disbanding the Kentish Forces and referred to a Committee to examine the publishing of Papers to Proclaim the Prince to be King The high Court of Justice sate and witnesses proved that the Earl of Cambridge was Prisoner to the Lord Grey before the Articles with Major General Lambert were concluded Letters produced signed with his own hand to Sir Marmaduke Langdale touching the carrying on of the design in England and passages touching his Friends in Colchester Proved also that he was called by the late Kings Writ to sit in Parliament in the Lord Houses by the name of Earl of Cambridge and appeared as Earl of Cambridge and acted as a Peer of England sitting in the Lords House and in divers Committees That as a Peer of England he took the National Covenant and subscribed to it Cambridge in the House of Peers and took the Negative Oath before the Commissioners of the Great Seal as a Peer of England Letters from Scotland that Sir Joseph Douglas was chosen by their Parliament to go to their new Proclaimed King to acquaint him with what the Parliament had done and to desire him to take heed of evil Counsellours That they are putting the Kingdom into a posture of defence Colonels chosen in all the Shires and every fourth man to be arrayed and trained Letters from Pontefract that one Beaumont a Priest was executed for corresponding with the Garrison in Characters and he chose to dye rather than to discover the Characters At the Council of State they were all demanded to subscribe the test appointed by Parliament for approving all that was done concerning the King and Kingship and for taking away the House of Lords and against the Scots invasion c. All the Lords and divers other Members of the Council refused to subscribe this test the General desired to be spared for what was past as to subscribing but he and the rest of the refusers affirmed that for the future if the Parliament thought them worthy to be imployed they would joyn with them and faithfully serve them Many of the Commons refusers to sign it as it then was made divers scruples some to one part of it some to another Whitelock scrupled that part of approving the proceedings of the High Court of Justice because he was not privy to them nor did know what they were in particular nor ever heard any report of them made to the house and not knowing what they were he could not sign that paper to approve of them the like was said by divers others 20. Offer for Merchants approved to send out Ships at their own charge in the next Summers Fleet. Order for three thousand pound for the Maimed Souldiers and for Sale of the Crown Jewels Hangings and goods to raise money for the Navy An Act for the Commons to call Common Councels in London Debate about the Act for Sale of Deans and Chapters Lands 21. Letters directed from the House to the Judges in their Circuits to give order for due payment of the Excise and that all rioters against it be punished Upon a report from the Council of State an Act passed for repealing the Commission to the Earl of Warwick as Lord Admiral and an Act Ordered to be brought in giving power to the Commissioners of the Navy to command the Fleet as the Lord Admiral had done An Act passed for the Company of Weavers in London The Hart Frigat revolted to the Prince the Sea-men set the Captain on shore the Prince was courted at the Hague as King but not by the States publickly The High Court of Justice sate and their order was read to the Lord Capel that they would hear what he could say this day and then proceed to judgement He said he was to be comprehended wholly in the Martial Law and urged the Articles again which excepted Tryal after by Parliament that divers that were in Colchester in his condition had compounded That breaking Prison for Treason by Common Law was but felony and benefit of Clergy might be had at last when he could not get the resolution of the Court to be referred to a Tryal by Martial Law He moved that he might not be barred of additional defence and that if he must be judged by the Common Law he hoped he might have the full benefit of it He urged for it the late Act which saith though King and Lords be laid aside yet the fundamental Laws shall be in Force He recommended to the Court Magna Charta and the Petition of Right and prest the consideration of the Act made in favour of those who assisted K. Hen. 7. and the exception in the Acts touching the Lord Strafford and Canterbury that they should not be drawn in precedent He desired to see his Jury and that they might see him and to be tryed by his Peers and said he believed that a precedent could not be given of a subject tryed for his life but either by Bill in Parliament or by a Jury Witnesses were heard against the Earl of Cambridge 22. Debate about the business of the Navy and to incourage the Sea-men Order that the Councel of State take care for preserving the Library Medals and Statues at St. James's An expedient assented unto for the Members of the Council of State that they should subscribe the test to approve of what shall be done by the Commons in Parliament the supreme Authority of this Nation but nothing of confirming what was past Referred to the Council of State to take care for the preserving of Timber for the Navy The Earl of Cambridge brought before the High Court produced his witnesses some of whom were disallowed being Officers under him and so Participes Criminis He pleaded that he had not broken the Negative Oath for he had not ingaged against the Parliament but for the ends in the Scots Declaration His Council moved that they might with the Council of the Common-Wealth state the case of the Earl but this was denyed being in case of Treason and that the Earl's Council could only declare their opinions in point of Law Upon the Earl's desire he had further time granted him The Council of the Army Ordered some to prepare a draught of such things as might be presented by them to the
Parliament for the taking away of free quarter and for provision of things due to the Army They Ordered also a Proclamation to be drawn up against private meetings of Officers or Souldiers to the disturbance of the Army but the right of Petitioning not to be hindered provided it be orderly first acquainting their Officers Some Officers were appointed to think of a way for punishing those that shall endeavour to breed any discontent in the Army who are not of the Army 23. An Act touching Sequestrations in South-Wales and in favour of the poorer sort there the House accepted of a summ in gross from the Delinquents there except some persons Many Members having absented themselves till the late storms were over the House Ordered that none who have been absent since 31. Dec. last except Military Officers should be re-admitted till further Order Order that the House do adjourn three daies in every week and Committees to meet daily Debate how the publick Revenue might be brought all into one receipt and referred to a Committee The General published a Proclamation against taking free quarter by some not of the Army and by his Souldiers without a commissioned Officer The Earl of Holland being extreme ill as was deposed by his Physician was appointed a further day to be brought before the High Court 24. Debate of advancing money and easing the People of taxes they appointed a Committee to consider of all Parks Forests Woods c. belonging to the King c. Allowance of three pound a day to the Commissioners of the Navy and that the Mariners shall have so much for every Gun they shall take from any of the revolted Ships From the Council of State Cromwell and his Son Ireton went home with Whitelock to Supper where they were very cheerful and seemed extreamely well pleased they discoursed together till twelve a Clock at night and told many wonderful observations of Gods providence in the affairs of the War and in the business of the Army 's coming to London and seizing the Members of the House in all which were miraculous passages As they went home their Coach was stopped and they examined by the guards whom they told their names but the Captain of the guards would not believe them and threatned to carry these two great Officers to the Court of guard Ireton grew a little angry but Cromwell was cheerful with the Souldiers gave them twenty shillings and commended them and their Captain for doing their duty And they afterwards confessed that they knew Cromwell and Ireton well enough and were more strict with them than with others that they might see they were careful of their duty which they believed these great men came at this time purposely to observe 26. The Speaker acquainted the House with a Letter the Scots Commissioners sent him at their going away which was without leave the Letter was full of bitterness against the Parliament and their late proceedings against the King the House of Lords and the secluded Members The House Ordered guards to be sent privately to Gravesend after the Scots Commissioners to apprehend them and passed a Declaration to this effect That the Paper did contain much scandalous and reproachful matter against the just proceedings of this Parliament and an assuming on the behalf of the Kingdom of Scotland to have power over the Laws and Government of this Nation to the high dishonour thereof And a design in the Contrivers and Subscribers of it to raise sedition and grounds of a new and Bloody War in this Land and to second their late perfidious invasion That all persons in England or Ireland who shall joyn with or assist the said Contrivers and Subscribers upon the grounds laid in that Paper are Traitours and Rebels and shall be proceeded against as Traitors and Rebels Order that a Duplicate of the Paper be sent from this Parliament to the Parliament and Kingdom of Scotland to know whether they do or will own and justify this Paper presented in their names to the Parliament of England Jo. Lilburn delivered a Paper to the House with many hands to it in the name of addresses to the supreme Authority of England c. propounding several alterations in the Agreement of the People As that there be no intervals of Parliament or Council of State that Parliaments be annual and in the intervals to intrust a Committee of their own Members that in the Agreement there be a reserve from ever having any Kingly Government and a bar against restoring the House of Lords That Tythes be quite taken away the Excise Customs and Merchants Companies that there be no imprisoment of disabled men for debts and a Course to force all that are able to pay their debts and not to shelter themselves in Prison That provision be made of work and comfortable maintenance for all sorts of poor aged and impotent People a speedy and less troublesome way for deciding controversies in Law with these proposals 1. That they would not dissolve the House till a new Representative the next day be ready to succeed 2. To put in practice the self-denying Ordinance 3. That the same persons may not be continued long in the highest commands of Military power 4. That a Committee of the House may hear and conclude all controversies between Officers and Souldiers and mitigate the Law Martial and provide that it be not exercised upon persons not of the Army 5. To open the Press for printing freely 6. To abate the Charge of the Law and the stipends of Judges and Offices and to ease the taxes 7. Above all to dissolve the present Council of State which so much doth threaten Tyranny and to manage affairs by Committees of short continuance to be often accountable for their trust 8. To prohibit upon strict penalty all Committees Magistrates and Officers from exceeding their Commissions and to incourage complaints against them 9. To satisfy as to arrears of the Souldiers and as to accounts 10. That the Ordinance for Tythes upon treble damages may be taken away Another Petition of divers Officers and Souldiers of the Army to the same effect with the other and that the Laws may be in our own language both referred to a Committee The High Court of Justice continued for a Week longer Letters from Dublin of the great wants of Colonel Jones and of the conjunction of the Enemy The Council of the Earl of Cambridge were heard before the High Court of Justice they pleaded that the Earl was no free Denizen and though his Father was naturalizd and his heirs yet he not being born in the Kingdom could receive no benefit thereof That if he had been a free Denizen yet it was not prejudicial to him because he acted by command and Authority of the Parliament of another Nation and not of himself who was governed by another distinct Law The Earl pleaded the Articles given him by Major General Lambert who
Pawlets composition at three thousand seven hundred and sixty pound allowed and four thousand and two hundred pound for the Lord Pawlet An Act for a new Seal for the Courts of Wales and for Powell Eltonhead Parker and Clerk to be Judges there Letters from Scotland that the Parliament resolved to raise an Army of seventeen thousand Foot and six thousand Horse against the Sectarian Army in England in prosecution of the Covenant they having a report that an Army of English was upon their Borders That Colonel Monroe and Colonel Fizen with a party of Horse and Foot in the Northern parts of Scotland having Declared for King Charles II. taken Enderness and increased to four thousand the Scots Parliament repealed their votes of raising an Army against England and Ordered Forces against Monroe and his Party Pontefract desired a Treaty and were full of sickness in the Garrison 6. Report from the Council of State of forty thousand Horse and Foot to be kept up in England and Ireland whereof twelve thousand for Ireland their pay to be eighty thousand pound per mensem and free-quarter to be taken off Mr. Cauton a London Minister in his Prayer before the Lord Mayor having prayed for Charles II. as lawful King referred to Mr. Steel and Mr. Coke to prosecute him in the Upper Bench for Treason upon the late Declaration Letters of proclaiming King Charles II. in Guernsey Island by Sir George Carteret Letters from Holland that the Ministers there in their Pulpits inveigh against the proceedings in England and Pray for King Charles II. Referred to the Council of State to consider what is fit to be done herein and to preserve a good correspondence betwixt the two Nations The Earl of Cambridge brought before the High Court and asked what he had further to say why sentence should not be pronounced against him spake to the same effect as formerly The Earl of Holland and Lord Goring extenuated what they could their Offences as being rash not much hurtful c. The Lord Capel briefly repeated what he had formerly said and further observed an Ordinance of Parliament That Quarter should not be given to Irish Rebels for life which implyed that quarter given to others should be inviolable for life Sir John Owen pleaded quarter The President in his Scarlet robes spake many hours in answer to the several pleas of the Prisoners and at last sentence was given against them all that their heads should be severed from their Bodies yet with relation to the Mercy of Parliament 7. Referred to a Committee to draw up an Act for taking off all priviledge from Noblemen and to make their persons as liable to Law as any Commoner An Act committed for taking away Kingly Government and another for dissolving the House of Peers The Earl of Warwick and the Countess of Holland presented a Petition for the life of the Earl of Holland and divers Ladies for the others against whom the High Court had pronounced sentence of Death After some hours Debate upon these Petitions the House resolved upon the Question not to proceed any further upon these Petitions but to leave them to the Justice of the Court that sentenced them Then the Ladies Petitioned the High Court who only reprieved the Execution for two daies 8. A New form for electing Members of the House assented to Order that the Council of State nor Committees do not sit after nine in the Morning when the House sits Orders for seventy thousand pound per mensem for the Forces in England and thirty thousand pound per mensem for the Forces in Ireland and for an Act for eighty thousand pound per mensem assessment for the Forces and free quarter to be taken off New Petitions of the condemned Lords and a Letter from the General touching their Articles and after a long Debate the Question was put of them severally and voted That the Lord Capel should not be reprieved And carried by one vote that the Lord Goring should be reprieved this one vote was the Speaker who carried the House being equally divided four and twenty of each part and he said he did it because he had formerly received some civilities from the Lord Goring and his single vote now saved his life The House was also divided upon the question whether the Earl of Holland should be reprieved or not and the Speaker gave his voice against him Thus the Lord Goring who had been no friend to the Religious party was saved and the Earl of Holland who had been a most civil person to all and a very great friend to the old Puritans and protected them in the time of his greatest interest by the same single Vote lost his life This may be a caution to us against the affectation of popularity when you see the issue of it in this Noble Gentleman who was as full of Generosity and Courtship to all Sorts of Persons and readiness to help the oppressed and to stand for the rights of the people as any person of his quality in this Nation Yet this person was by the Representatives of the people given up to execution for Treason and another Lord who never made profession of being a friend to liberty either Civil or Spiritual and exceeded the Earl as much in his Crimes as he came short of him in his popularity the life of this Lord was spared by the people The resolution touching Duke Hamiltons Reprieve past in the Negative and for Sir Jo. Owen in the Affirmative and these Votes ordered to be sent to the High Court of Justice 9. Amendments to an Act for provision for the Forces of England and Ireland assented to The House rose early being thin because of the execution of the Lords The Earl of Cambridge was brought to the Scaffold in the Palace-Yard at Westminster and after some discourse with Dr. Sibbalds a Minister that came with him he turned to the people and seeing them so great a multitude he said his voice would not serve for them to hear him and therefore directed his speech to those upon the Scaffold with him He confessed his Religion to be according to that of the Kirk of Scotland that he had ever been Loyal to the late King and wished well to his Posterity and that none more desired the peace and happiness of this and other Kingdoms than himself That his coming into England with the late Army was out of no Treasonable or ill intent but for the ends contained in the Scots Declaration and what he did was as a servant to that Parliament and Kingdom That in that imployment next to the setling of Religion the establishing the King was his greatest aim and he wished his blood in order to the Kingdom might be the last that should be spilt That if he would have confessed who invited the Scots Army into England it would probably have saved his life Then he made a short Prayer Dr. Sibbalds kneeling with
Forces of Colonel Aston about four thousand refuse to disband profess for the Covenant and are incouraged by the Clergy that Major General Lambert is gone to disband them by force if there be no other way The Scots Anti-Covenanteers offered to joyn against the Sectaries in England In the Council of State the President Bradshaw spent much of their time in urging his own long arguments which are inconvenient in State matters and his part was only to gather the sence of the Council and to state the question not to deliver his own opinion 21. Vote That Papists in Arms might compound at a Moiety of their Estates Reference to the three Commissioners of the Navy of matters relating to the Fleet A Letter from the Lord Chief Baron Wilde of the Mayor and Justices of Excester refusing to appear at the Assizes referred to the Council of State and referred to them to take care against the ingrossing of Coal from Newastle A Book of the Lancashire Ministers called the Agreement of the People referred to the Committee of plundered Ministers to examine 22. The House sate not but divers Committees to prepare business for them The Countess of Carlisle was again before the Council of State about the last Summers Ingagement A Complaint to the Council of the Army against Woolaston Keeper of Newgate and an Officer sent to desire justice against him The King of France's agreement with the Parisians was refused by them The King of Denmark sent an Ambassadour to Prince Charles to offer him assistance A Minister of the Hague in the presence of divers others his Brethren made a complemental Speech to Prince Charles and stiled him most Illustrious King The Swedish Resident at the Hague made great rejoycing for the peace in Germany at every health 30. Pieces of Ordnance were discharged two Fountains were made to run with Claret and White Wine and in their Fire Works as the Letters relate the name of the Queen of Sweeden might be read very perfectly The Parliaments Declaration of their grounds and intentions of their late transactions published 23. An Act committed for relieving and setting the poor to work Order for the Lord Mayor and Sheriffs of London in Person to proclaim the Act for dissolving Kingly government and a Writ agreed for proclaiming it in the Market Towns of the Several Counties by the Sheriffs Order for eight thousand pound which should have been paid to the Scots to be for the Navy Order for Commissioners to be appointed to Inventory the goods and Personal Estate of the late King Queen and Prince and apprise them for the use of the Publick Order for an Act to be brought in to satisfy well affected persons to whom the King Q. or P. were indebted before the Wars out of the value of those goods and estate but that the first 30000â— to be raised by them be for the use of the Navy the Council of State to keep such of the goods as they should think fit for the use of the Common-wealth An Act for an assessment of 90000â— per mensem Ordered to be debated in a Grand Committee Order for a Commission to the Judge and other Officers of the Admiralty to try and give sentence on such Sea-men Prisoners as revolted to the Enemy A Report from the Council of State of several great Ships to be presently set out to Sea approved Referred to them to consider of raising monies by the Forests Chaces and Parks and the timber in them which is unfit for shipping The Council of the Army named two Officers of every Regiment to meet and seek God what advice to offer to the G. concerning Ireland and the Lieutenant General Cromwell was to give in his answer to the Council of State whether he will go for Ireland or not within two daies 24. The House sate in a grand Committee upon the Ordinance for assessments for the Army The Council of the Army proposed incouragements for those who would ingage for Ireland and the Regiments to be drawn out by lot Letters that Ormond proclaimed King Charles II. in Ireland and sent a Letter to C. Jones to advise him to come in to the obedience of the King and promising him great rewards if he do it and safety to all that come in with him and leave the pretended Parliament of England who have murdered their King and would introduce Anarchy C. Jones returned answer That he understood not how his Lordship came to that power that the Parliament of England would never have consented to such a peace as his Lordship made with the Rebels without any provision for the Protestant Religion That he knew not how that could be established by an Army of Papists to whose hands his Lordship had given up that whole Kingdom that he had rather suffer in his trust than to purchase to himself the ignominy of perfidy by any advantage offered to him Letters that Pontefract Castle was surrendred upon Articles six persons were excepted whereof three escaped that the Souldiers and Officers were to go to their homes first subscribing an ingagement not to advise act or take up Arms against the Parliament or Common-Wealth of England that they had two Months provisions and forty Barrels of Powder in the Castle 25. Easter day 26. The House sate not The Council of the Army agreed for incouragement of those who shall ingage for Ireland that they shall have three months advance of their pay and of their arrears and if they be slain those to have it to whom they shall assign it That a Court of Admiralty be in Ireland c. these things to be proposed to the House for their confirmation Letters from Ireland of Ormond's preparations for his Forces that the Vlster Scots declared against the Parliament and declined Monk that the Parliaments Army there are in great want and their interest in danger to be wholly lost in that Kingdom The heads of the Articles of Peace made by Ormond were 1. That the Roman Catholicks of Ireland have free exercise of Religion all penalties to be taken off not to be obliged to the Oath of supremacy to injoy Church livings in their possession and jurisdiction 2. For a Parliament when the Catholicks shall desire it 3. All Laws made in England since 1641. in blemish of the Catholicks to be vacated 4. All Indictments against them since that time to be vacated 5. That Catholicks may be elected and vote in Parliament 6. Debts to remain as in 40. 7. The Estates of freeholders in Connaught c. to be secured 8. All incapacities of the Natives to be taken away 9. All honours trusts imployments c. to be conferred on the Catholicks as well as Protestants 10. That the King take two thousand pound per annum for the Court of Wards 11. Noble men to have but two Proxies in Parliament 12. The depending of the Parliament of Ireland upon England to be
Forces sent into Ireland And to take off any reflection upon the General or dislike by him they also voted That the Lord Fairfax be General of all the Forces in England and Ireland At the Council of State they had variety of intelligence some good but more bad They gave a dispatch to Colonel Potley to go for Denmark and Sweden to send them from those Parts intelligence and they gave him two hundred pound in hand and promised him one hundred pound more for one years entertainment He was as fit as any man for this service had lived long in those Countries a Souldier well known and esteemed by the Grandees especially in Germany and in the Court of Sweden Whitelock recommended him to this imployment which was of great consequence to them April 1649. 1. The Lord Mayor of London Alderman Reynoldson attended the House at the Bar and being demanded why he disobeyed the Orders of Parliament for proclaiming the Act against Kingly Government He pleaded scruple of conscience by his Oath taken in the Exchequer and that he conceived the business only proper for the Sheriff of the City After a long debate the House voted that the Lord Mayor for his contempt should be fined two thousand pound five hundred pound of it to the poor of London five hundred pound to Westminster five hundred pound to Southwark and five hundred pound to the poor of the Tower Hamlets That he be committed prisoner to the Tower for two Months and degraded of his Mayoralty and that the Common Council be required and authorised to elect a new Mayor with all speed A Petition of divers of London and Westminster in the behalf of Lilburn Walwyn Prince and Overton prisoners in the Tower setting forth That the freedom of the People is that none ought to be proceeded against nor punished but by a known Law and before ordinary Judges and the Military power not to interpose but where the civil power fails They pray favour for the Prisoners and the Vnion of the Parliament party to be preserved A Petition with this Title To the Right Honourable the Commons of England assembled in Parliament The Humble Petition and Representation of several Churches of God in London commonly though falsely called Anabaptists They acknowledge the goodness of God to the Parliament and Kingdom disown any consent to the Book called The second Part of England's new chains discovered justify their own principles and obedience to Authority and pray the Parliament to make good Laws for the punishment of wickedness The House were satisfied with the disowning of the Book and their expressions to live peaceably and in submission to the Civil Magistracy which the Speaker told them by direction of the House And that they and other Christians walking answerable to such professions the House did assure them of liberty and protection so far as God should enable them in all things consistent with Godliness honesty and Civil Peace The House finding inconvenience by their late sitting the last Night Ordered to rise every day by one a Clock The Votes of the House collected together touching excepted persons and compositions of Delinquents were published Letters from Scotland of the Execution of Marquess Huntly That a Minister asking him a little before his Execution whether he desired absolution from the sentence of Excommunication which he lay under he answered he would have nothing to do with him nor with any that taught such heretical doctrine as he did to speak to him In his Speech to the People the Marquess told them he was sentenced to lose his Life for obedience to his sacred Soveraign to which this ought to incourage all men and not to affright them and that they should for that cause stoop to a Scaffold as if it were a Theatre of honour in this world as indeed it was a heavenly ladder That he only craved in his behalf the prayers of those among them that were of this opinion without desiring the prayers of others whose spirits perchance might be otherwise inclined 3. Debate of the Act for Sale of Deans and Chapters lands and for Sale of fee-farm rents of the Kings Act committed prohibiting Ministers to meddle with State affairs but to preach Jesus Christ Order for a Declaration about matters of Religion and setling of the Church That Tythes shall not be taken away till another maintenance be provided for the Minister as large and as honourable as by Tythes That as soon as such a way can be provided Tythes shall be then taken off that the government to be established in England shall be the Presbyterian government That a way shall be provided for admission of all such Churches as tend to Godliness and to advance the Kingdom of Jesus Christ to be free without disturbances Alderman Atkins was chosen Lord Mayor in the place of Alderman Reynoldson Prisoner in the Tower for the remainder of the year Letters of divers Vessels taken by the Irish Pyrates Upon the coming of Major General Lambert into Lancashire the two refractory Regiments were disbanded The Young Lord Cromwell and Colonel Werden and the Lord Fitz-herberts son were brought in Prisoners to Chester Letters from the Hague that the Earl of Brainford was gone to Sweden to negotiate for assistance of Prince Charles and for that purpose Letters were sent to the Emperour and King of Spain That others advised the Prince to go into Scotland and become the head of the Covenanters whom he might cast off again as there should be occasion but Montross was against that and that the Sword was most honourable That Van Trump set out a Declaration and presented it to the Prince to his great satisfaction as to Sea affairs 4. A Petition from the well affected in Blackburn Hundred in Lanchashire mentioning their former assistance to the Parliament and the corrupt party in both Houses approving the purging thereof and taking away the prerogative House of Lords their desires were to the same effect with those in other Petitions and they had the thanks of the House for their good affections An Act committed for prevention of the mischiefs by those who buy up many heads of Cattle and most of the granaries in the Nation to sell again at excessive rates Referred to a Committee to draw the form of a new Oath to be given to the new Lord Mayor of London and his successours and the Oath was presently drawn and assented to Referred to the Council of State to give such order as they should think fit concerning the Forces in Lancashire Debate of the Act for Sale of Deans and Chapters lands and voted that all monies due out of those lands for charitable uses should be paid according to the intent of the donors The Court Martial sate upon the Tryal of Major General Laughern C. Poyer and Powel Colonel Morris late Governour of Pontefract Castle and one Cornet Blackburn who had a hand in the Death
Committee An Act brought in by the Councel of State for repealing the Statutes 23. El. and 35. El. Against Pretended Sectaries and the Statute 1. Jac. Recommitted Order for Payment of the Sallaries to the Judges of the Admiralty Order to borrow 150000 l. for Ireland An Act past for discharge of the Commissioners of the Excise upon their accounts Sir Henry Heyman and another re-admitted to sit in the House Upon the report of the L. Commissioner Whitlock Baron Gates by reason of his sickness was excused from riding the Circuit and Serjeant Green ordered to go Judge in his place Power given to the Commissioners of the Seal to grant Commissions of Sewers and of Charitable uses as any L. Chr. L. Keeper or Commssioners of the Seal used to do Letters that the Enemie had besieged Dublin that C. Hewson twice beat off their Parties with loss to them and came off with flying Colours that C. Jones sent to Chester for Corn. That the Enemy was within one Mile of Dublin from whence a Party skirmished with them and took one Captain Duncan Prisoner That London Derry was not in a very bad Condition 30 The Lord Commissioner Lisle being formerly by the House made Master of St. Cross Hospital did now voluntarily surrender it to the House again and they bestowed it upon the Sollicitor G. Mr. Cook and ordered Augmentations of Meanes to the Ministers and poor Brethren as the Lord Commissioner Lisle had formerly given Debate upon the Act for sale of the Kings Houses Parks c. And Voted that St. James House and Park Theobalds Park Windsor Castle and Little Park Greenwich House Castle and Park should be reserved from Sale for the use of the State And referred to the Councel of State to consider what other Houses should be reserved from Sale The New Park near Richmond was given to the City of London as a Testimony of the Favour of the House to them Order for saving the Timber in the Parks c. for the use of the Navy Letters from Cheshire that Ormond had besieged Dublin with 14000 Men and doubted not but to carry it in a short time and that divers Ministers in Cheshire did pray publickly for restoring Charles the Second to his Fathers Crowns and Honours July 1649. 2 A Letter from the Parliament of Scotland in answer to the Letter sent to them from the Parliament of England in high Language and invective against the late proceedings in England but desiring that Commissioners of both Kingdoms may meet and treat about a good Correspondency between the two Nations Referred to the Councel of State how to prosecute the Desires of the Parliament of England and to vindicate it from the Aspersions cast upon them by the Parliament of Scotland Captain Row who brought the Scots Answer had 100 l. given him Divers Orders for Mony and Approbation of the Generals Allowance of more than ordinary Pay in regard of Billet Mony A Petition of the Car-men setting forth the Oppressions and Exactions of the Woodmongers and desiring to be made a new Corporation of the Car-men referred to a Committee The 400 l. per annum allowed to Dr. Vsher Primate of Armagh continued Order for 70 to be of the Life Guard to the Lieutenant of Ireland and Mr. Owen to go his Chaplain and his Wife and Children to have 100 l. per annum in his Absence Letters that C. Jones put out all the Men Roman Catholicks out of Dublin that Ormond took in all the Country about Dublin and put Jones to great wants that Sir George Askue secured the Harbour for the Army to land from England and that most of the English joyned with Ormond Letters that five Witches were burnt at Edenburgh who had the marks upon them which they had from the Devil The Parliament of Scotland sent a Gentleman to the Queen and Chr. of Sweden to acquaint them with their Proceedings with England and their falling off from them upon their late transactions c. That they prepare for new Levies of 15000 Horse and Foot to be added to the 5000 now in being 3 Debate upon the Act for sale of the Parks Lands c. of the late King and Officers agreed upon Captain Martins Accounts stated and he ordered to have 1000 l. per annum Inheritance in lieu of his Arrears The Lord Grey's Accounts passed A Pardon ordered for some Prisoners condemed in the Circuits Referred to the Councel of State to take care for bringing in the Arrears of Londons Assessement Letters from Dublin that C. Jones sent out 12 Horse who charged 30 of the Enemy routed them and took Lieutenant Collonel Duncan Prisoner and wounded Captain Dungan mortally and that Ormond stood within half a mile looking on That divers Malignants are imprisoned and the Papists driven out of the Town but their Wives and Children stay That Jones his Men killed a Captain and a Lieutenant of Ormonds Horse took a Cornet and 4 Horse and lost a Quarter Master That Inchequin wrote to Jones to treat but he returned a sharp denyal Letters that Prince Charles near Antwerp was met by some eminent Persons and presented by the Arch Duke with a sumptuous Coach studded with Silver and six gallant Flanders Mares drawing it and six Saddle Horses of the Neapolitan Race That at Antwerp the Magistrates conducted him to a stately Pallace where he stayed two dayes and was entertained as if he had been King of Spain Letters from France that the Queen of Englands Pension was lessened there from 12000 Crowns to 7000 Crowns and no Pension allowed to Prince Charles but what his Mother gives him Letters from Scotland of the strange number of Witches executed there that the Kingdom was quiet and in great Expectation of their new King 4 The Act passed for sale of the Goods of the late King Queen and Prince part of the Mony to pay some of the Kings Houshold Debts and 30000 l. for the Navy Debate upon a report from the Councel of State for borrowing 150000 l. of the City for the Service of Ireland Vote that the Letter from the Parliament of Scotland to William Lental Esq doth disobliege the Parliawent of England to proceed with Scotland to a Treaty and referred to the Councel of State to draw up a Declaration upon this and the former Scots Letters Letters of 1660 Barrels of Beer with other Provisions proportionable ready at Bristol for the Souldiers designed for Ireland Letters that Captain Harris with the Phenix Frigot had rescued divers Prizes taken by the Jersy Men. 5 Orders for Mony for lame Souldiers and the Widdows of Souldiers slain Mr. Steel was chosen Recorder of London in the place of Mr. Glyn. Divers Surveys returned of Deanes and Chapters Lands The Train of Artillery and Ammunition was shipped for Ireland 6 The Account of the Lieutenant of Ireland approved and he discharged The Lord Commissioner Whitelock did voluntarily surrender the place of Attourney of the Dutchy
caused to be published in Scotland for Justifying of his Proceedings Mr. Windram Layds of Libberton though hardly drawn to it was at length dispatched away with a Message to the Scots King after his arrival in Jersy he waited for an audience till an Agent that had come from Ireland was dismist Then being admitted to the Princes Presence he presented to him the Desires and Offers of the States of Scotland which were to this Effect 1 That he would sign the Covenant and pass an Act for all Persons in Scotland to take it and to ratifyall that had been done there concerning the same 2 That he would pass divers Acts of the Parliament of Scotland which were ratifyed by their two last Sessions as for his approbation of their disclaiming Dr. Hamiltons Design for receiving the several Acts made by the English for the Militia for the Kings of Scotland to have no negative voice in that Parliament 3 That he would withdraw his Commissions to Montross for raising Forces to be sent from beyond Seas into Scotland and to give present Order for the stopping thereof 4 That he would put away all Papists from about him and let none be of his Councel but known Protestants 5 That he would appoint some place about Holland to treat with Commissioners from the Estates of Scotland wro would send eminent Lords to him to treat and conclude there upon all particulars and from the time he should come into Holland they would provide for him what should be necessary to make him and his Train to reside in a Regal manner 6 That he would give a speedy Answer to their Desires These Propositions were much debated by the Prince his Councel who were of a different Sense concerning them nor could a present Answer to them be agreed upon the Priuce having ingaged himself to the Queen his Mother not to do any thing in matters of Importance without first acquainting her therewith and having her advice about them It was thought fit also speedily to acqnaint Montross with this Business Some of the Prince his Councel were for rejecting these Propositions as dishonorable and disadvantagious Others were for accepting them and a speedy agreement with that Party in Scotland which was most prevalent and by whom the Prince had greater Probability of obtaining the Crown than by Montross his Designs which were full of hazard and uncertainty Letters also came from the Queen urging that if the Scots Propositions seemed at present too severe and insupportable there might hereafter be opportunity as soon as he had obtained the Kingdom to free himself at least in some measure from the Inconveniences of them The main of his Councel tended to this that according to the Exigence of his Affairs at present it was absolutely necessary to comply with the Kirk of Scotland Montross advised the same and that the Banishment of himself might not hinder it but to that the King answered that he had found him so faithful and to have performed so eminent Services both to his Father and to himself that he could not in Justice or Honour leave him and desired him to urge him no further to it In regard the Answer to the Scots Propositions required some considerable time because it could not be compleated to be returned by the L. of Libberton Sir William Flemming was sent as Agent before hand to Edenburgh from thence to give Advice of the Affairs in Scotland that thereby the Councel might the better know how to frame the Answer Sir John Berkeley and C. Slingsby were sent into the West of England to sollicite the Kings Friends to rise in Arms for their Prince and being accidentally discovered by a Country Fellow were apprehended by the Committee of the County and sent Prisoners to Truroe The Prince had Ambassadors with the Emperour the Duke of Muscovia the State of Venice the Great Turk and with the King of Spain to whom the Substance of the Ambassy was 1 That the Parliament of England having been in Arms against his Father and prevailed against him and caused him to be put to Death 2 That he being Son and Heir to the late King was yet kept out of his Kingdom by the aforesaid Parliament 3 That he desired the King of Spain's Neighbourly Assistance and that he would afford him what Aid he could to Establish him into his Rights and Dignities in the Kingdoms To this the King of Spain made Answer 1 That he was sorry for his Fathers ill Success wishing he had been more prosperous 2 That he condold with him for his Fathers Death and was much affected with Sorrow at the manner of it 3 That concerning the difference between him and the Parliament and the Rights on the one or the other Side they being Matters out of his Territories and Jurisdiction he could not take Cognizance of them nor should he meddle therein But for any thing within his own Dominions he should be ready to do him what lawful Favour he could November 1649. The Princes continuance at Jersy was by his Councel held not fit to be much longer upon these Reasons 1 Because there was a considerable Fleet of the Parliaments come already to Portsmouth with store of Provisions and it was necessary to prevent the danger that might fall upon them in case those Ships should make an attempt upon the Island which that they would do was the more probable because there were already men landed in Jersy 2 That if they should lye under that hazard they knew not where to expect Relief except all other Services should be neglected and Prince Rupert and Montross called hither which would be the ruine of their Designs 3 That their removal would give great Satisfaction to the Kingdom of Scotland and be an Encouragement to their Friends in England 4 That thereby they should be the more free from Hazards and Dangers both as to themselves and others that should make addresses to them The Councel of State in England had good Intelligence of all the Transactions of the Prince and of his Councel which they procured by their Mony whereof some of the Prince his Servants were needy and would betray their Master for it The times were licentious and men took strange Liberty to calumniate all in Authority and to clamour if they had not what themselves thought fit respecting themselves and their private Interest and Concerns much more than the Rules of Right and Justice and the Law it self When the King of Portugal could neither by Force nor Intreaties be perswaded to cast off Prince Rupert out of his Protection the English Admirals resolved with patience to awaite his coming out and a long time they kept him in there till at last want of Provisions made them retire and give the Prince room Who immediately steered from thence to Malaga but in the Voyage perplexed with extraordinary Storms he lost his Brother Maurice who in the Vice Admiral was never since
Second Charter dated anno 15. of his Reign he sayeth In Honour of King Edward who made me his Heir and adopted me to rule over this Nation In his Charter dated 1088 of the Liberties of St. Martins the Great in the Manuscript thereof are these words In Example of Moses who built the Tabernacle and of Solomon who built the Temple Ego Gulielmus dei dispositione Consanguinitatis haereditate Anglorum Basileus c. The Charter of H. 1. his Son to this Abby In Honour of Edward my Kinsman who adopted my Father and his Children to be Heirs to this Kingdom c. In another Charter of Henry 1. in the Book of Ely he calls himself the Son of King William the Great who by hereditary right succeeded King Edward It is true that as to his pretence of Title by the Will of the Confessor Mathew Paris objecteth That the device was void being without the consent of the Barons To which may be answered That probably the Law might be so in H. 3. time when Paris wrote and was so taken to be in the Statute of Carlisle and in the case of King John But at the time of D. Williams Invasion the Law was taken to be That a Kingdom might be transferred by Will So was that of Sixtus Rusus and Asia came to the Romans by the Will of King Attalus the words by Annaeus Florus are Populus Romanus bonorum meorum Haeres esto Bythinia came to the Romans by the last Will of their King Nicomedes which is remembred by Utropius together with that of Lybia Cicero in his Orations tells us That the Kingdom of Alexandria by the last Will of their King was devolved to Rome And Prasitagus Rex Icenorum in England upon his death-bed gave his Kingdom to the Emperour Nero. As to Examples in this point at home this King William the 1. by his Will gave England to his younger Son William Rufus King Steven claimed by the Will of Henry the first King Henry 8. had power by Act of Parliament to order the Succession of the Crown as he pleased by Will. And the Lords of the Councel in Queen Marys time wrote to her That the Lady Janes Title to the Crown was by the Will and Letters of Edward 6. As the Case of Henry 8. was by Act of Parliament So Duke William after he had Conquered Harold was by the general consent of the Barons and People of England accepted for their King and so his Title by Will confirmed And he both claimed and Governed the Kingdom as an Heir and Successor confirmed their antient Laws and ruled according to them This appears by Chronica Cronicorum speaking of William the Bastard King of England and Duke of Normandy he saith That whereas St. Edward had no Heir of England William having conquered Harold the Usurper obtained the Crown under this Condition That he should inviolably observe those Laws given by the said Edward It is testifyed likewise by many of our Historians that the antient Laws of England were confirmed by Duke William Jornalensis sayeth That out of the Merchenlage West-Saxon-Lage and Dane-Lage The Confessor composed the Common Law which remains to this day Malmsbury who lived in Duke Williams time sayeth that the Kings were Sworn to observe the Laws of the Confessor so called sayeth he because he observed them most religiously But to make this point clear out of Ingulphus he sayeth in the end of his Chronicle I Ingulphus brought with me from London into my Monastery Crowland the Laws of the most righteous King Edward which my Lord King William did command by his Proclamation to be anthentick and perpetual and to be observed throughout the whole Kingdom of England upon pain of most heinous punishment The Leiger Book of the Abby of Waltham commends Duke William for restoring the Laws of the English Men out of the Customes of their Countrey Radburn follows this Opinion and these Laws of Edward the Confessor are the same in part which are contained in our great Charter of Liberties A Manuscript entituled De gestis Anglorum sayeth That at a Parliament at London 4 W. 1. the Lawyers also present that the King might hear their Laws He Established St. Edward Laws they being formerly used in King Edgars time There is also mention of the 12 men out of every County to deliver truely the State of their Laws the same is remembred by Selden History of Tithes and Titles of Honour and in a manuscript Chronicle bound with the Book of Ely in Cottons Library One of the worthy e Gentlemen from whom I differ in Opinion was pleased to say That if William the Conquerour did not introduce the Laws of Normandy into England yet he conceives our Laws to be brought out of France hither in the time of some other of our Kings who had large Territories in France and brought in their Laws hither else he wonders how our Laws should be in French Sir I shall endeavonr to satisfy his wonder therein by and by but first with your leave I shall offer to you some Probabilities out of the History That the Laws of England were by some of those Kings carryed into France rather than the Laws of France brought hither This is expressly affirmed by Paulus Jovius who writes That when the English Kings Reigned in a great part of France they taught the French their Laws Sabellicus a Venetian Historian writes That the Normans in their Manners and Customes and Laws followed the English Polydore Virgil contradicting himself in another place than before cited relates that in our King Henry 6. time the Duke of Bedford called together the chief men of all the Cities in Normandy and delivered in his Oration to them the many Benefits that the English afforded them especially in that the English gave to them their Customes and Laws By the Chronicle of Eltham H. 5. sent to Cane in Normandy not only Divines but English Common Lawyers by the Agreement at Troys So there is much more probability that the Laws of England were introduced into France and Normandy than that the Laws of Normandy or any other part of France were introduced in England If the Normans had been Conquerours of England as they were not but their Duke was only conquerour of Harold and received as Hereditary King of England yet is it not probable they would have changed our Laws and have introduced theirs because they did not use to do so upon other Conquests The Normans conquered the Isles of Guernsey and Jersy yet altered not their Laws which in their local Customes are like unto ours The like they did in Sicily Naples and Apulia where they were Conquerours yet the antient Laws of those Countries were continued I hope Mr. Speaker I have by this time given some Satisfaction to the worthy Gentlemen who differed from me That the Laws of England were not imposed upon us by the Conqueronr nor brought over hither either out of Normandy or any
Proposals to be tendered to the Parliament of England for their Submission to them That they are contented to wave Kingly Government That no Lord shall exceed in Power a Private Person That the Tyrannical Power of the Clergy may be dissolved 14. Letters That the Lord Argyle had called a Parliament and that Mr. Alexander Kant a Minister said in his Pulpit That God was bound to own that Parliament that all other Parliaments were called by Man but this was brought about by his own Hand That the Lord Belcarris levying Forces in the North of Scotland his Officers would not allow Men and Horses sent in though they were very good but would find fault with them and demanded 20 l. for every one and they would find Men and Horses for 20 l. a-piece themselves Whereupon the Countrey rose upon them killed some of them and made the rest run away A Soldier shot to death by Sentence of a Court-Marshal for striking a Serjeant who was correcting him for a misdemeanour That 800 Recruits were landed in Scotland and more expected That the Lieutenant-General sent out a strong Party under Collonel Overton That the greatest part of the Gourdons had laid down their Arms and most of the Gentry were willing to comply with the Parliament of England only the Ministers endeavoured to keep up the War 15. Letters That the Marquess Huntley sent to the Governour of Lieth for a Treaty as Argyle had done the Countrey forsaking them and inclining to submit to England That Mount Orgel in Jersey was surrendred to the Parliament Forces and in it 20 Brass and Iron Guns and 20 Barrels of Powder and that Admiral Blake was in a Treaty for Elizabeth Castle That a Master of a Ship coming by saw Boats passing up and down between the Ships and the Castle with Flags of Truce and many Guns fired The Parliament voted That it was a convenient time to declare a certain time for the continuance of this Parliament beyond which it should not sit 17. Letters That the Gentlemen of Fife and other Counties met and prepared Letters and Commissions to be sent into every County for authorizing Commissioners to attend the coming of the Commissioners from England to make Proposals to them for setling the Peace of the Kingdom 18. The Parliament voted That the time for continuance of this Parliament beyond which they resolve not to sit shall be the third day of November 1654. And that such Scots Prisoners who have been disposed of by the Parliament or Council of State and any Officers of the Army if they run away and go into Scotland without licence shall suffer death and be proceeded against by Marshal Law Letters from Collonel Heane from Jersey of his Proceedings there with the Summons Answers and Conditions of the Surrender of Mount Orgeil Castle That they had in the Castle 18 Pieces of Ordnance four Barrels of Powder Match and Bullet proportionable 1000 Arms Two Months Provisions for 70 Men. The Parliament confirmed the Articles and voted Thanks to General Blake and Collonel Hayne for their good Service 19. Letters That at the Surrender of Lymbrick the Bishop the Major and the Deputy-Governour were hanged the Governour was condemned but reprieved to be sent to the Parliament That the Bishop and Major were hanged for breach of the Articles in disguising many Friars Priests and Bloody Rogues whereby they escaped contrary to the Articles 21. Letters from Lieutenant-General Monk giving thanks to God for the good news of the Rendition of Orgeil Castle That he appointed some Gentlemen to meet with the Marquess of Argyle to treat with him according to his desires That the Country are expecting the coming of the Parliaments Commissioners from England to settle the Civil Affairs of Scotland The Protestation of 28 Ministers given in to the Provincial Assembly at Aberdeen which the Assembly condemned as prejudicial to the Priviledges of the Kirk whose Proceedings they justifie 22. Letters That the Marquess Huntley was come to live privately at his own House upon a Passe sent to him That one of his Proposals was That the Lieutenant-General should put him in possession of certain Lands which was kept from him by his Cousin the Marquess of Argyle That the Earl of Kalander and others of Quality were come in That some Gentlemen in Scotland have done great Service for the Parliament of England at which the Kirk are much enraged and call those Gentlemen Malignants and inveigh against them and against the Parliaments Forces That the Scots rose against Captain Augustin their Countryman killed some of his Men and drave away the rest That the Lord Forbes and others were come in to the Parliament of England and the Country generally desired to be under the Protection of the English Commander in chief in that Kingdom 24. Major-General Massey and others were brought up Prisoners to London Massey endeavoured to escape by the way as he was brought up having a good Horse to ride on he set Spurs to his Horse thinking to ride away from his Convoy but the Soldiers overtook him and brought him back Letters That the Enemy in Cornet Castle in â—uernsey were besieged and very high but the Inhabitants of Guernsey Island were generally the Parliaments Friends That Collonel Hayne shot with his great Guns against Elizabeth Castle and did very great execution and Sir George Carteret had much ado to appease the Mutiny of his Soldiers That Major-General Sterling was come in to the Protection of the Parliament That Argyle and Huntley were to meet with some Persons appointed by the Lieutenant-General to treat with them about their Submission to the Parliament 25. The Parliament ordered the new Council of State to be constituted for the year ensuing That 20 of the last years Council should be continued and â—1 new ones joyned to them The Parliament passed further Instructions to the Council of State The Power of the Admiralty was placed in the Council of State They ordered That the Council of State take care that no Meetings should be in Scotland under any pretence of consulting touching Matters of Government Order That no Chair-man shall continue in the Chair of any Committee above a Year and this to extend to the President of the Council of State Several Votes touching Compositions of Delinquents in Durham Letters That Major-General Dungan with 600 Horse attempted Rosse in Ireland and possessed the Town and took Collonel Markham and killed 12 sick Men in their Beds and took 13 Prisoners and plundered the Town although Irish upon the coming of Forces from Waterford they deserted the Town That Zanchey and others fell upon them killed 100 of them and took 50 of them Prisoners That 4 or 500 of Lymbrick were dead of the Plague That the Lord Deputy had the Castle of Clare surrendred to him 26. Letters That the Lord Belcarris had disbanded his Forces in Scotland and was come to his own House to
Lieutenant-General not to seize upon meddle with or any ways molest the Persons or Estates of any Excommunicated Person or any ways to discharge any other Persons whatsoever to desist from dealing or trading with the said Excommunicated Persons without order from the Common-wealth of England or their Commissioners 20. Primate received his Sentence from the Parliament at the Bar of the House upon his Knees and Lieutenant-Collonel Lilburne being brought to the Bar refused to kneel the House gave him but Twenty days to depart the Kingdom Debate upon and several Branches passed of the Act of Oblivion Vote That Mr. Hale Mr. Steel Mr. Cocke Mr. Manby Mr. Sadler Collonel Blunt Sir Hen. Blunt Mr. Berners Major-General Desborough Mr. Moyer Collonel Tomlinson Mr. Fountaine Alderman Fowke Mr. H. Peters Major Packer Sir William Roberts Mr. Meltwold Mr. Mansell Mr. Rushworth Mr. Sparrow and Sir Anthony Ashley Cooper be the Committee to take into consideration what inconveniences there are in the Law how the mischiefs which grow from delays the chargeableness and irregularities in the proceedings of the Law may be prevented and the speediest way to prevent the same And to present their Opinions to the Committee of Parliament appointed for that purpose and they or any Seven of them had power to send for any Persons to confer with them in this Business and for Records An Act for compounding with Delinquents and Sequestrations and for the Committee of Haberdashers-Hall 21. Letters of the ceasing of the Plague in Ireland That 300 of the Enemies Horse were taken since the English came to their Winter Quarters That the Commanders of such as are yet out make Overtures of laying down their Arms. That many of the Rebels are in treaty to submit to the Parliament That Galloway offers to treat 23. By a Court-Marshal a Soldier that killed another being first struck by him and highly provoked was according to Num. 35. 22. adjudged only to be Imprisoned for two Months and then to pay 20 l. to the Wife of him that was killed 24. Letters That the Synod of Aberdeen had excommunicated the Lord Drum That the Marquess of Argyle had seised upon a House of Huntleys and put a Garrison into it That the Lieutenant General went to meet the Parliaments Commissioners come from England to Scotland 26. Letters That the Captain of the Success Frigot and Ten more of his Company were cast away at Leith That the Commissioners for Scotland sent forth their Summons for fit Persons to come to them to present their desires That the Lord Wareston chiefly and others were the Grand Sticklers for the Kirk Party A Letter intended to be sent from the Kirk to the Lord-General setting forth the Iniquity of the English Invasion then they inveigh against the Errors and Preaching of Troopers Against the Incorporating of Scotland with England saying it will draw on a Subordination of the Church to the State in the things of Christ Against the gathering of Private Churches and Toleration as they call it and introducing Magistrates of contrary Principles to the Church Against a Civil Headship over the Religious Constitutions 27. Vote That no Fee Perquisite or Reward shall be taken by any of the Judges of Westminster-Hall or their Servants but such Salary as shall be allowed them by the State That all the Publick Revenue shall be brought into one Receipt Instructions passed for ordering and disposing all the Forces and the Charge of them not exceeding the Establishment of the Army A Paper delivered in by the Spanish Ambassador to the Council of State and by them reported to the House read and Instructions given upon it Letters of Credence from the Queen of Sweden by Peter Spiering Silvereroone to the Parliament read and referred to the Council Letters of 2 Ships of Barnestaple taken by Pyrates 28. A Declaration published and Vindication of the Poor oppressed Commons of Scotland in relation to their present sad and Sorrowful condition wherein they were brought by that perfidious Self-seeking Party who did lately wind themselves up in the Offices of Power and Trust in that Estate and Army Wherein they submit to the Parliament of England and pray that they would put nothing upon them which may molest their weak Consciences or imply Perjury 2. That they may be governed by the English and no Scotch-man imployed in any Office of Power or Trust in Church or State who have formerly betrayed their trust 29. Letters of a Vision seen at Sea by the River Maze First about a Mans hight above the Horizon like a Flat land appeared very many Foot-men and Horse-men out of the North North-East After that appeared a Fleet of Ships out of the North and among them a great Ship which lost her Top-Mast and was made ready again and her Flag seemed of 3 Colours like the Prince of Orange his Flag That on the same height appeared a Mighty Fleet of several sorts coming one against the other and a thick Smoak like Fighting That the Smoak vanished and the Ships appeared again clear After which the Ships appeared as if they were sunk and then clear again Then a Mighty great Ship seemed to sink at the Head and the after part to stand on High and another Ship to Sail by it And in the North appeared a Lyon the Vision continued 3 Hours and the Sea-men were much afraid Lieutenant-Collonel John Lilburn took his Journey from London and many Friends went with him to the Sea side 30. Letters of a Ship wracked near to Pendennis That the Parliaments Forces in Vlster met with a Party of Tories killed and drowned 150 of them That the Barony of Burren in Ireland which they say hath neither Wood Water nor Earth enough to Hang Drown or Bury a Man refusing to pay Contribution was harrased by Sir Charles Cootes Forces That the Commissioners of the Parliament of England for the Affaires of Scotland sat at Dalkeith for Setling the business of that Nation 31. The Committee appointed to consider of the Inconveniences and Delayes in the Proceedings of Law met several times and desired the Judges in their several Courts to return to them a List of the Officers in their Courts and what Fees they receive and what Work and Imploymeut they do for the same They entred upon several Heads of Inconveniencies in the Law in relation to Estates in Tail and Copyhold Estates and that for the future they may be made liable to the payment of Debts Whitelock was often advised with by some of this Committee and none of them was more active in this Business than Mr. Hugh Peters the Minister who understood little of the Law but was very Opinionative and would frequently mention some Proceedings of Law in Holland wherein he was altogether mistaken February 1651. 2. Letters of the Proceedings of the Parliaments Commissioners at Dalkeith and the trouble of the Kirke Party 3. An Act passed for executing
Answer That they do not hold it fit or reasonable to lay open their power but such as shall submit they have sufficient Power to receive them into the Parliaments Favour As to the granting Passes to any to go to the Parliament they hold it not fit to such as contrary to their Duty are in Hostility against them 2. Letters That the Basse was delivered up to the Parliament and in it all the Kirke Records which much troubled the Clergy An Act passed for continuing Serjeant Bradshaw Chancellour of the Dutchy and Bartholomew Hall Esq Attorney-General of the Dutchy 3. An Act passed for removing Obstructions in the Sale of the Kings Lands c. Letters That the Dutch Ships had orders if they met any English Ships to bring them into their Harbors 5. Letters of a Petty Rising of some High-landers but their Commander and a few of them being knockt down the rest of them ran away That a Bloody Moss-Trooper was Condemned to be Hanged and another by the Court-Martial to be Shot to Death for killing a Scotch-woman That some English Troopers being pursued by some Moss-Troopers who said they were of Collonel Okey's Regiment and Friends and so they put up their Arms again and rode on together when suddenly the Moss-Troopers drew out their Pistols and killed one of the Troopers wounded another of them and took the rest Prisoners and afterwards in cold blood murdered Three of their Prisoners and the Fourth miraculously escaped 6. Letters of the low condition the Irish were brought unto of John Fitz-Patrick an eminent Rebel admitted to his submission to the Parliament and of Clanrickards Letter for a National Treaty of the good service of Collonel Reynolds and the other Officers and Soldiers in Ireland Of the Forces of the Parliament about Eniscortly burning the Corn and every Morning the Houses they quartered in the night before killed and took many Irish That he was an idle Soldier who had not a Veal Lamb Pig Poultry or all of them for his Supper That they destroyed as much Provision as would have kept many Thousands of the Irish till next Harvest That they took about 200 Garroons 300 Cows and 400 Sheep and Goats and many Horse-men Of Contests between the Towns-men of Galloway and the Soldiery the Earl of Clanrickard taking part with the Soldiery and perswading the Town not to submit but to a National Treaty the Town insist upon a Treaty for themselves Of Assents of more Shires and Boroughs in Scotland to the Vnion with England transmitted to the Parliament The House passed Instructions about the Earl of Argyle to the Council of State The Cracovian Catechisme reported to the House and Voted by them to contain matters that are Blasphemous Erroneous and Scandalous That all the Printed Copies of that Book be burned Mr. Primate upon his Petition was discharged Order for 4000 l. to Repair Dover Pear and Harbour That Commissioners were in Treaty about the Surrender of Galloway The Dutch Imbargoe taken off from the English Ships Of the Dutch great Preparations for the Seas 7. Letters That Blackness was not thought fit to be made a Garrison That Dunbarton Castle was one of the Strongest holds in the 3 Kingdoms That Argyle in his Treaty with Major-General Dean and Major Salloway insisted much for the Interest of the Kirke That the Parliaments Forces fortified Ayre a strong Town and convenient Harbour 9. Letters of the meetings of the Ministers in Scotland who do threaten interdiction and communication to complyers with the Parliament and that the Highlanders fall upon them Of an Eclipse in Scotland that put the Inhabitants to a great Astonishment 10. Letters That the Dutch Ships in Pendennis Harbour hasted away from thence fearing an Imbargoe by the Parliament Of 6 English Colliers taken by the Dutch and rescued again by an English Frigot That Collonel Cook was Slain and no other of his Party in a Skirmish with the Rebels 12. Letters from Collonel Zanchey to the Lord-General and read in Parliament of all the proceedings of his Party the Winter past wherein among others he mentions the good Service of Captain Whitelock That they killed above 400 of the Irish and took 350 110 whereof he sent for Spain that they took many Hundreds of Cows and Garrons and 300 Troops of Horses and a great quantity of Arms. That about 400 of them upon their Petition and Security given have been received into the Parliaments Protection That they hanged above 50 of the Irish according to the Lord-General his Orders That he had not lost above 5 men nor any officers but Captain Ball. He mentions the Sollicitation of many of the Irish for a Treaty wherein he was doubtful what to do not knowing the mind of the Parliament therein towards those bloody Rebels but that to Collonel Odvery who had been very Civil and kind to the English who were Prisoners with him and very just in Performance of all his Ingagements he had granted a safe Conduct and Treaty to be confirmed or annulled as the Parliament should think fit and sent a Copy of the Articles From Leith that March 29 was so dark that they could not see to write without a Candle and it caused great fear upon all Men. 13. The Act read for Incorporating Scotland into one Common-wealth and Free-state with England and for abolishing the Kingly office in Scotland and committed A Letter assented unto to be sent to the King of Denmark and ordered to be sent Upon a report from the Councel of State of the abuses in Cloathing and Transporting of Wool and Fullers-Earth a day was appointed to debate it Order to exclude all private Business for 14 Dayes Order for an Act to settle the Lincoln-shire Fens 15. There was a smart debate between the Dutch Ambassadors and the Parliaments Commissioners wherein the point of the Right of Fishing in the Narrow-Seas and the Soveraignty of those Seas to be in the Nation of England was touched upon and by Whitelock more than others to the distast of their Excellencies the Lords Ambassadors 16. Letters That the Forces of Dublin had kined about 100 Tories and taken much Cattle That many Irish had made Conditions with the English Commissioners for a Submission that Collonel Fitz-Patrick had made Terms for 5000 men to go beyond Sea 17. Letters That most of the Countries by their Deputies had consented to the Vnion of Scotland with England and had chosen divers Officers of the English Army for their Deputies Of Ship-wracks near Scilly 19. Letters That Galloway had agreed to Surrender upon Articles That Collonel Reynolds had taken in 2 Garrisons of great Consequence bordering upon Vlster That the Ministers of Scotland inflame the People against England and damn all their Brethren and People who are not of their opinion That the Lord of Drum had bid them defiance That Argyle dallied and doubled with the English Commissioners 20. Letters That a party sent
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
advice of his Privy Council and Council Learned the King requires Shipmoney The Writ for it was at first but to Maritime Towns and Counties but that not sufficing other Writs were Issued out to all Counties to levy Ship-money Yet great care was taken to favour the Clergy all the rest of the People except Courtiers and Officers generally murmur at this taxe although it was politickly layd with all equality yet the great objection against it was because it was imposed without assent of Parliament and that therefore it was unlawfull The old Chancellor Oxenstierne of Sweden the great director of their affairs both at home and abroad particularly in Germany during the Queen's minority sent his eldest Son Grave John Oxenstierne Ambassadour to our King with Credentials from the Queen of Sweden But Grave John the Ambassadour and the Authority from whence he came were so unworthily slighted in our Court who were not willing to give any assistance to the Prince Elector against the Emperor that in great distast Grave John who was high enough in his own thoughts and for the honour of his Mistress the Queen went away in discontent from England and neither he nor his Father nor family were friends to our King after this affront put upon them The Parliament of Ireland gave some Subsidies to the King and the 39 Articles of our Church were there by that Parliament Established Mr. Attorney Noy having set on foot the tax of Ship money leaveth it and the world He died of the distemper of the Stone The Scots began to murmer against their last Parliament the Lord Balmerino was questioned about a Letter written by King James to Pope Clement to complement him It was suggested that this Lord's Father being Secretary to the King did draw the Letter and shufling it among other papers did by that means get it to be signed by the King Yet was this Lord afterwards not onely pardoned but honoured and preferred The discontented party in Scotland had Intelligence of the discontents in England and the Cardinal Richeliew sent his Agents to foment the discontents in both Kingdomes who met with matter and persons very apt to be kindled The Lord Treasurer Weston dyed not much lamented of the people who generally esteemed him to be a covert Papist and an Agent for Rome and though himself might be dispenced with yet most of his family made open profession of the Popish Religion and continue in the same profession Sir Edward Coke dyed this year also who was of greater reputation with the people but of less at Court whose Illegal actions he earnestly opposed in Parliament being usually chosen a Member of the House of Commons after he was put out of his publick offices He was a man of great Learning and Industry and had the value of a just and Impartial Magistrate The Imperialists and Swedes fought a bloudy Battaile at Nortington where the Swedes were overthrown 12000 of them slain and 6000 taken prisoners but hereupon insued a peace between them The Emperor being wisely the more Inclined to it after his being victorious in the Warre Spotteswood Archbishop of St. Andrews was made Chancellor of Scotland and though he was a wise and learned man and of good reputation and life yet it gave offence to many that he being a Clergy man should be Invested with that dignity which they affirmed not to have been done before since the Reformation At Abington complaint was made to the Mayor and to the Recorder of divers in the Town who were Nonconformists to the orders and ceremonies of the Church in divine Service as that some did not stand up at the Creed nor bow to the Altar nor at the name of Jesus nor receive the Sacrament kneeling at the High Altar and the like For which some that were related to the Ecclesiastical Court complained to them being Justices of the Peace for the Town and desir'd they would punish these Offenders the Recorder answered them that these offences were more properly punishable by the Ecclesiastical Judges in their Courts than by Justices of Peace and therefore he advised them to inform the Chancellor of the Diocesse or other Officers of that Jurisdiction concerning those Matters that proceedings might be had therein according to their Law but he thought it not fit for him to interpose in those matters the Complainers seemed much unsatisfied herewith but the Mayor being somewhat inclin'd to the opinions of the Non-conformists was not easily to be perswaded to punish them and Anno 1634 the Recorder himself was much for liberty of Conscience and favourable in that point so that allthough the other party urged much to have the Non-conformists punisht yet they put it off and would not doe it for which the Recorder was afterwards required to attend the Council Table to Answer some complaints made against him from Abington That he did comply with and countenance the Non-conformists there and refused to punish those who did not bow at the name of Jesus and to the Altar and refused to receive the Sacrament kneeling at the high Altar and the like offenders and that he was disaffected to the Church and the Ceremonies thereof enjoyn'd by Authority But the Recorder alledged in his own vindication why he did not punish those against whom the complaints were made That he knew no Common Law nor Statute in force for the punishment of them especially by Justices of the Peace and that the Complainers did not prefer any inditement against them and that the matters whereof the pretended offenders were accused were meerly as the accusers acknowledged Spiritual Matters proper for the Spiritual Judges as they were called And that he might have been censured to incroach upon the Jurisdiction and Rights of the Church if he should have taken Cognizance of them upon which the Council were satisfied and dismist him from further Attendance Anno 1635. Car. 11 By the help of the tax of Shipmoney a Navy was prepared of 40 good Ships of War and set out this Summer under the Earl of Lindsey Admiral and the Earl of Essex his Vice Admiral who had 20 Saile more for securing of the narrow Seas and of the trade of England The King resolves to prosecute his design with a Navy Royal to be set out yearly and therefore it was at Court concluded to lay the Charge of Shipmoney generally upon all Counties The Lord Keeper Coventry was ordered to direct the Judges to promote that business in their Circuits this Summer and to perswade the people to a ready obeying the writs and payments of Shipmoney for the next year In pursuance hereof his Lordship in his charge to the Judges in the Star Chamber at the end of Midsummer Term after sundry other particulars concluded as to this great business to this effect You my Lords the Judges are commanded in your charges at the Assizes and at all places opportunâ—ly to acquaint the people with
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
of England and Ireland Then a sealed Paper was produced which being opened and read appeared to be sent from the Parliament of Ireland declaring that the Commons there had Voted the Earl guilty of high Treason At this the Earl being much transported said There was a Conspiracy against him to take away his life The Committee of the House of Commons took hold of those words and required Justice from the Lords against the Earl who standing Impeached of high Treason accused the Parliaments of two Kingdoms of a Conspiracy against him Hereupon the Earl falling upon his knees humbly craved pardon for the Inconsiderateness of the expression protesting seriously that he did not thereby intend either Parliament but some particular persons and so that Matter was past over Then the Committee offered to the Lords three new Articles to be annexed to the Charge and desired that the Earl might presently give his Answer to them To which the Earl replyed That the Process being closed he hoped he should not be ordered to answer any adventitious and unexpected Charge without more convenient time assigned But the Lords finding the Articles to be of no great Importance he was urged to a present Answer which he then made to them March the 24th the Committee proceeded upon the Articles of the Charge and after Glynne had ended his part Maynard proceeded upon the following Articles and after him Mr. Palmer managed the ensuing Articles as to the aggravation of them and inforcing the Evidence upon them and his part extended to the seven last Articles upon the which Whitelocke was appointed to manage the Evidence Anno 1641. Car. 17 These Articles on his part were Matters of very high nature and some of them particularly the twenty fourth Article relating to the design of bringing over the Army in Ireland into Scotland and so to England to reduce this Kingdom Whitelocke having spoken with Sir Henry Vane the elder and with the other Witnesses to the twenty fourth Article and finding that their Testimony would not make good the Matter of that Article thought it not honourable for the House of Commons to proceed upon an Article whereof they could not make a clear proof and thereupon proposed it to the Committee to omit that Article in his proceedings The Committee were of the same opinion but upon Sir Walter Earle's undertaking to manage it they left that Article to him upon which Whitelocke after he had inforced the Evidence upon the twenty third Article sate down and Sir Walter Earl with much gravity and confidence began to aggravate the Matters in the twenty fourth Article and the dangerous Consequence and high Crime in it and called forth the Witnesses to prove the particulars which he had at large opened Some of the Witnesses were not in England those of them who came in being sworn spake little to the purpose and did not prove the Matter at all of that Article upon which the Knight was very blank and out of countenance But the Earl of Strafford who lost no advantage of his Defence rising up from his Seat made a low obeysance as he was used to do to the Lords and spake to this effect My Lords I am a poor Gentleman a Prisoner at the Bar against whom several persons learned in the Laws and of great ability for pleading and strength of reason and other noble persons of great parts and eloquence have enforced the particular Matters of my Charge and I had well hoped they had been drawing towards an end But now my Lords unexpectedly a new and great Pleader sets upon me tired out before and this noble Knight hath laid a heavy burden indeed upon my shoulders he hath opened more hainous Crimes against me than all those Gentlemen who have gone before The learned Gentleman who urged the Matters of the last Articles against me when he came to this twenty fourth Article sate down and seemed to decline it and yet he left nothing material which was not urged home by him But this noble Knight goes beyond all and indeed beyond the Article it self observing things not contained in it and impossible to be And could he have proved this it had been truly a Miracle But I humbly beg your Lordships pardon I am not willing to spend any of your time impertinently I shall only say this That where nothing is proved against me I know your Lordships great wisdom and justice will expect no defence from me After the Earl was sate down the Lord Digby stood up and in a very witty rhetorical speech took off Sir Walter Earle Desired their Lordships to pass by a mistake that this Article was not intended for prosecution as might appear by the Gentleman 's declining of it who managed the former He moved That this twenty fourth Article might be omitted and their Lordships not to receive any further trouble in the urging of it or defence to it and that they would be pleased to look upon what that noble Knight had said but as a Superfâ—tation After the Lord Digby had spoken Whitelocke presently rose up and after the Lords 〈◊〉 done smiling he proceeded with the twenty fifth Article The Queen who was present at the Tryal inquired who that Knight was whom the Lord Digby relieved and being told his name was Sir Walter Earle She said that water Dog did bark but not bite but the rest did bite close The Earl of Strafford speaking of the Committee who managed the Evidence against him and particularly of the Lawyers said to a private friend that Glynne and Maynard used him like Advocates but Palmer and Whitelocke used him like Gentlemen and yet left out nothing material to be urged against him When the Committee had gone through all the Articles they moved That if the Earl had any thing to say further in his defence that he might do it the Earl obtained with difficulty time till the next Morning The next day both Houses being met the Lieutenant of the Tower acquainted them that the Earl had been extream ill the last Night of a violent Fit of the Stone and was not able to come abroad this Day and humbly desired their Lordships excuse This caused them to adjourn to the next Morning and in the Afternoon some of the Lords were sent from the House to see in what condition the Earl was who found him somewhat recovered and he hoped so as he might attend them the next Day Then the House met again April the 10th and the Commons desired liberty to produce an additional piece of Evidence to the twenty third Article The Earl craved the same liberty for himself concerning some Testimonies not yet exhibited on his behalf this the Committee opposed but the Lords thought it equal and after a warm Debate upon it the Commons rose in some discontent not so much as appointing a day for their next meeting April 12. In the House of Commons Mr. Pym produced a Paper of some Notes taken by Secretary Vane
of some Opinions delivered at the Council-table of Juncto May 5. 1640. being the day that the last Parliament was dissolved the discovery whereof was thus Secretary Vane being out of Town sent a Letter to his Son Sir Henry Vane the younger then in London with the Key of his Study for his Son to look in his Cabinet for some Papers there to send to his Father The Son looking over many Papers among them lighted upon these Notes which being of so great concernment to the Publick and declaring so much against the Earl of Strafford he held himself bound in duty and conscience to discover them He shewed them to Mr. Pym who urged him and prevailed with him that they might be made use of in the Evidence against the Earl of Strafford as being most material and of great consequence in relation to that business Accordingly they were now produced to the House of Commons and in the Afternoon at a Conference with the Lords and the next day the Earl being brought to Westminster and both Houses being met the Notes were openly read the Title of them was No danger of a War with Scotland if Offensive not Defensive Then followed the Opinions interlocutory K. C. How can we undertake offensive War if we have no more Money L. L. Ir. Borrow of the City 100000 l. go on vigorously to levy Ship-money your Majesty having tried the affection of your people you are absolved and loose from all rule of Government and to do what power will admit Your Majesty having tried all ways and being refused shall be acquitted before God and Man And you have an Army in Ireland that you may imploy to reduce this Kingdom to obedience for I am confident the Scots cannot hold out five Months L. Arch. You have tried all ways and have always been denied it is now lawful to take it by force L. Cot. Leagues abroad there may be made for the defence of the Kingdom the lower House are weary of the King and Church all ways shall be just to raise Money by in this inevitable necessity and are to be used being lawful L. Arch. For an offensive not any defensive Warr. L. L. Ir. The Town is full of Lords put the Commission of Array on foot and if any of them stir we will make them smart To this the Earl answered That it were hard measure for Opinions and Discourses by Privy Counsellors in a Debate of Council to be prosecuted under the Notion of Treason As to the words that the King had an Army in Ireland to reduce this Kingdom they are only proved by the single testimony of one man Secretary Vane which is not of validity enough in Law in a matter of Debt much less in point of Life and Death 2. That the Secretarie's Deposition was exceeding dubious upon two Examinations he could not remember any such words the third time his Testimony was not positive but that I spake those words or the like and words may be very like in sound yet differ much in sense 3. There were present at the Debate but eight Privy Counsellors two of them the Arch-bishop and Secretary Windebank cannot be produced Secretary Vane affirms the words I deny them Four remain for Evidence Marquess Hamilton the Earl of Northumberland the Lord Treasurer and the Lord Cottington all these have declared upon their Honours that they never heard me speak those words nor any the like 4. Suppose I spake the words which I grant not yet cannot the word this rationally imply England as is yielded on all hands because England was not out of the way of obedience as the Earl of Clare well observed and because there never was any the least intention of landing the Irish Army in England as the Lords of the Council are able to attest This Paper of so great Consequence was missing at the Committee and by the Earl's Answer supposed that he had seen it and that it was conveyed to him by some of the Committee Whitelocke being in the Chair and having the charge and custody of all the Papers he was suspected more than others to have acted this piece of Treachery Great inquiry and search was made for the Paper but it could not then be found He told them when it was missing and that amongst such a multitude of Papers as he had in his custody it was not easie to see that he had them all again when they were brought forth or any of them called for That he never shewed this Paper to any but to the Committee and knew not who had it or what was become of it nor did he convey it or know of any that had conveyed it away But this would not serve the House was acquainted with the missing of the Paper and they ordered That every one of the Committee should make a solemn Protestation in the House that they did not convey it away nor know what was become of it All of them made this Protestation and the Lord Digby with more earnestness and deeper Imprecations than any of the rest yet afterwards at the Battel of Naseby the King's Cabinet being taken among the Papers in it was a Copy of these Notes under the Lord Digby's hand whereby Whitelocke was cleared and the Conveyer of the Paper to the King and from him to the Earl of Strafford was fully discovered The Earl having delivered his Answer to the additional Proof the Lord Steward told him That if he had any thing to say further in his defence he should proceed because the Court intended to prepare Matters for their speedy Judgment VVhereupon he made a summary Repetition of the several parts of his former Defence and concluded thus It is hard to be questioned upon a Law which cannot be shewn where hath this fire lain hid so many hundreds of years without smoak to discover it till it thus burst forth to consume me and my Children That punishment should precede promulgation of a Law to be punished by a Law subsequent to the Fact is extream hard what man can be safe if this be admitted My Lords it is hard in another respect that there should be no token set by which we should know this Offence no admonition by which we should avoid it If a man pass the Thames in a Boat and split himself upon an Anchor and no Buoy be floating to discover it he who oweth the Anchor shall make satisfaction but if a Buoy be set there every man passeth upon his own peril Now where is the Mark where the Token upon this Crime to declare it to be High Treason My Lords Be pleased to give that regard to the Peerage of England as never to expose your selves to such Moot Points such constructive Interpretations of Laws If there must be a tryal of Wits let the subject matter be of somewhat else than the Lives and Honours of Peers It will be wisdom for your selves for your Posterity and for the whole Kingdom to cast
called them Straffordians This being informed to the House by some who were named in that List as a high breach of the Priviledge of Parliament yet being the act of a Multitude no redress was endeavoured These Tumults were accompanied with an Information of some practice in the North to distract the English Army and to debauch them against the Parliament These Passages occasioned a Debate in the House of Commons about a National Protestation to maintain the Protestant Religion against Popery the King's Person the Power of Parliament and the Rights and Liberties of the Subject May 5. This Protestation was taken by the Commons House the next day by the Lords and ordered to be generally taken by all the People of England The House of Commons then took in debate the raising of Moneys to satisfie those great Accounts of the two Armies with which the Kingdom was so highly burthened wherein a Lancashire Knight offered to procure his Majesty 650000 l. till the Subsidies should be raised if he would pass a Bill Not to Prorogue Adjourn or Dissolve this Parliament without Consent of both Houses to indure till the Grievances were redressed and to give the Parliament Credit to take up Monies This was well liked by many Parliament-men who upon the passing of such a Bill would sit the surer and the longer in their Saddles and they were so hot upon it that the same Afternoon they made a Committee to bring in such a Bill the next Morning and Whitelocke was named to draw the Bill Of forty five Lords twenty six Voted the Earl guilty of high Treason upon the fifteenth Article For levying Money in Ireland by force in a warlike manner And upon the nineteenth Article For imposing an Oath upon the Subjects in Ireland The Bill for continuance of the Parliament was brought into the House the next Morning after it was propounded and the same day it was perfected and past the House of Commons This Bill and the Act of Attainder being both past by the Commons a Conference was had with the Lords after they had passed them and a Message sent by some Lords to the King to intreat his Answer who promised to satisfie them within two days The King being much perplexed upon the tendring of these two Bills to him between the Clamours of a discontented People and an unsatisfied Conscience he took advice as some reported of several of the Bishops and of others his intimate Counsellors what to doe in this intricate Affair and that the major part of them urged to him the Opinions of the Judges that this was Treason and the Bill legal They pressed likewise the Votes of the Parliament That he was but one man that no other Expedient could be found out to appease the inraged People and that the Consequences of a furious Multitude would be very terrible Upon all which they perswaded him to pass the Bills But the chief Motive was said to be a Letter of the Earl of Strafford then sent unto him wherein the gallant Earl takes notice of these things and what is best for his Majesty in these streights and to set his Conscience at liberty He doth most humbly beseech him for prevention of such mischief as may happen by his refusal to pass the Bill to remove him out of the way towards that blessed Agreement which God I trust shall for ever establish betwixt you and your Subjects Sir my Consent herein shall more acquit you to God than all the world can do besides To a willing man there is no Injury done By these Passages and by some private dealings the King was perswaded to sign a Commission to three Lords to pass these two Bills and that he should ever be brought to it was admired by most of his Subjects as well as by Foreigners After he had signed these Bills the King sent Secretary Carleton to the Earl to acquaint him with what was done and the Motives of it especially the Earl's Consent who seriously asked the Secretary whether his Majesty had passed the Bill or not as not believing without some astonishment that the King would have done it And being again assured that it was past he rose up from his Chair lift up his Eyes to Heaven laid his Hand on his Heart and said Put not your trust in Princes nor in the Sons of men for in them there is no Salvation Great Censures as in all great businesses were past upon the King 's passing of both these Bills That the one was against his most faithful Servant and the other against himself Certainly he had great remorse thereupon and the next day May 11. he sent a Letter by the Prince to the Lords written all with his own hand That they would confer with the House of Commons to spare the life of the Earl and that it would be a high Contentment to him Some did not stick to say that this was promised to him before he signed the Bill of Attainder and to bring him to it But now the Lords House did not think fit to consent to his Majestie 's desire therein May 12. The Earl was brought to the Scaffold on the Tower-hill as he passed by he looked up to the Window where the Archbishop lay who spake to him with comfort and courage He made on the Scaffold a most ingenious charitable and pious Speech and Prayers gave some Directions touching his Children and died with charity courage and general lamentation Thus fell this Noble Earl who for natural Parts and Abilities and for improvement of knowledge by experience in the greatest Affairs for wisdom faithfulness and gallantry of mind hath left few behind him that may be ranked equal with him The Design for the Earl's escape out of the Tower was related to be discovered by three women who peeping and hearkning to the discourse of the Earl with Captain Billingsley they at the Key-hole of the Earl's Gallery-door heard them confer about the falling down of the Ship to take in the Earl and Billingsley brought a Warrant from the King with two hundred men to be received into the Tower for the safety of it but Sir William Balfour the Lieutenant refused to admit them suspecting that they came to further the Earl's escape Balfour confessed that two thousand pounds were offered him to consent to the Earl's escape and the Earl himself did not deny a Design which he said was only for his remove to some other Castle But Balfour was true to the Interest of his Country-men the Covenanters and their friends in Parliament Divers great Officers of State resigned up their Places either accounting themselves insecure or to satisfie others May 17. The Lord Cottington gave up his Place of Master of the Wards which the Lord Say had conferred on him Bishop Juxon resigned his Office of Treasurer and five Commissioners were appointed to execute it for the time The Earl of Leicester was made Lieutenant of
Strickland were sent to Gravesend to entertain and conduct the Dutch Embassadour to the Parliament The City invited both Houses of Parliament to Dinner in Merchant Taylor 's Hall on such a day as the Parliament would appoint and the rather at this time the General Essex and the Earl of Manchester being in Town that the City might express their thankfulness to the Parliament for their unwearied labours and care for the defence and peace of the City and whole Kingdom The Houses returned thanks to the City and ingaged to live and die with them in this Cause and this was the rather contrived now that the Plot to raise differences between the Parliament and City and to bring in the King might appear to be the more frivolous The Parliament ordered publick thanks to be given at this Meeting at a Sermon and the Sunday after in all Parishes for the discovery and prevention of the Plot of Sir Bazil Brook A Ship laden with Arms and Ammunition sent from Bristol to relieve the King's Forces at Chester was by the Mariners compelling their Master brought in to Leverpool to the Parliament The Archbishop Laud was brought to the House of Peers and the impeachment against him read and he required to answer who said he was an old man and weak and could not answer without Counsel and desired a further time to answer which was granted Both Houses dined with the City at Merchant-Taylor's Hall in the morning they met at Sermon in Christ Church from thence they went on foot to the Hall the Trained Bands making a Lane in the Streets as they passed by First went the Lord Mayor and Aldermen in their Scarlet Gowns and the Common Council then the Lord General Lord Admiral Earl of Manchester and other Lords attended with divers Colonels and military Officers After the Lords came the Members of the House of Commons and the Commissioners of Scotland then the Assembly of Divines and as they went through Cheapside on a Scaffold many Popish Pictures Crucifixes and Superstitious Relicks were burnt before them The Lord Howard of Escrick petitioned for reparation of his losses by the Cavaliers out of Delinquents Estates The 22. of January being the day appointed for the Anti-Parliament to meet at Oxford the Parliament at Westminster called the House and there appeared 280 of their Members besides 100 more in the service of the Parliament in the several Counties and now they expelled by vote 40 Members who had deserted the Parliament The Anti-Parliament met at Oxford but have not taken upon them the name and power of Parliament The first day of Hillary Term the Commissioners of the Seal and the Judges sate in the several Courts at Westminster Hall The Ordinance passed That if any should deliver Proclamation or other thing to any persons from Oxford or sealed with any other Great Seal than that attending the Parliament that they should be proceeded against as Spies according to Marshal Law Monsieur de Harecourt sent a Letter to both the Speakers but not intituling them Speakers of the Parliament but only Messieurs Grey de Werke and Lenthall upon which the Parliament refused to accept the Letters Colonel Mitton routed a Party of the King's Horse convoying Arms and Ammunition to the Besiegers of Nantwich Mitton fell upon them unexpectedly killed many took Sir Nicholas Byron Governour of Chester Sir Richard Willis one hundred inferiour Officers and Troopers one hundred and fifty Horse and Arms and all the Ammunition and Powder which they brought from Shrewsbury The Lord Lovelace wrote to Sir Henry Vane Junior to perswade a Treaty of Peace and to raise divisions among the Parliaments party The House authorised Sir Henry Mr. St. John and Mr. Brown to keep a Correspondence with the Lord Lovelace to sift what they could out of him and his Lordship was too weak for these Gentlemen Three hundred Native Irish Rebels landed at Weymouth under the Lord Inchiquin to serve his Majesty Divers Papists Servants about the King's Children were removed Ogle for the King wrote to Mr. Thomas Goodwyn and Mr. Nye of the Independent Judgment to make great promises to them if they would oppose the Presbyterian Government intended by the Scots to be imposed on England and much to that purpose These two being persons of great Judgment and Parts acquainted their Friends herewith and were authorised to continue a Correspondence with Ogle who gained no ground upon them No more could Ogle upon the Governour of Ailesbury nor upon Mr. Davenish the one was sollicited to betray Ailesbury and the other Windsor with mountainous promises from Ogle on the King's part but all were refused The Scots Army now entred England were eighteen hundred foot and thirty five hundred of horse and Dragoons The Recorder and Citizens of London presented a Petition to the Commons for dispatch of the business of the Accounts of the Kingdom and for recruiting and reforming the Armies This gave a stroke of jealousie and discontent to Essex and his friends and the more because the House so well entertained it The Commons ordered Worcester-house to be furnished for the Scots Commissioners who desired some Members of both Houses might be appointed as a joynt Councel with them A Trumpet came from Oxford with Letters to the General and a Parchment-Roll signed by the Prince the Duke of York Duke of Cumberland Prince Rupert about fourty Lords and one hundred Knights and Gentlemen sometime Members of the House of Commons and now met by the King's Proclamation at the Assembly at Oxford to debate of the State and Peace of the Kingdom and to prevent effusion of more blood And therefore they desire the General to treat with his Friends and those by whom he is imployed not naming the Parliament to appoint a time and place to treat of Propositions of Peace The General acquainted the Parliament herewith who would not own nor receive the Letters having no Directions to them but left it to the General to return an Answer An Ordinance past to recruit the Lord General 's Army to 7500 Foot and 3000 Horse and Dragoons and they to have constant pay only eleven Officers to have but half pay The Forces of Sir Thomas Fairfax and Sir William Brereton joyning together marched to relieve Nantwich The King's Forces before the Town drew out to fight them and gallant Actions were performed on both sides the event of the Battel was long doubtful till unexpectedly the King's Forces gave ground and were pursued by the Parliaments till they were totally routed and dispersed There were taken Prisoners Major General Gibson Earnley Sir Richard Fleetwood Sir Francis Boteler an Irish Rebel Colonel Monk who afterwards served the Parliament and this was his first turn Colonel Gibs Harmon Sir Ralph Downes fourteen Captains twenty Lieutenants twenty six Ensigns two Cornets two Quarter-masters forty Drums forty one Serjeants sixty three Corporals and
fifteen hundred common Souldiers six Pieces of Ordnance four Canoniers twenty seven Waggons loaded There were slain in the Fight two Lieutenant Colonels four Captains and five hundred men an hundred and twenty Irish women with long Knives and they report that on the Parliaments side were slain not above twenty men and of them not one Officer From Gloucester Colonel Massey set upon Sir Henry Talbot's Quarters and surprized him three Captains three Lieutenants three Irish Reformadoes a Serjeant-Major sixty common Souldiers and much Arms Ammunition and Provision going for Worcester The Commons ordered publick thanks to be given in all Churches for these Victories and for the Assistance of the Scots come into the Parliament Sir Edward Deering came from Oxford into the Parliament and upon his Examination said That since the Cessation in Ireland and seeing so many Papists and Irish Rebels in the King's Army and the Anti-Parliament set up at Oxford and the King's Counsels wholly governed by the Popish party his Conscience would not permit him to stay longer with them but he came to throw himself upon the mercy of the Parliament and according to their Declaration to compound for his Delinquency To which he was admitted and order given for all others that would come in after him who was the first Massey retook Malmesbury and the Lieutenant Governour and took three hundred Ossicers and Souldiers and their Arms in that Town The Commissioners of the Seal gave the Covenant to the Lawyers and Officers and so many came to take it that they were fain to appoint another day for it The Dutch Ambassadour went from London to Oxford first to Treat with his Majesty Mr. Rowse a Member of the House of Commons was by them made Provost of Eaton College The Commons expelled several other of their Members who had deserted the Parliament General Essex advised with his Friends about an Answer to the Letters which came from the Anti-Parliament at Oxford and his Answer was in a Letter to the Earl of Forth the King's General to this effect That he received the Letter and Parchment from his Lordship but it having no address to nor acknowledgment of the Parliament he could not communicate it to them That in maintenance of the Parliament and Privileges thereof they all resolve to spend their blood as the foundation of our Laws and Liberties and he sends to Forth the National Covenant The Parliament appointed seven Lords and fourteen Commons to be a joynt Council with the Scots Commissioners but the fewness of the number distasted many who were left out The Commons took order for ransoming of the English Captives at Algiers Some differences or rather unkindness was apprehended between the Lord Willoughby of Parham and the Earl of Manchester who carrying Matters as a General the Lord Willoughby could the less brook it knowing himself not to be puisne to him but all was well reconciled The Lord Fairfax took In Birlington Bay and about a hundred Horses and Arms. Sir Thomas Fairfax pulled up the Bridges leading to Chester and regained three or four Garrisons from the Enemy and took about five hundred men Arms and Provisions The Estates of the Earl of Clare and of divers others were ordered to be sequestred An Exhortation of the Assembly of Divines touching the taking of the Covenant was approved The Commons allowed five pounds a Week to Sir John Hotham and as much to Sir Alexander Carew and three pounds a Week to Mr. Hotham for their Maintenance in Prison Prince Rupert by strickt Warrants under pain of Fire and Sword forbids any Provisions to be carried to Gloucester by which means the City was streightned Massey's Brother with a Party of the Gloucester Horse going to beat up the Enemies quarters was engaged with the main body of their Horse and forced to hasten his Retreat with the loss of seventeen of his men The Scots took Coquet Island and about two hundred men with their Arms seven Pieces of Ordnance and Provisions and rescued and restored to the Owners a great Herd of Cattel taken away by the King's Forces Colonel Grey the Lord Grey's Brother came in to them with a Regiment of Horse and took the Covenant and the Inhabitants of Northumberland and Westmerland came in great numbers to them they sent a Summons to Newcastle Sir Thomas Fairfax took in Crew-house and Darison house and the Lord Brereton he took Prisoner with many others The Swedes had great successes in Germany Another Letter of the Lord Goring's was intercepted and He ordered to be Impeached of High Treason The Timber upon the Lands of the Lord Tennet and of other Delinquents was ordered to be cut down for the use of the Navy The Commons ordered to sit every day in the Forenoon in the House in the Afternoon in Committees and every Member that came not before Prayers ended in the Morning to pay one Shilling to the Poor and for every Motion made after Twelve a Clock to pay five Shillings The Earl of Westmerland and divers other Delinquents came in to the Parliament desiring the benefit of the Declaration of both Kingdoms for Composition The Council at Oxford prohibited any to have this Declaration in his Custody upon pain of Felony and that if any went from Oxford without leave of the Governour they should be proceeded against by Martial Law as Traytors Sir William Brereton reported to the House of Commons that the Irish and other Forces under the Lord Byron commit great Spoils and Cruelties where they come what they cannot devour they set on fire commit horrid Rapes and Insolencies that more of the Irish Rebels are expected to land in those parts and Prince Rupert to come and joyn with them That he sends forth his Warrants to bring in Provisions on pain of death and that fifteen hundred more of the Rebels are to be landed in Scotland to interrupt the Scots advance into England The Marquess of Ormond the new Lieutenant of Ireland forbids the taking of the Covenant upon this and his being the chief Promoter of the Cessation there and of sending Forces from thence to the King the Commons vote To impeach him as a Traytor against the three Kingdoms and disable him of his Lieutenancy and of all Command in Ireland Twenty thousand English and Scots in the North of Ireland have vowed to live and die together in opposition to the Cessation A Trumpet came from Oxford to the Lord General with Letters from the Earl of Forth by the King's Command for a new Overture of Peace desiring a safe Conduct for Mr. Fanshaw and Mr. Offeley to come to Westminster with Propositions from the King The General acquainted the Parliament with these Letters but because they did not acknowledge the Parliament they would not read them but referred them to the Committee of both Kingdoms Sir William Constable in Yorkshire routed three Regiments of Newcastle's Horse took three hundred of them
and shall be ready to give our faithfull advice in what shall be required of us Wh. Your Excellence I am assured is fully satisfied of our affections and duty to your Self and to that cause in which we are all engaged and my Lords the Commissioners of Scotland will likewise I hope entertain no ill thoughts of us L. Gen. My Lord Chancellour of Scotland and the rest of the Commissioners of that Kingdom desired that you two by name might be consulted with upon this occasion and I shall desire my Lord Chancellour who is a much better Oratour than I am to acquaint you what the business is L. Chancellour Mr. Maynard and Mr. Whitelocke I can assure you of the great opinion both my brethren and my self have of your worth and abilities else we should not have desired this meeting with you and since it is his Excellencie's pleasure that I should acquaint you with the matter upon whilke your counsel is desired I shall obey his commands and briefly recite the business to you You ken vary wee le that General Lieutenant Cromwel is no friend of ours and since the advance of our Army into England he hath used all underhand and cunning means to take off from our honour and merit of this Kingdom an evil requital of all our hazards and services but so it is and we are nevertheless fully satisfied of the affections and gratitude of the gude people of this Nation in the general It is thought requisite for us and for the carrying on of the cause of the tway Kingdoms that this obstacle or remora may be removed out of the way whom we foresee will otherwise be no small impediment to us and the gude design we have undertaken He not onely is no friend to us and to the Government of our Church but he is also no well willer to his Excellence whom you and we all have cause to love and honour and if he be permitted to go on in his ways it may I fear indanger the whole business therefore we are to advise of some course to be taken for prevention of that mischief You ken vary wee le the accord 'twixt the twa Kingdoms and the union by the Solemn League and Covenant and if any be an Incendiary between the twa Nations how is he to be proceeded against now the matter is wherein we desire your opinions what you tak the meaning of this word Incendiary to be and whether Lieutenant General Cromwel be not sike an Incendiary as is meant thereby and whilke way wud be best to tak to proceed against him if he be proved to be sike an Incendiary and that will clepe his wings from soaring to the prejudice of our Cause Now you may ken that by our Law in Scotland we clepe him an Incendiary whay kindleth coals of contention and raiseth differences in the State to the publick dammage and he is tanquam publicus hostis patriae whether your Law be the same or not you ken best who are mickle learned therein and therefore with the favour of his Excellence we desire your judgments in these points L. Gen. My Lord Chancellour hath opened the business fully to you and we all desire your opinions therein Wh. I see none of this honourable Company is pleased to discourse further on these points perhaps expecting something to be said by us and therefore not to detain you longer I shall with submission to your Excellence and to these honourable Commissioners of Scotland declare humbly and freely my opinion upon those particulars which have been so clearly proposed and opened by my Lord Chancellour The sense of the word Incendiary is the same with us as his Lordship hath expressed to be by the Law of Scotland one that raiseth the fire of contention in a State that kindles the burning hot flames of contention and so it is taken in the accord of the two Kingdoms Whether Lieutenant General Cromwel be such an Incendiary between these two Kingdoms as is meant by this word cannot be known but by proofs of his particular words or actions tending to the kindling of this fire of contention betwixt the two Nations and raising of differences between us If it do not appear by proofs that he hath done this then he is not an Incendiary but if it can be made out by proofs that he hath done this then he is an Incendiary and to be proceeded against for it by the Parliament upon his being there accused for those things This I take for a ground that my Lord General and my Lords the Commissioners of Scotland being persons of so great honour and authority as you are must not appear in any business especially of an Accusation but such as you shall see before-band will be clearly made out and be brought to the effect intended Otherwise for such persons as you are to begin a business of this weight and not to have it so prepared before-hand as to be certain to carry it but to put it to a doubtfull trial in case it should not succeed as you expect but that you should be foiled in it it would reflect upon your great honour and wisedom Next as to the person of him who is to be accused as an Incendiary it will be fit in my humble opinion to consider his present condition and parts and interest wherein Mr. Maynard and my self by our constant attendance in the House of Commons are the more capable to give an account to your Lordships and for his interest in the Army some honourable persons here present his Excellencie's Officers are best able to inform your Lordships I take Lieutenant General Cromwel to be a Gentle-man of quick and subtle parts and one who hath especially of late gained no small interest in the House of Commons nor is he wanting of Friends in the House of Peers nor of Abilities in himself to manage his own part or defence to the best advantage If this be so my Lords it will be the more requisite to be well prepared against him before he be brought upon the Stage lest the issue of the business be not answerable to your expectations I have not yet heard any particulars mentioned by his Excellence nor by my Lord Chancellour or any other nor do I know any in my private observations which will amount to a clear proof of such matters as will satisfy the House of Commons in the case of Lieutenant General Cromwel and according to our Law and the course of proceedings in our Parliament that he is an Incendiary and to be punished accordingly However I apprehend it to be doubtfull and therefore cannot advise that at this time he should be accused for an Incendiary but rather that direction may be given to collect such particular passages relating to him by which your Lordships may judge whether they will amount to prove him an Incendiary or not And this being done that we may again wait on your Excellence if you please and
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
viewed and considered each others powers and instructions exceptions were taken on both sides to the meaning of some clauses in their Instructions Both Houses explained their meaning in those clauses excepted against and the King's Commissioners sent to Oxford for satisfaction to that which was excepted against by the Commissioners of both Kingdomes They agreed to give in to each other papers in in writing of their particular Proposals and then as there should be occasion to have verbal debates upon any of those particulars and accordingly the Parliaments Commissioners delivered in Papers to the King's Commissioners of four particulars concerning Religion first to be treated on The Directory for Worship The taking away the Book of Common Prayer The Confirming of the Assembly of Divines And for the King to take the Covenant of both Kingdomes Feb. 1644. 1. Before the Commissioners on either part for the Treaty insisted on any debate upon particulars several resolutions were made by consent of both sides to this effect That all overtures of the Treaty should be set down in writing That whatsoever should be agreed to on both sides upon any one or more of the Propositions should be null and of no force in case the Treaty break off upon any of the Propositions The Parliaments Commissioners delivered to the King's Commissioners in writing the Propositions and Votes of both Houses concerning the setling of Religion in a Presbyterial way which were appointed for the debate of the three first days of the Treaty Unto these the King's Commissioners did make some Quaeries as 1. What was meant by the Presbyterial Government propounded to be Established 2. What was meant by Classes 3. What was meant by Provincial and Synodical Assemblies 4. What by the bounds of Parishes with other questions depending upon these Upon the entrance into the debate of the points Doctor Steward spake very learnedly though seeming frowardly against Presbyterial Government in the Church of England which had so long been under Episcopacy which he thought most suitable to our Church and to be jure divino Mr. Henderson and Mr. Marshall answered the Doctor commending the Presbyterian way of Government and that Episcopacy was not so suitable to the word of God as Presbytery which they argued to be jure Divino To which the Marquess Hartford spake to this effect My Lords Here is much said concerning Church Government in the General the Reverend Doctors on the King's part affirm that Episcopacy is Jure Divino the Reverend Ministers of the other part do affirm that Presbytery is Jure Divino for my part I think that neither the one nor the other nor any Government whatsoever is Jure Divino and I desire we may leave this Argument and proceed to debate upon the particular Proposals The Earl of Pembroke was of the same judgment and many of the Commissioners besides these two Lords were willing to pass over this point and to come to the particulars Dr. Steward thought the disputes to be too various and general and desired that they might dispute Syllogistically as became Schollars and was the best way to find out the Truth Mr. Henderson told them that he in his younger days had been a pedagogue and had also read Logick and Rhetorick to his Schollars and had wholy of late declined that kind of Learning but hoped he had not forgot all of it and therefore agreed to dispute Syllogistically In that way they proceeded upon the points urged by the King's Doctors which were very clearly and learnedly opened by Mr. Vines Mr. Marshal and Mr. Henderson and very learnedly replyed unto by all the King's Doctors who did severally declare their judgments upon those points but the Arguments on both parts were too large to admit a place in this story for them The King's Commissioners complained of a Sermon preached by Mr. Love at Vxbridge the morning before they entred upon the Treaty wherein they said were many expressions in derogation of His Majesty and the present Treaty the Parliament having notice thereof from their Commissioners sent for Love and referred the business to an examination The Commons passed an Ordinance for Tunnage and Poundage 2. Mr. Marshall preached this Sunday to the Parliaments Commissioners 3. The Commons denyed an exchange for Colonel Smith once a Member of theirs because he being a Prisoner of War escaped and was retaken and because they were informed that he said the onely way to make the King's Forces successful was to kill all the Ploughmen they met with that the people might be deterred from ploughing their grounds and so to starve the Roundheads Letters from Major Purefoy Governour of Compton-house informed that about 1200 of the King's Forces about two a Clock at night fell upon him and stormed his outworks and cut down the great drawbridge possest themselves of all Purefoy's Trouphorses and took about 30 of his foot Souldiers in their beds they taking the alarm made good a new Sconce and beat the Enemy out of the Court where about 200 of them were entred and ready to storm the Sconce They were forced to retreat and by a party of the Garrison of about 40 and fought at push of Pike and Swords point till Sir William and Sir Charles Compton gave ground which Purefoy's Souldiers perceiving leaped out at the Windows and recovered the outworks and the draw-bridge and drew it up again and so got them in a pound The Comptons Valiantly sought to storm again the outworks three times and were as Valiantly beaten back after three hours fight they set on fire the hay straw and combustible stuff which much annoyed Purefoy's men and they threw above 100 hand Granadoes which set fire on the House in several places Then the Comptons sent a Trumpet to parley but Purefoy forbad him speaking to the Souldiers and sent him away The fight continued and the fire increased Purefoy drew all his men together and fell upon the Enemy and killed and took many of them upon which the Comptons drew off their foot and faced the house with their horse and sent another Trumpet to parley who was answered onely with the shot of a Musket Of Compton's men about 20 Officers were killed and taken 6 Cart loads of wounded men carried off and about 40 Common Souldiers left dead behind and many more taken Prisoners and great store of Arms and Purefoy writes that he had but two men wounded Northampton horse the next night fell upon the same party of the King 's near Banbury and took 60 horse and 30 prisoners The King's Commissioners having received answers to all their Quaeries touching Presbyterian Government it was desired by the Parliaments Commissioners that they would declare their resolutions therein Positively or Negatively but answer was returned that they could not untill they had made a further progress in the other Propositions Thereupon the Parliaments Commissioners delivered in to them several Papers to treat on the business of
into them were to settle the Militia of both Kingdoms This Answer of the King's Commissioners to the great Point of the Militia gave much dissatisfaction to the Parliaments Commissioners And the Earl of Northumberland Mr. Pierpoint Mr. Hollis and Mr. Whitelocke with others of them advising in private about it endeavoured by particular applications to their friends of the King's Commissioners to get a better Answer and more complying with the Parliament from them But it could not be obtained and they hinted to them that they were bound up by their Instructions from the King that they could go no further Yet they promised to send to Oxford to see if they could prevail there for a further concession from his Majesty in this particular But nothing came of it They sent the Papers on both parts in every dispatch to the Parliament and when these of the Militia were read the House of Commons seemed much troubled at them some were pleased who were no great Wishers of Peace and others doubted thereupon of any good success in the present Treaty 7. The Lord Mayor and Aldermen of London sent a Letter to the Speaker intimating the scarcity of Flesh-meats by the destruction of Cattel in the time of these Wars and the good by encouraging the Fishing and submitted the whole not as to the keeping of Lent but to prevent Dearth to the judgment of the houses Who ordered an Ordinance to be brought in for this business After a Debate from Morning till the Evening upon the alterations made by the Lords in the Ordinance of the new Model the Commons voted That Sir Thomas Fairfax should nominate all the Commanders in his Army to be taken out of any the other Armies and to receive the approbation of both Houses The Scots Commissioners at Vxbridge were much unsatisfied that no Answer was given touching the settlement of the Militia in Scotland and took it as an high neglect of that Kingdom They and the Parliaments Commissioners gave in some Papers to the King's Commissioners touching the Propositions for Ireland A Letter was past to be sent to the Parliament of Scotland concerning the Scots present advance Southwards 8. The Commons state from Eight a Clock in the Morning till Eight a Clock at Night upon the Alterations made by the Lords in the Ordinance for the new Model And agreed to most of them and ordered Reasons to be drawn up to satisfie the Lords in those wherein they differed They voted that all Officers in the new Army that shall be approved by both houses shall take the Covenant within twenty days and the Souldiers in a time to be set for it The rest of the Papers upon the Propositions for Ireland were delivered in to the King's Commissioners for the Treaty 9. The Lords-day one of the Ministers with the Commissioners preached very seasonably for the Occasion in the Morning and another in the Afternoon Some Visits past between some of the Commissioners on both parts and indeavours to perswade one another to nearer terms of agreement but to little effect 10. Some Debate touching the Point of Excommunication The Lords concurred with the Commons in a Letter to the Parliament of Scotland for the March of their Army Southwards and the place of their Rendezvous was referred to the Committee of both Kingdoms for the more secrecy thereof They also agreed in Approbation of the Opinion of Judge Bacon in over-ruling the Plea of Macquire in the point of Peerage who was this day at his Tryal in the King's Bench and excepted against twenty three of the twenty four returned of the Jury The Commons past the Bill for taking away Episcopacy in Ireland as in England and sent it up to the Lords for their Concurrence They nominated several High Sheriffs 11. Orders for Money and Supplies for the Navy The Reasons of the Commons for their differing from some Alterations made by the Lords in the Ordinance of the new Model where delivered to the Lords A Petition of Merchants trading into France whose Goods were seized there and Letters of Marque granted against all that adhered to the Parliament was referred to the Committee of both Kingdoms and to draw up a Letter to be sent to the King of France for redress therein Propositions touching Navigation sent from the Lords The Commons had information of a great Design in Bucks to dissolve the Treaty at Vxbridge to be effected by a Petition framed for them and great endeavours to get hands to it in Bucks The Petition was directed to the Commissioners of both sides at Vxbridge and 5000 Inhabitants were designed to come with it The Commons had a Copy of the Petition the Effect whereof was That Religion might be established as in the purest times of Queen Elizabeth c. Sir John Lawrence was informed to be the active Promoter of this Petition and was therefore sent for in Custody to the Parliament The Directory for Worship was much approved by the Assembly in Scotland General Leven went towards Carlisle to assist in the Siege there Macquire upon his Tryal in the King's Bench was found Guilty and had Judgment of High Treason pronounced against him to be hanged drawn and quartered He desired to be beheaded and to have his Execution respited till he might speak with Sir Bazill Brooke and Mr. Walter Mountague The Judge said he would acquaint the Parliament therewith and observe their directions The King's Commissioners at Vxbridge gave in their Answer to the Proposition concerning Ireland and therein justified the King in making a cessation with the Rebels there and that he is in honour bound to maintain it And they would by no means yield to that part of the Proposition To prosecute the War against the Irish Rebels The Commissioners entred upon a second Debate concerning Religion the King's Doctors highly insisted for Episcopacy 12. Orders for new Sheriffs and for Monies for the Army and the Lords were desired to expedite the Ordinance for the Model News came that Goring's Horse and a party of Foot from Portland by a sudden assault took the Works at Weymouth and the Town was in great danger to be lost if not suddenly relieved Orders were thereupon sent to Sir William Waller to march immediately for relief of Weymouth The House was in a Grand Committee to consider of the business of the Navy and of the Customs An Ordinance past for raising of Monies for the Scots Army to march Southwards 13. Letters from Sir William Waller intimated Disobedience in some of the Souldiers to march into the West and desired further power The House referred it to the Committee of both Kingdoms to give such power accordingly Such was the inconstancy of the Souldiers and the incertainty of the Affairs of the Parliament and of War Those who had been so well paid by the Parliament now dispute their Commands occasioned by the unsettledness of the Parliaments business
and the Discontents among the Souldiery because their General Essex was laid aside And here began their first unruliness Treasurers of Counties ordered to pay no Monies to Commanders who lay down their Commissions without further order Letters from Major Bridges Governour of Warwick informed that he sent two of the three Companies of his Garrison by small parties into the Country as to gather Contribution but commanded the Officers not to return without further Orders from him To these he got an addition of eighty foot and seventy horse with these he marched all Night and the next Morning by Day-break began to storm Stoke-house which the King's Forces were then fortifying and stood between two other of their Garrisons the House was strong and stoutly defended for an hour and an half and then Bridges entred it by force without the loss of one man though they were without shelter and the bullets and stones flew thick about them The King's Garrison at Campden and Evesham drew out to relieve their friends but Bridges had done his work took away his Prisoners and fired the house being a Fort onely of Papists The Prisoners were 5 Papist Captains and about 30 more Officers and Gentlement all Papists besides the Common Souldiers The Commons delivered their reasons 〈◊〉 the Lords why they could not agree that those Commanders who refused the Covenant should be made uncapable of ever serving the Parliament because that scruple of Conscience might in time be removed and they be persuaded to take the Covenant to the rest they agreed At the same conference they offered Letters that came from the Army from persons of credit of the great complaints against some Commanders of Horse and of the mutinous and disobedient carriage of the Souldiers refusing to march to relieve Weymouth being in great distress and that at the Muster no men appeared so full and well armed and civil as Colonel Cromwel's horse The Lords then shewed other Letters of the mutinous carriage of the Soldiers all which were referred to the Committee of both Kingdomes to be examined Letters from Sir Will Waller informed that he was resolved to march to relieve Weymouth with those that will follow him the rest to be looked upon according to their demerit The Committee reported several murthers rapes and other cruelties committed by some of the Parliaments Souldiers particularly some servants slain or wounded desperately of Mr. Hobyes a Member of the House and he called by them a Parliament dog Some of the Officers grew unsufferably dissolute and insolent and their Souldiers followed the example of their Commanders so that it was found high time to make a reformation among them The Ordinance was debated for restraining the killing of flesh The French Letters were stayed because of sending the Parliaments Letters to the King of France to take off the seisure there of some of the English Merchants goods Goods of some Tradesmen of London sold to the Enemy were restored because they were not for hostility and the same men Traded to Alesbury Captain Stone under Sir Will. Brereton marched with a small party against Pattshall house a Popish Garrison strongly fortified and moated and taking the opportunity of the drawbridg being let down he suddenly forced his passage surprized the Centries and fell in among the Garrison fought with them in the house killed many and took with divers Gentlemen of Quality two Jesuits and about 60 Souldiers prisoners and possessed the House Arms Ammunition and good prize The first three days of the Treaty were spent upon the Popositions touching Religion the three next days about the Militia the third three days about Ireland then they began again with other three days about Religion whereof this was the last In this time of the Treaty the King's Commissioners would not agree to the taking away of Bishops only they offered some limitation of their power The Directory for Worship settled by Parliament they would not agree unto and the National Covenant they in express and positive terms denied Doctor Steward and Dr. Shelden again argued very positively That the Government by Bishops was Jure divino Mr. Hinderson and Mr. Vines argued as positively but more modestly to the contrary and that the Government of the Church by Presbyteries was Jure divino 15. The Lords assented to the leaving out the Clause in the Ordinance for the new Model to make them uncapable who refused the Covenant but that they should be displaced from their Commands till they did take it to which the Commons to avoid more delay agreed and so the Ordinance passed Sir William Brereton sent out a party and beat the Enemy from Holt-bridge and placed a Garrison there He continues the Siege at Beeston Castle and Chester and himself took the Field with the additional Forces of Warwickshire and other Counties to attend the motions of Prince Maurice 16. The Lords-day the Parliaments Commissioners had two good Sermons in their own Lodgings 17. The French Resident wrote a Letter to the House of Commons as by direction from his Master the French King advising the Parliament to prorogue the Treaty at Uxbridge for some longer time as that which in his opinion would conduce much to the good of the Kingdom and was of great concernment and that it was the custom of other Princes to prorogue Treaties and so it was then at the Treaty of Munster There was nothing done upon this Letter The Commissioners at Vxbridge were entred upon the Propositions concerning the Militia secunda vice and upon consultation of the Commissioners of both Kingdoms they held it requisite to send one of their own number up to the Parliament to give them a full account of all their proceedings hitherto and to desire some further Instructions from them and particularly touching the Militia Whitelocke was sent by them upon this Service and accordingly he gave an account to them where-with they declared themselves to be well satisfied and approved the proceedings of the Commissioners They likewise voted That the Commissioners at Uxbridge should treat three days more than the twenty daies first allotted in lieu of the three Lords-days that happened in that time so that the Treaty is to continue till the two and twentieth of Febr. and that they shall have power to treat on any of the three Propositions appointed to be treated on The Marquess of Argyle sent into the Army of the Earl of Montross some Scouts and Spies who at first dealt faithfully with him but afterwards betrayed him and sent him Intelligence that the Army of Montross with the Irish Rebels come over into Scotland were remote from him whereas they were near to his Forces Argyle though late having discovered this and the Enemies coming upon him and finding his Officers and Souldiers full of mettle resolved to fight them but in the Battel some of his men those of Rentire revolted from him and
turned their Musquets against their fellows This so discouraged Argyle's men that they gave back and retreated which Montross perceiving fell on with great resolution upon them routed the whole body of Argyle's men killed divers and took many of them Prisioners A party of about 150 of the King 's from Skipton beat up Colonel Brandling's quarters at Heightley surprized the Guards came into the Town and took near a hundred prisoners 60 horse and other booty As they returned Colonel Lambert's men fell upon them rescued their friends and the booty took Captain Hugh's who commanded the King's party killed his Lieutenant and about 15 of his men and took about 20 of them prisoners pursuing the rest to Skipton Samon one of Lambert's Captains and about eight of his Souldiers were killed Sir John Meldrum got the Power of the Harbour at Scarborough and appointed to storm the Town 18. Orders about the Navy and new Commissioners of the Customs A Letter from Prince Rupert to the Lord General for release of some persons imprisoned contrary to Articles was referred to the Committee of both Kingdoms to have right done Sir Thomas Fairfax came privately to Town and a Committee was appointed to consider of raising Moneys and Recruits for his speedy taking of the Field About 700 of the mutinous Troops being come near London care was taken to prevent Surrey Kent and the adjacent Counties from any inconveniences by them Tobias Basely formerly a Porter condemned by the Council of War for a Spy and betraying Carriers was hanged in Smithfield Prince Griffith petitioned that since he was in custody he was poysoned and had but a few days to live Whereupon two Doctors were approved by the House to visit him 19. Four Members of the Commons House were sent by them for Sir Thomas Fairfax to bring him to the House where a Chair was set for him but he modestly refused to sit down The Speaker told him somewhat of Agamemnon and of the old Romans which I have forgotten then he informed him of the trust the Kingdom reposed in him in the Command of the Army and the good opinion they had of him for his valour and fidelity giving him thanks in the name of the House for the many and great services he had done for the publick and in the defence of Religion Laws and Liberty and incouraged him to go on as he had begun The Ordinance for Tunnage and Poundage sent up to the Lords and another touching the Excise Weymouth held out and received some relief by Sea from Poole Sir William Waller was upon his march to them The House received Letters from their Commissioners at Vxbridge with several Papers concerning the Militia and the Reply made by the King's Commissioners who took advantage the last point of time to deliver in their Reply when it might be conceived no Answer could be made to it by the Parliaments Commissioners But they being impowred by their additional Instructions to reassume the business of the Militia when they pleased the Parliament voted that their Commissioners shall have power to treat with the King's Commissioners about passing a Bill for settling the Militia in the power of the Parliament until such time as the three Kingdoms shall be reduced to peace and so declared by Parliament and three years after or else for seven years from the time of the granting the Militia and after that his Majesty to take the advice of both Houses of Parliament for the settling thereof And the Commissioners of both Kingdoms delivered in a Paper accordingly The Earl of Southampton and some others of the King's Commissioners went from Vxbridge to Oxford to the King about the business of the Treaty to receive some further directions from his Majesty therein The Doctors reported Griffith to be in no danger 20. The Ordinance for Tunnage and Poundage with the Clause for Currants passed both Houses Orders for setting forth the Fleet. Letters from Holland to the Parliament advise that Brown Bushel was at Sea with a small Fleet intended for Piracy Information of a Design to cause the Souldiers to mutiny was referred to be examined An Ordinance passed for raising of 21000 l. for the Scots Army to be repaid out of Sequestrations The Committee at Goldsmiths-hall had 30000 l. ready to be sent to the Scots Army upon their advance Southwards The King's Forces intending to keep a Guard near Harrington Brown sent out a party of Horse from Abington who suddenly fell upon them surprized the whole Guard being about nineteen and brought them prisoners to Abington After that he sent out another party who intercepted and brought away 27 horse-loads of Corn Cheese and other Provisions going towards Oxford Major Purefoy fell upon the Enemy near Oxford tooâ— a Lieutenant and other Officers 12 Troupers and Arms. The Lord Macquire was executed at Tyburn he refused to make any Confession but died desperately 21. The Parliament sent an Express to their Commissioners atVxbridge with their Vote to propound a Limitation of the Militia for three years after the three Kingdoms are declared by the King and Parliament to be settled in peace or to have it settled in the Parliament for seven years after the time the King is willing to settle it To this effect they delivered in a Paper to the King's Commissioners and endeavoured to perswade their Compliance and were full of hopes that they would have consented to it Several Ordinances passed for 20000 l. supplied by the Commissioners of Excise and an Ordinance for all Souldiers to repair to their Colours within 48 hours and an Ordinance was sent up to the Lords for the new Commissioners of the Customs Orders for the Commissioners of the Navy and for the Prince Elector 22. The Commissioners at Vxbridge sent a Letter to the Parliament with all the Papers containing the three Treaties of the three last days about Ireland wherein the Kings Commissioners did not think fit to yield to any of the Propositions but again justified the Cessation with his Majestie 's Catholick Subjects there The Parliaments Commissioners in their Reply laid home the innocent blood shed by the Irish Rebels Letters from Sir John Meldrum informed that Feb. 18. about ten a Clock the Town of Scarborough was stormed in four places by the English and Scotish Souldiers who gained the Town and Church with the loss of eleven men in the Church they took 80 Souldiers and the Governour of Hemsley Castle Cholmley perceiving the Town like to be lost fled into the Castle and was pursued and one of the Works taken but the White Tower in the Castle commanding it they beat out Meldrum's men with stones Cholmley laboured to escape by Sea in a little Pinnace he had there which he called his Running Horse but Meldrum got Boats between him and the Pinnace and forced him back again into the Caâ—tie Sir Hugh Cholmley had five Dunkirk Vessels lying in
carry away any thing that is properly belonging to any of them 18. That all Ladies Gentlewomen and other Women now in Oxford whose Husbands or Friends are absent from thence may have Passes and Protections for themselves Servants and Goods to go to and remain at the Houses of their Husbands or at their Friends as they shall desire and to go or send to London or elsewhere to obtain the Allowances out of their Husbands or Parents Estates allotted them by Ordinance of Parliament 19. That such of his Majesties Houshold Servants who shall desire to go to his Majesty may have free Liberty and Passes to go accordingly at any time within one Month next after the Rendring of the Garrison And that his Majesties Houshold stuff and other his peculiar Goods which are now in Oxford may be carried to his Majesties House at Hampton Court and his Servants under whose charge or custody any of them are shall be allowed and assisted in the procuring of Carts Boats and Carriages for the removal of them thither and there to remain till his Majesty shall otherwise dispose of them and then to be sent or disposed accordingly And that such of his Majesties Servants who are not able for the present to go unto him shall have Liberty Passes and Protections to go to and remain at his Majesties said house at Hampton Court and have liberty to attend the Committee for his Majesties Revenues to procure a competent allowance out of his Majesties Revenue for their subsistence untill his Majesty shall otherwise provide for or dispose of them 20. That all Clergy-men now in Oxford who shall not upon Composition or otherwise be restored to their Church-Livings shall have Liberty to go to London to obtain some fitting allowance for the livelihood of themselves and their Families 21. That it is intended declared and agreed That all persons comprised within these Articles shall peaceably and quietly enjoy all their Goods Debts and Moveables allowed by these Articles during the space of six Months after Rendring the Garrison and that they shall be free from all Oaths Engagements and Molestations except an Engagement by promise not to bear Arms against the Parliament nor wilfully do any Act prejudicial to their Affairs so long as they remain in their Quarters and that they shall have liberty within the space of six Months in case they should be resolved to go beyond Seas to dispose of their Goods Debts and Moveables allowed by these Articles and depart the Kingdom if they shall think fit and to have Passes for their Transportation or otherwise to stay in the Kingdom 22. That if any of these Articles shall in any point be broken or violated by any Person or Persons in Oxford or comprised within this Capitulation the fault and punishment shall be upon him or them only who made the breach or violation and shall not be imputed to or charged upon any other not assenting thereunto or not an actor in it 23. That the Duke of Richmond the Earl of Lindsey and their Servants that came forth with them shall enjoy the benefit of these Articles in whatsoever may concern them 24. That the Garrison of Farringdon shall be Rendred to his Excellency Sir Thomas Fairfax and the Governor Gentlemen Soldiers and all other of what quality soever within those Garrisons shall enjoy the benefit of these Articles in every particular which may concern them they rendring the Garrison accordingly as Oxford 25. That all persons comprised in these Articles shall upon request have a Certificate under the hand of his Excellency Sir Thomas Fairfax or the future Governor of the City That such Persons were in the City at the time of the Surrender thereof and are to have the benefit of these Articles 26. That the General Sir Thomas Fairfax shall give a Pass to one or two Messengers with their Servants to go unto the King to give him an Account of the proceedings upon this Treaty and conclusion thereof and to return and receive the benefit of these Articles Dated at Water-Eaton June 20 1646. 22. The Propositions for Peace agreed upon and the City of London to have power of their own Militia they were ordered to be communicated to the Scots Commissioners here and upon their concurrence to be sent to his Majesty Mr. Dell the Generals Chaplain brought Letters and the Articles of Oxford to the Parliament Orders for Money for the Scots and about Mr. Charles Howards Composition Col. Birch Besieged Goodrich Castle 23. The Articles of Oxford approved and fifty pound gratuity to Mr. Dell and thirty pound to the Messenger Order for the Duke of York to be brought to St. Jame's and provided for in an honourable way Sir William Brereton being come into the House the Speaker by order gave him thanks for his good Services particularly for that of Chester 24. The Monthly Fast after the Sermons divers new Elected Members took the Covenant 25. Some Masters of Hospitals appointed Beumaris Town and Castle surrendred to Major General Mitton and he was voted to be Governor there Orders for Money and for a Ship at Anglesey The Marquess of Argyle and Scots Commissioners presented some papers to the Houses one was That the Quarters of their Army in the North might be inlarged and Money provided for them and other supplys as for the other Forces That Ships may be sent to prevent the landing of the Irish Rebels in Scotland That the Parliament here would send Commissioners to joyn with the Commissioners of Estates of Scotland at Newcastle to testifie the endeavours of the Scots and to assist them in perswading his Majesty to a good Peace and to have power to treat and settle the accounts between the two Kingdoms that all Forces may be disbanded and the fruits of Peace enjoyed by both Nations Another Letter was read being from the King to the Marquess of Ormond in Ireland to discharge all further Treaty with the Irish Rebels Letters informed that the Lord â—roghill had taken in the Garrison of Blaney in Ireland and given the Rebels some other small defeats Oxford was surrendred to Sir Tho. Fairfax no affront nor injury offered by any of his Soldiers to those of the Garrison when they marched forth but all the Articles punctually observed divers Irish men and Irish Women went out with them the Garrison were in all about seven Thousand men After the Governor was marched forth the Keys of the City were presented to the General who ordered three Foot Regiments to march into the Town and between them and the Citizens was courteous language and not a reproachful or uncivil word by any of the Army to them nor the least disorder They left in the City about thirty pieces of Ordnance but little provision for Man or Horse but after the Parliament Forces had entred the City the Countrey people thereabouts brought in store of Provisions The Duke of York
of his Parliaments that all differences might be composed and all Armies disbanded To which the King answered That he came to the Scots Army with intent to settle Peace and to satisfie the just desires of his good Subjects and to comply with his Parliament in all things for the good of Religion and the Happiness of his Subjects and when Peace shall be setled he will find out some honourable means for imployment of so many gallant men as are in this Army 6. Malignant Ministers to be disabled from any Livings of the Church Instructions passed for the Commissioners to go to the King with the propositions for Peace they were to demand his Majesties positive Answer to them which if not given within ten days they were to return to the Parliament Commissioners for the House of Lords were the Earls of Pembroke and Suffolke for the House of Commons Sir Jo. Danvers Sir Jo. Hippesley Mr. Robinson and Sir Walter Earle Letters from the Deputy Major of New-Castle that he had hindred Delinquents from coming to his Majesty His action was approved and order for a Declaration to give power to the Northern Committees to hinder Delinquents from coming to his Majesty Debate touching slighting of Inland Garrisons and referred to the respective Committees to do it in the North and West Vote against the Scots renewed That this Kingdom had no more need of the Scots Army and that the Scots Commissioners should be desired to take order that their Army might be withdrawn out of this Kingdom which is no longer able to bear them The Lords desired a Committee of both Houses might be appointed to reform Cambridge University and to slight that Garrison 7. Sir John Danvers desired to be excused and Mr. Robert Goodwin was named in his stead one of the Commissioners to go with the Propositions to his Majesty Captain Johnson that brought up the last Message from the King had twenty pound Divers Ordinances past for Compositions Petitions about Tyn and about the Fens Divers Ministers from the Assembly in Scotland came to the King with a Petition to him to take the Covenant but would preach to him before it were delivered Sir Peter Killegrew went to the King with the Letter of both Houses touching Ireland 8. Order for stating the Accounts of Sir Will. Brereton as Major General The Committee of Examinations dissolved not having done well Order for five thousand pound for the Forces before Litchfield and that Sir Will. Brereton should go down to that Siege Orders for relief of Ireland Reports of Compositions and Orders Worcester demanded higher Articles than Oxford had Wallingford was upon Treaty but the Governor Col. Blagge sent an high and proud Letter to the General Blagge desired a Cessation and the General agreed to it to prevent the burning of the Town which Col. Blagge intended and the Commissioners met on both parts about it The Cessation from all acts of Hostility was agreed for four days 9. Order to discharge the attendants of the Duke of York when he should come to St. Jameses and six hundred pound to buy a Coach and Apparel for him Mr. Marshall ordered to go with the Commissioners that carried the Propositions Money for the Scots Officers Intelligence that the Prince was come into France to his Mother and that the Lord Digby was gone for Ireland and that the Earl of Glamorgan was in the head of an Army there Monsieur Bellieure the French Ambassador to the Parliament landed Prince Rupert and Prince Maurice took Shipping Major General Massey took his place in the House The Treaty for Worcester broke off 10. Ordinance committed for Sale of Delinquents Estates another past for Irish and Papists to go out of London Order for all that came in upon the Articles of Oxford and Exeter to ingage before the Committees to act nothing prejudicial to the Parliament Ordinance past for Mr. Woodcocke to be Parson of St. Olave Southwarke another for redemption of Captives Letters from the general Assembly of the Kirke of Scotland after complements earnestly desire the Parliament of England timeously to settle Church-Government according to the Covenant with expressions against those who hinder Uniformity they resolve to observe the Covenant Another Letter from them to the Assembly of Divines thanking them for their care and pains in the work of Religion that Sectaries ought to be suppressed c. Another to the Lord Mayor and Common Council of London commending them for their Petition to the Parliament about Religion and mentioning those of London in Queen Maries days and the zeal of the Citizens for God commending them for their actions in the present times and for their countenancing the Assembly and the Scots Commissioners and highly incouraged them to go on The French Ambassador was received into London in great State 11. Order for reducement of the Forces of Nottingham and for Money for that work and for the losses and damages of that County Order for a pass for the Earl of Bristol to go beyond Sea according to Exeter Articles Liberty to the Earl of Cleveland upon bail to go into the Countrey for three weeks for his health The propositions for Peace fully passed both houses Money for M. G. Massey's Forces Order for slighting divers Garrisons Lieutenant Col. Lilburn brought to the Barr of the Lords House had his charge read to him but he seemed to slight it and was re-committed 13. The Houses sate not having resolved to adjourn this hot season two days in the week till they had an answer to the propositions but a Committee sate to examine the ingrossment of the propositions and to see them signed by the Speakers and the Scots Commissioners and to declare them to the Commissioners The Propositions were to sign an Act. 1. To take away all Oaths and Proclamations against the Parliament and their Actions 2. To Sign the Covenant and an Act for the general taking of it 3. To pass an Act to abolish Bishops c. 4. To confirm the Assembly 5. That Religion be setled as both Houses should agree 6. Vnity and Vniformity of Religion to be confirmed by an Act. 7. An Act against Jesuits Papists c. 8. An Act for educating Papists Children in the Protestant Religion 9. For Penalties against Papists 10. Against saying of Mass in any place 11. The like for Scotland as they shall think fit 12. For the due observation of the Lords day and against Pluralities non Residents and regulating the Vniversities in the same Act. 13. The Militia to be in the Parliament for twenty Years so for Scotland with power to raise Moneys and use the Militia c. Londons Priviledges as to their Militia confirmed 14. All Honours and Titles since the great Seal was carried from the Parliament to be void and no Peers to be but by consent of both Houses 15. To confirm the Treaty between England and Scotland and conservators of the Peace to be appointed
Limrick in Ireland The Lord Inchequin took Pilborne Castle by Storm and put all in it but eight to the Sword The Governor of Silley Islands for the King sent to Captain Batten to treat for the surrender of them to the Parliament and the Treaty was begun Letters informed the Particulars of the surrender of Pendennis Castle that there was taken great store of Arms and Ammunition ninety five pieces of Cannon two Murderers but little Provision That there marched out of it four Knights eight Colonels many other Officers and Gunners and a thousand Soldiers and two hundred left sick behind Mardike in the Low Countreys was surrended upon Articles to the French September 1646. September 1. An Ordinance for Sir Jo. Heles Composition The Commissioners of the great Seal continued for a Month longer Upon Papers from the Scots Commissioners demanding four hundred thousand pound for their Army after long debate the House agreed to it and to days of payment of it Voted that the Election of Mr. Toll a Member of the House to be Major of Lynne ought not to have been without the consent of the House yet in respect it was for the advantage of that place the House granted the petition of the Town that he might execute the place of Major there and have Power to make a Deputy 2. An Ordinance for punishment of Blasphemies and Heresies committed Order for divers Committees to give account what Moneys they had issued The Scots Commissioners insisted to have two hundred thousand pound upon their advance to Scotland but the House would allow only an hundred thousand pound 3. The Earl of Cleaveland is released he ingaging his Honour to the Lieutenants of the Tower to render himself again if required by the Parliament An Ordinance to make Mr. Hallingham Vicar of South-Wales in Essex Order for Money for Soldiers Wives and Widows upon the Excise An Ordinance to make Mr. Elliston Parson of Sandford in Essex Ordinances past for Compositions 4. Orders concerning new Elections Letters of the Generals gallant entertainment by the Welch and in other places 5. Though a day of Adjournment yet the House sate till seven at night to dispatch the business of the removal of the Scots Army and at length voted to give them two hundred thousand pound at their advance to Scotland if it could be raised and sent a Committee to treat with the Common Council of London for the raising of it 7. Commissioners fram the States of Scotland came to perswade his Majesty to Sign the Propositions The Assembly of the Kirk of Scotland presented a Remonstrance to the Committee of Estates there desiring that Malignants and Incendiaries may not be favoured that all possible means might be used to confirm the union between England and Scotland and to preserve the Reformation of Religion and to bring the Churches in both Kingdoms to the nearest Conjunction and perfect Reformation according to the Covenant They sent another Remonstrance to the King to the same effect to which the King answered That the Assembly had no authority to intermeddle in the affairs of this Kingdom or Church and then justifies his own proceedings Earnest Letters came from Ireland for supplys and recruits 8. The day of publick thanksgiving no intelligence received 9. Sir Jo. Stowell was found guilty of Treason by a Jury of Somersetshire Orders touching Compositions of Delinquents another touching a general day of thanksgiving After the Surrender of Mardike the French designed the taking in of Dunkirke 10. The Common Council of London propounded for security of the two hundred thousand pound to be advanced for the Scots That all who had contributed upon the propositions for Horse Money and Plate may contribute the like Sum upon this proposition for the two hundred thousand pound and be secured both sums out of the Excise and Bishops Lands The House agreed to this and returned thanks to the Common Council only they excepted Advowsons out of the security and added to it the Sale of Delinquents Estates Order for an hundred pound for the Church-Wardens of the Abbey and St. Margarets Church in Westminster to maintain Watchmen to look to the doors of houses infected with the Plague The Lords desired the Concurrence of the Commons for taking away all Countrey Committees and for appointing new Commissioners for the great Seal 11. Mr. Edwards continued Major of Chester by Ordinance for thirteen Months A Menial Servant of Mr. Martin a Member of the House being arrested contrary to the Priviledge of the House was released and the Bayliff that arrested him and knew him to be Mr. Martins Servant was sent for as a Delinquent Ordinance touching the Excise in the Northerne and Westerne Associations not consented to by the Commons Orders for new Elections 12. The Commons sate not but the Lords sate about the two hundred thousand pound for the Scots and agreed to what the Commons had voted except the additional security by sale of Delinquents Estates which the Common Council of London did not insist upon the Committee of the Parliament met with the Committee of Common Council as often as was held requisite for the carrying on of this business and agreeing upon the security to those who should lend Money or double their former Loans according to the propositions for raising of the two hundred thousand pound 14. Letters certified that the Commissioners of the Estates of Scotland had been often with the King and pressed him to consent to the propositions and to take the Covenant That the King questioned their power which they justified as relating to both Kingdoms and were very plain with his Majesty who said he was not satisfied in point of Conscience to subscribe it they moved that some able Divines might be conferred with by him for his satisfaction and that was appointed Letters informed a discontent among the Irish Rebels about the Peace the Popes Nuntio Bishops and Clergy protesting against it because done without their consent and because it gave liberty of Conscience to the Protestants Forces were hastning thither out of England This Evening the noble Earl of Essex dyed at Essex House Orders for twelve hundred pound for the Duke of York and for a constant maintenance for him and for Money for the Northerne Forces A Remonstrance from Cleveland and other Northerne parts of the insupportable burden of the Scots and English Forces upon them referred to the Northerne Committee Order for a new Election Order that the House should accompany the Earl of Essex his Body at his Funeral Order for Money for Masseys Brigade H great Petition of Lancashire debated Upon the news of the death of the Earl of Essex both Houses adjourned to the next day 16. The House sate in a grand Committee to debate the Ordinance touching Blasphemies and Heresies The Lords ordered a Writ to be sent to the new Viscount of Hereford to whom that honour descended by the death of
the several Committees to advance the coming in of the Excise The Assembly presented to the House the last part of the Confession of Faith 4. Petitions of the suffering Gentry of Durham and of Richmond-shire by the insupportable burdens of the Scots Army upon them ordered to be considered Debate upon the Ordinance for the Assesment for Sir Thomas Fairfax his Army and a Proviso to exempt the Northerne Counties from the Tax laid aside and another to exempt Colledge Rents the Ordinance sent up to the Lords Order to state the Accompts of Major General Massey now a Member of the House 5. Order to send down the hundred thousand pound to York for the Scots Army and for Sir Tho. Fairfax to send a Convoy with it An Ordinance sent to the Lords for redemption of the Captives of Algiers Great endeavours were to get hands to a Petition of the City of the former strain and to settle the Presbytery and suppress Sectaries c. contrived by some to raise Divisions 7. Debate about the latter part of the Confession of Faith and five hundred Copys of it ordered to be Printed for the Members of both Houses and that the Assembly do bring in their Marginal Notes to prove every part of it by Scripture and their Answer to the Queries touching the point of jus Divinum A Committee of both Houses appointed to consider of the business of the Petition now in Agitation in the City which may tend much to indanger the Peace of the Parliament and City and to find out some expedient to preserve the Peace Order for the Committee of both Kingdome to conclude the Treaty with the Scots Commissioners about the marching of their Army out of England Order for a new Election Order to send for the Bishop of Worcester Sir William Russel and the Mayor in Custody Order for a thousand pound for Phisitians and Chyrurgions to look to the maimed Soldiers Order to free the Libraries and other things in Oxford useful for Learning from Sequestration Letters from Ireland informed that the Lord Digby told the Nuntio there that he had done ill service to the King and the Nuntio told him thrice he lyed Four thousand pound allotted for Ireland 8. A full Agreement with the Scots Commissioners that when an hundred thousand pound comes to Topcliffe the Scots shall give Hostages to quit all their quarters possessions and Garrisons on the South of Tyne within ten days and then the Hostages to be re-delivered and upon delivery of the other hundred thousand pound on the North of Newcastle the Scots to deliver Hostages to march out of England Berwick Carlisle and the Garrisons in Scotland to be slighted within ten days For the second two hundred thousand pound the Scots are to have the publick Faith and nine hundred pound was allowed to the Tellers of the two hundred thousand pound and sixteen hundred pound for the charge of the carriages of it Vote That all who shall raise Forces against the Parliament or either House hereafter shall dye without Mercy and have their Estates confiscated And in all these Votes the Lords concurred Supplys for the Northern Forces Orders touching Compositions of Delinquents Upon suspition of a Plot to surprize York Major General Pointz drew in his Forces into the City General Leven and Sir James Lumsden Governor of New-castle published a Proclamation that all who had born Arms against either Kingdom should depart the Town and all quarters of the Scots Army within twenty four hours 9. The Fast day After Sermons the House Pass'd the Ordinance for the better observation of the Lords day 10. Debate touching Compositions Petition of Col. Whaley that the Earl of Newcastle unjustly possessed an Estate of three hundred pound per An. of the Colonel's Father and prayed that he might have that Estate upon Sale in lieu of so much of his Arrears which being proved the House ordered accordingly Order that Delinquents Tenants for Life might compound for one years value Letters of the French Ambassador stopped ordered to be re-delivered to him For Col. Purefoy to have fifteen hundred pound of his Arrears and for Sir Walter Earle to have seven hundred and fifty pound Order for new Elections The City Petition formerly mentioned was presented to the Lord Mayor Aldermen and Common-Council the Petitioners had thanks were desired to return home in Peace and the Petition referred to a Committee of the Aldermen and Common-Council 11. Upon debate in the Grand Committee a sub-Committee was appointed to bring in an Ordinance to take away all Coercive power of Committees and another to take away all Arbitrary Power from both or either of the Houses of Parliament or any of their Committees in any matter between Party and Party Upon Recommendation of Sir Thomas Fairfax the House voted Major General Skippon to be Governor of New-castle and Tinmouth and to keep still the Command of Bristol by a Deputy and to command in Chief the Convoy of the two hundred thousand pound Upon extraordinary confluence of Delinquents and Papists to London An Ordinance pass'd both Houses to put them out of London and twenty Miles distant for two Months Upon a Petition of reduced Officers an Ordinance was appointed to be brought in for sale of Delinquents and Papists Estates to pay the Petitioners in such manner as the sale is to be of Bishops Lands Debate about the Answer to the Queries touching jus Divinum and about Mr. Dells Sermon 14. Desires of the Scots Commissioners touching the Payment of the last two hundred thousand pound debated but not granted Letters from Newcastle informed of the continuance of Delinquents in great numbers thereabouts of a Dunkirk ship come to Tinmouth and a Book there Printed in answer to the Assembly of Divines and for Episcopacy That some of the Malignants there were apprehended by the Major That two thousand men were to be shipped from Holland French and English for England under the Duke of Lorraine to be General and Prince Rupert to be Lieutenant General to assist the King That this is procured by the French Ambassador now with his Majesty and that he hindred the surrender of Dublin to the Parliaments Commissioners 15. Sir David Watkins reported upon the Exchange that Sir Jo. Evelyn a Member of the house said that since the Citizens of London intended to come to the Parliament with their Petition in a tumultuous and unlawful manner that he thought fit Sir Thomas Fairfax his Army should be sent for to quell those Mechanick Spirits This testified by Mr. Pennoyer and thereupon Sir David Watkins was sent for to answer this Scandal Referred to the Committee of the North to name six Knights and six Esquires for the House to choose of them three Knights and three Esquires to be Hostages for payment of the Money to the Scots and care taken for sending down the Money Vote for Mr. Bence to be a Commissioner of the Navy Ordinance
midnight about the City Petition and some perhaps were a little awed by the multitudes of Citizens attending at the door of the House They agreed upon a Declaration against all such Persons as take upon them to Preach or expound the Scriptures except they be Ordained And this gave much offence to those of the Independent Judgment January 1646. January 1. Orders for payment of Moneys formerly ordered to the Earl of Stamford and for eight hundred pound to the Commissioners that are to go into the North for their accommodations and their instructions Debate upon the Ordinance against Blasphemies and Heresies Vote for Sir Peter Killegrew to be sent with the Preamble and vote in answer to his Majesties last Letters 2. A Letter from General Leven complying with the Parliaments desires in their Letters to him and order given to have the Jewel ready for him Letters informed an endeavour of the King to escape from New-castle without the Scots privity and a more strict Guard upon him Orders for stay of Sir Peter Killegrew's Journey and for a thousand pound for Mr. Pury out of the Earl of Worcesters Estate and a thousand pound for Mr. Hodges in repair of their losses and for a thousand pound for Sir Robert Pye Jun. out of Sir Edmond Pye's Composition Order for allowances to the Officers of the Court of Wards 4. Upon a Letter from Sir Thomas Fairfax Orders for two thousand pound for Sir Hardress Waller of his Arrears and for two thousand pound for Col. Sidney Order to continue the two Speakers Commissioners of the Great Seal for ten days longer An Ordinance sent up to the Lords for the Government of Chester Instructions and powers agreed for the Lieuetenant of Ireland and a Sword to be born before him and Counsellors of State named for Ireland and they to have five hundred pound per An. apiece till their Estates shall be recovered An Ordinance appointed to settle the same Church-Government in Ireland as in England Vote to name Commissioners of both Houses to receive the King from the Scots and to bring him to Holmeby and the Committee of both Kingdoms to draw instructions for the Commissioners and Letters to be written to General Leven and to the Scots Commissioners at New castle to acquaint them with these Votes and that the Commissioners should speedily come for the King Letters sent from Major General Laugherne and the Committee of Haverford West informed That Mr. Hudson the Kings Guide having escaped out of Prison was by the King imployed upon another design to carry Letters to be delivered to Major General Laugherne to invite him to betray his Trust and to revolt to the King That the Major General sent up the Letters and other Papers to the Parliament and Hudson and Price one of his Agents and the examining them was referred to a Committee The Commons agreed that Mr. Godolphin Governor of Sâ—ylly upon his surrender of that Island and all Forts c. and taking the Covenant and Negative Oath should enjoy his Estate and be free from Arrests for any acts of War 6. Both Houses agreed the Instructions for the Commissioners that go to the Scots Army and to the Declaration in answer to the Kings last Letter and about disposing of his Person and to the Letters to General Leven and to the Scots Commissioners at Newcastle touching this business and Sir Peter Killegrew was to post with them to Newcastle The Earl of Pembroke the Earl of Denbigh the Lord Mountague named by the Lords and by the Commons Sir William Armine Sir Jo. Hollond Sir Walter Earle Sir John Cooke Mr. John Crew and Major General Browne Commissioners to receive the Kings Person and with such Guards as they shall think fit to bring him to Holmeby House Ordinance for Sir Anthony-Ashley-Cooper Sheriff of Wilts to live out of the County Order for Winchester Castle to be dis-garrisoned and delivered to Sir William Waller the owner A Committee named to consider of several debts owing by the Earl of Corke who is gone beyond Sea without perfecting his Composition Letters informed that the Money for the Scots was safe come to Yorke The Parliament Forces after great Storms at Sea Landed in Ireland and had course entertainment there 7. Mr. Sandys reported what places and profits Members of the House had that an Account thereof may be given Order for two thousand five hundred pound for the Commissioners that are to receive the Kings Person and their instructions debated Sir William Ermyn upon his own desire excused and Sir James Harrington Commissioner in his stead and Mr. Marshall and Mr. Carill appointed to go along with them Articles presented to the House against one Harris referred to the Justices of Peace Endeavours were in Countries to get hands to Petitions to second that of London 8. Debate upon the Ordinance against such as Preach or expound the Scriptures not being ordained Upon Petition of the Countess of Peterburgh Order that she should have her Husbands Arrears out of such Delinquents Estates as she should discover 9. Orders for ten thousand pound for the Lord Say for the loss of his place in the Court of Wards Sir Rowland Wandesford to have five thousand pound Sir Ben. Rudyeard six thousand pound and Mr. Bacon to have three hundred pound Reference to the Committee of the Navy about adding four Frigots to the next Summers Fleet. The Commons agreed with the Lords to have Goring House for the Ambassador of France Orders for Petitions to be read in rank as they were presented and for ten thousand Pound for the reduced Officers and a thousand pound to Colonel Waite for Arrears and to Summon Col. King to attend the Committee The Commissioners to name Attendants for the King 11. Major General Skippon sent up intercepted Letters from Hudson the Kings Guide to his Majesty bewailing his unhappiness in failing of success with Major General Laugherne and being again apprehended Order for a Letter to the Governor of Hull to send up Dr. Hudson in safe Custody by Land to the Parliament and reserred the Letters to a Committee Upon a Letter from Sir Tho. Fairfax Order for four thousand pound for the standing Officers of the County of York Approbation of the Convoy sent by Sir T. Fairfax with the Money to the Scots Order for four thousand five hundred pound for Sir Samuel Luke for his Arrears out of Goldsmiths Hall The Town of Cirencester elected Sir Th. Fairfax and Col. Rich for their Burgesses Debate upon the instructions of the Lord L'Isle Lieutenant of Ireland The Scots refused to surrender Belfast to the Parliaments Forces Ireland in great want of Supplys Commissioners came from the Parliament of Scotland to Newcastle to perswade the King to Sign the Propositions 12. Order for Sir Oliver Fleming Master of the Ceremonies to go to the French Ambassador to know whether he hath any thing from his Master the King of France to the Parliament that he may be dispatched
Some of the Kings antient Servants and some others were approved of by the House to go down with the Commissioners to attend his Majesty and power given to the Commissioners to name inferiour Servants Orders for Money for the Commissioners charges for repairing Holmby House for Coaches Horses c. for the King For two thousand pound for Major General Brown in part of his Arrears and referred to a Committee that he be considered as other Major Generals Debate about an Information of a Protection from the King to a Member of the House A Colonel charged the Earl of Northumberland and of Pembroke to have sent Money to the King but upon examination he said he heard it from some of their Servants they denyed it and the Colonel being but a single witness and speaking but by hearsay the Lords acquitted the Earls and left them to their Remedy against the Colonel for the Scandal Mr. Murrey sent for in again upon information that he was Plotting the Kings escape from Newcastle in a Dutch Ship lying there for that purpose 13. A report of the Committee approved for making Sir John Bramston Sir Thomas Beddingfield and Mr. Chute Commissioners of the Great Seal and an Ordinance appointed to be brought in for that purpose An Ordinance committed for regulating the University of Oxford and agreed that no Members of either House shall be Visitors and that the right of the Earl of Denbigh as Chancellor of the University be preserved and that the City of Oxford do choose a Recorder An Ordinance to put Doctor Temple into a Parsonage 14. Compositions of Delinquents pass'd Ordinance sent up to the Lords for the new Commissioners of the Great Seal 15. Debate in a Grand Committee touching the Dissenters from the Presbyterian Government A Minister presented Articles to the Council of War against a Trooper for Preaching and expounding the Scripture and uttering erroneous Opinions The Council adjudged that none of the Articles were against the Law or Articles of War but that only the Trooper called the Parson a Minister of Anti-Christ for which Reproach they ordered the Trooper to make an acknowledgment which he did and was one night imprisoned Great noise was about this in London and about another Troopers Preaching at Buckingham upon which a Tumult was raised by the Cavaliers and suppressed 16. Order for levying the Arrears for the Army Debate about inlarging the Instructions for the Commissioners who were to receive the Kings Person they being gone out of Town An Ordinance sent from the Lords to the Commons for constituting the Commissioners of the Seal the Commons desired the Lords to pass that which they formerly sent up to them Ordinance for the accounts of the Soldiery and an order for fifteen hundred pound for Sir William Fairfax's Lady of her Husbands Arrears 18. Votes for Mr. Hollis Mr. Selden Sir Jo. Elliots Children Mr. Strodes Kindred Mr. Valentine Sir Peter Hammond's children Sir Miles Hobert Mr. Walter Long and Mr. John Hamdens children shall have five thousand pound to each for the sufferings of them or their parents 3 Car. for opposing the illegalities of that time and a thousand pound to Mr. Varsall upon the same account and all sentences formerly against them to be taken off and a Committee to consider how these allowances may be raised and to consider of the Petition of Alderman Chambers Order for two thousand pound for the Soldiers in Portsmouth and Hurst Castle and for viewing the Fortisications there and for six months pay for the Army The General made strict Orders for his Officers and Soldiers to pay their Quarters and that the Countrey may not be burdened and misdemeanors prevented and this by advice of his Council of War Captain Batten kept in the Dutch Ship at Newcastle Sir Tho. Tiddesly and Col. Price being apprehended about endeavouring the Kings escape got away Letters informed that the Scots Commissioners at New-castle could not prevail with the King to take the Covenant and sign the Propositions and that a Scotch Lord told him if he did not they must give him up to the Parliament of England and it would fall heavy upon him and his Posterity That his Majesty is not pleased to come to Holmby house not liking the place Letters informed that the Parliament of Scotland had voted That if his Majesty should have thoughts of coming thither at this time he not having subscribed to the Covenant nor satisfied the Lawful Defires of his Subjects in both Nations they have just cause to fear the consequences of it may be very dangerous both to his Majesty and to these Kingdoms which they desire may be timely prevented and they express their Arguments that if they should receive his Majesty it would be contrary to their Engagements with England and the Treaties 19. Order for ten thousand pound for the Earl of Northumberland out of Compositions in regard of his losses in the North. Orders about the Sale of Bishops Lands Lieutenant Col. Harrisons Accounts referred to a Committee and three hundred pound ordered to Mrs Serle a widow out of Doctor Ducks Estate Order for Money formerly given to Licutenant General Cromwell to be out of the Estates of Papists in Arms. Power given to the Committee of Complaints to imprison 20. Orders for bringing in and maintaining the credit of the Excise Order for the due observation of the Articles of surrender of Portland Sir Peter Killegrew returned with Letters from the King to both houses That he had received their Votes for his coming to Holmby and understood that Commissioners were coming for him and that he shall give them his resolution when they come the like Letters were to the Scots Commissioners Another Letter was from General Leven That according to the Parliaments desires he would take care of his Majesty that he depart not away and will be ready to do all good Offices A third Letter to the Parliament was from the Commissioners of Estates that they had received the Votes and sent them to the Parliament of Scotland Orders to communicate these Letters to the Scots Commissioners and for a hundred pound for Sir Peter Killegrew for his Journey Letters from the Parliaments Agent in Denmarke and an offer from thence of a Treaty for Correspondence betwixt the Kingdoms referred to a Committee Orders for a hundred pound for Mr. Jenkins formerly imployed to Denmark and for a hundred pound to Sir Henry Vane Sen. disbursed by him for the State and for two hundred pound to Mr. Smith for Provisions for Ireland and for the Arrears of the Porter of Portland Castle 21. The Lords differing about the new Commissioners for the Great Seal An Ordinance pass'd to continue the two Speakers Commissioners of the Seal till ten days after the next Term and they were ordered to consider of persons to ride the next Circuit A Committee named to draw instructions for the Judges that shall ride the next Circuits and to
per An. allowance for the Bishop of Armagh and for one thousand and thirty Pounds for Col. Thornehagh who raised a Troop of Horse at his own Charge Another Petition of divers Londoners against those Members who sat during the Force upon the Parliament The Petitioners in the House were told that the Parliament had already setled this business and that it was the duty of every English man to acquiesce in the Judgment of the Parliament An account from Major General Lambert of the ordering of his Forces in the North of the agreement with the Vale-men about Quartering his Soldiers and about suppressing the Moss-Troopers The Lord Chancellor of Scotland and the Lord Lannericke expected in England 6. A Petition to both Houses about sending of able gifted men though not Clergy-men in Orders to preach the Gospel in barren places of the Kingdom and that the like persons were admitted to Preach the Gospel in the beginning of Queen Elizabeth her Reign and that such men may receive incouragement and Protection from the House Referred to a Committee to consider of a way how such Persons so to be sent may be first examined The Ordinance for setling the Presbyterian Government re-committed to have a Clause inserted in favour of â—tender Consciences And this to be sent to the King with the other Propositions 7. The House spent all the day in a grand Committee about Tunnage and Poundage The General Councel of the Army sat at Putney about the business of their Pay Col. Jones marched forth against the Rebels and took good Booties from them but they declined fighting 8. Debate about the Commissioners of the Customs and about this Winters Fleet. New desires from the Army were 1. That their Arrears may be paid out of the Sale of Deans and Chapters Lands and the remainder of the Security of Bishops Lands and Sale of Forrest Lands 2. That the Moneths Pay for the Army may speedily be Collected by such as the Parliament shall appoint 3. That the Propositions may be drawn up and speedily sent to his Majesty Referred to the Committee of the Army as to the Collecting of the Months Pay 9. The House was called and a hundred and fifty of their Members absent and twenty pound Fine was set on every one that was absent and a Committee appointed to examine the absence of the Members and their excuses and a new day set for their appearance and the respective Sheriffs to Summon them The Duke of Richmond Marquess Herford Marquess Ormond Earl of Dorset Earl of Southampton Lord Seymour and some others came to the King to Hampton-Court intending to reside there as his Councel but the Army declaring against it they returned back again The General Councel of the Army had conserence with a German who gave himself out to be a Prophet and they considered of their own pay and the Pay of the Northern Forces 11. Debate of the desires of the Army in relation to their Pay and Arrears in a grand Committee and it was voted That they should be paid out of the Excise and Goldsmiths-Hall and the Arrears to be secured out of Bishops Lands and Deans and Chapters Lands and the like for pay for the Forces in Ireland Order for a thousand pound for Sir Thomas Maleverer who raised two Regiments of Foot and one of Horse for the Parliament in part of his Arrears It was reported that Mr. Maynard got in the last Circuit seven hundred pound which was believed to be more than any one of the profession ever got before 21. Much debate of the Ordinance of Tunnage and Poundage and voted that if the Commissioners will advance thirty thousand pound they shall not be removed till they be reimbursed all that shall be owing unto them which the Commissioners agreed to do An Ordinance for the levying of the Arrears of the Army and the Power of the Commissioners of the Army when they shall come away to be transferred to the Committee of the Army was sent up to the Lords Order for a Committee of the Militia of Hertfordshire Another Letter from the General and his Councel to the Parliament for a Provision of Pay for the Army and for Ireland and to prevent the Misery of the free quarter and for Money for disbanding Forces And of the Arrears of the Tax not paid in and that the High Sheriff may levy the Assessments and that the Arrears of the Army may be audited and satisfied out of Deans and Chapters Lands This Letter referred to the Committee appointed to consider of providing Pay for the Forces of England and Ireland Both Houses pass'd an Ordinance for collecting all the Arrears of the Assessments for Sir Thomas Fairfax's Army Letters from Col. Jones of the great wants of the Forces in Ireland and of his resolution to fight the Rebels if he can force them to it Order for supplys for Col. Jones A Committee to examine all complaints against such as use the Common-Prayer Order for Mr. Du Moulin to be History Professor in Oxford Order touching the Earl of Portland's business of the Isle of Wight and for the Agent of the Duke of Florence to be free from Excise Col. Monke joyned with Col. Jones in Ireland against the Rebels 13. Upon debate of the settlement of the Presbyterian Government it was voted That the King be desired to give his consent to such Acts as shall be presented to him for setling the Presbyterian Government for three years with a provision that no person shall be liable to any question or penalty only for Non-Conformity to the said Government or to the form of Divine Service appointed in the Ordinances And that such as shall not voluntarily Conform to the said Form of Government and Divine Service shall have liberty to meet for the Service and Worship of God and for exercise of Religious duties and Ordinances in a fit and convenient place so as nothing be done by them to the disturbance of the Peace of the Kingdom And provided that this extend not to any toleration of the Popish Religion nor to any Penalties imposed upon Popish Recusants nor to tolerate the practice of any thing contrary to the Principles of Christian Religion contained in the Apostles Creed as it is expounded in the Articles of the Church of England Nor of any thing contrary to the Point of Faith For the ignorance whereof men are to be kept from the Lords Supper nor to excuse any from the Penalties 1 Eliz. 2. for not coming to hear the word of God on the Lords day in any Church or Chappel unless he can shew a reasonable cause or that he was hearing the word of God Preached or expounded elswhere These were the Lords Votes The Commons Voted That the Presbyterian Government be established till the end of the next Session of Parliament That the Tenths and Maintenance belonging to any Church shall be only to such as can submit
to the Presbyterian Government and none other That Liberty of Conscience granted shall extend to none that shall Preach Print or Publish any thing contrary to the first fifteen of the thirty-nine Articles except the eighth That it extend not to Popish Recusants or taking away any Poenal Laws against them Order by the Lords that the Marquess of Winton have three Months longer time to be abroad Committees appointed to draw things into form and touching the Prorogation of the Parliament and touching Justices of the Peace and Grand-Jury-men 14. Debate touching the end of Sessions of Parliament and this Session to end in twelve Months after the passing the Bill and afterwards the Sessions to be Triennial The Commons voted Liberty to tender Consciences by way of Indulgence and much to the effect as the Lords had before voted A Letter from the King to the General That he would write to the Parliament that his Majesties Children might not yet be removed to St James's but remain for a night or two within 15. Debate upon the Ordinance for Tunnage and Poundage Proceedings upon the Propositions concerning Church-Government The General Councel of the Army at Putney resolved That every Trooper should abate 12d per diem in lieu of free Quarter and every Foot Soldier 4d per diem 16. Debate touching Religion and Voted That the Indulgence as to tender Consciences shall not extend to tolerate the Common Prayer The Lords sent the Propositions to the Commons for their concurrence to be sent to the King with some alterations The Commons referred them to a Committee to peruse wherein they agreed or disagreed from the former Propositions Suspition of designs to bring in the Scots to assist the King 18. Proceedings upon the Propositions to be sent to the King the same as before Added to put a period to this Parliament a year after the passing of this Act. For Elections of Justices of Peace and Grand Jury-men The King to return to his Parliament and have his Rights Queen and Children restored to him Some alterations made by the Commons and referred to a Committee Debate Seven Delinquents to be excepted from pardon of life Complaints against Stage-players and an Ordinance to suppress them Debate upon L. C. Liburne's Case committed by the Lords against which he complained by a long Speech Mr. Belliure the French Ambassador took his leave of the King The Gourdons rose in Arms in Scotland and Major General Miadleton gave a defeat to some of them The Agitators of five Regiments of Horse presented some high Papers to the General as the sence of the Army which was not so but of these Agitators The General answered their Letter That he thought it meet to be presented to the General Councel 19. A grand Committee to consider of Moneys for Pay of the Army out of the Excise Bishops Lands c. Letter from the French Ambassador about his taking leave and desiring a Pass Debate about Coaches c. for his Journey Order that three Lords and six Commoners give the Ambassador a visit at his departure Ordinance against Stage-plays carried up to the Lords Col. Jones took in four Castles from the Rebels but could not force them to fight though at advantages Power given to suppress the Moss-Troopers 20. Several Votes pass'd upon the Proposition of Persons excepted from Pardon agreed to be seven and touching Estates and Offices c. 21. Proceedings and several new Votes upon the Propositions A Petition from Sir William Roberts and the other contractors for the sale of Bishops Lands of the Obstructions in that business referred to a Committee to consider of a way for removal of them The Lords agreed with the Commons in the Ordinance for suppressing Stage-Players 22. A Petition of the East-India Company referred to a Committee Order for twelve hundred pound for Lieutenant Collonel Goll's Arrears An Ordinance committed for Payment of all Arrears to the Soldiers particularly to some of Sir Thomas Fairfax's Army and ordered out of the Sale of Bishops Lands after the precedent engagements thereupon The Assembly presented to the House a Catechisme drawn up by them Referred to the Committee of the Army and to the Committee of the Navy to inquire what Arms Ammunition and Ordnances belonging to the Publick are in any private hands or not made use of for the service of the State and to restore such as belong to any who are well affected to the Parliament and the rest to be brought in to the Tower or made use of for the Navy The General and General Councel of the Army met at Putney and had much debate touching the Papers presented by the Agitators of the five Regiments which were disliked by the General and his Officers and they appointed a Committee to consider of the Paper printed intituled the Case of the Army to send for such Parties as they shall think fit and to prepare something to be offered to the next General Councel and for vindication of the Army from the aspersions cast upon them by that Paper They were also to consider of a way for the speedy bringing in of monies upon Compositions to be offered to the House from the General Councel and of an abatement of the Pay of Non-Commissioned Officers and to prepare Rules for Quartering of Souldiers for the ease of the Country and about some Troopers lately taken in to be Disbanded about Waggoners and payment of Arrears 23. A Letter from the Scots Commissioners here to give notice to the Houses That there was a command laid upon them to attend the King which they did this day at Hampton-Court Orders for mony for the Army Proceedings upon the Propositions and Voted That the Tithes belonging to Deans and Chapters shall be imployed towards the maintenance of a Preaching Minister 25. Votes for Pay of the Arrears of Souldiers out of the Estates of Delinquents the remainder of Bishops Lands and Forest Lands this to be inserted in the Propositions and an Act to Null the Court of Wards and the King to have twenty thousand pounds per An. in lieu thereof and that the two Houses shall nominate all the chief Officers in Ireland and also in England A Committee of both Houses for Forrein Affairs to consider of a Message from the Ambassadour of France A Case of Indemnity determined The Committee of Estates in Scotland considering the dangers then imminent to Religion His Majesties Person and Authority the Union betwixt the Kingdoms and Peace of that Kingdom fully represented to them in Letters from the Commissioners in London and by several informations found it necessary in regard thereof that the Army be kept up till March next Letters from the North of the care of Major General Lambert for equal Quartering of his Souldiers and for punishment of some to run the Gantelope for Plundering and for meddling to assist in taking possession of a parcel of Tithes and taking in the advice
consent 5. The King not to call Parliaments in the Intervals without consent of the Councel of State 6. Elections to be free to Free-men 7. Patents and Monopolies to be removed 8. Their power to extend to Declaration of Laws and final Judgments without further Appeal than to the Representative 9. No Law to be against a Commoner but with the House of Commons Concurrence 10. No Commoner or great Officer to be exempt from Judgment of the House of Commons 11. The King to give no power to Protect or Pardon those so condemned 12. The Priviledg to be in the people in Election of Officers about Church Discipline Raising of Souldiers Freedom for what hath been done these Wars 13. Elections to be distributed equally 3. Debate of an Ordinance for setting poor people to work and for punishing of Vagrants and about the Ordinance for Tunnage and Poundage Confirmation of Truro Articles The Ordinance past for Guernsey c. The General Council of the Army agreed upon these further Heads 1. That the Proposals concerning Elections be publickly Read in each Division at their first proceeding to the Election 2. That by the Indentures of Election the persons Elected be limited to serve as Deputies for the time set 3. That a more equal course be taken and a rate if it may be on every mans Land not exceeding two shillings in the Pound in lieu of Tithes They also debated touching the Propositions to be sent to His Majesty 4. Orders for Disbanding of the disjoynted and supernumerary Forces Discharge of the Sequestration of Col. Brandling's Estate Confirmation of Exeter Articles Order for five hundred pounds for the Lord Ormond The General Councel of the Army desired some alterations and additions might be made to the Propositions to be sent to His Majesty 1. For security of the Souldiers Arrears by Deans and Chapters Lands and Compositions 2. These alterations about the Militia 1. That the Lords and Commons in future Parliaments may have the power of the Militia as well as the present 2. That where the safety of the Kingdom is concerned the Commons may exercise the Militia without the Lords they not concurring and that to bind the Commons 3. That London may have no other priviledg of the Militia than other Corporations Divers resolutions in favour of Delinquents That the Faith of the Army be kept upon Articles of Surrender That there be a General Act of Oblivion 5. Information of new designs against the Parliament and Army Debate touching the Kings Negative voice in Parliament 6. A Letter from the Scots Commissioners here mentioning the Kings being taken away from Holmeby by a party of the Army and they desiring to know from him his present condition His Majesty referred them therein to the Parliament and Army That they held it needless to apply to the Army in this matter whom they suppose are or ought to be under the Command of the Parliament That the Kingdom of Scotland finding their stability and happiness so much to depend upon the safety and preservation of the Kings person and they resolving to continue in all Loyalty under his Government have endeavoured the Composure of the unhappy differences They desire that the business of the Propositions may proceed with the mutual Councels of both Kingdoms and in the name of the Kingdom of Scotland they desire that there may be a personal Treaty with His Majesty and for that effect that the King may be invited to come to London with honour freedom and safety due to him and not to be under the power and restraint of Souldiers 8. Debate touching Provision for a constant Pay of the Army Both Houses agreed to the conference for speedy dispatch of the Propositions The General Councel of the Army desired his Excellency That for a time the Officers and Agitators should resort to the several Commands and Regiments till the General Rendezvous be over and the General shall see cause to call them together again and the same was done accordingly Collonel Jones took in divers Castles and Forts from the Rebels in Lemster 9. Letters from the General mentioning the long expectation of the Army of somewhat to have been done by the Parliament in Order to the satisfaction of the desires and Proposals of the Army that somesatisfactory answers therein would enable him and his Officers to serve the Parliament the more and to have more credit with the Army to keep them in better Order That he had appointed a General Rendezvous by the advice of the General Officers of the Army and General Councel who offered to repair to their several Charges and Regiments to improve their endeavours for quieting of them and recovering the antient Discipline of the Army He desires the House to grant the inclosed Particulars 1. Six weeks Pay if possible if not a months Pay to be presently sent to the Army 2. The Arrears to be paid out of the remainder of Bishops Lands Deans c. 3. Provision for constant Pay of the Army 4. That there be one hundred thousand pound a month for the Forces in England and Ireland and those of the supernumeraries to be disbanded 5. That Free Quarter or taking any thing from any man be punisht with death Orders for mony for the Army A Paper from some of the Agitators called The Case of the Army Voted by the House Destructive to the Priviledges of Parliament and the Fundamental Government of this Kingdom and referred to the General to find out the Authors Liberty granted to Lieutenant Collonel Lilburne to go abroad without his Keeper Order for restitution of monies seised from Mrs. Curriton The Lords appointed a Committee to draw an answer to the Letter of the Scots Commissioners about a personal Treaty They fined their absent Members an hundred pound a Man The Commons desired the Lords concurrence to several Ordinances for Moneys for the Lord Ormond for allowance for Soldiers Wives for Trade for confirming Truro Articles A Committee of the General Councel of the Army appointed to collect a summary of the Engagements Declarations and Papers of the Army of matters concerning the good of the Kingdom the Liberties of the People and the interest of the Army and to consider the case of the Army stated and a Paper called the agreement of the People to be presented to the General for his order to communicate it to the several Regiments before their Rendezvous They also made a Declaration That by their Letter to the Parliament November 5. it was no part of their intentions to hinder the sending of the Propositions to the King but only to assert the freedom of Parliament 10. A grand Committee sat about the future Pay of the Army and to prevent free Quarter Order that the Members of every County do present three names out of which the House to choose one to be High Sheriff for that County Debate of Ordinances for Money for Ireland one by sale of Rebels Lands
Covenant and will oppose the Popish Prelatical and Malignant party as well as the Sectaries if they shall be put to ingage in a new War That as they will endeavour to rescue His Majesty who is detained Prisoner contrary to the resolution of both Kingdoms that he may come to some of his own Houses near London with honour freedom and safety where both Kingdoms may make Applications to him for a safe and well grounded Peace So they resolve not to put into the hands of His Majesty or any other such power whereby the ends of the Covenant may be obstructed or Religion or Presbyterian Government indangered but before any agreement that His Majesty give assurance by Oath and under his Hand and Seal that he will pass such Bills as shall be presented to him from both or either Kingdoms respectively for settling the Covenant the Presbyterian Government Directory of Worship and Confession of Faith and never to oppose them That if any War be made as it shall be on just and necessary Grounds so none shall have charge in the Armies or Committees but men of known integrity that the Church shall have interest therein That they think fit the Kingdom be put into a posture of defence and some discreet persons be sent with their demands to the Parliament of England 25. Upon a Letter from Prince Philip Son to the Queen of Bohemia to Vice Admiral Rainsborough desiring a Pass to come into England to visit his Brother the Prince Elector Wherein the Vice Admiral desired to know the pleasure of the House they ordered a Pass to be given to Prince Philip. A day set to consider of settling the Kingdom and Mr. Strong desired that morning to Pray with the House and a Letter sent from the House to all the Ministers in and about London to Pray to Morrow being the Fast-day For a blessing of God upon the Consultations of the Parliament Upon Information That Captain Brown Bushel who revolted from the Parliament with a good Ship and turned Pyrate was apprehended the House gave twenty pounds to the two men that took him and referred it to the Committee of the Admiralty to take order for his Tryal as a Pyrate and he was committed to Windsor Castle Orders for monies for repair of Hull and New-Castle Works The Aldermen Langham Adams and Bunce brought to the Lords Bar refused to kneel or be Tryed by their Lordships but Petitioned to be Tryed by the Common Law denying the power of the Lords to try Commoners They were fined five hundred pounds apiece sent back to the Tower and had liberty to name their Counsel in order to their Tryal The Common-Councel of London sat Yesterday and this day upon an Affidavit made by one Everard That he being at Windsor in an Inn in Bed heard some Gentlemen whereof he supposeth one was Collonel Grosvenour another Ewer and others with them in the next Room to him discoursing together to this effect That they doubted not but the Scots would come in and that the City of London would joyn with the Scots for the preventing of which they found no way but to disarm the City friend and foe That such as were friends to the Army should be armed and keep the rest in aw and that they would make the City advance a Million of mony or else would plunder them and that they had acquainted Ireton therewith Letters from Scotland That the Kings Party there carry all That the Irish Forces under Monke have offered their Service to Scotland and received thanks and a fornights Pay from the Parliament of Scotland 26. Letters came this Fast-day from Norwich to Collonel Fleetwood That the Major of Norwich being sent for to attend the Parliament the Malignants opposed his going and the Parlamenteers were for it That both Parties got into Arms and plundred many Inhabitants of the City That Captain Zanchie with his Troop and some other Horse of Collonel Fleetwood's Regiment Quartered thereabouts came into the City They sell upon the Rioters in several Partys drove them into Corners and wounded many of them and Captain Lloyd and divers of the Troopers were wounded That the Rioters got possession of the Magazine and being to get out Powder the Magazine was fired and about forty of them blown up and spoyled the blow shaked the whole City threw down part of some Churches wounded and killed many of the Town not one of the Troopers hurt by it Legs and Arms found in the Streets torn from the Bodies and about a hundred and twenty of the Citizens missing in the Evening all quieted 27. Order for all the Members who have not taken the Covenant to take it tomorrow Debate about setling the Kingdom the question was whether the business of the Church or of the State should be first considered but the business of the City intervening the House resolved to sit again in the afternoon The Lord Mayor Aldermen and Common-Councel of London presented a Petition to the House informing the business beforementioned in the affidavit of Everard and desired That upon further examination thereof such course may be taken therein as the House shall think fit That the Chains of the City may be set up again and the Army be removed to a further distance That an Ordinance may pass to constitute Major General Skippon Major General of all Forces within the Lines of Communication for defence of the City and of the Parliament to whom the City resolve to adhere The Lords gave the Petitioners thanks for their good affections and resolutions to adhere to the Parliament As to the setting up again of the Chains they leave it to the Lord Major and Common Councel to do as they think fit as to Major General Skippon he being a Member of the House of Commons they can do nothing without the assent of the House The House of Commons approved the desires of the Common Council and ordered the Militia to see the Chains set up again and the Speaker acquainted the Petitioners therewith That the occasion of part of the Armies being drawn so near was the late tumults that the House would take this business into Consideration and gave their thanks to the Petitioners 28. The House proceeded in debate about the business of the State and voted That the Government of the Kingdom should be still by King Lords and Commons and the ground-work for that Government should be the propositions presented to the King at Hampton-Court and that every Member of the House shall have liberty to speak to any Votes c. concerning the King 29. Both Houses passed a Declaration upon the Duke of York's going away That whereas upon a former endeavour of his to escape which was prevented the Duke by his Letter to the Houses acknowledged his Errors and promised not to attempt the like for the future they declared that they conceived the Earl of Northumberland not to be
Because it is the desire of the Parliament of Scotland 3. The agreement upon the Treaty will be the more authentick 4. It 's probable having no Army the King will condescend to that which at Uxbridge and Oxford he refused 5. It is not the way of Treaties to confirm any before all is agreed especially what is of greatest concernment and will be chiefly insisted upon Vote for M r Ashburnham to be offered in exchange for Sir W. Masham A Petition in behalf of M r Rolfe Letters from Wales of a design to betray Denbigh Castle prevented An Ordinance past for a Troop of Horse to be raised in Surrey another for Hampshire and a third for Caernarvon The vindication of Major General Skippon against a scandalous Libel ordered to be posted in London An Ordinance for the adjacent parts to be added to the Militia of London and a Petition against it referred to a Committee Letters of the Victory gained by Colonel Rossiter before mentioned a list of the Prisoners Officers and Gentlemen of quality about five hundred Prisoners taken eight Carriages with Arms and Ammunition Colonel Pocklington and Colonel Cholmely slain with many Officers and Souldiers to the number of about two hundred all their bag and baggage taken Letters from Major General Lamberts quarters that his men took near to Carlisle a hundred Prisoners Horse and Foot and forty Horse that that Alarm in the Night caused all the Enemies Forces thereabouts to flye into Carlisle saying they would not fight till the Scots were come in to joyn with them 11. A Letter from Colonel Hammond desiring that Osbornes charge against Mr. Rolfe may come to a speedy hearing it reflecting so highly upon the Army and upon him and being an horrid scandal whereof he clears his own innocency and the Officers of the Army and Mr. Rolfe and if the House have any suspicion of him if they please to send down another to be in his place he shall willingly resign An Ordinance past both Houses for continuing the Excise two years longer Debate of an Ordinance of Indempnity for the revolted Sea-men that shall come in by a day the rest to be out of mercy and Instructions for incouragement of Sea-men referred to a Committee An Ordinance past both Houses for money for the Lincolnshire Forces Another transmitted to the Lords to pay off poor Souldiers and Widows A design of the Malignants in Worcester prevented and Mr. Harcourt and others apprehended for it Order for the Garrisoning Worcester by Colonel Dingly and Hartlebury Order for accommodations for Mr. Rolfe and for a Letter of thanks to Colonel Hammond for his good services The Committee of both Houses and the Committee of the Common Council of London had several meetings and Treaties about their ingagement for the safety of the King and Parliament during the intended Treaty at London The Common Council explained their meaning upon several particulars of their former Petitions 1. They will ingage that the King and Parliament may meet and treat free from Force and violence this they mean by the word safely 2. By the word defend they mean that during the Treaty they will defend the King and Parliament so much as in them lies free from all Force and violence 3. That if the Treaty be in London the City will for the present defray the charge of the guard during the Treaty and afterward referr themselves to the King and Parliament for the satisfaction thereof 4. That in case the intended treaty shall be in London and his Majesty and the Parliament shall not agree then the City conceive themselves bound to submit to the Wisdom of both Houses touching the disposal of the Kings person 5. That the Common Council and Officers Military do declare that they are ready according to their ingagment as much as in them lyes by the Trained bands to guard and defend the King and Parliament against all Force and violence And they desire to have the Militiaes united and to be inabled to raise Forces and that during the Treaty no Forces may come within thirty miles of London without their consents That those who shall make any tumult or disturbance during the Treaty may be punished with Death that none who have born Arms against the Parliament or contributed thereunto shall during the Treaty come within thirty miles of London without leave of Parliament That the Treaty may be with all expedition for preventing of further inconveniences and that if the Treaty be in London the Common Council will indeavour to find out a convenient place for it and accommodations They also ordered that the Common Council-men within their several Precincts should indeavour to get the subscriptions of the Citizens to this ingagement which was done accordingly Letters from Colchester Leaguer that the besieged are in great want of victuals and Horse-meat that their guard who were to secure those that came out to get Horse-meat were beaten divers of them killed and some taken Letters from St. Needs that Colonel Scroop with his party from Colchester Leaguer sent after the Earl of Holland and his Party came to Hartford and with skilful guides from thence were brought to S. Needes before the Lords could shift away yet had got into some Bodies with their Party in the Town That the Parliaments forlorn being entred charged and routed the Earl's Party before the Body came up and when they came the Earl's Party sled several ways yet many of them fell as Colonel Dalbier who was slain in the Inn Sir Kenelm Digbyes Son another Colonel and divers others were slain The Earl of Holland craved quarter in his Chamber and had it with him were taken Prisoners Sir Gilbert Gerrard Colonel Skeimister Major Holland Major Stepkin Lieutenant Colonel Goodwin and a hundred Prisoners besides That the Parliaments Souldiers had above a hundred Gallant Horses store of gold and Silver and rich clothes they had but two men slain and Colonel Scroops Captain Lieutenant wounded they were so tyred with their long march that they could not pursue the Enemy That the Duke of Bucks was fled with about forty Horse towards Lincolnshire Intelligence that the Lord Andover going to the Prince was taken and put into Dover Castle 12. A Declaration transmitted to the Lords giving twenty days to the revolted Ships to come in or else to be taken as Traitors and their goods to be confiscated and this to be sent to them by the Lord Admiral Letters that after the defeat given to Langdales Forces by Colonel Lilburn he having intelligence that nine thousand Scots were entring England to joyn with Langdale drew towards Lambert to joyn with him That Duke Hamilton sent a Complement to Major General Lambert that he was upon advance with an Army towards England for that the Parliament of England had given no satisfaction to the desires of the Parliament of Scotland and could not avoid the Northern parts of England He assures Major General
the Princes men to advance to firmer ground in confidence of victory which the Parliaments Horse took advantage of Flanked the Prince his men and were almost in the rear of them The three hundred Musquetiers at the same time charged the Princes men and put them in disorder and the Parliaments men fell to execution about two hundred of the Prince his men were slain on the place and in the pursuit of whom many were of quality one hundred prisoners and three hundred Arms were taken Many of them were wounded and not above one hundred serviceable men thought to return to the Ships some fled to the Castle from whence Forces came out to fetch them in but were beaten back and left Arms behind them Of the Parliaments Forces Colonel Rich's Quarter-Master was slain Major Husbands his Lieutenant wounded three Horse-men and four Foot-men killed Order for a Letter of thanks to Colonel Rich and that Major Husbands who brought the news and lost divers horses in the fight should have one hundred and fifty pounds to buy him more horses and that Colonel Hewson should have one hundred and fifty pound to buy him horses The Grand Committee sat for the Militia in the afternoon 16. The Lords desired the Commons concurrence to these Votes 1. That the Treaty be according to these Votes 2. That the Votes against further addresses to the King be recalled 3. That such persons as his Majesty shall send for in the Treaty be admitted to wait on him and that he be in the same freedome as he was at Hampton-Court 4. That such servants as he shall appoint may wait upon him 5. That the place for the Treaty be in Newport in the Isle of Wight 6. That the Scots be invited to treat upon the propositions presented at Hampton-Court 7. That his Majesty be admitted to invite the Scots to treat upon those propositions 8. That the Instructions to Colonel Hammond be recalled 9. That five Lords and ten Commoners be chosen to treat with the King 10. That it be referred to the Committee of Lords and Commons for peace to prepare all things in readiness for speeding of the Treaty The Commons ordered these Votes to be considered de die in diem till they be finished and nothing to intervene Upon Information that Colonel Martin a Member of the House and Colonel Ayres and M r Walrond were raising of Horse in Berks and took Horses from the inhabitants against their wills and had no authority from the Parliament for it The House ordered Colonel Martin to attend them and Colonel Ayres and M r Walrond to be sent for in safe custody for this action The Committee of Estates of Scotland sent a Letter to the Prince wherein next to his Fathers restraint they bewail his Highness long absence from that Kingdom his right by descent and now that their Forces are again in England they humbly beg his Highness's presence to countenance their endeavours for religion and his Fathers reestablishment And if he will intrust his person among them they ingage the Publick Faith of that Kingdom for his Highness being in honour freedom and safety whilst he shall be with them in Scotland or in their Army in England with Liberty to return when he shall please and this was sent to him by the Earl of Lauderdale 18. Both Houses passed a Manifesto that whereas they had not been able to afford to the Protestants in Ireland such supplies and relief as was necessary for them and therefore had imployed M r Derrick Hoast M r Corseilles M r Maurice Thomson and M r Laurence their Commissioners to the States of the United Provinces to sollicite contribution and relief from thence for Ireland who had there collected by Voluntary contribution thirty one thousand two hundred and eighteen pounds twelve shillings five pence and was disposed of for victual The Lords and Commons take Notice of the great affection of the people of the Vnited Provinces herein and acknowledge their pious and Charitable sense of the miserable condition of their distressed brethren in Ireland and their benevolence for relief of those Protestants and do give their most hearty thanks to the Commissioners and to the Treasurers there named and to all others who have without any Salary assisted in that work After long debate whether the Commons should concurr with the Lords in the Vote to invite the Scots to the Treaty it was carryed in the Negative The Commissioners of the Seal had a meeting with the Judges about their riding of this Summers circuits and they resolved to know the pleasure of the Houses therein 19. Vote that if his Majesty shall think fit to send for any of the Scottish Nation to advise with him concerning the affairs of the Kingdom of Scotland only the Houses will give them a safe-conduct Vote for ten of the House of Commons to joyn with five Lords as Commissioners to treat with the King Order that the Judges be desired to go their several circuits as formerly appointed except some Counties where the Kings Forces were and that they may avoid going to any place where they shall apprehend to be any danger Order that the chief Justices of Chester shall go down Letters from Colchester Leaguer that five came out of the Town and said that the Cryes of Women and Children and the poorer sort in the Town are very great and that they are like to starve that Goring will permit none who are well affected to the Parliament to come out of the Town unless some of his party may come with them That a Woman and five Children one sucking at her Breast came out of the Town and fell on her knees before the Parliaments Guards begging leave to pass the line but they were forced to turn her back again lest hundreds more should follow her to the prejudice of the service That those who come out of the Town affirm that all the Dogs and Cats and most of the Horses there are already eaten That a Trumpeter came from the Enemy in Colchester desiring leave to send to know whether they may have relief or not and if they see no hopes of any within twenty days then to treat but the Lord General denyed this desire That they in the Town refused to exchange the Earl of Cleveland for one of the Committee that the Women and Children were at the Lord Gorings lodging for bread who told them they must eat their Children if they wanted the Women replyed that they would put out his Lordships Eyes and highly reviled him The Prince sent a Letter to the Lord General Fairfax for moderation to be used towards Major General Langhorn Colonel Powel Colonel Poyer and others who acted by Commission from him otherwise he should be necessitated to proceed contrary to his intentions against such as should fall into his hands Subscribed Your Loving Friend Charles P. The General returned answer that he had
acquainted the Houses with his Highness's Letter it not being in his power to act further the Parliament having ordered the way in which the Prisoners should be proceeded against not so much for hostility as for breach of the trust they reposed in them to the ingaging the Nation again in War and blood Subscribed Your Highness most humble Servant Fairfax Letters from the North that as yet there was no ingagement with the Scots 21. The Commons concurred with the Votes touching the Treaty and referred it to the Committee of both Houses for peace to prepare thing needful for the Treaty They thought fit again to send to his Majesty to let him know how far they had proceeded as to treat and to have his approbation A Letter from the General that he had received an order from the Lords to deliver the Earl of Holland from Warwick Castle to be confined to his house at Kensington A Letter from the Lord Admiral that upon the Lords Passes for some to go beyond Seas they had gone to the Prince as M r Aleburton the Scots Agent the Lord Andover and others The Commons desired a conference with the Lords about it and that a Letter be sent to the Lord Admiral and to the Lord General to make stay of all such persons notwithstanding their order Upon Petition of thousands of the Suburbs that had joyed with Major General Skippon he was ordered to grant them Commissions and the committee for suppressing of tumults to furnish them with Armes Letters from Salop that Sir Henry Lingen with a party of Horse took sixty of Colonel Harly's men and about two daies after a party of Colonel Harlies and Colonel Hortons men met with Sir Henry Lingens men about Radnor regained all their Horse and Prisoners took Sir Henry Lingen and Colonel Crofts and many other of the Kings commanders Prisoners slew divers of the party and routed the rest Letters from Colchester Leaguer that the approaches were so near that the besiegers and the Enemy laid aside their Muskets and in stead of shooting cast Stones at one another Some petitions inclosed in a Letter from the Lord Norwich and the rest were sent to the General expressing that at the desire of the inhabitants they had thought fit to send them And that they should be constrained for the better accommodation of the Souldiery to turn out the Towns People whereby their Houses and goods would be left liable to spoil and ruine for prevention whereof they had thought fit to treat with his Lordship for the surrender of the Town if he pleased to which purpose they would send six Officers if his Lordship would appoint the like number With this came another Letter offering an exchange of Captain Gray for M r Weston and M r Rowling the General accepted of the exchange but as to the Treaty said he would send answer by a Messenger of his own The General was in some danger by a shot from the Town that one who was exchanged told the Lord Norwich he heard the Parliament Souldiers discoursing sharply against those in Colchester and one of them bid him tell Goring that they would bore a hole through his nose and draw him with a Rope through Cheapside crying Here is the great Bull of Colchester The inclosed Petitions were one to the Earl of Norwich the Lord Capell and Sir Charles Lucas from the inhabitants of Colchester That having received their Commands to depart the Town for better supply of the Souldiers they might Petition the Lord Fairfax for Liberty to pass into the Country to prevent the danger of their lives without his leave They prayed their honours to give way for their Petition to be presented to the Lord Fairfax and till they had his answer that they might not be inforced from their habitations The Petition of the inhabitants of Colchester to the Lord Fairfax was to inform his Lordship that the Commanders in Chief in the Garrison had ordered all the inhabitants to provide with expedition to depart the Town or otherwise by power they should be forced thereto for that whatever became of the Townsmen the Souldiery who maintained the Kings cause must and shall be provided for That being driven to this Exigency they have no other means but to fly to his Christian Charity and clemency and humbly to pray that he would give them leave to pass into the Country for the preservation of their lives Subscribed by the Major and four Aldermen in the name of all the Petitioners To the Letter the General returned this answer He was willing to believe that the pressing necessities of the miserable inhabitants of Colchester had wrung from them the Petition inclosed in their Letter That he should not onely clear himself to all the world from the occasion of their sufferings but so far contribute to their relief as to allow all the inhabitants of the Town the Lords first ingaging not to restrain any who shall be willing to come out to enjoy the Liberty in their Petition desired Provided the Committee of the County of Essex then Prisoners with the Lords in the Town be sent out with the first only he shall not permit the wives and Children of any Towns-men or others who shall abide with the Lords in Armes to have the benefit above-mentioned Concerning the rendition of the Town he offers That all such officers and Souldiers under the degree of a Captain excepting all such who being Members of his Army have since the 10. of May last deserted their Colours they ingaging themselves never hereafter to bear Arms against the Parliament shall have passes without injury offered them to return to their respective homes And all Captains and other superiour Officers with the Lords and Gentlemen to submit to mercy Subscribed Your Lordships Servant Tho. Fairfax An Express came from Lieutenant General Cromwel in the general of his defeating the Scots Army under Duke Hamilton New Instructions for Colonel Hammond 1. That the King be removed to Newport in the Isle of Wight the place of the Treaty 2. That he be in the same condition and freedom there as he was at Hampton Court 3. That no person in the first Exception out of Mercy nor under restraint of the Parliament nor of late actually in Arms against the Parliament be admitted to the King 4. That no person that hath been in Arms against the Parliament or aiding or assisting to them or of whom there is just cause of suspicion be admitted into any Fort or Tower in the Isle of Wight 5. That no person of any forrain Nation be admitted to come into the same without leave from both Houses of Parliament 6. That if the Kingdom of Scotland send any to treat with his Majesty they shall have a Pass from both Houses 7. That his Majesty pass his Royal word not to go out of the Island during the Treaty nor twenty eight daies after
have some other form of Prayer in his own Chappel The like concerning his consent to Bills to prevent the saying and hearing of Masse all unsatisfactory Order that the Commissioners do press his Majesty further for his final answer to the business of the Church and inform him of these Votes and the Lords concurrence herein to be desired Order of both Houses that the Committee appointed to draw the Kings concessions upon the whole Treaty into Bills do meet for speedy dispatch of that business 13. Vote upon his Majestie 's propositions 1. That a Committee named do draw up something for his Majesties coming to London and present it to the House and instructions for the terms his Majesty being already in freedom honour and safety at the Treaty 2. That it be referred to a Committee to consider of his Majestie 's desires concerning his revenues 3. That an Act of Oblivion shall be presented to his Majesty to be passed with such limitations as shall be agreed on by both Houses The Lords concurred with the Commons concerning the seven persons to be excepted from Pardon only instead of the Earl of New-Castle and Sir Jo. Winter they voted Sir Geo. Ratcliffe and the Lord Byron to be two of the seven Both House passed Instructions for the Commissioners of the Great Seal for the making of new Sergeants and the Judges according to the former orders of the Houses Justice Rolles to bring in his former Patent and to receive a new Commission under the Great Seal to be Lord Chief Justice of the Kings Bench. Mr. Brown to have seniority of Sergeant Jermyn Brown having been a Commissioner of the great Seale and the rest that were Commissioners of the Great Seal having had priority to plead within the Barr to be Seniors and Sir Thomas Bedingfield Mr. Recorder c. in order Letters from the General that having had a meeting of the Officers of the Army he apprehends their general sad resentment of the many pressures upon the Kingdom particularly that of free-quarter whereby they and the Souldiers who have faithfully served the Parliament are even a burden to themselves because they are so much to the poor Country Complains of the great want of pay and necessaries for the Army desires an effectual provision therein to prevent those ill consequences which otherwise delay therein may produce Letters from the North. That Lambert and his men received a dismission from the Committee of Estates and were upon their March for England and they gave him many expressions of thanks for his good service done to that Kingdom Lieutenant General Cromwell sent a summons to the Governour of Pontefract Castle to render it to the use of the Parliament and the Governour desired to be satisfied that he had power to perform the conditions The first Sergeants approved before the Commissioners of the Great Seal in the Queens Court but they did not call them in until the House of Commons had passed the order for the precedency of M r Brown before Sir Thomas Bedingfield and M r Recorder at which most of them did grumble 14. The account of Colonel Gould stated and allowed and four thousand four hundred and forty three pound ordered to him and an Ordinance for it transmitted to the Lords Ten thousand pound inserted into an Ordinance formerly past for five thousand pound for the guards of the Horse of the Parliament Debate about taking off free-quarter and disbanding Supernumeraries and a question for adding three thousand pound to the Establishment of the Army in regard of the Garrisons of Berwick and Carlisle past in the Negative which discontented the Army and was therefore thought by some to be put on the rather The Lords concurred in the banishment of the four persons voted by the Commons but in regard that three of them are Peers of the House they desired that the Ordinance for it might begin in their House A Message from his Majesty that he did consent to the little Catechism with the addition of a preface and also that the Parliament dispose of all great Offices for twenty years as they desire Letters from the Earl of Warwick and a Declaration in vindication of himself and the scandal cast upon him by a false Pamphlet and lying report that he resolved to joyn with the Prince in case the Treaty took not effect 15. Colonel Rossiter had the thanks of the House for his good services Vote that his Majestie 's coming to London shall be with honour freedom and Safety so soon as the concessions of the Treaty shall be agreed upon 2. That he shall have his Lands and revenues made good to him according to the Laws 3. What he shall pass away of his legal right he shall have allowance in compensation thereof 4. That an Act of Oblivion shall be presented to his Majesty c. Both Houses agreed to these Votes and to send them to his Majesty Upon Letters from Lieutenant General Cromwell of the wants of his Forces referred to the Committee of the Army to consider of the particulars and to supply them Order for two hundred and fifty Barrels of powder with match and bullet proportionable for the Forces before Pontefract and Scarbrough The Commons adhered to their vote to except the Earl of New-Castle and Sir Jo. Winter from pardon Letters from the Hague that Prince Charles was upon recovery that Prince Rupert was made Admiral and the Lord Gerrard Vice-Admiral that some of the revolted Ships were come in to the Earl of Warwick and those Sea-men that continued with the Prince were disorderly The Commissioners of the great Seal went into the Kings Bench where they sat in the middle the Judges on each side of them And there they did swear the Lord Chief Justice of that Court Judge Rolles and Sir Tho. Widdrington made a very learned speech to him From the Kings Bench they went to the Exchequer and sat in the Court the Barons on each hand of them and a great Company both of Lawyers and others thronging round about the Court there they did swear Serjeant Wilde to be chief Baron and Whitelock made the speech to him which because it clears some mistakes concerning the antiquity of that Court was thought fit to be here inserted M r Serjeant Wilde THE Lords and Commons in Parliament taking notice of the great inconvenience in the Course of Justice for want of the antient and usual number of Judges in each of the high Courts at Westminster whereby is occasioned delay and both Suitors and others are the less satisfied and being desirous and careful that Justice may be Administred more Majorum and equal right done to all men according to the custom of England they have resolved to fill up the Benches with persons of approved fidelity and affection to the publick and of piety Learning and integrity and having found by long experience among themselves that you Mr. Serjeant
to whomsoever should secure the Duke and notice sent hereof to my Lord Mayor A Messenger with one of the Warrants to be sent by the Post was stopped and examined by some Troupers in Southwark whom he told of the escape of Duke Hamilton Not long after as these Troupers marched about the streets they perceived a man knocking very earnestly at an Inn gate in Southwark and asked him what he was and his business he answered that he came to Dover Carrier who lodged there and he was to go down with the Carrier in his Waggon The Troupers more strictly observing him one of them told him he believed that he was a Scotch-man and that he had seen him in Hamilton's Army which he denyed but presently another of the Troupers said plainly he believed that it was Hamilton himself though disguised for he very well knew his favour and was at the taking of him and they had heard a little before that he had escaped out of Windsor-Castle Hereupon they presently searched him and found about him forty pound in gold a Diamond Ring valued at a hundred pound and other good prize for the Troupers who this morning brought him by Water to White-hall where a strong guard was put upon him The House gave one hundred and twenty pound to the Troupers who apprehended the Duke besides what they found about him Sir Lewis Dives escaped the last Night and Mr. Holder the Prince's Agent escaped through the House of Office in White-hall standing over the Thames The escapes of these persons put the House in debate of bringing Hamilton the Earl of Holland Laughern Poyer Powell and other chief Delinquents to a speedy Tryal They appointed a Committee to bring in an Act for constituting a Court for the Tryal of these persons and Ordered the Earl of Holland to be forthwith removed to London This being the monthly Fast-day it was moved in the House when they sate after the Sermons to have two Ministers appointed to preach as was usual the next Fast-day but some held the course of keeping a constant monthly Fast not to be so proper but savouring of too much formality and that it was fitter to appoint daies of publick humiliation upon special occasions upon debate whereof no Ministers were named to preach the next monthly Fast-day February 1648. 1. The Act passed That such Members as had voted 5. Dec. last that the late Kings concessions to the propositions were a sufficient ground for setling a peace in this Nation should not be readmitted to sit as Members of this Parliament And that such Members as were then in the House and gave their votes in the Negative should enter their dissent to the said vote and such as were absent to declare their disaproving thereof before they be admitted to sit as Members Many Members declared their dissent to that vote Voted that Duke Hamilton the Earl of Holland Lord Goring Lord Capel and Colonel Owen shall be the next persons to be proceeded against for justice After this the Lord Capell by a desperate attempt escaped this Evening out of the Tower over the Moat and Warrants were sent out and one hundred pound promised to any that should take him A Message from the Lord for a Committee to be named of both Houses to consider of a way to settle this Nation Order to consider to morrow whether the Lords Messenger should be called in or not and whether the House should take any cognizance thereof Order for adjourning the Term for eight days A Petition from Surrey That the Militia may be put into faithful hands and Neuters and suspected persons rendred uncapable of trust That Magistrates and Officers may be chosen by the well affected persons and Delinquents neither to chuse nor to be chosen That Tythes may be taken off and a more â—ust way provided for the maintenance of the Ministry That a Committee for accounts may be in each County and that free-quarter may be taken off This Petition was referred to a Committee and the House took notice of the seasonableness of it and the good affections of the Petitioners and gave them thanks The High Court met to prepare matters for the Tryal of Duke Hamilton the Earl of Holland and others The Commissioners of the Seal met but did not think fit to seal any Writs or do any business because of the Kings Death 2. A Petition from Kent to the same effect with that of Surrey referred to the Committee for settlement and the Petitioners had thanks Vote for this Summers Fleet to be seventy three Sail of Ships and about six thousand men this upon conference with Merchants and for dispersing the Prince's Fleet and incouragement of trade Orders for victuals and money for this Fleet. Divers Members of the Parliament of the Army of the City and private Gentlemen in all to the number of sixty whereof fifteen to be of the Quorum were by Act made a High Court of Justice for Tryal of Duke Hamilton the Earl of Holland and others Order for establishing Colonel Henry Martyn's Regiment Upon the Dutch Ambassadors desire Ordered that what was delivered by them to the House in relation to their Ambassie may not be printed Order for Colonel Reynolds Regiment to be compleated and added to the establishment 3. The Act passed for the new High Court of Justice Divers Members entered their dissent to the Vote 5. Dec. last Two Water-men of London discovered and apprehended the Lord Capell in a house at Lambeth the House gave forty pound to the Water-men 5. Debate till six a Clock at Night whether the House of Lords should be continued a Court of Judicature or a Court Consultatory only and whether it should be referred to a Committee to consider what power or constitution the Lords should have and it being dark it was upon the question carried in the Negative not to have Candles and the debate adjourned till to morrow The Lords sent again for a Committee of both Houses to consider of setling the Kingdom but their Messengers were not called in An answer agreed to the Dutch Ambassadors returning thanks to the States for their desire of continuing amity with this Kingdom professing their desire of the like and care to continue the same They thanked them also for their grave advice concerning the King and let them understand that the Commons of England had proceeded according to the Laws of the Land in what they had done and as they leave all other Nations and Kingdoms to move according to their rights and Laws so they hope none will think ill if they Act according to those of England and that they shall be alwaies ready to shew themselves Friends to the Vnited Provinces The High Court of Justice sate in the Painted Chamber and elected the Lord President and Officers as were before they agreed upon a Proclamation That they had adjourned themselves till to morrow morning in the
as both shall agree to stand with the Laws of Ireland 13. That the Council table meddle only with State matters 14. Act against transporting wooll to be null 15. Those wronged by grants to have relief 16. Wronged persons to have right 17. Restitution of Estates 18. An Act of oblivion to pass 19. Customs not to be farmed and Monopolies to be taken away 20. The Court of Castle-Chamber to be regulated 21. Acts forbidding ploughing with Horses by the tayl and burning Oats in the Straw to be nulled 22. An Act to take off grievances 23. Maritime causes to be determined in Ireland 24. No rents to be raised under pretence of defective titles 25. Interest money to be for given from 1641. 26. All this to be acted till a Parliament agree it 27. That the Catholick Commissioners agree upon such as shall be Justices of Peace and hear all causes under ten pound 28. All Governours of Forts to be by approbation of the Catholick Commissioners 29. None of the Kings rents to be paid till a further settlement by Parliament 30. Power of the Commissioners of Oyer and Terminer 31. Differences in Ireland to be tryed there and not in England 32. The Roman Clergy not to be molested 33. That his Majesty grant whatever else is necessary for the Catholicks Prince Rupert was upon the Irish coast with sixteen Ships many vessels were taken by him A Petition to the General and his General Council of War from the well affected Inhabitants of Lincolnshire much to the same effect with others lately presented to him and to the Parliament and which are before mentioned Two men measuring some ground in Windsor forest were asked by what Authority they did it they showed a kind of Warrant from Lieutenant General Cromwell desiring all Officers of the forest Souldiers and others to permit these men to set out some Land c. in regard there was no Justice in Eyre It were to be wished that such men as Lieutenant General Cromwell would not so irregularly meddle with such matters as these are the men were forbidden to make any divisions of the Land or ditches about it till further order 27. A Declaration passed that a Book lately published entituled the second Part of Englands new Chains discovered contained matter false Scandalous Seditious Mutinous and tending to raise a new War that the Authors and publishers of it were guilty of Treason and referred to the Council to find them out Anno 1649 Letters from Major General Lambert with the Articles of the surrender of Pontefract Castle A Letter and Petition from the Grand Jury of Yorkshire acknowledging with humble thanks the justice of the Parliament in their late proceedings and ingaging to joyn with them and desiring Pontefract Castle may be demolished and some other Forts thereabouts Vote for three hundred pounds per annum to be setled on Major General Lambert out of Pontefract honour for his good service The Lancashire Forces submitted to disband and quitted Clithero Castle Order for that Castle to be demolished and that the Council of State consider what other Inland Castles are fit to be demolished Sir Henry Cholmely sent for upon complaints against him Instructions for the Scots Commissioners to their new King were 1. That he take the Covenant 2. To put from him all who have assisted his Father in the War particularly Montross else not to Treat with him 3. To bring but one hundred with him into Scotland and none who have assisted his Father in Arms. 4. To bring no Forces into Scotland from other Nations without their consent Marquess Huntley was beheaded at the Cross in Edenburgh Letters from the Hague that the Queen of England invited Prince Charles her son into France that the States inhibited their Ministers from insisting upon matters of State and in their Pulpits and particularly not to meddle with Englands or other Kingdom 's proceedings 28. Upon a Report from the Council of State of the particulars for incouragement of those who shall ingage for Ireland with Lieutenant General Cromwell the House referred them back again to the Council to perfect Upon a Report from them of the Earl of Ormond's proclaiming the King in Ireland c. the House voted the Earl a Traitour and an Act to be brought in to attaint him Order for a Letter of thanks to Colonel Jones and a gratuity Order that no Ministers shall teach in their Pulpits any thing relating to State affairs but only to preach Christ in sincerity and an Act to be brought in for penalties to those who shall do otherwise Orders for money given away A new day given to the Lord Mayor to conform to the order for proclaiming the Act against King-ship or to give an account to the House why he hath not done it 29. The House sate not The Council of State upon examination of Lilburn Walwyn and others who owned the Book called England's new chains did commit them to the Tower The Estates of the Netherlands summoned and examined their Ministers and disallowed what they had done in relation to King Charles II. And forbad them all to meddle with State matters in their Pulpits without leave of the Magistrate The Council of State perfected the particulars for incouragement of those who shall ingage for Ireland and Lieutenant General Cromwell declared himself willing to undertake that service 30. Vote that Gresham Colledge be not exempted from the assessment to the Army nor the Doctors in Doctors Commons nor the Counties in Wales formerly exempted Order that the Speaker do sign such Letters as shall be thought fit by the Council of State to the States of Hamburgh touching Merchants Upon a Petition of the Borough of Southwark of the inequality of their rates with the County of Surrey the House held their desires just and Ordered that in all future rates they should pay the eight part of that assessed upon the County of Surrey Order for the Committee of Goldsmiths Hall to form the Votes concerning compositions of Delinquents and to have them printed and published that none may plead ignorance of them Referred to the Committee of the Army to make provision of four thousand Cassocks and breeches to be disposed of by the General to his Foot Souldiers in regard of the smallness of their pay Upon the Report of Alderman Atkins that the Lord Mayor desired to be excused from proclaiming the Act for abolishing Kingly Government the House Ordered that he be summoned to attend at the Bar to answer his contempt and disobedience herein 31. Upon a Report from the Council of State that Lieutenant General Cromwell accepted of the service for Ireland and would endeavour to the utmost of his power with Gods assistance to carry on that work against the Rebels and all that adhere to them Voted that the House doth approve of Lieutenant General Cromwell to be Commander in chief of all the
and in the same sence are used in the Customary That which puts it further out of scruple is that there are yet extant the Manuscripts themselves of the Saxon Laws made in the Parliamentary Councels held by them here which are in the Language and Character of those times and contain in them many of those things which are in the Norman Customary It is no improbable Opinion that there was a former establishment of our Laws in Normandy before the time of H. 1. and that it was by Edward the Confessor who as all Writers of our History agree was a great Collector and Compiler of our English Laws He lived a long time with his Kinsman Duke William in Normandy who was willing to please the Confessor in hopes to be appointed by him to be his Successor wherein the Dukes expectation did not fail him The Confessor having no Children and finding Normandy without a setled Government and wanting Laws advised with his Kinsman Duke William to receive from him the Laws of England which he had collected and to establish them in Normandy which Duke William and his Lords readily accepted for the Good of their People and thereby obliged the Confessor Another Proof hereof is That such Laws as the Normans had before the time of D. William were different from those in the Customary and from the English Laws As their Law that the Husband should be hanged if the Wife were a Thief and he did not discover it The meaner People were as Slaves and the like and the trial of Theft by Ordeil which then was not in England Wigorniensis reports That the Normans who came in with Queen Emma the Wife of Ethelred were so hated of the English for their Injustice and false Judgment that in the time of King Canutus they were for this cause banished and it is the less probable that they being so unjust themselves should introduce so just Laws as ours are Between the Conquest of Normandy by Rollo and the Invasion of England by Duke William there were not above 160 Years that of Normandy was about An. 912. that of England An. 1060. It is not then consonant to reason That those Normans Pagans a rough Martial People descended from so many barbarous Nations should in the time of 150 Years establish such excellent Laws among themselves and so different from the French Laws among whom they were and all parts in the World except England And such Laws which were not onely fit for their Dukedom and small Territory but fit also for this Kingdom which in those dayes was the second in Europe for antiquity and worth by confession of most Forreign Historians If we will give Credit to their own Authors this Point will be sufficiently evinced by them these words are in the Proheme of the Customary which is titled Descriptio Normanniae Hucusque Normannicae consuetudinis latorem sive datorem Sanctum Edvardum Angliae regem c. The same is witnessed by Chronica Chronicorum That St. Edward King of England gave the Laws to the Normans when he was long harboured there And that he made both the Laws of England and Normandy appears sufficiently by the conformity of them for which he cites several particulars as of Appeals and the Custom of England ad probandum aliquid per credentiam duodecem hominum Vicinorum which he sayeth remained in Normandy to that day Polydore forgetting himself what he wrote in another place sayeth of King Henry the Seventh That when a doubt was made upon the Proposal of Marriage of his Daughter to Scotland that thereby England night in time be subject unto Scotland The King answered No and that England as the greater will draw it to Scotland being the less and incorporate it to the Laws of England as sayeth the Historian it did Normandy though the Owner thereof was Conquere in England And Sir Roger Owen in his Manuscript affirms That there is not any of our Historians that lived in the space of 200 Years immediately after the Conquest which doth describe our Laws to be taken away and the Norman Custome introduced by the Conquerour Some of them and not improbably mention the alteration of some part of them and the bringing in some Norman Customes effectual for the keeping of the Peace There is yet behind the great Argument most insisted on and often urged by the Gentlemen of another Opinion which is the Title of William who is called the Conquerour from whence they conclude That by his Conquest he changed the Laws and Government of this Nation and that his Successors reckon the beginning of their Reigns from his Conquest To this is answered that â posse ad esse non valet argumentum the conquering of the Land is one thing the introducing of new Laws is another thing but there is direct Proof to the contrary of this Argument Duke William never surnamed himself the Conquerour nor was so called in his life time as may appear by all the Letters Patents and Deeds that he made wherein he is called Gulielmus Rex Dux c. never Conquestor and our antient Historians give him the same Titles and not that of Conquerour In the Title of Nubrigensis's Book he is surnamed William the Bastard Malmsbury calls him W. 1. Hoveden W. the Elder Adam de Monmouth sayeth That 1. E. 3. this word Conquest was found out to denote and distinguish the certain Edward because two of the same name were Predecessors to this King and to the Conquerour who claimed the Crown as Heir to Edward the Confessor but saith he we call him the Conquerour for that he overcame Harold Duke William himself claimed to be King of England as Successor and adopted Heir of the Confessor by his Will and Harolds renouncing of his Title by Oath The Register of St. Albans Math. Paris and others attest that the Barons of England did homage to him as Successor and he relyed on them in his Forreign Wars and the check given to him by the Kentish men and the Forces gathered by the Abbot of St. Albans brought him to ingage to confirm the Laws of the Confessor and as his Successor by legal right they admitted him to be their King Volaterus writes That he was made Heir to the Confessor and was Vncle to him Another affirms That Edward by his Will left England to him Paulus Aemilius and Fulgasius are to the same purpose Pope Alexander the Second sent him a Banner as witness that with a safe Conscience he mighe expel Harold the Tyrant because the Crown was due to him by the Confessors Will and by Harolds Oath Agreeable hereunto are Gemiticensis Walsingham Malmsbury Huntington Ingulphus Paris Pike Wendover Caxton Gisborn and others The antient Deeds of the Abby of Westminster which were sometimes in my Custody do prove this King William in his Charter to them sets forth his own Title to the Crown thus Beneficio Concessionis Cognati mei gloriosi Regis Edvardi In his
some discontent in Collonel Okey and his Party for chat the taking of General Leven and those with him was misrepresented to the Parliament and General and that right was not therein done to others as well as to Collonel Alured and his Party An Account from Hull of Recruits sent for Scotland 3. Letters That in Scotland they report the King to have entred London in Triumph and to be shortly Crowned and that Middleton was upon the Borders with 8000. That the Ministers gave Thanks in their Pulpits for the great Victory obtained by their Forces in England That they were confident that the Lord General went not about to Conquer Kingdoms to attain Titles or Territories to propagate his Praise or Promotion but the Publick Peace the Prosperity of the People and the Praise of God more than the Praise of Men. That the Soldiers seized a Man of War in the Harbour of Aberdeen That the Marquess of Huntley with 600 Horse and 1000 Foot was marched into the Highlands and that Balcarris had some Forces 4. Letters of four Soldiers in Scotland sentenced for robbing a Country-man of 7 l. to be led to the Gallows with Ropes about their Necks and there to have 30 Stripes and to be kept in Prison with Bread and Water till they had restored four Fold to the Country-man and asked him forgiveness on their Knees That Evandale Castle was surrendred upon Conditions and that divers Gentlemen returned to their Habitations about Lieth and ingaged to live quietly and submit to the Parliament of England 6. Letters That the Earl of Derby was tryed at a Court-Marshal at Chester at which were 20 Officers Captains and above that Degree five Collonels Major General Mitton and Collonel Mackworth the President That the Earl confessed the Plot for a General Rising of the Presbyterians in Lancashire to joyn with the King but it was disappointed by the apprehending of Mr. Birkenhead That Sir Tho. Tiddesly Major Ashurst and Major General Massey were principal Actors in that Conspiracy He confessed the matters of Treason charged against him and submitted to the mercy of Parliament And for Plea 1. He alledged he had Quarter given him and therefore was not to be tryed by a Court-Martial for Life but this was over-ruled by the Court. 2. He pleaded ignorance of the Act of Treason set forth by the Parliament which Plea was also over-ruled and the Court sentenced him to be beheaded for his Treasons at Bolton where he had killed a Man in cold Blood The Earl seemed very desirous of Life and petitioned the Lord General upon the Point of his having Quarter but had no relief from him The Court sentenced Sir Tho. Feverston to be beheaded for the same Treasons and Captain Benbow to be shot to death The Parliament ordered Dr. Drake and several Ministers and others to be tryed by the High Court of Justice for being Conspirators with Mr. Love Letters That the Lord Argyle was fortifying his House and other Places in Scotland and that the Lords and Gentlemen thereabouts came slocking home and were willing to close with England That the Remonstrants Kirk Party damned all that was done by the other Kirk Party who were for the King That Marquess Huntley was much disappointed by the Countries refusing to come in to him and that now they begin to fear that their Army in England is defeated 7. The Parliament ordered Three Regiments of Horse and Five Regiments of Foot and 30 single Companies to be disbanded for the ease of the Common-wealth and several Garrisons to be slighted The Committee for regulating the Law ordered to sit de die in diem An Act passed for the increase of Shipping and incouragement of the Navigation of this Nation 8. Letters That Captain Young who commanded the President Frigot coming to the Isle of Man summoned it for the Parliament but the Countess of Derby being there returned answer That she was to keep it by her Lords Command and without his Order she would not deliver it up being in duty bound to obey her Lords Commands 9. Orders of Parliament for disbanding several Regiments and Companies and some to be sent for Ireland and the Council of State to issue Warrants for Money for those disbanded and for pay of the Garrisons that are to be dismantled The Bill committed for setting a time for the ending of this Parliament and for calling a new one 10. Letters of difference between the Marquess Huntly and Argyle That the Pickeroons are busie upon the West of England and that one of Prince Ruperts Fleet that ran from him was come into Weymouth Harbour Letters of 1000 Scots Prisoners shipped out of Shrop-shire and of Collonel Cobbetts Regiment gone for Scotland Collonel Vaughan Dr. Drake and Captain Massey were tryed by the High Court of Justice for being in the Conspiracy with Mr. Love and they submitted to the mercy of Parliament 13. Letters That the Earl of Derby attempted to escape and was let down by a Rope from the Leads of his Chamber but some hearing a noise made after him and that he was re-taken upon Dee Bank He wrote a handsome passionate Letter to his Lady to comfort her and advised her as then matters stood to surrender the Isle of Man upon good Conditions Of divers Castles in Scotland surrendred to the Parliament of England and that their new Levies go on there very slowly 14. The Parliament sate in a Grand Committee about the Bill for putting a Period to this Parliament and appointing a new one and ordered to sit every day except Wednesdays for 14 days about this Bill Order for the Forces reduced out of the Garrisons to be put into Regiments and to march for Scotland and Ireland and the standing Army to be put into Garrisons 15. Several Petitions from Mr. Jenkins Mr. Case and others who were in the Conspiracy with Mr. Love by way of humble acknowledgement and submission The Parliament pardoned them all and ordered the Commissioners of the Great Seal to pass their Pardons 16. The Lord Major Aldermen and Common-Councel of London kept a special Thanksgiving-day for Gods Mercies to the Common-wealth and feasted at Guildhall Letters That divers Scots Ministers were permitted to meet at Edenburgh to keep a day of Humiliation as they pretended for their too much compliance with the King That the Northern Scots were got together 1800 but divided among themselves From Ireland That Collonel Zanchey took 30 Tories Prisoners and redeemed many English Prisoners and another Party took 60 more of the Tories That the Irish stormed and took Rosse but quitted it upon approach of the Parliaments Forces That they lost 20 Men and killed 15 of the Parliaments 17. Letters That Collonel Okey and three other Regiments quartering in the Country about Monrosse the Gentlemen finding that all their Provisions would be eaten up petitioned them to remove and ingaged to come in themselves and to
the Citizens and 30 of them and of the Inhabitants were Slain by the fall of Timber and Houses on fire upon them Some small Skirmishes were between little parties of the Highlanders and the Parliaments Forces 31 Voted by the Parliament that any Natives of the Commonwealth may transport Wheat when the Price shall not exceed six and thirty Shillings the quarter paying Four-pence the Quarter Custome And Rye when it exceeds not Four and twenty shillings the Quarter paying three pence the Quarter Custom And Barly or Mault when the Price of it exceeds not twenty shillings the Quarter paying two pence the Quarter Custom And Pease not being above four aâ—d twenty shillings the Quarter paying three pence the quarter Custom And Beans not being above four and twenty shillings the Quarter paying three pence the Quarter Custom The Corn to be transported in Vessels of this Commonwealth Butter to be transported when it is not above six pence the pound A Bill to be brought in for this purpose November 1654. 1. Nov. The Officers of the Army met at St. James's to keep a day of praying together The Resident of the Duke of Guelders had Audience of the Protector declaring the late decease of his Master and the acknowledgment he made upon his death bed of the Favours and Protection he had receiv'd from the Protector desiring the continunuance of his Favour and Protection to his Son 2 The Lord Lorn the Marquls of Argiles Son continued in Rebellion against his Father Collonel Hammonds Funeral solemnized at Dublin with much State 3 The Parliament sat upon the Articles of Government and voted the forfeiture of Lands for Treason and Delinquency 4 Petitions of the Lord Craven Sir John Stowell and others referred to several Committees 6 Debate about the Bill for Ejecting Ignorant and Scandalous Ministers and School-Masters and Voted That in the mean time the Ordinance for Ejecting them passed by the Protector and his Councel shall not be suspended Order for Accounts to be brought in of the value of all Customs and Receipts in several Offices Petition of the Doctors of the Civil Law in behalfe of themselves and their profession was referred to a Committee A Committee of Ten persons appointed to confer with His Highness about stating the Point of Liberty of Conscience 7 Order to examine and punish the Authors and publishers of a Scandalous and Treasonable pamphlet entituled Collonel Shapcots speech in Parliament and the Sergeant at Arms to seize the Copies 8 The Protector and his Councel considered of the Nomination of new Sheriffes in the several Counties 9 Long debate by Councel at the Committee for the Lord Cravens and Sir John Stowells Petitions 10 Debate in Parliament upon the Articles of Government That the Supream Legislative power shall be in one Person and the People assembled in Parliament being the first Article And upon the 24 Article That if the Protector consent not to Bills presented to him within twenty days that they shall pass as Laws without his consent This Letter came from Seldon to Whitlock My Lord I am a most humble Suitor to your Lordship that you would be pleased that I might have your presence for a little time to morrow or next day Thus much wearies the most weak hand and body of Novemb. 10. 1654. White Fryers Your Lordships most humble Servant J. Selden Whitlock went to him and was advised with about settling his Estate and altering his Will and to be one of his Executors But his weakness so encreased that his intentions were prevented He dyed the last of this Month. He lived at the Countess of Kents house in the White-Fryers His mind was as great as his learning He was as hospitable and generous as any man and as good Company to those whom he liked The Primate of Ireland preached his funeral Sermon in the Temple Church and gave him a great and due Eulogie 11 The Parliament agreed upon the first and 24th Articles of Government with little alteration 13 A Petition of the Purchasers of the Lord Cravens Estate referred to the former Committe likewise a Petition of Sir John Stowell The King of Swedens Marriage was solemnized at Stockholm the 14th of October last 14 Prince William of Nassaw received by the Province of Over-Issell to be Governour there during the minority of the Prince of Orange 15 The House proceeded in the debate of the Articles of Government They considered of an Assesment for the preventing of free Quarter The Lord Lorn sent parties into his Fathers Countrey to steal Cows 16 The Parliament voted His Highness to be Lord Protector c. during his life They debated about the business of the Militia by Sea and Land 17 A List published of the several Sheriffs for England and Wales agreed on by the Protector and his Councel Much debate at the Committee concerning the Lord Cravens and Sir John Stowels business A Fire in Amsterdam quenched by casting Sand upon it Some few of Middletons party in Scotland roaming up and down were routed by the Parliaments Forces The Funeral of the Protectors Mother Solemnized at Westminster Abby 20 The Parliament sat Forenoon and after-noon upon the Government and agreed fully upon the first Article and the 24th 21 Vote for an Assesment of 60000l a month for three months to be laid on England Petition concerning Sir Peter Vanlores Estate referred to a Committee Some small Skirmishes were in the Highlands 22 A Committee appointed to consider of the Accounts of the Kingdom and who have any publick moneys in their hands The King of Scots was at Colen and the Queen of Bohemia went to Flanders to visit the Queen of Sweden 23 The House in the Forenoon upon the Government and in the Afternoon upon the Assessment 24 Five Hundred Irish were landed in some Isles of Scotland to joyne with Middleton and Seaford 160 horse more were to joyn with them and to force the Clans to rise with them The Parliament voted That no Law should be altered or repealed nor new Laws made nor any Tax imposed but by assent of Parliament 25 The Parliament voted That a new Parliament should be summoned to meet upon the third Monday of October 1656. They called for a Report from the Committee for Regulating the Chancery Seven English Ships and divers Forreign Ships cast away by a storm near Dover 27 The Parliament passed several Votes touching Qualifications of persons to be chosen to serve in Parliament and for the Electors Vote that a new Parliament shall be every third year and not to sit above six Months but by Act of Parliament with the Protectors Consent and that to be but for three Months longer That the Protector may Summon Parliaments within the three years if he see Cause to sit for three Moneths and the Summons to be by Writ according to Law The Chancellor or Commissioners of the Seal to issue Writs
doubtful thoughts in the Commissioners of the Seal who knew the Authority of that Court was design'd to be lessened and they were not consulted in this Matter yet they took no notice of it but went on in the Ordinary course of their Proceedings Upon the Lords Day March 11. a Party of about Two hundred of the New Conspirators came into Salisbury at Midnight seized upon many Horses and took away the Judges Commissions being then in their Circuit in that place and they Marched from thence Westward whereof Captain Vnton Croke having timely Intelligence pursued them with his Troops and at South Molton in Devon overtook them and after a sharp Conflict Routed them took Captain Penruddock Jones and Grove and Five hundred common Persons Prisoners Sir Joseph Wagstaff then Chief Comander hardly escaping There were other Risings in Northumberland and in Yorkshire of whom Sir Henry Slingsby was taken Prisoner and others and Sir Richard Moleverer hardly escaped Many of the Conspirators were tryed by a Commission of Oyer and Terminer at Salsbury and Exeter Mr. James Decoy was Clerk to the Commissioners and did some service to Sir Henry Moor Sir George Browne and others who were of that Plot in helping to favour them for which I suppose they were not ungrateful Penruddock and Grove were Beheaded Lucas of Hungerford and others were Executed and the Prisons were filled in those parts Letters from Scotland informed That Middleton was said to be Landed there again with new Supplies from the King who was also expected to come thither shortly with a great Force and store of Mony and his Brother the Duke of York to come a little before him Upon this News former Treaties were broken off and in divers Parts New Levies began to be made for the King The Protector and his Council Publish'd an Ordinance Appointing Commissioners for Approbation of Publick Preachers Another for passing Custodies for Idiots and Lunaticks Another for continuing the Act for Impresting of Seamen He and his Councel and Officers kept a day of Solemn Humiliation and Fasting the which was also observed throughout London and Westminster Brest men did much mischief to the Merchants of Bristol and the Western parts who complained thereof The Parliaments Commander in Scotland apprehended divers of the Kings party The Lord Mayor and the Militia of London attended the Protector with their fuit to him to give leave to revive the Artillery Company in London for the better exercising of the Citizens in Arms and they undertook that none but well affected persons should be admitted into that Company to which the Protector assented Letters that Collonel Hacker had apprehended several of the Conspiratours in Notinghamshâ—re Leicestershire and those parts and kept them all in awe Captain Howard had given to him the Command of Collonel Rich his Regiment An Agent from Portugal brought the Ratification of the Treaty between England and Portugal Several Examinations were taken about the late Risings and Plots The Duke of Lenox dyed at London Letters from Scotland that they were in a quiet condition The Protector by the advice of one Gage a Minister who had been long in the West Indies set forth a gallant Fleet under the Command of Vice-Admiral Pen with a great party of Land-Soldiers under the Command of Vinables many were very eager to ingage in this design being given out in general to be very rich and that it was for the West Indies but it was kept very secret till the Fleet had been gone along time which arrived at the Barbadoes in this month and the thirtieth day of it set sail from thence and steered their Course towards Hâ—spaniola one of the fairest and richest Islands in America under the King of Spains Dominions Who having some inkling of this design sent the Marquis of Leda his Ambassadour to the Protector and the Marquis finding how things went quickly returned to his Master April 1655. April 1655. The Protector and his Councel issued many Orders for the apprehending of several persons suspected to be in the late Plot and they were brought to White-Hall and there examined by the Protector and Secretary Thurloe some of them were discharged but more of them were Committed Collonel Birch and others were secured in Hereford-shire and divers in Northumberland Letters that the Brest Pirates took some English Ships and that General Blake was gone from Tunis to Maltha to demand satisfaction for some Piracies done there upon English men The Protector feasted the Commissioners for approbation of Ministers he sate at the Table with them and was chearful and familiar in their Company and by such kind of little Caresses he gained much upon many persons The King of Sweden sent a Letter to his Highness the Lord Protector in behalf of Lord Lauderdale and his Brother Laundie And the Lord Douglas writ likewise from Stock-holm into England For the release of his poor Kinsman not doubting but that his Highness as a Gratious Prince might be moved to compassion having no powerful or any opposition at all in any of the three Kingdoms For since it hath pleased the Lord of Hosts to bless his actions in such a height that by his valâ—ur his Highness has not only subdued superior and all other power that was against him but also by prudent Conduct of Affairs hath Established himself and these three Nations in one Peaceable Estate What could that augment to his greatness to let his goodness and compassion be made known to the world that he shews upon those whose Lives and Fortunes he has in his hands Upon this Letter and the recommendation from the King of Swedland favour was procured from the Protector to the Lord Lauderdale and his Brother and considerable services were done for them but when the times altered they Scots like remembred nothing of it nor ever returned the least kindness or gratitude for all the good Offices were done them Letters from Scotland of new designs and endeavours of the Enemy there to raise Forces The Protector sent Letters to the Justices of the Peace in York-shire and in most Counties for the watching and apprehending suspitious persons as to the new designs on foot against the Peace of the Common-Wealth and the matter of the Letters was carefully executed Letters were sent to the Lords Commissioners of the Great Seal to attend a Committee of the Council at the Council Chamber They attended accordingly and were acquainted with this Order Monday 23. April 1655. At the Council at White-Hall Ordered by his Highness the Lord Protector and the Councel That the Lords Commissioners of the Great Seal do proceed according to the Ordinance of his Highness and the Councel Intituled An Ordinance for the better regulating and limiting the Jurisdiction of the High Court of Chancery Henry Scobel Clerk of the Councel The Chair-man told them That this Ordinance was made upon
with a Retrospect and to judge the Cause beforehand but it would be more equal to leave the Commissioners to judge upon all Circumstances and the whole Matter to be before them which would not be if they were tied up by Rules nor could they then proceed secundum aequum bonum The Ambassador replied somewhat impatiently That he should be glad to know whether his Highness and the Councel did intend or not as he hoped they did that restitution should be made to those who had suffered Damage being our Friends during our War with the Dutch and that without some rules to be given to the Commissioners for restitution it would be impossible ever to expect any Satisfaction for their Damages The Lord Fiennes said That it did appear that his Highness did really intend that a just satisfaction should be made for any wrongs done or else he would never have consented to this extraordinary way of Referring it to Commissioners whereof the one half were to be Swedes to determine those Matters when he might have left those Matters to the ordinary Judicatory of the Nation the Admiralty Court for a final determination Whitelock said That the Admiralty Court here did proceed according to the Law used amongst most Nations in Europe in Maritime Affairs and was the Judicatory which both the English themselves and their Friends were to submit unto if they had done any wrong the same would be now examinable before the Commissioners and the Lord Protector had shewed a very real desire to give Satisfaction to the King of Sweden and to his Subjects by consenting to have Commissioners to determine these Matters which he might have left if he had pleased to the Ordinary Judicatory of his own People in the Court of Admiralty The Ambassador had some other touches about Contrebanda Goods and the Lord Fiennes said That they were informed that by the Civil Law Pitch and Tar and Hemp were accounted Contrebanda Goods wherein Whitelock was not so fully satisfied as to second him in this point The Ambassador said That he wished he might have had the happiness to have known the mind of his Highness and the Councel in these Matters 4 or 5 Moneths agone that then he might have returned to his Master and not to have staid so long a time here to no purpose That he could not now stay so long as to send to his Master as the Lord Fiennes moved and to have his Answer concerning these Commodities as to Contrebanda Goods He likewise desired to be excused that he could not consent to a proposal on our Part that Rebels goods and prizes being brought into each others Harbours should be seized upon and all taking Commissions from Charles Steward or from any Prince or Person who was not in Possession of any Territories should be taken for Pirates Whitelock said That there was a clear difference between Enemies and Rebells agreed by Grotius and the antienter Civilians that where there is an Allegiance there to take up Arms is Rebellion where there is no Allegiance there they are Enemies The Lord Fiennes proposed to leave out the words Charles Steward and to let the Article go generally of taking Commissions from any who had no Territories and agreed the difference between Rebels and Enemies The Ambassador said They were all one that were in Arms against them that he could not Consent to any part of this Article That if he should it would make many to be their Enemies which now were not and those of Dunkirk and Ostend would fall upon their Ships That Sweden had never medled with the differences amongst us in England That whatsoever was reasonable in this kind was already sufficiently provided for as against Rebels and Traytors by the Treaty made by the Lord Whitelock at Vpsale The Commissioners came away appointing to meet with the Ambassador again on Tuesday next June 1656. 14. The Swedish Ambassador was now in hopes that they should agree having had Audience of the Protector and received much kindness from him and had some discourse with the Protector about the great business of the Protestant Interest and hoped that some thing might be done in it 19. Letters that the Peace between us and Portugal was now lately confirmed there and the Mony paid according to the Treaty July 1656. 10. The full Ratification of the Treaty with Portugal was this day presented to his Highness The Lords Commissioners of the great Seal sitting at the Temple sealed the writs of Summons for a Parliament to meet the 17th of September The Protector by Warrant to Sr. John Barkstead Lieutenant of the Tower discharged Mrs. Lucy Barlow from Imprisoment she had a young Son with her which she publickly declared to be King Charles his Son and that she was his Wife The Officers found a Grant when she was apprehended signed Charles R by which she had an Annuity or yearly Pension of 5000 Livres granted to her for her life with an Assurance to better the same when it should please God to restore him to his Kingdoms and it was subscribed by his Majesties Command Edward Nicholas 17. The Lord Fiennes Strickland and Whitelock met at the Swedish Ambassador's house where they signed and sealed the Treaty agreed on both parts and concerning the carrying of Pitch and Tar c. to Spain during our War with them there was a single Article that the King of Sweden should be moved to give Order for the prohibiting of it a kind of undertaking that it should be done It was very late before they had done signing of them The Protector gave a Commission under the great Seal to the Lord Fiennes Whitelock and Strickland to Treat and Conclude with the Ambassador which Commission was then read at the signing of the Articles as was the Commission of the King of Sweden under the great Seal of Sweden to the Ambassador giving him power to Treat and Conclude 25. The Swedish Ambassador having taken his leave of the Protector received great civilities and respects from him and afterwards dined with him at Hampton Court and Hunted with him The Protector bestowed the dignity of Knighthood upon one of his Gentlemen Sr. Gustavus Du Vale the Mareschal August 1656. 13. The Ambassador of Sweden dined at Sr. George Ayscough's house in Surrey where they had very noble Entertainment The House stands Environned with Ponds Motes and Water like a Ship at Sea a fancy the fitter for the Masters humour who is himself so great a Seaman there he said he had cast Anchor and intended to spend the rest of his life in a private Retirement The Ambassador understanding the Abilities of Sr. George in Sea affairs did according to his custom endeavour to improve his own knowledge by his discourses and questions to the Company according to their several capacities and abilities he therefore found many questions to demand of Sr. George and had much discourse with him about Sea matters
between the two Nations and all jealousies removed That the Priviledge of Parliament may be so qualified that men may recover their Debts That the publick Revenues may be imployed to publick use and the Taxes of the City abated That the compositions of Delinquents may be imployed to pay the Debts owing to the City and Citizens That Plymouth Duty may be taken off That the Committee at Haberdashers Hall may be dissolved That the reducing of Ireland may be considered That the Letter of the Parliament of Scotland to this City may be returned That the City may enjoy the Militia as it was presented at Uxbridge Treaty That Quatermaine may be punished for his affront to this City That the Lord Mayor may be vindicated That none of their expressions in this Remonstrance may be interpreted as charging any thing upon any Members of the House or intrenching upon their Priviledges and profess their readiness to serve the Parliament The Lords returned answer acknowledging the great Services and Merit of the City and giving them thanks for the testimony of their Duty and good Affections The Commons had a long debate upon this Petition many expressed great offence at it and that the City should now prescribe to the Parliament what to do and many sober men were unsatisfied with this action of the City and looked upon it as wholly a design of the Presbyterian Party and it was not liked They came at last to this Answer That the House had debated their Remonstrance and Petition and would take it into Consideration in convenient time A Committee appointed to receive an Information of importance from a Member of the House The King sent orders to the Marquess of Montross to disband his Forces Lieutenant Col. Coffes-worth was slain by a shot from Oxford A Pass was desired for the Lady Aubigney to go forth of Oxford but was denyed Radcot House was surrendred to the General Col. Whaley Besieged Worcester and Col. Morgan besieged Ragland Castle 27. The Monthly Fast day A Petition from the Ministers of Essex c. that Church-Government might be setled answered that it was in consideration Order to revive a Committee for examination of divulging and maintaining Heresies 28. The Lords passed an Ordinance for taking away the abuse and delay in writs of Error A Conference about the disposal of the Princess Henrietta Debate about compositions of Delinquents and many Ordinances passed the House for them 29. A long report and debate touching the transactions between the Parliaments Commissioners and the Scots before Newarke The Kings Letter to the Governor of Oxford to surrender that Garrison upon honourable terms was read and voted unsatisfactory and not to be sent Some Sallys were made out of Worcester upon the Besiegers but they were driven back Sir Trevor Williams fell upon the Ragland horse at Vske killed about sixteen of them and took twenty Prisoners and the next day he siezed upon eighty of the Kings horse as they were grazing under the Castle wall the Garrison burnt the greatest part of Ragland Town The Forces before it of Col. Morgan Major General Laugherne and Sir Trevor Williams were in all about five thousand 30. A further report from the Commissioners who resided in the Scots Army before Newarke of their transactions with the Scots and of several Papers and Petitions and of divers complaints against some of the Scots Forces for plunderings and misdemeanours of the Scots and proof thereof by Witnesses examined The House approved what the Commissioners had done and gave them thanks for their good service herein and Ordered a Committee to peruse those Papers Petitions and Examinations and to make a full report thereof and touching the Scots surrender of the English Garrisons in their hands Thus the matter of discontent began to increase betwixt the two Kindoms the Presbyterian Party here sought as far as modestly they could to support the interest of their Brethren of Scotland Others did not spare to aggravate matters against them the General was much inclined to the Presbyterians Cromwell and his Party were no friends to their designs of conformity but carried their business with much privacy and subtilty The House proceeded upon the propositions for Peace and voted to have the Militia in the hands of both Houses of Parliament not complying with what the King desired herein Many Sober men and lovers of Peace were earnest to have complyed as far as in safety they might with what the King proposed from Nen-Castle but the Major Vote of the House was contrary and for the most part the new elected Members took in with those who were averse to a complyance with that which his Majesty propounded and their number swayed very much upon the questions June 1646. June 1. Letters of the sufferings of the Northern parts by the Scots Army who instead of eight thousand pound per men have charged nine thousand pound a Month and the refusers or persons not able to pay are plundered and cruellyused referred to a Committee to state the matter to the House They desired the Lords concurrence to their former vote That this Kingdom hath no further need of the Scots Army A Paper from the Scots Commissioners here desiring present Moneys for their Army auditing of their Accounts and payment of their Arrears referred to a Committee to draw an answer to it Progress upon the Propositions for Peace The General sent honourable conditions to the Governor of Oxford who desired a day or two to consider of them the General had all things ready for a Storm Charles Fort was surrendred to Col. Welden for the Parliament upon Articles Major General Mitton Besieged Caernarvon Denbigh Flint and Holt Castles 2. An humble acknowledgment and Petition of many thousands of London was presented to the House setting forth the power of Parliaments and the labours and successes of the present Parliament which causeth the more opposition against them Prayes them to proceed in managing the affairs of the Kingdom according to their own best wisdoms and the trust reposed in them and to punish Delinquents and procure Peace And that they would never suffer the free born people of this Kingdom to be inslaved upon what pretence soever nor any other to share with the Parliament or to prescribe to them in the Government or Power of this Nation That the Petitioners will stand by the Parliament with their Lives and Fortunes This was a Counter Petition to the former from the City and now the designs were to make Divisions Arms beginning to fail The Petitioners were called in and had thanks for their good affections Ludlow Castle was surrendred to the Parliament Progress in the business of the Church Hudson escaped from New-castle the French Agent was busie there 3. Order for pay for the Garrison of Henley Orders for Money for Reading and Abbington Garrisons The Ordinance for Church-Government sent up to the Lords Referred to the Committee of both Kingdoms to
16. To establish the Declaration of both Kingdoms 30 June 1643. with the qualifications of exception from Pardon both English and Scots and the names of those made incapable of Office and such as have deserted the Parliament 17. To make void the Cessation in Ireland the War there to be left to the Parliament and the same Religion to be setled there as in England 18. The Militia and Tower of London to be in the Government of the City and their Charters to be confirmed 19. All grants and Process under the Great Seal here to be confirmed and all by any other Great Seal to be void and the like for Ireland and all Honours granted since the Cessation there to be void And all these particulars to be pass'd by several Acts of Parliament 14. Order for disposing and paying the Forces under Major General Massey Differences between the Soldiers and Towns-men of Exeter referred to a Committee to be composed and orders for pay of that Garrison Search ordered for Materials for coining in some Trunks The Commissioners set forth with the Propositions Letters informed that Montrill the French Agent came to New-Castle and brought letters from the Queen to the King advising him to make Peace upon any Terms at which the King was very joyfull That Montross desired liberty to go beyond Sea and that great levys of men were made in Scotland and the Garrisons of New-Castle Carlisle and Berwick re-inforced by the Scots who lay heavy upon Northumberland and the Bishoprick of Durham 15. An Ordinance committed for setling three hundred pound per An. on Mrs. Burghill whose Husband was slain in the Parliaments Service and upon their Heirs Upon Information of the Master of the Ceremonies an Order for the reception of the French Ambassador One Grady and Irish Rebels and other Papists apprehended and committed and orders for apprehending all of their condition and a day set for their departure out of London Orders for pay for several Forces The Kings answer to the Letters of both houses for delivery up of the Garrisons in Ireland into the the hands of such as the Parliament should appoint was read and was very General expressing great desires of Peace and that the Propositions for it might be speedily sent to him And that business being once well setled those Garrisons and all the rest of the Forces will be ordered for the publick good 16. Great complaints from Cumberland and Westmorland of the heavy pressures of the Scots Army Ragland Castle held out the Siege some of their Officers as M. Price and others were taken Prisoners by L. G. Morgan Major General Mitton Besieged Denbigh Castle Letters informed that the Rebels in Ireland were come within twenty miles of Dublin 17. Letters from Sir Tho. Fairfax gave an account to the House of the Treaty for surrender of Wallingford Castle and desired the direction of the House upon one Article insisted on by Col. Blagge That they might have no Oaths nor Covenants imposed upon them after the surrender The House ordered the General to continue his Siege of that Castle and would not allow of that Article Order that the Heads of Houses in Cambridge for bear cutting down of Timber in Colledg Lands till they had order from Parliament to do it An Ordinance sent up the Lords for fifty thousand pound for Ireland Monsieur Bellieure the French Ambassador was received in great State and usual Ceremonies in both Houses 18. A day of Thanksgiving appointed for the reducing of Oxford Litchfield was surrendred upon Articles to Sir Will. Brereton with all their Ordnance Arms and Ammunition 20 Montross demanded that his Son and the Gentleman with him might enjoy their liberty and Estates and he to go beyond Sea otherwise he resolved to hold out and not disband Letters informed great resort of Malignants English and Scots to the King The City of Worcester was agreed to be surrendred to the Parliament upon Articles 21. The day of publick thanksgiving for the surrender of Oxford 22. Debate of the French Ambassadors Message which was That he had in command from the Queen Regent and the King of France to interpose and endeavour a good reconciliation of the differences between his Majesty and the Parliament of England but seeing in what forwardness they were and the Propositions sent to his Majesty he had now nothing further to do but to take his leave and desired their Pass to go to the King and to the Estates of Scotland The Answer of the Parliament was That they took in good part and thankfully from the King of France his good affections and intentions to these Kingdoms and willingness to see their troubles over to end the which they had done and would continue to do their utmost But they could not agree that any Foraign State should interpose in the remaining Differences nor in particular the King of France by his extraordinary Ambassador And they agreed that he should have a Pass and be used with all respect and civility Mr. Herle voted to be Moderator of the Assembly Dr. Twist being dead Letters from Sir Thomas Fairfax of the surrender of Worcester and thanks ordered to be sent to him and his Messenger had a gratuity Letters from the Northern Committees of the insupportable burden upon them by the Forces there and relief of those Counties A Letter from both Houses inviting the Duke of York to come to London Order for an Ordinance for the Government of North-Wales and for Committees there The Lords pass'd a Declaration for restraining Malignants from coming to the King 23. A Committee appointed to receive complaints against such as have been in Arms against the Parliament with power to imprison Order for re-imbursing Commissioners of Excise Some Forces of the Eastern Association met at St. Albans in a kind of mutiny the House ordered them to return to their several Counties Order for a new Election Goring House ordered for the Speaker The Ordinance for sale of Delinqueuts Estates sent up to the Lords 24. Letters informed the surrender of Wallingford with a Copy of the Articles Several Ordinances pass'd for Compositions by Delinquents Order for the slighting of all the Garrisons in Worcester-shire except Worcester City and all the Horse there to be disbanded except eighty to attend upon the High Sheriff An Ordinance appointed to be drawn for obedience to be yielded to Committees so long as they should be continued and no affronts to be offered to them or to any publique Officer Order for a Collection for the poor in the places in Devon-shire visited with the plague Order for all the Horse in Bucks to be reduced to eighty only 25. The House did not sit The Commissioners arrived with the propositions at New-Castle and the King seemed well pleased 27. The Houses sate not many Letters came from the Northern Counties of the Miseries and devouring Charge indured by them from the Scots Army and
without the advice of both Houses of Parliament Additional power of Martial Law to the Lord Admiral An Ordinance transmitted to the Lords for raising three thousand pound out of the Estate of the late Lord Keeper Coventry towards reparation of Lieutenant Colonel Jo. Lilburne for two sentences against him in Star-chamber Order for the Committee of the revenue to state to the House what Offices and Places are injoy'd by Duke Hamilton Order for money for the holy Island and the Governour to have thanks and Sir Arthur Haselrigge to make up the men there an hundred Letters from the Lord Admiral for mony Letters from Colchester Leaguer that they sent five hundred Women out of the Town who came confidently towards Colonel Rainesboroughs quarters he commanded a Cannon to be shot off but so as not to hurt them they came on notwithstanding he ordered the firing of some Musketts at them with powder only still they came on then he sent out some Souldiers with orders to strip the Women which made them run but none of them were stripped The Town refuse to let these poor Women in again they stood between the Town and the Army the General sent to those in the Town to receive their Women in again tells them of their cruelty and that the blood of those miserable creatures must be answered for by them but they regarded it not One of the Horse of the Parliaments Centries being killed many of the Town came forth to fetch in the dead Horse and divers of them were killed yet got not the Horse the next day they came again and ventured their lives to cut off pieces of the stinking dead Horse to satisfy their hunger Debate upon the Ordinance of the Militia of London 23. Letters from Lieutenant General Cromwel that after the conjunction of his Forces with those in the North upon advertisement that the Enemy intended Southward and for London it self and that the Irish Forces under Monroe twelve hundred Horse and fifteen hundred Foot were on their march towards Lancaster to joyn with them That it was thought by the Council of war that to ingage the Enemy was their business and to that end the Army was quartered all night in the Fields and the next morning they marched towards Preston in Lancashire That having intelligence that the Enemy was drawing together thereabouts from all his out quarters Cromwel drew out a forlorn of two hundred Horse and four hundred Foot who gallantly ingaged the Enemies Scouts and guards till Cromwel got opportunity during this skirmish to bring up his whole Army That so soon as Cromwels Horse and Foot were come up they advanced with their forlorns and put the rest of the Army into as good a posture as they could the ground for the Horse being inconvenient miry and inclosures they pressed upon the Enemy through a lane forced them from their ground after four hours dispute until they came to the Town Into which four Troops of Cromwels Regiment first entred being well seconded by Colonel Harrisons Regiment they charged the Dukes men in the Town and cleared the Streets at the last the Enemy was put into disorder many were slain and many Prisoners taken The Duke with most of the Scots Horse and Foot retreated over the Bridge and the Parliaments Horse and Foot following them after a hot dispute betwixt the Lancashire Regiments part of the General 's and they being at push of pike they were beaten from the Bridge That the Parliament Horse and Foot pursuing them killed many and took divers Prisoners and possessed the Bridge over Derwent and a few Houses there that the Enemy being drawn up within Musket shot of them where they lay that night they were not able to attempt further upon the Enemy the night preventing them That in this posture they and the Enemy lay most part of that Night that upon their entring of the Town many of the Enemies Horse fled towards Lancaster and were pursued near ten miles with execution done upon them about five hundred of their Horse taken and many Prisoners That in the Fight they took from the Enemy four or five hundred Arms the number of the slain was about one thousand the Prisoners about four thousand That in the Night the Duke marched away about eight thousand Foot and four thousand Horse Cromwel followed him with about three thousand Foot and two thousand five hundred Horse and Dragoons and that in this pursuit Colonel Thornbaugh pressing too boldly was slain being run into the Body thigh and head by the Enemies Lances That Cromwels Horse still prosecuted the Enemy killing and taking divers in the way but by that time his Army was come up the Duke recovered Wiggon before they could attempt any thing upon them they lay all that Night in the Field dirty and weary where they had some skirmishing with the Enemy where they took Major General Van Drusk Colonel Hurrey and Lieutenant Colonel Ennis Prisoners That the next morning the Enemy marched towards Warrington made a stand at a pass which was disputed with great resolution on both sides for many hours at length Cromwel beat them from their standing killed about one thousand of them and took about two thousand Prisoners That Cromwel pursued them home to Warrington Town where they possessed the Bridge Cromwel coming thither received a Letter from Lieutenant General Bayly desiring some capitulation to which Cromwel yielded and gave Bayly these terms That he should surrender himself and all his Officers and Souldiers Prisoners of War with all his Arms Ammunition and Horses upon quarter for life which accordingly was done and here were taken four thousand compleat Arms and as many Prisoners and the Duke's Infantry ruined That the Duke marched with his remaining Horse being about three thousand towards Nantwich where the Gentlemen of the Country took about five hundred of them and the Country killed divers of their men That Cromwel sent post to the Lord Grey Sir H. Cholmeley and Sir Ed. Roade to gather all together with speed for the pursuit of the Enemy That Monroe is about Cumberland with the Horse that ran away and the Irish Horse and Foot and a strength was left to make resistance against them That the Scots Army were twelve thousand Foot well Armed and five thousand Horse Langdale had two thousand five hundred Foot and one thousand five hundred Horse in all twenty one thousand and in the Parliaments Army in all about eight thousand six hundred and of the Enemy about two thousand were slain and about nine thousand Prisoners taken besides what are lurking in hedges and private places which the Country dayly bring in or destroy A day of thanksgiving ordered for this great Victory Order for Provision of Shoes and Stockins for the Souldiers M r Sexby who brought up two Letters had one hundred pound given him and two hundred pound ordered to M r Berry for this service Order for Commissions to