them to have Fire-Arms or Ammunition 4. Letters that Argyle finding his Country men would not follow him by reason his Son the Lord Lorn was with the other party he left the Highlands That De Wit convoyed home to the Texel from the Sound the East-India Ships with 375 other Merchantmen and that about thirty Sail from Norwey were come home That young Trump was got home with his Merchantmen through the Channel That the English East-India Ships and other Merchantmen were safely arrived with their Convoy two Men of War and came in sight of young Trump who had Eight men of War yet did not exchange one Shot with them that a great Fleet of Colliers were come into the Thames 5. An Act passed for Repealing part of a former Act that enjoyns the subscribing the Engagement before one shall have the benefit of the Law A Bill committed for the taking away the High Court of Chancery and Constituting Judges and Commissioners for hearing Causes now depending in Chancery and future matters of Equity and for Reforming Abuses in the Common Law 7. Letters of the Cruelty and Insolency of the Highlanders under Kinmore That a Garison of the Parliaments took divers of them Prisoners and many Horses and Arms. Of the preparations in Holland for one hundred Sayl of Men of War 8. Debate of the Bill of the Assesments and the House Ordered the Rates to continue as before An Act passed concerning the Determination of certain Claims depending before the Commissioners of Obstructions 9. A Committee sate upon the Petition of Alderman Fowk late Lord Mayor of London 11. Of a Synode in Scotland among whom was great differences of Opinion with long and sharp Debates Of two French Prizes brought into Plymouth and an other pretending to be an Hamburgher Of a Frigot sent to Jersey for twenty Brass Guns and for two Companies of Soldiers Of two Dutch Prizes more brought into Alborough Sheriffs Nominated for the Counties of England and Wales 12. Letters of two Dutch Prizes brought into Burlington Bay That by great storms at Sea the Dutch lost twenty of their Ships driven a shore most of them Men of War And that De Wit was not returned That in the late storm two thousand Dutch Men were lost and four hundred and seventy Pieces of Cannon That in the storm fifteen breaches were made in the Banks of that Country and some Castles and whole Villages drowned 14. Letters of the French Capers doing much mischief to the English Merchants and cruelly using their Men and that they make Brest another Algiers That the great loss of the Dutch by the late storm at Sea hindred their Admiral Opdam from going forth with the Fleet. Order of Parliament touching the Redemption of the Captives of Algier Letters from the States of Lubeck and Hamburgh to the Parliament of England read in the House 15. The House Nominated some Sheriffs and Debated the Bill of Assesments Letters of a Party of the Highlanders falling upon a small Party of the English of whom they killed one and wounded three of them That Captain Watson fell upon a Party of the Highlanders and did them much damage Of thirteen Dutch and French Prizes brought into Plymouth most of them pretending to be Hamburghers 16. Orders touching claims for Moneys due upon Publick Faith and touching some Sheriffs of Counties 17. The Council of State published an Order Reciting the Trust reposed in them by the Parliament for this purpose they declare that the Council will protect all the good People of these Nations That no disturbance shall be offered to any such in their peaceable Assemblies for the Worship of God It is expected and required of all Ministers of Justice to proceed against the offenders therein as disturbers of the publick peace and all other persons to take notice thereof Order for a Lottery for Provinces and Counties in Ireland as to claims of land there 18. Letters that Kenmores party increased and took many Horses from the Lowlands who were generally their Friends That they plundered the Country and took some Prisoners that they received a Letter from their King that he could not assist them which discouraged them That by the late Inundation in Holland Amsterdam was damaged one hundred thousand l. That their Fleet being seventy two Men of War riding in the Texel were much shattered by the late violent winds sixteen of them lost and fourteen driven on shoar not above six left that were serviceable That the Seamen there are discontented that General Monk was gone down to the Parliaments Fleet. 19. Debate of the power of Patrons in Presenting Ministers and the inconveniencies thereof and Orders for an Act to take away Presentations An Act passed for setling Lands of the late Earl of Darby upon the present Earl his Son Order for a Bill touching the Excise and debate upon the Bill of Assesments That the Pickaroons of Bulloign took an English Merchant Man 21. That the Highlanders Garisoned several Houses that a Party of them took two Captains of Collonel Overtons Regiment going with their Wives to Glascow and took two Soldiers of Colonel Tomlinsons Regiment and that they plundered the Lord Warestons House An Act published for Establishing of a High Court of Justice A great Insurrection and Tumult was at the New Exchange between the Portugal Ambassadors Brother and some of his Company and Collonel Gerrard an English Gentlman who hearing the Portugueses discoursing in French of the Affairs of England told them in French That they did not represent those passages aright Whereupon one of the Portugueses gave him the lye and they all three fell upon Collonel Gerrard stabbing him in the shoulder with a Dagger but being rescued out of their hands by one Mr. Anthuser they retired home and within one hour returned with twenty more Armed with Breast-Plates and Head-pieces but after two or three turns not finding Mr. Anthuser they returned home that night 22. Letters that two thousand Dutch Prisoners of War in England were discharged and come home into Holland That young Trump was come home safe and so was the Dutch Ships from Bergen in Norwey The Portugal Ambassadors Brother returned again to the New Exchange with his Company and walking there they met with Colonel Mayo whom they supposed to have been Mr. Anthuser and shooting off a Pistol as a warning Fifty Portugueses came in with drawn Swords and leaving some to keep the Stayers the rest went up with the Ambassadors Brother and fell upon Colonel Mayo who gallantly defending himself received seven dangerous wounds and lies in a dying condition And then they fell upon Mr. Greenway of Lincolns-Inn who was walking with his Sister in one hand and his Mistriss in the other and Pistol'd him in the head whereof he dyed immediatly they brought with them several Jars filled with Gunpowder in their Coaches stopped with Wax and filled with Matches intending as it seemed to have done some
fell into the Lord of Kinoules Quarters took seven or eight Prisoners and about twelve Horse killed one rescued the Lord of Egles Sheriff dispersed the Regiment and the Lord of Kinoule hardly escaped The Lord Protector was Proclaimed by sound of Trumpet in the Pallace yard at Westminster at the Old Exchange and several other places in London divers of the Councel and the Lord Mayor and Aldermen in their Robes with three Serjeants at Armes with their Maces and the Heraulds attending And command to Publish the same Proclamation in all Counties 20. Letters of a Dutch Prize taken by a Private Man of War and brought to Hull 21 A Proclamation Published by his Highness the Lord Protector with the consent of his Councel for continuing all Persons being in Office for the Execution of Publick Justice at the time of the late change of Government until his Highness further direction in these Words OLiver Lord Protector of the Commonwealth of England Scotland and Ireland considering That whereas the exercise of the chief Magistracy and the Administration of Government within the said Commonwealth is Invested and Established in his Highness assisted with a Council and lest thereupon the setled and ordinary course of Justice in the Commonwealth if remedy were not provided might receive interruption his Highness in his care of the State and publick Justice thereof reserving to future consideration the reformation and redress of any abuses by misgovernment upon better knowledge taken thereof is pleased and doth hereby expresly signifie declare and ordain by and with the advice and consent of his Council who have power until the meeting of the next Parliament to make Laws and Ordinances for the Peace and Welfare of these Nations where it shall be necessary which shall be binding and in force until Order shall be taken in Parliament concerning the same that all persons who on the Tenty day of this instant December were duly and lawfully possessed of any place of Judicature or Office of Authority Jurisdiction or Government within this Commonwealth shall be and shall so hold themselves continued in the said Offices and Places respectively as formerly they held and enjoyed the same and not otherwise until his Highness pleasure be further known And all Commissions Patents and other Grants which respect or relate unto the doing and executing of Publick Justice and all Proceedings of what Nature soever in Courts of Common Law or Equity or in the Court of Admiralty or by Commissioners of Sewers shall stand and be in the same and like force to all Intents and Purposes as the same were on the said Tenth day of this instant December until further Order given by his Highness therein And that in the mean time for preservation of the publick Peace and necessary proceedings in matters of Justice and for safety of the State all the said Persons of whatsoever Place Power Degree or Condition may not fail every one severally according to his respective Place Office or Charge to proceed in the performance and execution of all Duties thereunto belonging as formerly appertaining to them and every of them whilst the former Government was in being Given at White-Hall this 21st of December in the year of our Lord 1653. 22 Letters that the States of the Netherlands keep from their People the knowledge of the Offers of England for coalition and Peace with them Of great Preparations for the Sea against the Spring of above One hundred Sayl of Ships of War 23 Letters of the Highlanders dividing themselves in several Territories that they often remove their Quarters and are in want of Provisions That a Party of the English killed three and a Captain of the Lord Lords 24 Letters of two Dutch Prizes brought in by a Private Man of War That the Dutch about the Lands-end took an English Ship which came from New England That some French Wines were taken and brought into Deal That the Highlanders make so high Demands from the Country that they are not able to supply them 26 Letters that Captain Hart about Dumfrize with a Party of English pursued some of the Enemies by the tract of the Snow and fell upon them took Sixty five Horses sixteen Prisoners and many Armes and four of them slain they fought very Resolutly for a while Captain Hart lost but one Man and sixteen Wounded That the late Change of Government in England was well Resented by the Army in Scotland and they were unanimous to obey the Lord Protector That some Gentlemen about Ruthen Castle in Scotland sent to Captain Hill the Governour to know if an Enemy should come into those Parts whether he would give them leave to furnish the Enemy with Provisions c. to rid them out of the Country to which he answered That if any did so they should forfeit their Lives and Estates Then he showes them the Power of the State of England and their kind dealing with the People of Scotland under their Power and the inconsiderableness of those in Armes against the State of England concludes with an absolute forbidding of them to give any Assistance to the Enemy and to pay in their Sesses Letters from Swedland of the safe Arrival of the Lord Ambassadour Whitelock and of his gallant Reception there 27 The Lord Protector and his Councel passed several Ordinances For continuing the Excise and the Commissioners For the continuing the Act for Redemption of Captives For alteration of several Names and Formes used heretofore in Courts Writs Grants Patents Commissions c. and setling Proceedings in Courts of Law and Equity Divers Prizes taken by Captain Newberry between the Isle of Wight and the French Coast and several other Prizes taken and brought in by others of the Parliament Frigots 28 An Order Published of the Protector and his Counsel for reviving of a former Act for the Probat of Wills and granting Administrations Letters that Chanut Ambassadour from the French King with the States did freely offer to them an Alliance and Assistance from his Master if they would break with Spain and England That Captain Crispin pursued some French Vessels into Conquet Road where he Anchored and the Town and Country came down to assist the Pickaroons and Dutch there and Crispin made Two hundred and thirty great Shot into the Town and did much spoil to the Ships which got close under the Houses 29 The Lord Protector and his Councel sate very close in Ordering their dispatches to the several Forces in England Scotland and Ireland and to their Publick Ministers abroad 30 The Lord Protector with his Councel and the Officers of his Army kept a Day of Humiliation at Whitehall That the Lord Protector was Solemnly Proclaimed at Plymouth the Magistrates present in their Robes the Trumpets sounding and Guns firing the Bells Ringing and Shouts and great Acclamations of Joy of the People Of Two English Ships loaded with Masts c. coming from New England taken by three Dutch-men of War
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
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
Receipt of the Customs to the Revenue Debate of an Act to constitute Commissioners to discharge poor Prisoners who have lain long in Prison and have no Estates to pay their debts and to force those who have Estates yet keep them and continue Prisoners but have liberty for their Keepers and will not pay their debts but go abroad as if they were not Prisoners The House Adjourned till the afternoon but there were so few Members that they could not sit Letters that a Ship of Washford in Ireland landed some men in the night on the Coast of Wales under the House of one M r Griffith Jones and told him that they were for Prince Charles King of Ireland whereupon he opened his doors but they carried him away Prisoner and plundered his House yet a party of the Parliament Horse quartered not far off came in saved some of the goods and took the Quarter-Master of the Ship and five Marriners At the Council of State Sergeant Bradshaw took his place of Lord President of the Council but he seemed not much versed in such businesses and spent much of their time by his own long speeches 12. Major General Laughern Poyer and Powel referred to be tryed by a Court Martial And referred to a Committee to consider of other Prisoners of War who are fit to be banished who for perpetual Imprisonment who for Execution and who for Composition Mr. Walter Montague Prisoner had leave upon security to go beyond Seas Order to reduce interest Money to six per Cent. Committees appointed about Compositions of Delinquents and about the several Receipts for Monies Order for the Arrears of Colonel Thorney slain in Lincolnshire in the Parliaments service to be stated and his Son to have one hundred pound per annum Sergeant Bradshaw made Chief Justice of Wales The Garison of Pontefract brake off their Treaty of Rendition because Major General Lambert insisted to have some excepted from mercy whereupon some Papers with Stones were thrown over the Walls to inform the Souldiers of it and then they came to a new Treaty Letters from Scotland that the Enemy at Enderness marched out four thousand strong and expected six thousand Danes to join with them that the Parliament there were very angry at the stopping of their Commissioners in England and that they are near to an agreement with their new King Charles II. A Petition from divers well affected in Norfolk directed to his Excellency Thomas Fairfax Lord General of the Forces raised for the defence of the Gospel of Jesus Christ and the inlargement of the liberty of the well affected English Recites the Sins and corruptions of the times and in all professions and prays 1. That none but men of known integrity fidelity and well affected to the cause in hand may be put into any Office military or civil and no Delinquent to be trusted in any Office 2. That no longer the Scandalous ignorant and Malignant Clergy may take the word of God into their mouths but a Godly and painful Ministry to be placed throughout the Kingdom that for their maintenance all Rectories may be restored those in the hands of well affected men to have a valuable recompence out of the Bishops Lands those in Delinquents hands to be taken away Tythes to be wholly taken away and every Minister to have one hundred pounds per annum to be rated equally upon the respective Parishes 3. That the Lords day Fast-days and the like be kept wholly from all manner of imployment except upon necessity 4. That the Laws against Swearing Cursing and Drunkenness be put in execution that there may be no more Inns nor Ale-Houses but what are needful to entertain Strangers going about lawful businesses and no Gaming nor any to be Vnlicensed 5. Papists to have no more but to maintain themselves reasonably and their Children to be bred Protestants 6. Schools and the Vniversities to be purged 7. That all Courts in the Country be put down and all causes under ten pounds value to be judged by two or three Neighbours to be chosen by the Parties and Perjury and Subornation of it to be death All Suits in Equity to be tryed by Juries not by Common Law Witnesses to be examined before the Judge except betwen two Nobles Knights c. who are able to stand a long Suit in Chancery No cause to hang above two Terms Lawyers to be reduced to a smaller number and their fees be be less and certain and but one Counsel in small causes 8. That who will may purchase Lands to be Freehold in Soccage for a reasonable Fine and that the base Oath of Fealty and Homage may make no more perjured Souls in the Kingdom 9. That the Army be purged of all disaffected to the cause and swearing and other sins be punished therein 10. That all taxes be taken off and the Army paid and satisfaction to the well affected out of Delinquents estates Deans and Chapters Lands c. that the Crown Lands defray the Pensions of the Judges the charges of the Navy c. 11. That Authors Printers and publishers of Scandalous and lying Pamphlets be supprest and severely punished 12. That Clipt and counterfeit Money be called in 13. That Fairs be kept only in Market Towns and small Fairs forbidden 14. For purging the Parliament setting Godly Guards about them bringing Capital Offenders to Justice and setling religion according to the mind of God Letters from the Hague that the Prince was there generally owned as King that the Episcopal Doctors flocked to him that Dr. Critton had a check for his railing Sermons The House sate not at the Councel of State they had some intelligence that looked dangerously and they expected difficulties That which seemed of most threatning was their own divisions and such Petitions as that before mentioned 14. A Letter from the Parliament of Scotland about the confinement of their Commissioners and justifying the papers delivered in by them Referred to the Council of State Referred to them to consider of Forces to be sent to Ireland and to nominate a General and other Chief Officers One of the Parliaments Frigats went to Sir George Carteret to Guernsey who after he had got possession of her turned off all the Mariners An Act passed for a new Seal for Cheshire Flintshire c. Order that Whitelock be injoyned to bring in a Declaration to satisfy the people touching the proceedings of Parliament Order for divers Members and the Master of the Ceremonies to attend the Prince Elector to Gravesend That the Committee of the Revenue provide Barges c. and that the Speaker and Members wait on the Prince to take leave of him Upon a report from the Council of State Voted that Sir Jo. Stowell and Judge Jenkins be tryed for their life That Wren Bishop of Ely and the Marquess of Winchester be not tryed for life but imprisoned till further order of the House
him as he had done before 18. Letters That when the Rebels stormed Ballyshannon Castle 300 of them were slain though but 60 Men were in the Castle and at the re-taking of it by the Parliaments Forces within Ten days after they took 1000 Prisoners and 8000 Cows 19. Letters of Preparations to invade the Highlands with Three Brigades marching several ways That a Convention of the Kirk was held at Dalkeith and dissolved by the Women of the Town That 50 of the Parliaments Men of War went from the Downs Northwards 21. Letters of a Debate in the Synod at Edenburgh about drawing up of a Paper stiled A Testimony against the present incroaching of the Civil Power upon the Ecclesiastical Jurisdiction which they took from the Proclamation concerning the Committee for Visitation of the Universities and declaring That they will remove scandalous Ministers which hath highly incensed them those Proceedings being special Flowers of their Kirk-Prerogative that ought to be managed only by themselves and they concluded their Declaration That in the Synod in Fife they made a Protestation against the publick Resolutions of the Civil Power That Two French Frigots took Two or Three English Ships upon the Scots Coast That the King of Scots was transacting with the Dutch about their fishing in the narrow Seas and had offered them large Priviledges That Sir George Ascue came with his Fleet of 11 Men of War from Plymouth into Dover Road and after he had saluted General Blake with all his Guns and the whole Fleet returned him the like Salutation Sir George came aboard the General and all his Captains and dined with him These Salutes of the Guns gave the Country an Alarme so that they flocked to the Sea side expecting a Fight that the Parliaments Navy was above 100 men of War Two Regiments Shipped on Board the Navy That the Dutch Ships forbear to come through the narrow Seas but put into Ports of France and go home by Land 22. An Act passed for transferring the powers of the Committee of Indemnity to the Committee for compounding A Petition touching Registring Conveyances upon which an order for bringing in the Bill for that business 23. It was particularly given to Whitelocke in charge to prepare for the debate with the Dutch Ambassadors upon the Treaty for maintaining the right of the Common-wealth in the Dominion of the British Seas 25. Letters of the Synods meeting at Perth and citing the Ministers and People who had expressed a dislike of their heavenly Government that the men being got out of the way their Wifes resolved to answer for them And on the day of appearance 120 Women with good Clubs in their Hands came and besieged the Church where the Reverend Ministers sat They sent one of their number to Treat with the Females and he threatning Excommunication they basted him for his labour kept him Prisoner and sent a party of 60 who routed the rest of the Clergy bruised their bodies sorely took all their Baggage and 12 Horses That one of the Ministers after a miles running taking all Creatures for his Foes meeting with a Soldier fell on his knees for Quarter who knowing nothing of the matter asked the Black-Coat what he meant That these Conquerors having laid hold on the Synod Clerk beat him till he forswore his Office That 13 of the Ministers rallied about 4 Miles from the place and voted that this Village should never more have a Synod kept in it but be accursed and that although in the years 1638 and 39 the Godly Women were called up for stoning the Bishops yet now the whole Sex should be esteemed wicked 26. Letters That a Pinnace of 40 Tun being to be Launched was by the Seamen and Soldiers drawn 6 miles over Land That the Lieutenant-General was sat down before Rosse in Ireland that the Connaught and Vlster Forces were very numerous and Collonel Reynolds and Venables in pursuit of them 28. Letters of the great Fire in Glascow which burned most part of the Town and the Ministers Preached that this was for their complyance with the Sectaries That by Thunder and Lightning on the last Lords-Day at Church-Lawton in Cheshire Eleven Persons during the Sermon were struck dead in the Congregation Much hurt was done at Greenwich by Storms and a strange kind of Hail and a Ship coming up the River there had her Mast quite taken away and her Sails and Tackle torn several Boats were turned over and many People drowned The Thunder and Lightning burnt a Barn in Essex and the Steeple and much of the Church and melted the Lead and Bells at Okenden 29. A Petition to the Parliament signed by many Thousands setting forth the miseries of the War indured by them in hopes that their Rights and the Fundamental Laws formerly corrupted by the King with his Instruments the Clergy Lawyers and Statesmen would be restored as was promised by the Parliament and Army whereupon they were invited to assist them They pray 1. That no man be attached c. But according to the old Law of the Land and whatsoever hath been done contrary thereunto by Committees Courts-Martial High Courts of Justice or the like may be abolished 2. That no man be put to his defence but by presentment of faithful Men and lawful witnesses face to face 3. That no man be compelled by Oath to answer against himself 4. That all Suits may be determined without Appeal by a prefixt time in the Hundred or County Courts by Juries and no more tedious Travelling to London nor vexation and consumption of mens Estates by the Chancery and other Courts of Westminster nor further attendance upon Committees nor long Imprisonments that Malefactors may have speedy Tryals that Bail may not be denied where it ought to be taken that food and necessaries may be provided for Prisoners at the Common Charge and no Fees taken by Goalers that all proceedings in Law may be free from the Parties to the Officers 5. That punishments may be proportioned to the offences that nothing be deemed Treason but what tends to the Subversion of Fundamental Liberty and that in Criminal causes the parties damnified may be satisfied out of the Estates of the Offenders and not confiscate to the Common-wealth and that Witnesses may be Sworn for the accused as well as for the Prosecutor 6. That none be questioned or molested for matter of Conscience or Religion the grounds of implacable trouble and the very spawn of Tyranny and Superstition and that Tithes sprung from the same Root and tending to the same ends and to the obstruction of Tillage and Industry may also cease and no inforced maintenance imposed in the place thereof 7. That Copyholds and the like and the Court of Wards and unjust descents to the Eldest Son onely the principal remaining Badges of the Norman Conquest and main support of Regal Tyranny may be taken away 8. That there be no Imprisonment for Debt but
Articles to Captain Swayn 13 An Ordinance past for reviving the Judges at Salters-Hall and for releif of Creditors and poor Prisoners which formerly was in force and for some time laid aside by Ordinance of the Lord Protector and his Councel 14 An Ordinance published for an Assesment to be continued for six Months at 120000 l. for maintenance of the Armies and Navy for the three first Months and at 90000 l. for the three last months An Ordinance to inable Judges to keep Assizes at Durham 16 A privy search made through out the Town for persons suspected to be in the Plot against the Lord Protector and his Government and divers Examinations taken and an Ordinance published for an high Court of Justice to try the Conspirators 17 Letters of two Troupes newly leavied by the Enemy routed by the English that Lieutetenant Moor took a Captain and seven of another Party another took a Captain and eight more and Captain Daniel took thirteen of another Party and killed divers 19 Letters that the English in Parties had sometimes in one Day marched Sixty Miles after the Enemy and killed and taken many of them That Collonel Daniel took Four hundred Men and Horse from them going to a Rendezvous 20 The Earl of Oxford and other Persons were Apprehended as Conspirators in the late Plot against the Lord Protector An Ordinance past for Continuance of the Commissioners of the Admiralty Of Two Brest Men of War assaulting a Fleet of English Vessels loaden with Coals and other Commodities which were rescued by Captain Gawden who had a small Ship with Four Guns only yet Fought singly with the Brest Pyrate and made them Flye That the English at Saint Maloes in France were abused by the French without any Provocation and beaten by them in Tumults and one English Man thrown by them over the Key of which he dyed The like insolencies offered by the Papists to the Protestants at Rheimes 21 An Ordinance past for bringing the Publick Revenue into one Treasury Letters of the Insolencies and Drunkenness of the Enemy in Scotland 23 An Ordinance past for giving further time for Approbation of Publick Preachers Letters that since the Peace with England Trade was much revived in the Netherlands and that Eight hundred Vessels were from divers Parts come into the Port of Rotterdam besides those come into their other Harbours That General Monck was come into the High-lands and sent a Summons to a Garrison of the Enemies in Lough Tay and the Governour Answered He would keep it for the King to the last drop of his Blood He being perswaded that the English would not get over the Water to him but perceiving them to make a passage over with Planks his Courage abated and he yielded the Garrison upon terms proposed by General Monck the place was very considerable 24 Letters that General Monk passed by some Garrisons of the Enemies and would not spend time to Besiege them but left them to be reduced by some English Garrisons near them Of a Party sent from Edenburgh which slew Three Tories and took twelve Prisoners and many Horse from them 26 Letters that Collonel Morgan was Marched into the Highlands in Scotland to indeavour to ingage Montross before his Conjunction with Middleton That Lieutenant Collonel Bryan was Landed with a Party from Ireland to assist the Highlanders From Dublin that all things were well there only some interruption for want of the new Authority and that they had sent some of their Forces into Scotland to assist General Monks Provisions Shipped from Chester for the North of Scotland That in Ireland they were reducing Supernumeraries and had Armes come for them which they were to have for their security in their Plantations An Ordinance Published for further incouragement of Adventurers for Ireland and of the Solers and Planters there 27 The High Court of Justice Sate the Lord Commissioner Lisle was President Order of the Lord Protector and his Councel about the Election of Members for the Parliament Letters of the Lord Ambassador Whitelocks Journey in Germany and the Caresses made to him at Lubeck and at Hamburgh 29 An Ordinance published for distribution of the Election for Scotland The like for distribution of the Election of Members in Ireland for the next Parliament in England they to be also thirty and they to have Vote with the Members in the Parliament of England as those thirty from Scotland also are to have their Votes A Romish Priest who was formerly condemned and pardoned and banished and now returned again was Hanged Drawn and Quartered 29 That the King of Scots and his two Brothers went to visit the Jesuit's College at Chantilli and were entertained with divers Speeches extraordinary respects and compliments and with a sumptuous Collation 30 An Ordinance Published against Duels Challenges and all Provocations thereunto The High Court of Justice sate in the Chancery prepared for them and first Mr. Somerset Fox was brought before them who Confessed much of that which was charged against him by Mr. Attorney Prideaux Mr. Solicitor Ellis and Mr. Serjeant Glyn the Protectors Council Then Mr. John Gerrard and Mr. Vowel were brought before them and charged for a Conspiracy to Murder the Lord Protector as he should be going to Hampton Court to seize the Guards and make themselves Masters of the City and Tower and Magazines and to proclaim the King with other Treasons all which they denyed and several Witnesses were heard to prove the charge against them and then the Court Adjourned July 1654. July 1 Letters that Colonel Morgan upon sight of the Highlanders went out with a party to engage them but they sted That Captain Goodfellow with a party took Ten Scotch Prisoners and 60 Horse the Captain was Killed much Provision taken from them That 40 English with their Swords naked did Swim over to an Istand that stood out against them and took it and many Provisions Plate money and other goods in it 3 That Argyle joined with the English Letters of General Monck his taking of Fosse and Lough-Gery in the Highlands That Colonel Bryan with the Forces which he brought from Ireland Killed divers of the High-landers and among them three Commanders of great Note were slain 4 The High Court of Justice sat and Ad journed A Conference with the French Ambassador about a Treaty of Peace 5 The Portugal Ambassador's Brother and two other Portuguises were tried before Commissioners of Oyer and Terminer in the Kings-Bench He pleaded That he was not onely the Ambassador's Brother but had a Commission to himself to be Ambassador when His Brother should be absent and that by the Law of Nations he was priviledged from his Trial and he demanded Councel The point of priviledg of Ambassadors by the Common Law and by the Civil Law and by the Law of Nations was long debated by the Court and the Lord Protectors Councel and the
his business might be brought to a Conclusion because he had long attended and the King his Master grew very Impatient of his long stay here and had commanded his return and looked upon the neglect to his servant as reflecting upon his own honour The Delay was excused and some occasion of it alleaged to be the Lord Fiennes his absence who was gone into the Country 31. The Council voted That Pitch Tarr Hemp and Flax should be taken as Contrebanda goods during the War betwixt us and Spain In case the Treaty here with the Swedish Ambassador came to a good conclusion The Lord George Fleetwood had commissions to Levy for the King of Sweden 2000 men more than the 4000 already granted and designed to form those 2000 into two Regiments and to be Collonel of both those Regiments himself The Commissioners of the Treasury had a constant weekly account of all the Receipts and disbursement of that great Revenue which being so often taken made it the more easie and gave them the more opportunity of ordering the same to the best advantage of the Common-wealth and as they received this account from the Officers under them so they gave information to the Protector how it was from time to time with their advice concerning the same April 1656. Letters of great appearances of the Country at the assizes and that the Gentlemen of Greatest Quality Served of the Grand Juries which is fit to be observed Mr. Rolt whom the Protector sent an Envoy to the King of Sweden returned from him from Poland Order for Letters to be written from the Protector and Councel to the Judges to be Sparing in granting Prohibitions to the Admiralty and others to the Judges of the Admiralty not to entertain any Suites in their Courts belonging to the Jurisdiction of the Common Law Some of the Council were against these Letters and advised rather to confer with the Judges about it who being upon their Oaths must observe them and Justice ought to run in a free and legal Course Letters of the Scots full of Complyance with the Government established there by the Protector which was more Conformity than ever they yeilded to any before Order by the Protector and Council for the founding and Indowing of a Colledge at Durham out of the Dean and Prebends Lands there Some were apprehended and Imprisoned by warrant from the Protector for being ingaged in a Duel The Preacher in Whitehal Chappel was disturbed in his Sermon by a Quaker whom the Protector Ordered to be carried to a Justice of Peace to be proceeded with according to Law One pretending a Message to him from God for that End denounced his Judgments against the Protector and his Councel and against all Sorts of people Cavaliers and others Order That the Corporation of Host-men in New-Castle do permit the Trade of Coals till their Complaints may be heard and determined Letters That the King of Scots had been at Bruxels in consulation with the Spanish Officers Order to call to account all Officers and Receivers of the publick Revenue which was upon a Report from the Commissioners of the Treasury The Queen of Sweden imbarqued at Colmar to go to her Husband in Poland Intelligence that some of the Plate Fleet were got home into Spain A Solemn Day of Thanksgiving in Dublin for the preservation of that City from the Rebels Letters of a Quaker in Colchester who starved himself to death upon a presumption that he could fast 40 days Letters of some new Plots in Scotland The Protector and his Council kept a day of private Fasting and Seeking God for a blessing upon their Affaires The Swedish Ambassador had been at Whitehall and was much discontented because he waited above an hour before the Protector came to him which brought the Ambassador to such Impatience that he rose from his Seat and was going home again without speaking with the Protector And said That he durst not for his head admit of such dishonor to his Master by making him so often and so long to attend for his Audience But Sir Oliver Fleming the Master of the Ceremonies did earnestly Interpose with his persuasions and prevailed with the Ambassador to stay a little longer and went himself to the Protector and plainly told him how unfit it was and how ill taken to put the Ambassador to such attendance and brought him to the Ambassador In the discourse between the Protector and the Ambassador when the matter of a nearer Alliance was mentioned his Highness answered That he was willing in case of a nearer Alliance or of an Union concerning the Protestant Interest to have our Neighbours and Allies the Low-Countries Included therein and that he thought it did become him to have a particular care of them and to take them into any such Treaty or Alliance and that he was not willing to do any such thing without them These Expressions of his Highness did a little startle the Ambassador It was afterwards offer'd to his Highness Judgment whether it were not fit in all things that might stand with our Interest to give Contentment to the King of Sweden being a Wise and Potent Prince and God having given him great successes And that the Dutch being greatly for their own Interest as well as other States in case there should not be a nearer Alliance betwixt us and Sweden might possibly slip in and make a nearer Alliance betwixt themselves and Sweden without taking much care to have us Included therein The Protector sent to the Swedish Ambassador to excuse his long stay before he had his Audience and to assure him that there was not the least Intention of reflecting upon the Kings Honour or of any disrespect to him but only the omission of the Protectors Servants in their Duty Wherein care should be taken for the future and that it should be amended And that his Highness had a very great affection for the Ambassadors Person and as great a respect for the King his Master as for any Prince in Christendom With this the Ambassador seemed fully satisfied and desired to return his Service to the Protector and his most humble Thanks But yet the Ambassador was very much troubled apprehending that at his last Audience his Highness mind was somewhat alter'd from what it seem'd to be formerly and that now there was nothing to be done without the Dutch He much wondered why the Protector should seem so forward heretofore for a nearer Alliance and Conjunction with his Master and now seemed to be more cold in that matter and wished that he might have known his mind at first for he had already given the King an account of the Protectors willingness to have a nearer Alliance with his Majesty who thereupon had dressed his Councels accordingly and now he must acquaint the King that he perceived his Highness mind to be changed as to that point which would cause the King very much to Marvel and would
The Parliament was adjourned for two days because the Speaker was ill 5. The Speaker continued ill and yet came to the House 6. A Bill touching the publick Revenue 9. The Parliament kept a Fast day within the House 12. The Speaker was not well able to perform the business of his place by reason of his ilness The House resolved into a Grand Committee upon the Bills for Uniting Scotland to England and for uniting Ireland to England 19. Discovery of a Plot of Sindercombe and others to kill the Protector and set on fire Whitehal A Thanksgiving day appointed for this discovery The House resolved to waite on the Protector to congratulate the Mercy and Deliverance 24. The Peace between this Common-wealth and Portugal proclaimed 27. Mr. Speaker being come to the house and the House taking notice of the weakness of his body it was resolved by the Parliament that in respect of Mr. Speakers present Indisposition of body the Lord Commissioner Whitelock be desired to take the Chair to supply the Speakers place during his absence The Lord Commissioner Whitelock was brought to the Chair by Collonel Sydenham and Major-General Howard and being there set desired since the House was pleased to Command his service in that place on this occasion that they would be pleased to construe with all Candor his words and actions therein and that they will give him a freedom of minding them and keeping them to the orders of the House for the service and Honour of the House Resolved That those ceremonies and repects that were used to the former Speaker shall be used to the present Speaker and that he have the profits due to the Speaker 30. The House resolved That the summ of 400000 l. shall be raised for the carrying on the War with Spain February 1656. 6. There was a great meeting of Learned men at Whitelocke's house at Chelsey by an order of the House made before Whitelock was Speaker The order was thus Jan. 16. At the Grand Committee for Religion Ordered That it be referred to a Subcommittee to send for and advise with Doctor Walton Mr. Hughes Mr. Castle Mr. Clerk Mr. Poulk Doctor Cudworth and such others as they shall think fit and to consider of the Translations and Impressions of the Bible and to offer their opinions therein to this Committee and that it be especially commended to the Lord Commissioner Whitelock to take care of this business This Committee often met at Whitelocke's house and had the most learned Men in the Oriental tongues to consult with in this great business and divers Excellent and Learned observations of some mistakes in the translations of the Bible in English which yet was agreed to be the best of any translation in the world great pains was taken in it but it became fruitless by the Parliaments dissolution 7. Appointed for the reading of private Bills in favour of Whitelock the present Speaker 9. Syndercomb was tryed at the Upper Bench Bar found guilty and condemned to be Hanged Drawn and Quartered The Court declared that by the common-Common-Law to compass or imagine the death of the chief Magistrate by what name soever he was called Whether Lord Protector or otherwise is High-Treason and that the statute 25 Ed. 3 was only declaratory of the Common Law Application touching the reformation of Cloathing 16. Many private Bills were passed Dr. Walton published the Polyglot Bible 18. Sr. Thomas Widdrington being informed of the great favour of the Parliament to Whitelock their Speaker during his absence and the Interest he had gained in the House and that several private Bills were ready to pass and particularly for naturalizing of many Strangers and every one of them was to pay 5 l. to the Speaker for his fee which Whitelock would receive in case Sr. Thomas Widdrington did not take his place again before the passing of those Bills he being desirous of the mony tho to the hazard of his life came again to the House and took his place tho very weak and feeble Whitelockes friends were apprehensive of the hard measure he had in being thus defeated and they were sensible of his pains and dexterity in managing the business of the House wherein he had given them great content and they said that in the short time of his being Speaker by his holding them to the points in debate They had dispatched more business than in all the time before of their sitting They moved the House on the behalf of Whitelock and these votes were unanimously passed Resolved upon the question by the Parliament that the Lord Whitelock have the thanks of the House for his great and faithful service in the business of this House as Speaker during the absence of the present Speaker Then some of his friends acquainted the House that Whitelock had not yet received 500 l. part of the arrears due to him upon his Ambassy to Sweden nor any reward at all for that great and honourable Service which was so much to the benefit of this Common wealth whereupon these Votes were also unanimously passed Resolved upon the question by the Parliament that the summ of 500 l. Expended by the Lord Commissioner Whitelock in his Ambassy into Sweden over and above what he hath received shall be forthwith paid unto him Resolved upon the question by the Parliamen that the summ of 2000 l. be paid unto the Lord Commissioner Whitelock over and above the said 500 l. in respect of his great and faithful Service to the publick in that Ambassy Ordered by the Parliament that the Lords Commissioners for the Treasury be required to pay the said several Summs accordingly Resolved upon the question by the Parliament that the Lord Commissioner Whitelock have the thanks of this House for his great service in that Ambassy The Speaker by Command of the House did give him standing in his place the thanks of the House for his great and faithful Service in that hazardous Voyage undertaken by him as Ambassador to Sweden and likewise for his readiness and faithfulness in the service of this House as Speaker in the absence of the present Speaker The mony was accordingly paid to Whitelock not long after tho when the same was voted by the former Parliament he received no part of it but the Protector and some of Whitelockes Illwillers about him were not pleased with this extraordinary favour of the Parliament to him yet he attended with the Speaker and the Members of the Parliament at Whitehal upon his Highness after the Sermon and was with the rest nobly Entertained by him at Dinner upon the day of Thansgiving for his Highness deliverance from the intended Murther of him by Syndercombe and his Associates 23. Indeavours to promote the great business of Settlement of the Nation and a Fast appointed to be kept within the House March 1656. 1. Applications in Sr. Francis Wortly's business in Parliament and in the business
lost only one Troop which was sunk by the breaking of the Ice whilst the Troop were marching upon it 16. The Contract was confirmed by the Council touching Tonnage and Poundage and the Excise wherein the Commissioners of the Treasury took pains 19. Whitelocke was much retired and not satisfied with the publick transactions March 1657. 1. Applications from a Scotch Lord to the Protector to restore this Lord to a place in Scotland from which he had been unjustly removed 16. The Funeral of Alderman Wright 17. The Cavalier Party were again at work upon a new Design whereof the Protector had Intelligence from abroad and from some of the Actors here about this he advised and sent for the Lord Mayor and Aldermen of London and acquainted them with it and desired their care to put the City into a posture of defence 18. A Petition and Representation was delivered to his Highness from the City of London of their faithfulness and duty to him 19. Divers the like Addresses were made from General Monk's and other Regiments and his Highness answered them with thanks 20. News of the Peace concluded between the Kings of Sweden and Denmark 24. The Protector ordered 200 l. to be paid out of the Treasury to Manasseh Ben Israel the Jewish Rabbi April 1658. 11. A Collection for the persecuted Protestants in Poland and in Bohemia 12. The Protector by Letters Patents made four Baronets 17. The Protector advised about setting up a High Court of Justice for tryal of the Conspirators now in Prison he was advised rather to have them proceeded against in the ordinary course of Tryals at the Common Law but his Highness was too much in love with the new way and thought it to be the more effectual and would the more terrifie the Offenders 19. Several Addresses were made to the Protector from Regiments of the Army and from the Forces in Mardike with professions to adhere to him The Protector in his Answer to some of them did impart to them The present designs of the Enemy that Commissions were sent over hither from the King of Scots and that he had 4000 men in Flanders ready to be Imbarqued into England to joyn with his Party here and Ships ready to transport them and therefore it behoved all honest men to provide for a defence and to joyn heartily together 22. Thus the Protector 's Party were full of unquietness and alarms and yet it pleased God to keep up their Spirits from being daunted 24. Whitclocke and the rest of the Commissioners of the Treasury the Recorder of London and the Masters of the Requests or any two of them appointed by the Council a Committee to hear Appeals from Guernsey and Jersey and to report their opinions therein to the Council 27. The Commissiâ—â— of the Seal and of the Treasury the Judges and many others were nominated Commissioners under the great Seal for the tryal of the present Conspirators against the Protector and Governour and Whitclocke was one of them but he never sate with them it being against his judgment May 1658. 1. Serjeant Maynard was by Patent made his Highness Serjeant at Law 13. Sir Roger Mostyn was secured and a Prisoner to Colonel Carter at Conway 15. Sir Roger Mostyns liberty was procured upon his Paroll to be at his own house at Mostyn engaging to doe nothing prejudicial to the present Government 17. Sir John Borlace and several others were secured at this time 20. News of the Progress of the English and French Forces before Dunkirk 21. Thirty Apprentices Prisoners in the Tower upon the new Plot were examined It was advised that Lenity should be used towards them 25. The Tryal of Dr. Hewet before the new Commissioners of the High Court of Justice this day the Doctor did not carry himself prudently June 1658. 5. Mr. Mordant one of the great Actors in the new Conspiracy had favour from the Commissioners 6. News of the total Defeat given to the Spanish Army which came to relieve Dunkirk and of the gallant Service performed by the English wherein the Lord Ambassadour Lockart gained much honour 1200 Spaniards were slain and 2000 taken prisoners the English and French did gallantly 8. Sir Henry Slingsby and Dr. Hewet were beheaded at Tower-hill 9. Sir Humphrey Bennet being to be tryed for the new Conspiracy Applications were made by his friends to the Commissioners of the High Court of Justice for favour to him and his life was saved but the kindness of his friends not remembred 15. Audience to the Duke of Crequi and Monsieur Mancini sent from the King of France and from the Cardinal Mazarine to the Protector to congratulate the Success of the King 's and the Protector 's joynt Forces and to complement his Highness who answered their Complements and expressed like affection to the alliance with his Majesty of France 21. Intelligence of the surrender of Dunkirk and that the King of France the Cardinal and General Lockart entred the Town with their Forces and Lockart was put into the possession and command of it 23. Whitelocke having been formerly employed by the Protector together with Mr. Bond and no others about a Proposal for betraying this Town by the then Spanish Governour of it unto the Protector for money which the Protector then refused as a dishonourable Action some Overtures were made to Whitelocke to be Governour of that place upon Lockart's Imployment in other Services but Whitelocke was not satisfied to undertake it though it was a Command very honourable and profitable nor was he ambitious of that Preferment or endeavouring to obtain it 24. News of the taking of Bergen by the English and French 26. Sir Thomas Widdrington was made Lord chief Baron of the Exchequer 30. According to Whitelocke's former advice to the Protector wherein Thurlo agreed divers others of the new Conspirators were referred to be tryed at the Vpper Bench Bar after the course of the Common Law July 1658. 2. Several of the new Conspirators tryed and found guilty 6. Several of them were executed in London and at Tyburn 8. Mr. Hugh Peters related the Passages of Mardike and Dunkirk where he preached to the Souldiers 14. Upon a Report from the Commissioners of the Treasury the Protector and Council made several Orders for bringing in money in arrear to the State 17. Mr. Ryley the Herald and Clerk of the Records in the Tower promised great Service about the Calendring of the Records 18. The Protector was at Hampton Court and his Council there with him 21. The Protector kept a day of Thanksgiving for the Successes in Flanders 24. News of the Siege of Gravelin by the English and French Forces August 1658. 6. A general meeting of the Adventurers for Ireland 7. News of the death of the Lady Elizabeth Cleypole yesterday at Hampton Court she was a Lady of excellent Parts dear to her Parents and civil to all persons and courteous
places of Judicature 6. Delivery up of Ships to the French 7. Mis-imployment of Three Subsidies and Three Fifteens They Ordered That the Duke on whom these Misdemeanours chiefly reflected should have Notice of the Intention of the House of Commons suddainly to resume the Debate of these things There served in this Parliament in the House of Commons many persons of Extraordinary Parts and Abilities whose Names are in the List of those times Mr. Clement Coke in his Speech in the House of Commons concerning Grievances said That it were better to dye by an Enemy than to suffer at home The Lords ready to comply with the Kings desires appointed a Committee to consider of the Safety and Defence of the Kingdom and Safeguard of the Seas The Committee advised one Fleet to be presently set out against the King of Spain and another to Guard our Coasts and Merchants this was sent to the House of Commons but not well resented by them The King sent a smart Letter to the Speaker pressing for present Supplies and promising Redress of Grievances presented in a dutiful and mannerly way and this was further urged by Sir Richard Weston To Know without further delay of time What Supply they would give unto the King To this the Commons returned a general Answer promising a Supply The King Replyed As to the Clause of presenting Grievances that they should apply themselves to Redress Grievances not to Inquire after them And said I will not allow any of my Servants to be questioned among you much less such as are of Eminent Place and near unto me I see you especially aim at the Duke I wonder who hath so altered your Affections towards him Then he mentions the Honour that the last Parliament of his Father Expressed to the Duke and labours to Excuse him and concludes I would you would hasten for my Supply or else it will be worse for your selves for if any Evil happen I think I shall be the last that shall feel it This was suspected to be the Advice of the Popish Councellors to cause a Breach betwixt the King and his Parliament who thereupon mentioned the Duke as the chief Cause of all Publick Miscarriages and Dr. Turner a Physitian propounded his Quaeries to that purpose Upon the Opinions of Sir Thomas Wentworth Noy Selden and others the House Voted That Common Fame is a good Ground of Proceedings for that House The King sent a Message to the Commons by Sir Richard Weston That he took Notice of the Seditious Speech of Mr. Coke and of Dr. Turners Articles against the Duke of Bucks but indeed against the Honour and Government of the King and of his Father That he cannot suffer an inquiry on the meanest of his Servants much less against one so near him and wonders at the foolish impudence of any Man that can think he should be drawn to offer such a Sacrifice much unworthy the Greatness of a King and Master of such a Servant He desireth the Justice of the House against the Delinquents That he be not constrained to use his Regal Power and Authority to Right himself against these two Persons Dr. Turner Explained himself and said That to Accuse upon Common Fame was warranted by the Imperial Laws and by the Cannons of the Church That this House in the time of Henry the Sixth did upon Common Fame Accuse the Duke of Suffolk And that Sir Richard Weston himself did present the Common Vndertakers upon particular Fame The next Day Dr. Turner wrote a Letter to the Speaker to excuse his not attending the House by reason of Sickness and submitting to their Judgments but not acknowledging any fault Sr. John Elliot made a bold and sharp Speech against the Duke and present Grievances yet in the midst of those Agitations The Commons remembred the Kings Necessities and Voted to grant Three Subsidies and Three Fifteens Upon a Message from the King both Houses Attended him at Whitehall Where he gave the Lords thanks and showed the Commons their Errors and referred particulars to the Lord Keeper who in a plain speech assured the Commons That after the great Affairs setled and satisfaction to the Kings Demands he would hear and answer their just Grievances Tells them That his Majesty excepts to the not punishing of Coke and Turner he praiseth the Duke and his Merit from King and Parliament and declares the Kings Pleasure that they proceed no further in the inquiry touching the Duke And saith That the Supply Voted is not suitable to the Ingagements requires a further Supply and their Resolution thereof by a Day else they are not to Sit longer nor will the King expect a Supply this way Then the King spake again and mentioned Mr. Coke and said It was better for a King to be Invaded and almost Destroyed by a Forreign Power than to be despised by his own Subjects And bids them remember That the Calling Sitting and Dissolving of Parliaments was in his Power Being informed That the House of Commons ordered their Doors to be shut whilst they Debated hereof and that they misunderstood some passages in his Speech and in the Lord Keepers The King ordered the Duke at a Conference of both Houses to Explain it Which being done the duke gave them an Account of the business in Spain and indeavours to vindicate himself in that and all his Negotiations both at home and abroad since his being at Oxford and that he did nothing in single Councels excuseth his not going with the Fleet his Master commanding him into the Low-Countries to Treat with the King of Sweden of Denmark and the States Then the Lord Conway made a large Vindication of the Duke in the Publick Transactions The Lords Petitioned the King against the Precedency chalenged by the Scotch and Irish Nobles To which the King Answered That he would take order therein The Lord Conway wrote a Second Letter to the Earl of Bristol by the Kings Command to Know Whether he would choose to sit still without being questioned for any Errors in his Negotiation in Spain and injoy the benefit of the late Pardon or else would wave the Pardon and put himself upon a Legal Tryal Bristol in Answer would not wave the Pardon nor justifie himself against the King and so makes a doubtful Answer Then he Petitions the Lords for his right of Peerage to have a Writ to attend the House and that after two years restraint he may be brought to his Tryal in Parliament The Lords Pray the King That Bristol and other Lords whose Writs are stopped may have their Writs and they had them and the Duke showed the Lords a Letter from the King to Bristol charging him That when the King came first into Spain Bristol advised him to change his Religion and that he prejudiced the Business of the Palatinate Bristol by Petition to the Lords acquaints them That he had received his Writ to attend the Parliament but withal a Letter
Judges were sent for to be consulted with touching the Tryal of the Lord Audley who was Indicted for a Rape committed upon his Wife with his assistance by one of his own Servants and for Buggery The Tryal was very solemn before the Lord Keeper made Lord High Steward for that day and eight Judges Assistants and twenty seven Peers the Jury or Judges of the Fact The Matters were of the most horrid and foul wickedness that ever was heard of and therefore I have esteemed it not convenient to preserve the memory of the particulars of such infamous and beastly Abominations By Letters from the Lord Keeper all the Judges of the King's Bench were required to come up to London and the business was for their Advice touching the Conference had in Germany between certain Scots about making of the Marquess Hambleton Head of a Party against the King and his Kingdoms of England and Scotland and what was sit for the King to do thereupon The Lord Rea a Scotch Baron did Impeach Ramsey and Meldram for moving him to this Conspiracy They denied it punctually and no Witness could be produced Ramsey a Souldier offered to clear himself by Combate that he was innocent and the Appellant Rea accepted of the Challenge The King was desirous it should be put upon a Duel and the Judges were consulted with 1. What the Offence was 2. Where the Tryal should be 1. They all with the Lord Keeper were of Opinion That it was an high and horrible Treason if that in the Examinations were true 2. That the Tryal might be by an Appeal of Treason upon which Combate might be joyned but that the King must make a Constable durante bene-placito for the Marshal could not take the Appeal without him and that it must be after the manner of the Civil Law the Judges not to intermeddle Car. 6 The Judges were also of Opinion That this proceeding before the Constable and Marshal was as it was before the Stat. 35 H. 8. c. 2. and that that Statute devised a way how to try foreign Treasons in England but did not take away the other and that the Stat. 1 Mar. cap. 10. did not take it away nor intend it and that a Conviction in this Appeal was no corruption of Blood nor a forfeiture at the Common Law According to the advice of the Judges there was a Court of the Constable and Marshal appointed and the Earl of Lindsey made Constable for that purpose and the proceedings between Rea and Ramsey in that Court were very solemn and multitudes of people attending that Novelty In this Tryal it was delivered for Doctrine That if the Defendant do send a Challenge to the Appellant it is a proof of the Defendant's guilt That no Testimony is to be neglected in matter of Treason And the Story in Livy was cited That it is not base to undergo any Office to save a Nation but that it was unbecoming a gentle-man to fish for Circumstances and then to be an Informer That in France the holding up of the Hand is taking an Oath and in this Case it was urged That if Ramsey be guilty of Treason that Rea is so likewise for that both did speak the words in the Accusation The Business was taken up by the King through the interest of the Marquess Hambleton whose Servant Ramsey was and the Lord Rea returned to his Command under the King of Sweden in Germany Sir Nicholas Hyde chief Justice of the King's Bench died in August this year he was promoted to that place by the Duke of Buckingham and demeaned himself in it with good Integrity and prudence in those difficult times he was somewhat reserved and not affable In Michaelmas Term certain Questions were propounded to the Judges touching the Clergy 1. Whether Clergy-men were bound to find Watch and Ward Day or Night To this the Answer was deferred till the Judges had informed themselves of the practice in the Countries where they went Circuit 2. Whether Clergy-men might be compelled to take Apprentices by the Stat. 43 El. of the Poor On this all agreed that no man was out of the Statute but there was a discretion to be used in the Justices of Peace to consider where it was fit to put the Child to be kept and where it was fitter to take money toward the putting of it out And it was held that the meaning of the Statute was not for the Education of them in Arts but for Charity to keep them and relieve them from turning to Roguery and Idleness so a man's House was as it were an Hospital in that case rather than a Shop of Trade for they might be brought up to Husbandry Cookery Dayery and the like Services in an house This Case I have reported because it sheweth somewhat of the expectation and temper of the Clergy in that time The same likewise appeared by proceedings against some of the University of Oxford for Sermons preached by them against Arminianism and upon other Points of Religion then in Controversie upon which divers of them were censured and some expelled the University Much difference of Opinion was also preached and published touching the Observation of the Lord s-day And in the North they kept their Wakes and Ale-meetings upon the Sabbath-day Whereof complaint being made at the Assizes Judge Richardson was so hardy as to make an Order to suppress them But the Bishops took this as an Intruding upon the Ecclesiastical Power and Bishop Laud complaining of it to the King the Judge was checkt and occasion was taken from hence to republish the former Book for allowance of Pasttimes upon the Lord's-day which was not very pleasing to many who were no Puritans as well as to them generally About this time the Repair of Pauls was set on work chiefly by the Zeal of Bishop Laud and new Images and Ornaments other than formerly were set up to the discontent of many persons The King came himself to this Church and made a kind of Procession to view it and granted a Commission to some Bishops and others to have a Contribution and to see the Work done Some affirm that about Eighty thousand pounds was gathered for it and Sir Paul Pindar is remembred to have laid out Nineteen thousand pounds of his own Money towards it A piece of London Bridge was burnt down The King fell sick of the Small-pox but was well recovered again to the joy of his Subjects Anno 1632. Car. 8 The Chancellor of Poland came Ambassador hither for Assistance against the Turks and got some Money and two thousand Men of our King He was bred up a Lawyer and at length came to be a principal Civil Officer of Justice and was also at the same time a great Commander in the Army In November our Queen was brought to Bed of the Princess Mary Our King sent an Ambassador to the King of Sweden in behalf of the Prince Elector in
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
into the fire these bloody and mysterious Volumes of constructive and arbitrary Treason as the Primitive Christians did their Books of curious Arts and betake your selves to the plain Letter of the Law and Statute that telleth us what is and what is not Treason without being more ambitious to be more learned in the Art of Killing than our Fore-fathers It is now full two hundred and fourty years since any man was touched for this alleaged Crime to this height before my self Let us not awaken these sleeping Lions to our destructions by taking up a few musty Records that have lain by the walls so many Ages forgotten or neglected May your Lordships please not to add this to my other Misfortunes let not a President be derived from me so disadvantageous as this will be in the Consequence to the whole Kingdom Do not through me wound the Interest of the Common-wealth and howsoever these Gentlemen say they speak for the Common-wealth yet in this particular I indeed speak for and shew the Inconveniences and mischiefs that will fall upon it For as it is said in the Statute 1 H. 4. No man will know what to do or say for fear of such Penalties Do not put my Lords such Difficulties upon Ministers of State that men of VVisdom of Honour and of Fortune may not with chearfulness and safety be imployed for the Publick if you weigh and measure them by Grains and Scruples the publick Affairs of the Kingdom will lie wast no man will meddle with them who hath any thing to lose My Lords I have troubled you longer than I should have done were it not for the Interest of these dear Pledges a Saint in Heaven hath left me At this word he stopt awhile letting fall some tears at her Memory then he went on What I forfeit my self is nothing but that my Indiscretion should extend to my Posterity woundeth me to the very Soul You will pardon my Infirmity something I should have added but am not able therefore let it pass And now my Lords for my self I have been by the blessing of Almighty God taught That the afflictions of this present life are not to be compared to the eternal weight of glory which shall be revealed hereafter And so my Lords even so with all tranquility of mind I freely submit my self to your Judgment and whether that Judgment be of Life or Death Te Deum landamus Certainly never any Man acted such a part on such a Theatre with more Wisdome Constancy and Eloquence with greater Reason Judgment and Temper and with a better Grace in all his Words and Gestures than this great and excellent Person did and he moved the hearts of all his Auditors some few excepted to remorse and pity After he had done Pym and Glyn endeavoured to aggravate his Offences and so both Houses rose The Commons thought fit to justifie their Charge by Law to be Treason To which effect Mr. St. John one of the Committee made an elaborate and learned Argument It was insisted upon amongst many other things That in the Stat. 25 E. 3. the Index of Treason is a Salvo that because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason in time to come should be punished as Treason April 17. The Point in Law was argued for the Earl by Mr. Lane the Princes Attorney Mr. Loe Mr. Gardiner and Mr. Lightfoot were also present of his Councel Mr. Lane argued upon the Statute 25 E. 3. That it was a declarative Law not to be extended by Equity Consequence or Construction but by the express Letter only and being a Penal Law admitted no Inferences Penalties being to enforce obedience to known Laws not to doubtful or conjectural As to the Salvo he said That 6 H. 8. 4. a Petition was preferred by the Lords to have all Treasons limited by Statute and in that Parliament Chap. 20. an Act was made whereby that Salvo in 25 E. 3. was repealed and nothing to be Treason but what was literally comprehended in the Statute 25 E. 3. After this a Bill was brought into the House of Commons to attaint the Earl of high Treason upon Debate whereof they voted him guilty of high Treason And 19. April upon the Ingrossment of the Bill it endured a sharp Debate The Lord Digby and divers others appearing eminently for the Earl against the Bill but upon division of the House the Bill was passed yet there were fifty nine Dissenters This was 21. April and the same Afternoon it was sent up to the Lords April 24. The Lords were put in mind to appoint a Day for the reading of the Bill of Attainder and 29. April Mr. St. John by command of the House of Commons in the presence of the Lord Strafford offered to the Lords Reasons and Authorities to satisfie them and to justifie the Bill by Law The House of Commons in the mean time petitioned the King 1. For removing Papists from Court. 2. For disarming of them generally 3. For disbanding the Irish Army To which the King gave Answer 1. That all knew the legal trust the Crown had in that particular that he would use it so as not to give just cause of scandal 2. He was content it should be done by Law 3. Vpon Consultation he found many Difficulties therein and so wished the Disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English May 1. The King called both Houses of Parliament together and did passionately desire of them not to proceed severely against the Earl whom he answered for as to most of the main particulars of the Charge against him tells them that in Conscience he cannot condemn the Earl of high Treason and that neither fear nor any other respect should make him go against his Conscience But for Misdemeanours he is so clear in them that he thinks the Earl not fit hereafter to serve him or the Commonwealth in any place of trust no not so much as a Constable May 2 d The Marriage was solemnized at Court between the young Prince of Orange and the Princess Mary the King's Daughter This day being Sunday from some Pulpits it was preached to the People the necessity of Justice upon some great Delinquents now to be acted And the next Morning May 3. a Rabble of about six thousand out of the City came thronging down to Westminster with Swords Cudgels and Staves crying out for Justice against the Earl of Strafford pretending decay of Trade and want of Bread They applyed themselves to the Earl of Mont-gomery who gave them good words and endeavoured to pacific them which is the best way in popular Tumults and yet this Multitude were very rude with some of the Lords and they posted up at Westminster the Names of all those Members of the House of Commons who had Voted for the Earl and
That the next morning the Enemy appeared again and was beaten back by the Parliaments forces who behaved themselves with very great courage doing great execution but the certain number of the slain on either side was not known that he hoped Middleton was on his way towards him The House ordered a Letter of thanks to be written to his Excellence and to assure him that he should not want their utmost assistance The Commissioners of the Great Seal ordered to grant Commissions of Sewers Middleton fell on a party of the King's forces in Lancashire upon the first charge of them by Colonel Booth they fled and were totally routed the Lord Byron and the Lord Mollineux escaped by the darkness of the night divers of them were killed and many inferior Officers and others taken By Ordinance the Wardship of the Lord Brook was settled upon his Mother Divers Gentlemen and Officers who were of the Earl of Newcastle's Army came into the Parliament desiring to make their compositions The Commons being informed that the Prince Elector was landed at Graves-end appointed a Committee to attend him with salutations from the House and to consider of his reception at White-hall prepared for him An Ordinance for liberty for Foreigners to trade here provided that they bring no Ordnance Arms nor Ammunition which shall be employed against the Parliament Divers of Worcestershire offered to raise forces for the Parliament and an Ordinance passed for that purpose Middleton took a Troup of the King's horse near Exeter The Prince Elector was brought to White-hall with great respect by a Committee of Parliament September 1644. Letters from the General to the Parliament inform that they had the best in many Skirmishes and acknowledge God's goodness in delivering them and the whole Army from a Conspiracy of the Enemy to blow up two of his Waggons with 60 Barrels of Powder in them That when they thought to have effected this design they drew up their whole Body towards that part of the Parliaments Army expecting the blowing up of his Magazine upon which they intended to fall upon his forces and not to have given quarter to any of them This Plot was so closely carried and so near effecting that in each of the Waggons an Engine was placed to doe the work the ends of them fastned to lighted Matches which were burnt within an inch of the Wild-fire when it was discovered and the other Match was burnt to the very neck of the Engine where it was to give fire and there the Coal of it self went out The Engine was sent up and shewed to the Parliament by which the strangeness of it and the miraculous deliverance from that Plot appeared The Letters conclude If succour ome not speedily we shall be put to great extremity if we were in a Countrey where we could force the Enemy to fight it would be some comfort but this Countrey consists so much upon passes that he who can subsist longest must have the better of it which is a great grief to me who have the command of so many gallant men My Lords I am sorry I have no discourse more pleasing resting Your Faithfull Servant ESSEX Upon this Letter the House ordered that the Earl of Manchester should send a party of Horse and Foot for the assistance of the General but neither any from him who was indeed furthest off nor of Waller's Forces who some thought did not make much hast in this business nor Middleton nor any other of the Parliaments Forces but his own Army came up to give him any the least assistance Liberty was given to Delinquents who were gone beyond Sea to return hither to make their compositions with the Parliament A Messge of Complement was sent to the Prince Elector and likewise to acquaint his Highness that the Parliament conceived that his Residence at this time in Foreign parts might be of greater advantage to the Publick Indeed the Parliament were jealous considering his near relation to the King and the engagements of his Brothers in the King's Service that the Prince Elector would do no good offices for the Parliament here The Archbishop was again brought to the Bar of the Lords House where he made his last general Defence to the Charge against him and a day was appointed for the Commons to make their reply In the Archbishop's Diary under his own hand are passages of his being offered to be made a Cardinal which he said that he could not suffer till Rome were other than it is The Prince Elector sent a Message to the Parliament That he held himself much obliged to them for their former favours that his coming was to express that in Person which he had often done by Letters of his affection to them and the Cause which they maintain and to take off such Jealousies as the Actions of his nearcst Kindred or ill Offices of the Enemy might by his absence cast upon him That his wishes are constant for their good success for a thorough Reformation and his desires are to be ruled and advised by their grave Counsels and would be ready to serve them Sir William Brereton's Letters informed that he sent Colonel Jones with a party who fell upon 2000 Horse of Prince Rupert's about Malpasse took 140 Horse two Majors and divers inferiour Ofsicers and Souldiers slew Colonel Baines and Co-Ionel Connyers in the place with three Majors and 100 Common Souldiers routed the whole Brigade and forced them to flie back to Chester and Sir Marmaduke Langdale was wounded in the fight This Colonel Jones was a Barrister at Law a Gentleman tam Marte quam Mercurio and shews that the undertaking of a Civil Profession doth not disable but rather further a man in Martial Affairs when there is occasion of trial Major Dowet marching with a party of the Parliaments forces in Somer setshire was set upon by Captain Poulton whom he took Prisoner with his Lieutenant thirty Horse and twenty Souldiers and routed all the party Colonel Sands for the Parliament besieged Pomfret Castle and Sir Thomas Fairfax was before Hemsley Castle where he was shot into his Shoulder and well again The Commons took order to reconcile some private differences between some Majors General and the Associations under them Colonel Purefoy and Colonel Boswell came up with Forces and some Ordance to assist the Besiegers of Banbury Sir William Waller lay still at Farnham near Basing-house The Commissioners for the Court-marshal kept a particular Fast-day to pray to God for his directions to them in that business A Committee was appointed to meet with the Common Council of London and to advise with them touching the business of Farthings Letters from Sir William Waller desire the supplies allotted to him may be speedily sent and the forces that are to joyn with him he expresseth his forwardness to assist the Lord General and calls the God of Heaven to witness it is not his fault and wisheth the
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
the King to acquaint him that the Houses desire a Treaty with his Majesty's person in what place of the Isle of Wight he shall appoint upon the propositions tendered to his Majesty at Hampton Court and concerning Wards and Liveries and to treat with honour Freedom and safety to his Majesty's person To this Vote the Commons added And with safety and freedom to the Commissioners 2. To receive such other propositions to be treated on as shall be presented to his Majesty 3. The Commissioners to be dispatched within two dayes with these Votes and to return within ten dayes The Lords chose the Earl of Middlesex and the Commons chose Sir Jo. Hippesly and Major Bulkley Commissioners to go to the King A Paper presented to the Lords from Major Huntington of the reasons why he left the Army and touching the carriage of Lieutenant General Cromwell and Commissary General Ireton since the Parliaments going to disband the Army and of overtures to his Majesty The Duke of York went back to Holland and the Prince continuing in the Downes sent a Letter to the Merchant Adventurers of London signed with the Prince his hand which was delivered and read in Common Council The effect of the Letter was to signify that his Highness had caused to be staid divers Merchants of London but would discharge them again upon condition that the City would send him twenty thousand pound with this his Letter the Prince sent to the City his Declaration that his endeavour was to rescue the Kings Majesty his Royal Father from base imprisonment to restore the Rghts and Liberties of London c. as before The Common Council ordered to acquaint the Parliament herewith the next day 3. Debate of an Ordinance to give Commission to the Lord Admiral to execute Martial Law A Committee from the Common Council presented to the House a Copy of the Letter and Declaration sent from the Prince to the Lord Mayor Aldermen and Common Council of London who commanded Copies thereof to be presented to both Houses before they did any thing concerning the same After much debate the House ordered the Originals to be sent to them the Copies not satisfying and that no answer be returned by the Common Council nor they to proceed thereupon without special leave from Parliament Order for the Committee of the Army to bayle such Officers of the Army then in restraint who were in the Kentish insurrection as that Committee should think fit and the rest to be examined by the Committee of Kent Reference to a Committee to slight or continue Queenborough Castle as they should think fit and to the Committee of Derby House to consider of the Fort at Gravesend if it be tenable to fortify it and provide Ordnance for it 4. Debate upon the Prince his Declaration and Letter to the Common Council which was brought to the House of Peers from the Common Council but not to the House of Commons After most part of the day spent in debate thereof the Commons voted That all persons subjects of this Nation and others who did joyn with or assist Prince Charles in this war by Sea or land against this Kingdom are Traitours and Rebels and ought to be proceeded against as such and this Vote ordered to be printed and published Order for one thousand pound for the Children of D r Twisse The Ordinance past the Commons for better regulating of the Estates of Papists and Delinquents Letters from Colchester Leaguer That a small party came out of the Town and were beat in again That divers Souldiers Horse and Foot a Lieutenant a Cornet and an Ensign came out of the Town to the General and said that many more of their Party watched for an opportunity to do the like and were weary of eating Horse-flesh The Town of Yarmouth returned an answer to Colonel Scroope that they will adhere to the Parliament against all interests and if his Excellence the Lieutenant General shall command it they will admit Colonel Scroop's Forces into the Town and that he shall have liberty upon all occasions to march through the Town and that they are able of themselves to suppress all tumults that shall arise 17. of the Enemy came out of Colchester to the Parliament guards complaining that their allowance of Bread in the Town was abated from fourteen ounces to ten ounces a day and that their Horse-Flesh was much tainted That twenty more came out of the Town to the General complaining of the Horse-flesh and said that many of their fellows will come after them 5. Order for a day of publick humiliation to bewail the Sins of the Nation and to pray to God for seasonable weather Debate upon the Ordinance for settling Church Government Order for two thousand Oaks for repair of the Town of Lynn The self-denying Ordinance for taking away all publick places of benefit conferred upon any Member of Parliament since the beginning thereof was debated and committed This was looked upon as a design tending to remove Whitelock again from being a Commissioner of the Seal which was not a place of profit to him having left his practice that brought him in near two thousand Pounds a year and the profit of this place being not above fifteen hundred Pounds a year Letters from Colchester Leaguer That they conceive themselves able to take the Town by Storm when they please but hope to have it without and are not willing to lose so many mens lives as a storm will cost that the flux increaseth among them in the Town and that two hundred of their men lately ran from them to the General that they exchanged thirty five Prisoners with the Town 7. The House being called and a small appearance another day ordered for a new call Debate upon the ordinance for the Militia Order for six hundred pound for M r Sleigh late Major of Berwick in regard of his losses when the Town was surprised Order for the General to recall his orders for the March of Sir Hardress Waller out of the West that the Country might not be left in danger and for pay for his Brigad Sir William Masham was exchanged for M r John Ashburnham Letters from the North of the advance of Lieutenant General Cromwel towards Major General Lambert whom he desired not to ingage with the Scots before his coming up to them Commissioners were sent to Treat with Colonel Boynton for the surrender of Scarborough Castle to the Parliament from whom he had revolted but they made no agreement with him that the Commissioners shot in a Printed order to the Souldiers in the Castle promising them one thousand Pound to deliver it up to them That Appleby Castle was surrendred to Major General Langdale upon conditions that some quarrels were between his men and the Scots who killed an English man and one of Langdales men killed a Scots man that the Scots Army
but it is for the People's sake A reverence to the person of the Judge procures a reverence to the Law pronounced by him but I shall hasten to speak a few words of the duty belonging to your Office as you are the Chief Judge of this Court and in your Circuits and other publick imployments in the Common-wealth For the duty of a Judge there cannot be a better direction than that Council which Iethro gave to Moses for the appointing of Judges That they should be men of Courage and men of truth fearing God and hating Covetousness For Courage I remember in a speech upon the like occasion with this of a Judge whose memory I have particular cause to honour That the life of a Judge is Militia quaedam if not Martyrium quoddam in both which Courage is requisite against the assaults of Friends of family of servants and the many importunities and temptations which he shall meet withal and a Martyr he must be in bearing the provocations censures scandals and reproaches which will be cast upon every Judge one Party being always displeased and not sparing especially in these times to censure the Judgment be it never so upright He must want no Courage to resist even the highest and greatest Powers The Stat. 2 E. 3. cap. 8. saith it is accorded and established that it shall not be commanded by the great Seal nor the little Seal to disturb or delay Common right and though such Commandment do come the Justices shall not therefore leave to do right in any point and to execute this Law requireth Courage Pursuant to this is the Statute 14 E. 3. c. 14. and the Parliament Roll 45 E. 3. n. 44. and 2 R. 2. n. 51. and all these are only declaratory of the Common Law as is evident before any of these Statutes by the close Roll 7 E. 2. M. 15. where in a Writ to the Chief Justice of the Common-Pleas the King commandeth quod propter aliquae Mandata vobis sub magno aut privato Sigillo they should not forbear to do right Justitiam nemini denegando nec ctiam deferendo and in our Books 1 E. 3. fol. 26. and 2 E. 3. fol. 3. if the King command the Judges to do that which cannot be done by Law they shall not do it According to Magna Charta nulli negabimus nulli deferemus Justitiam vel rectum and this the words of your Oath enjoyn The old Law of Edward the Confessor in Lambert fol. 38. commands the Judges to be equal to all nec quicquam formident quin jus Commun◠audacter libereque dicant For this we have an excellent President in Matthew Paris fol. 971. 41 H. 3. who relates that nobiles firmius confaederati constituerunt sibi Justitiarium virum ingenuum militen◠illustrem legum terrae peritum Hugonem Bigod qui Officium Justitiarii strenue peragens nullatenus permittat jus regni vacillare this is good Example of a Chief Justice and this jus regni is highly intrusted with every judge and I doubt not but that your self who have this trust hitherto so well performed and the rest whom the Parliament shall preferr will perform this great trust with Courage against which fear is not admitted for an excuse for so is the Petition of the Commons in the Parliament Roll 1. H. 4. n. 47. That the Lords nor the Judges be not received in time to come for their excuse to say that they durst not do or say the Law or their intent for doubt of Death because ils sont plus temis de raison de garder leur serment que de doubter mort ou aucune forfeiture one word comprehends all upon this subject in the first of Deuteronomy a Judge must not fear the face of man In the next place they are directed to be men of truth for the finding out whereof there are many incidents requisite as first Learning In the Parliament Rolls 17 E. 3. the Commons petition that none may be made Justices but men of Learning and King Alfred took great care in appointing and examining his Judges that they should be Learned as Asser Menevensis testifies and Bracton saith of an unlearned Judge ex alto corruit quia volare satagit antequam pennas assumat The Parliament have manifested their care for the choice of Learned persons to be Judges witness your self Mr. Serjeant and those reverend Brethren of yours whom you will find upon the Benches men able to understand and convince the subtleties of any arguments tending to obscure the truth and thus Judges ought to be qualified Industry is as requisite for the finding out of truth the burden of our profession growes the heavier when we are the less able to bear it a Judge is more conversant with his Books and more spent with travail and attendance upon the affairs of others in his old Age than was required of him when a young Student Oportet Judicem cuncta rimari Patience is also necessary for the finding out of truth when the Judgment is clouded with passion the truth will not be clearly discerned the digest directs a Judge not to give opprobriosa verba to any in Judgment no impertinences importunities clamours nor reproaches must move him he is to learn from the unbeseemingness and intemperances of others passions the better how to govern his own He must also be patient in allowing sufficient time both for that which is not material as for that which is the distinction is not easy but by the discretion and ingenuity of Councel ' The Law of Henry 1. in Lambert 186. saith ipsi co-agentes frequenter interrogandi sunt an amplius dicere velint an inde judicari quia multa per surreptionem eveniunt the words of our Judgments are significant to this purpose and shew the patience of your predecessors visis plenius intellectis maturà deliberatione habit◠consideratum est This was of so high esteem among the Romans that Cicero affirms Sola Judicis justitia est patentia and surely that Judge doth seldom determine justly that doth not hear patiently Advice is very requisite for knowing the truth and it hath been the custom of the reverend Judges in doubtful Cases to have the opinion and advice of their Brethren according to that direction 1 E. 3. fol. 11. where one Judge tells his Companion that he should not begin a new thing until he had heard his fellows 7 H. 6. a Judge of the the Common-Pleas sent into the Hall to know the opinion of the Judges of the Kings Bench and of the Barons of the Exchequer in a Cause then before him In the Raign of E. 2. and upwards when any difficulty was then all the Judges and Sages of the Law determined it and their Assembly and resolution was entred in the Roll. In the great Case of the Quare Impedit between the King and the Prior of Worcester concerning an appropriation the record saith ad quem diem c. examinatis
to my observations upon the words of your Writ which I shall take in order as they are 1. Quia de Advisamento Concilii nostri c. These words are in the Writs of Creation of Peers and in the Summons of them both Spiritual and Temporal and of the Judges and Kings Council to the Parliament and in your Writs but in no other except upon some high and weighty occasions touching the publick safety and the like And for your greater Honour this Council by advice of which you are called to this degree is the great Council of the Kingdom The Next words in your Writ are Ordinavimus vos c. in the plural Number in the second person which is an Enalage of Number chiefly to express Excellency in the Person to whom it is referred Selden in his Titles of Honour f. 121. showeth the use of it in the Jewish Nation and in France Spain Germany and other Countries and always is in dignity of the party to whom applyed and the stile of the Chancery is so only to the Peers the Judges the Kings Council and to Sergeants Therefore 29 E. 3. f. 44. In a Quare Impedit the Writ was Precipite and excepted against as false Latin but Thorp said it was not false Latin but the plural Number only to express Reverence to the person the other answered that no such reverence is done to a Sheriff and for this the Writ was abated The next words in your Writ are ad Statum c. which sheweth dignity and honour given to them The Author of the Manuscript formerly cited by me allows the Sergeants but little state where he saith they kept their Pillars at Pauls where their Clients might find them as if they did little better than Emendicare panem This was somewhat far from Westminster-Hall and as far from truth being grounded upon a mistake of one of their Ceremonies of State where they went to Pauls to Offer A Manuscript of the Call of Fitz James and other Sergeants 11 H. 8. saith that their Steward brought every one of them to a several Pillar in Pauls and there left them a time for their private Devotions no Convenient time for Clients In the Register a Writ of Ex gravi Querela mentions a devise to a Priest to say Mass at a Pillar in Pauls and I believe most of us both in this and other great Churches have seen old people kneeling at the Pillars in their private prayers Our old English Poet Chaucer whom I think not unproper to cite being one of the greatest Clerks and Wits of his time had a better Opinion of the state of a Sergeant as he expresseth in his Prologue of the Sergeant A Sergeant at Law wary and wise That oft had bin at the pervise There was also full of rich Excellence Discreet he was and of great Reverence And in his description of the Franklyn he saith of him At Sessions there was he Lord and Sire Full oft had he bin Knight of the Shire A Sheriff had he bin and a Countor Was no where such a worthy Vavasor A Countor was a Sergeant and a Vavasour was the next in degree to a Baron We find in many of our Year-Books especially in E. 3's time that they were joyned with Knights in Assizes Trials of Challenges c. 38 H. 6. f. 31. Prisot saith to the Sergeants they would have no worship by such an Act c. and that word was given to the Lords in those days By the Statute 12 R. 2. c. 10. the same priviledge which is given to the Judges for absence from the Sessions is given also to the Sergeants 34 Hen. 6. Brook Nosme 5. saith that serviens adlegem est nosme de dignity comme Chivalier and it is character indelebilis no accession of honour or Office or remotion from them takes away this dignity but he remains a Sergeant still Their Robes and Officers their bounty in-giving Rings their Feasts which Fortescue saith were coronationis instar and continued antiently seven days and as Holingshed notes Kings and Queens were often present at them and all their Ceremonies and Solemnities in their Creation do sufficiently express the state due unto them The next words in your Writ are Et gradum c. This is a degree of such eminency that the professours of Law in no Nation are honoured with the like with such Solemnities and state as I have before mentioned and by Mandate under the publick Seal of the Common-wealth I find indeed in the preface to the Digest several appellations given to the Students of that Law that they called them Dupondios or Justinianeos and when of further standing Papinianistas When they had proceeded further they called them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and lastly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the title and degree of Doctour of the Laws I acknowledge to merit very much of respect and honour as to the degree and persons honoured with it But such state and degree as this of Sergeants at Law is not among the Municipal Lawyers of any other Nation though all kingdoms have their Municipal Laws and Lawyers as well as we Degrees are rewards of study and learning Nec enim Virtutem amplectimur ipsam Praemia si tollas They are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a spur to-virtue and witnesses of learning And since Gentle-men you have already obtained that depth in your profession as renders you capable of this degree that resolution of all true lovers of learning is worthy of you 1. To say Senesco discens proceed in your Studies still Your predecessors for their learning have been often advised with by the Judges as appears in our Books and by the Parliament as may be seen in the Rolls thereof 2. By this degree you become Chief Advocates of the Common Law an attribute given by Fortescue who was a Sergeant and Chief Justice and Lord Chancellour It imports no less than all antiquity hath appropriated unto Sergeants at Law the practice of that great and Universal Court where all that concerns Meum tuum the inheritances and property of all the people of England are heard and determined This degree Ordaining you to be Chief Advocates the duty of whom pertains to you to be performed and may not be declined by you I hold it not impertinent to mention something to you of the duties of an Advocate which are some of them to the Courts and some to Clients To the Courts of Justice he owes reverence they being the high Tribunals of Law of which Doctor and Student and the Statute Marlebridge saith omnes tam Majores quam Minores justitiam recipiant and therefore great respect and reverence is due to them from all persons and more from Advocates than from any others 2. An Advocate owes to the Court a just and true information the zeal of his Clients cause as it must not transport him to irreverence so it must not mislead him to untruths in his information of the
and that they took no Notice of his scrupling their Authority they Ordered that he should practise within the Bar and gave him a quarters wages more than was due to him Whitelock's name was next in the Act and he was to declare himself whether he would accept of this imployment or not this point he had considered with as much seriousness as he could which the matter required and he had often advised with his Friends about it being before hand acquainted that he should be named for one of the Commissioners The most considerable particulars were that he was already very deeply ingaged with this Party that the business to be undertaken by him was the Execution of Law and Justice without which men could not live one by another a thing of absolute necessity to be done Yet many objections were made against his acceptance of this place which being mentioned by him in his speech to the House to be excused it is thought fit here to insert that speech as near as it could be taken M r Speaker I AM now to declare my self whether I will accept or refuse the highest place of Ordinary Judicature in the Kingdom to which your favour and good Opinion hath been pleased to name me I shall plainly lay before you the motives that occurr to me both for the acceptance and refusal of it and my humble suit upon them and I shall submit all to your pleasure and judgment The motives I shall confine my self unto are four of either sort 1. For my acceptance of it may be the honour of the service the greatness of the place which may sway much with some others but not with me whose ambition is of a lower stature I never affected great places it is sufficient honour to me to be a Member of this honourable House I desire no further honour and if honour be in honorante good actions will render a man more honourable than the ceremonies and pageantry of high places which may take with some of gayer Spirits more than it doth with me 2. The second Motive for acceptance is the profit of the place and that is very considerable with most men I bless God he hath given me means convenient for me and I hope he will bless that to me and keep me from wasting that which must be a provision for many Children And to me Mr. Speaker this is not so great a motive as it may be to others because those that know my course can testify that the benefit of my practice was more than the Salary of this Office though I acknowledge your bounty to your Servants 3. The third Motive is the command which this great Officer hath over the persons and fortunes of men which is a pleasing thing and much sought after by men in this world the spirit of domination being natural to us But Sir in this I am of my Lord of St. Albans Judgment who holds that men in great place are so far from having command that they are very slaves themselves slaves to great men and slaves to business and cannot command so much as their own time 4. The fourth Motive is the end of the service which is to do right and justice to men to relieve the oppressed to serve God and to serve you and my Country which will be done by a due performance of the duty of this place And this to me especially at this time is the greatest and strongest motive of all others Yet give me leave Sir on the other side to lay before you the motives for my refusal of this imployment which in my humble opinion do far overballance the other 1. The first of these motives is the trouble of the place which hath the greatest and most constant labour in it of any other place in England this Shop of justice must be alwaies open nullus recedat a Cancellaria sine remedio The business of the Chancery is certainly more than of any other Court the trouble must needs be the greater and the burden the heavyer too heavy for me to bear It is trouble enough and no easy duty for one man to attend the service of this House it is more than doubled by being a Commissioner of the Great Seal whereof I have some experience and it hath brought me to be of the Poets opinion Beatus ille qui procul negotiis a condition longed for by me 2. The second Motive for my refusal is the danger of this imployment through the envy of men more in these times than others and through the importance of the business in the which as in War non licet his peccare There will be Watch-men enough for one failing and one Party almost in every cause determined by him will be ready to accuse and condemn him no man can sit in this place but he must expose his person and fortune to no little danger 3. The third Motive is the difficulty of this imployment some will labour to conceal or obscure the truth as much as eloquence learning and subtlety can invent and it is hard to discern the clear truth through these shadows The Judges of the Common Law have certain rules to guide them a Keeper of the Seals hath nothing but his own conscience to direct him and that is ofttimes deceitful The proceedings in Chancery are secundum arbitrium boni viri and this arbitrium differeth as much in several men as their Countenances differ That which is right in one mans Eyes is wrong in anothers nothing is more difficult than to satisfy in Judgment and this leads me to the last and strongest motive for my refusal of this imployment which is 4. My unfitness and want of ability to under go it I mention not my want of ability of Body though this place require much Pains Labour and continual attendance and my health is not a little impaired and my Bodily infirmities increased by my late services but I hold my self obliged to lay down my Life to serve you I may more insist upon my want of abilities of mind to perform this great Charge and this is best known to my self though I confess it hath been too much likewise discovered to you both upon former occasions and at this persent and it were not fit to honour me by this place and to dishonour your selves by my weak execution of it Perhaps it may be objected that these are but pretences whereof you are the most proper Judges I do acknowledge that it will not become me to oppose my judgment to yours but I am most conscious to my self of my own disabilities and beg your consideration of them A greater objection is that if I decline this service at this time it will be a kind of disowning your Authority as unwarrantable and illegal and a giving of my Judgment against your proceedings upon the present alterations made by you This Sir is far from me and I suppose I have given my testimony otherwise in the
of the House and of the City ordered to return the hearty thanks of the House to the Lord Mayor Aldermen and Common Councel for their great Love and Civilities yesterday expressed to the Parliament and Army Referred to a Committee to consider what mark of Honour and Favour the Parliament should bestow upon the City for their real Affection to the Parliament Some Aldermen and Common Councel men in the name of the Lord Mayor Aldermen and Common Councel presented the Lord General with a large and weighty Bason and Ewer of beaten Gold as a testimony of the Affections of the Giny to his Excellence They also presented from the City to the Lieutenant General Cromwel Plate to the value of 300 l. and 200 Pieces in Gold 9 A long debate touching absent Members voted that those who gave their Votes for Addresses to be made to the late King should state their Cases in Writing by a day to a Committee for absent Members which if they neglect to do then Writs to be issued out for new Elections in the places of those who shall so neglect 11 Debate touching the Earl of Chesterfields Composition Letters from the Countess of Leicester and the Earl of Northumberland for allowance for the late Kings Children referred to the Committee of the Revenue to provide Monies for them Order for demolishing Montgomery Castle and allowance to the Lord Herbert for his Damage thereby out of his Fine Order for demolishing Winchester Castle and Reparation for the Damage thereby to Sir Willi-Waller The like for Belvoir Castle and for Reparation of the Damage thereby to the Earl of Rutland referred all to the Councel of State The Act passed for relieving Persons comprized in Articles Another for altering the Original Seales of Caermarthen Pembroke and Cardigan Another for altering the Seal of Nisi-prius of the Common Pleas. Order that the Members of the House and of the Councel of State the Lords Commissioners of the Great Seal and Judges do attend the Funeral of Dr. Dorislaus Letters that the Parliament of Scotland took many exceptions to the Letter sent to them from the Parliament of England That they go on in raising Forces but the Quelling of the Levellers in England did not please them But they bewaile the suffering condition of their Preshyterian Brethren in England That in Scotland are many English Officers and Soldiers who expect imployment when their new King cometh and are out of Patience and Mony by his longstay that the Scots fear a Famine and Execute very many for Witches 12 Order for 6000. Men for the Summer Guard to be Proportioned to the ships and 3000 for the Winter Guard Referred to the Commitee of the Army to conferre with the Councel of State touching the number of Forces to be kept up and the Pay of them Referred to a Committee to prepare an Act upon Sir Henry Vane's report touching the Excise The new Judges were Sworn in the several Courts And it came to Whitlock's turn to make the Speech to those who were sworn Judges of the Common-Pleas Who were Mr. Sergeant Penleston and Mr. Sergeant Warberton Wherein amongst other matters he told them of their being the first Judges Publickly Sworn in this Common-wealth and spake to them concerning Judges in general Judges of this Common-wealth and Judges of this Court. On the second Head he told them That the Judges in this Common-wealth are of as great Antiquity as is the Law it self That the Druides were Judges or Interpreters of the Law Amongst the Pritains And as they studyed the Law 20. Years yet committed nothing to writing So out Judges spend as much longer time in the same study and our common Law is Lex non scripta at this Day He also intimated to them what he found in Ingulphus p. 870. and in Seldens Janus Anglorum of the Division made by King Alphred or Allured in Judices quos nunc Justiclarios vacamus et Vicioomites And in the sanie Author that when W. I. upon the suit of the Abbot of Crowland confirmed the Laws of St. Edward he proclaimed them to be kept et Justiciarijs suis commendabat And then he thus proceeds All these are Testimonies of the Antiquity of our Judges but I hold not this essential to be largely considered save as it falls in our way Neither shall I rob you of your time by an elaborate Discourse of the Honour and Respect due to your Place only you may pardon a few Observations thereupon and the rather for the particular Relation I have to that Calling What respect the Sexons had to their Judges appeares in the Etymology of their Word Grave which signifieth a Judge and an Earl Sir John Danys Rep. As in the old Law of the Ripuarians C. 55. Act 1st The Title being Si quis Graffionem interfecerit The Text is Si quis Judicem Fiscalem quem Comitem vocant interfecerit Seld. Tit. Hon. f. 121. 127. and Haillan f. 274. But to come nearer home we find in the Law of H. 1. This Description of a Judge Regis Judicos sunt Barones Comitatus qui liberas in eis tenras habent villani vero corsetti vel ferdingi vel qui sunt viles aut inopes Personae non sunt inter Indices numerandi Whence appears the reason of the Judges of the Exchequer being called Barons Seld. Tit. Hon. f. 347. and 390. Lambert f. 186. 1 H. 6. f. 7. Agreeable with this is the Testimony of Bracton who saith thus Comites vero vel Barones nonsunt amerciandi nisi per pares suos et hoc per Barones Scaccarij vel corain ipso Rege Vpon which and the Case of the Earl of Northumberland under H. 6. Selden observes that all Judges were held antiently as Barons And the Writ by which they were Summou'd to Parliament is in the same Style and hath in it the same words with the Writs of Summons of Barons Consitium vestrum impensuri Those of the Commons being ad faciendum et consentiendum hiis quae de communi Confilio ordinari contigeunt And in some Entries of Judgments upon Writs of Error in Parliament the words are ex assensn Institiariorum and the Title of Lord was given antiently to all the Judges as appears in divers of our Books and Records and is still given to the Judges of Assize They have their Officers and their Purveyante as the Barons had untill taken away by the Statute front both Rot. Parl. 10. E. 2. pt 2. M. 20. and 2. E. 3. pt 1. M. 33. and Rot. Claus 11. E. 1. and this was taken away by the Statute 4. E. 3. C. 3. Theye be divers Cases and Records of Punishments inflicted on those who gave any affronts to Judges and especially that noted Case of Roger Hengham M. 33. and 34. E. 1. rot 71. in the Receipt of the Exchequer So tender hath the State alwayes been of the Honour of their great publick Officers and as the State
is so the Judges themselves ought to be very tender of that Honour with which they are intrusted which is not so much theirs as the Nations Honour and the Honour of the Law it self They are neither to lessen their Honour by a Cariage too lofty for most Honour is gained by Courtesy and Humilty Nor to lessen their Honour by a Port too low and unbeseeming their Quality But this point needs no consideration in this place I hasten to my last particular which is concerning Judges of this Court. A high and antient Court high in respect of the Vniversality and business of it the Liberties Franchises and Property of all the People of this great Nation are determinable in it And concerning the Antiquity of the Court give me leave upon this Occasion and for the Right and Honour of this Court a little to look into an Opinion delivered by great and learned Men upon that Point Not that I presume upon my slender Judgement to controul theirs but to lay before you their Assertion and what Authorities I have met with in my little reading to the contrary that your selves by comparing both together may the better Judge of the difference Lambert Cowel Serjeant Fleetwood Sir Thomas Smith and a Manuscript concerning Masters of the Chancery all of them do affirm That the Court of Common Pleas was erected by the Statute of Magna Charta C. 11 The Words are Communia placita non fequantur Curiam nostram sed sint in loco certo from hence collect that common Pleus which before were held in other Courts and followed the Kings House were not settled in a Place certain nor the Court of Common Pleas erected til this time Of these Authors Sir Roger Owen in his Manuscript sayeth They are like unto Ostriches Birds of great Feathers yet little Flight I cannot subscribe to their Opinion upon these Grounds Beda f. 10. relates that the prime Monarch with the consent of the States of Parliament allotted Pleas of the Crown to one Court Common Suits of Subjects to another and Matters of Revenew to a third and this was long before Magna Charta They mistake the Words Curiam nostram in this place of Magna Charta to signify the Kings House which had not then that appellation but the Word curia had another signification Among the Romans whose Word it is Curia sometimes was taken for the 30th part of the People into which Romulus divided them but more frequently it signifyed with them an Assembly of Clergy-Men and Lawyers as Curia Hostilia Pompeya Julia c. St. Augustine in his Coment upon the 121 Psalm sayeth that Curia improperly is taken for a Tribe but properly signifies the Courts of Justice in Cities and Countries In the same sense the word is taken with us and was so before any applications of it to the Kings House as is plain in the Mirror of Justices Glanvil the Stat. of Marlbridge 52. H. 3. the Stat. W. 1. 3. E. 1. and W. 2. 13. E 1. and others and in Walsingham Ingulphus Hoveden Paris and all our Chief Historians In H. 3. time and after Hospitium Regis was generally the Kings House as Maresehallus Hospitii Senesehallus Hospitii in their Letters Patents and Britton calls it Hostel du Roy. That ground then will fail them that by the word Curia in Magna Charta is meant the Kings House but as Sir Roger Owen and others conjecture by it is meant the Courts of the Chancery Kings-Bench and Exchequer The Case 21. E. 3. Fitz. Bre. comes to this where a Writ de rationabili parte Bonorum was brought in the Kings Bench the Defendant pleaded this part of Magna Charta Comunia placita non sequantur Curiam nostram and though he had been at issue yet the Plantiff would not proceed And in 26. E. 1. in the Treasury one Nicholas de Scotland brought assize for Land which was reversed for Error in the Kings Bench where the Judges willed Nicholas to arraigne a new Assize in the Common Pleas because by the Words of Magna Charta Common Pleas ought not to follow Bancum Regis and there are no other words Curiam nostram in Magna Charta but these In the Stat. Articuli super Chartas it is said No Common Pleas shall hereafter be held in the Cheq against the tenour of the great Charter and there be no words restraining suits of Common Pleas by the great Charter but these To make it more plain It is agreed by Hoveden Paris and others and I think not to be denyed that Magna Charta were the Law of Edward the Confessor And in that Case 21. E. 3. the Defendant pleaded this part of it not as an Act of Parliament but as a common Consent and Custom To this purpose that is pertinent 26. Assis p. 24. where the Abbot of B. prescribes to have Cognizance of Pleas and to have an Original out of Court by usage in the time of St. Edward Kings And that H. 1. by his Charter confirmed all the usages and that they should have Cognizance of all manner of Pleas so that the Justices of the one Bench or the other should not intermeddle upon which my L. Cook Lit. 71. B. Collects that then there was this Court and these Judgse In the Treasury of the Chequer are many Records of Pleas of King H. 2. R. 1. and King John dated in the Court of Common Pleas. In an antient Roll there is contained the suit between the Abbot of Aniou and the Abbot of Crowland about the Meers of a Marsh in the Court of Common Pleas in R. 1. and King John's time and the names of the Justices set down in the Roll thus Justitiaru in Banco residentes and the Chancellor writes to them by that Name Glanvil in his second Book writes of them which would not wage Battle but have their Matters tryed by a Jüry f. 14. that they were to be tryed coram Justitiarijs in Banco residentibus In Glanvils 4. Book it is said that Quare impedits are returnable coram Justitiarijs apud Westmonasterium which they are to this Day In his eighth Book he writes though Fines were levyed in many other Courts yet still they were ingrossed coram Justitiarijs in Banco residentibus and so they are to this day An Act past for Mr. Broughton to be Coroner of the upper Bench. Dr. Walker is made one of the Judges of the Admiralty A Petition of Mr. Gething for Money and a Demand of Mony by the Lord Grey of Wark referred to the Commitee to remove Obstructions in the sale of Deanes and Chapters Lands An Act past to encourage the Manufacture of Salt Order of the Councel for demolishing of Lancaster-Castle Letters from the Parliaments Navy that divers of Prince Ruperts Seamen came in to them that the Prince had very few Men and most of them such as had been taken Prisoners by him Letters from Chester that the Irish Rebels came near to Dublin and many of
great Victory That an Act be brought in for settling 1000 l. per annum Land upon Lieutenant General Jones and his Heirs that thanks be sent to him and the rest for that good Service That the Councel of State prepare the Letter of thanks to be signed by the Speaker and do take into consideration the Request of Lieutenant General Jones for continuing Sir George Askue Vice Admiral of the Irish Seas That it be referred to the Trustees for Sale of the Kings Goods to choose 6 of the best Horses in Tilbury Race for Lieutenant General Jones as a Gratuity from the House That 200 l. be given to Captain Otway who brought the Letters The Petitions of the Brewers referred to the Committee of Excise and they to bring in a new Model for the Excise The Act passed for the more speedy collecting of the Excise Order for some Pentions to be continued to Souldiers Wives And for some scandalous Prmphlets and their Authors to be examined and punished and that Mr. Caughton a London Minister now in Prison be discharged Letters from Chester that Ormond was rallied to 12000 Men and had taken in some Forts Letters from Cardiffes That divers of the Lieutenant of Irelands Souldiers went away from him That C. Cooks Regiment was in a great Mutiny at Minehed and many of them went away but the Captain appeased the Mutiny and forced his Men on Ship Board 15 A Petition of the Earl and Countess of Thommond touching a debt from the Earl of Peterborough referred to a Committee An Act passed for settling 2000 l. per annum upon the Lord President Bradshaw another for 1000 l. per annum upon C. Martin out of Eynsham Another for 2000 l. per annum upon M. G. Skippon The Act published for the Composition of the Delinquents of North-Wales for 24000 l. Letters from Ireland that the Parliament having sent some Corn and 200 Souldiers to London Derry and two of Sir Charles Coots Brothers beingcome to him with 700 Horse he sallyedout of the Town and scoured the Countrey for 7 Miles on all sides of the City took many Cows and Prisoners and killed all whom he found in Arms then returned to Derry 16 A Petition from the General and his Councel of Officers to the House praying First That all penal Statutes formerly made and late Ordinances whereby many Conscientious People are molested and the Propagation of the Gospel hindered may be removed 2 That it is not their meaning that the Liberty desired by them should extend to the tolleration of Popery Prelacy the Book of Common Prayer publick Scorn and Contempt of God and his Word But desire that all open Acts of Profaneness or Drunkenness Swearing Vncleanness and the like be vigorously proceeded against and punished in all Persons whatsoever 3 That upon the Sense of the late great Mercy in Ireland they would extend Favour to those in restraint who have formerly served them and this Nation against the Common Enemy and for the future all disturbers of the publick Peace to be vigorously proceeded against 4 That speedy Consideration may be had of the great Oppressions by reason of the multiplicity of unnecessary Laws with their Intricacies and Delayes which tends to the profit of some particular men but much to the Expence and Dammage of the whole C. Goffe and Pride and other Officers who presented this Petition were called in to the Bar and the Speaker by command of the House gave them thanks for their constant good Affections and in particular for this Petition Acquainting them that the House had the things desired already under consideration and that this Petition should hasten the granting the same with all possible speed and Convenience Then it was voted That all penal Statutes and Ordinances whereby many Conscientious People are much molested and the Propagation of the Gospel hindred may be removed and referred to the Committee for bringing in an Act for ease of tender consciences to bring in the Act according to this Debate And referred it to a Committee who are to bring in an Act of Pardon to comprize herein the three proposals of this Petition And referred to the Committee concerning the Laws of the Land to consider of the 4th Proposal of this Petition The Act passed for paying 3500 l. to the Widdow of Mr. Blackstone a Member of the House An Order for Mr. Hall Attourny of the Dutchy to have the priviledge to plead within the Bar. The like Order was made for Mr. Steel and also to be freed from his Reading Order for Mr. Stevens a Member of the House and a common Lawyer to be made Judge of the Admiralty for which place he was not very fit A Declaration and Narrative past of the Grounds and Reasons for setting apart a day of publick Thanksgiving 17 Debate of the Act for Payment of the Arreares of C. Thornhaugh deceased Order for the Serjeants Men to disperse the Copies of the Act for the Thanksgiving Day and referred to the Councel of State to consider how the House may be eased of this trouble for the future and to give order for the dispersing of Papers upon the like Occasions The accounts of C. Willoughby referred to be audited A Petition of Mariners referred to a Committee An Act passed for settling 1000 l. per annum upon Lieutenant General Jones Order for an Act to settle 500 l. per annum out of the Irish Rebels Lands upon Sir Charles Coot An Act past for the Payment of their Arrears to the English Officers in Ireland for their former Services in England The House adjourned for three Days 18 Letters of confirmation of raising the Seige before London Derry by Sir Charles Cootes Brother in which Service many of the Enemy were taken Prisoners and divers slain Letters from Chester That C. Jones was again gone out of Dublin to besiege Drogheda that Ormond had dismounted most of the Irish for not fighting and had turned all the English out of Trym Castle That the Lord Lientenant of Ireland was imbarqued with his Army The House being adjourned Mr. Speaker Commissioner Keeble Mr. Chute Mr. Adams Mr. Steel and Mr. Whitelock by appointment met in the morning at Mr. Attourney General 's where they conferred together about the making new Rules for Reformation of the Proceedings in Chancery and agreed upon some general Points which they referred to some of the Company to draw up into Form 20 Letters to the Councel of State of the imbarquing of the Lieutenant of Ireland on Munday last and of Commiss G. Ireton on the Wednesday after with a great Fleet that nevertheless they left 3 Regiments behind for want of Shipping That the English Ships were very forward for the Voyage and so were the Flemish Bottomes when their Money was punctually paid them That no Provision was wanting for the Transportation of this Army and there is a considerable stock of Money with plenty of Ammunition That the
by a Irish Man of War under the Fort of Ostend and by the Governours Order rescued from them he saying That he would not indure such things to be done under his Command From Pendennis Castle that C. Slingsby Prisoner there was by Order of the Councel of State carried from thence to Exeter to be tryed by the Common Law for levying War against the Parliament An Account of Recruits shipped for Ireland 30 From Exeter of the solemn reception of the Judges of Assize by the Magistrates and Military Officers and of the conducting them through the several Counties by the Troops of Horse and of the great respect shewed by the Souldiery to the civil Magistrates From Taunton That the Commissioners had settled the Militia in that County C. Popham a Regiment of Horse and another of Foot C. Pine C. Ceely and C. Gorge Regiments of Foot From Scotland That their Commissioners gone to the King had power to to take up 300000 l. Scotch that is 25000 l. Sterling to gratify the King it he agreed with them That the Kirkmen were generally very zealous for the closing with their King yet some of them averse to it and Praying against it Aprill 1650. April 1. From Newcastle That very many Cavaliers passe into Scotland and some of them come out of Norfolk and Suffolk From Cork That the Lord Lieutenant had taken in all the three Counties of Tipperary Lymerick and Kilkenny except the three Shire Towns and had kept the Enemy from drawing together That the Lord Broghall beat up the Quarters of three Regiments of Inchequins Horse most of them English brought the Officers to Cashel tryed C. Claydon C. Johnson and Lieutenant Collonel Laughern three of them by a Court Marshal for betraying their trust having formerly served the Parliament and they and M. Sims were sentenced to dye that three of them were shot to Death and C. Claudon was pardoned That the Enemy burnt and destroyed the County of Lymerick and drove away the Cattle seven or eight Miles round the City Letters to a great Man That there is no rest to be found in the wisest Constitutions and Laws of Men until they acknowledge the Weakness thereof and fly to the Infallible and alsufficient Wisdom of the Scriptures to rule Mankind in the World The only Magna Charta in this World is the Holy Scriptures which give perfect Rules for the Peoples Liberties and for Rulers Government and Authority and so guide all Judgements that none shall suffer Injury That the People will never fix quietly upon any Form or way till they are brought to the Word of God 2 A Declaration of the Lord Mayor and Aldermen and Common Councel of London returning Thanks to the Parliament for their Gift of the New-Park to the City and of the Houses and 1000 l. for the Poor and that they do declare and resolve through Gods Assistance with the hazard of their Lives and Estates to stand and fall with the Parliament against all wicked Practices and opposite pretended Powers whatsoever The Speaker in Answer to it told them That the House took notice of this their Resolution and of the Seasonableness of it that the house kindly accepted it and gave them thanks for it Several Orders touching the Forces and Payment of Monies into Weavers Hall An Act for adding some of the Judges to be Commissioners in the High Court of Justice An Act for one to make use of a new Invention to prevent the great Consumption of Coal and Wood about Lead Iron Copper Saltworks c. From Dublin That the Lord Broghil and Henry Cromwel fell into the Lord Inchequins Quarters killed 160 and took 120 Prisoners with the Officers and 150 gallant Horse That Collonel Reynolds fell into the Earl of Castlehavens Quarters routed them and drove them to a Bogge From Coventry That Salmon and Wyke Prisoners there Preached every Lords Day at the grate of the Prisons and very many stood in the streets to hear them 3 From Portsmouth That a Ship of London of 16 pieces of Ordinance and her Bills of Lading from the Streights were of 30000 l. was taken by an Irish Man of War near the Isle of Wight and another Vessel in her Company run her self on Shore and thereby lost all but the Lives of the Mariners 4. A Letter sent from the Diggers and Planters of Commons for universal Freedom to make the Earth a common Treasury that every one may injoy Food and Rayment freely by his labour upon the Earth without paying Rents or homage to any fellow Creature of his own kind that every one may be delivered from the Tyranny of the Conquering Power and so rise up out of that Bondage to enjoy the Benefit of his Creation The Letters were to get Money to buy Food for them and Corn to sow the Land which they had digged 5 From Ireland That the Lord Lieutenant was gone near to Lymerick and that C. Hewson was marching with near 3000 men to him That the Spanish Agent had obtained leave of the Lord Lieutenant to send to Spain for Money Ships and Instructions for transporting Irish Officers and Souldiers who were willing to go into the Service of his Master A Messenger brought Intelligence to the Governour of Kinsale that Macke Carke and O Sullipht were raising Forces Westward and that all the Priests were gone to them That Inchequin for 20 Miles burnt and wasted the County of Lymerick and then retreated over the Shannon with more Cows than Horses that thereby Kilmallock could get no Forrage for their Horse and many of them came in to the Lord Lieutenant That C. Hewson came to the Lord Lieutenant with 3500 Horse and Foot that C. Reynolds and C. Ewers Regiments were sent out as a Forlorn hope and discovering the Enemies Body of above 3000 attempted to fight notwithstanding the disproportion but they had no mind to it That the Parliament had there a healthy and gallant Army all new clothed and well armed and Money in their Purses That they have in Ireland 6000 good Horse and 18000 Foot That Ormond came to Clare with six Horse only and sent Propositions to the Lord Lieutenant that most of the Irish had left him That they have Ships to prevent Commerce and Sea Assistance That eight Ships were come in from Wales and England loaden with Oats and 15000 yards of Cloth and 200 pair of Boots From Cork That the Scots and Irish are at great difference and the Irish fly to connaght as their last refuge excepting Spain That the Catholicks hasten the Prince iuto Scotland to divert the Army from Ireland if they can possibly Granger and others according to the Sentence of Parliament lost their Ears at the new Pallace Yard in Westminster and at the Old-Exchange in London for forgeing Warrants from the Committee of the Army and Counterfeiting hands to Bill of Exchange whereby they procured 3000 l. to be paid them out of
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
from us making all the Sayl they could with the remainder of the Fleet being not above Sixty left of their whole number So far as I could discern there cannot be less than Thirty or Fourty sunk taken and destroyed we are now in pursuit of them some of our best Sayling Frigots being almost up with them and our expectations still are great The Enemy had Nine Flag Ships when we first Ingaged and now but one left some of them I know are sunk In this Ingagement we had but Two Ships of ours fired by them One of them is the Oak her Men were saved most of them the other had not any of her men saved The Worcester Frigot took the Garland which had been formerly taken from us by the Dutch but our Men were forced to fire her Trumps Flag was shot down in the Morning and could not be made stand all the day after The Parliament spent a day in their House in praising God for this great Mercy and praying for a right improving of it 4. Letters from General Monck aboard the Fleet to the Parliament of this Fight to the same effect with the former 5. A Petition from Kent to the Parliament for taking off the Tythes and the Speaker told them the House was satisfied of their good affection to the Parliament and for the matter of their Petition part of it was under consideration and that the Parliament would do as the Lord should direct them After a long debate of this day and yesterday the House Voted That the Court of Chancery should be taken away and the Committee of the Law to bring in an Act accordingly and an other for the Causes now depending and for future relief in Equity Whereas the Parliament appointed a Committee to consider of such Petitions as are directed to the Parliament and to Present such of them only to the Parliament as are proper to the Legislative power or not relievable elsewhere and to examin Witnesses upon Oath if they shall see cause and state the matter of Fact and Report to the Parliament and their Opinions touching Oaths for the Persons unjustly molested And this Committee having in their hands about Two Hundred and Fourty Petitions which according to the said Order they are to consider of and examin They resolved to receive no more Petitions for one Month except for lives or publick concernment whereof all are to take Notice and not to put themselves to unnecessary attendance Several Murderers condemned by the High Court of Justice in Ireland That the Enemy there was so wholly vanquished that not a Tory or a Wood-Kern was to be met with That a great part of the Army there was reduced Eleven Regiments of Foot and Four Regiments of Horse besides all new Regimented Troopers and Foot Companies all of them reduced being Five Thousand Foot and Three Thousand Horse A special regard taken of all the Field Officers and other Officers That the Accounts of the Army were audited and care taken for the satisfaction of all and to give them possession of Lands for their Arrears 6. That Seven Thousand Tories were marching to the Sea side in order to their Transportation for Spain That an English Merchant Ship by storm and Fog fell in among Eight Dutch Ships yet got away from all to Plymouth Letters of the Highlanders plundering the Low-lands and taking some Horses That Captain Drew broughr in Three Dutch Prizes their Scout Vessels sent to give advice to their East India Fleet to put in at Norway or the Sound because the English had a strong Guard upon the Northern Coast Letters from General Monck and Vice Admiral Pen of the late success against the Dutch to the same effect with the former and that we had sunk Thirty of the Enemies men of War taken One Thousand Prisoners whereof Vice Admiral Everson one of their most Valiant and best Sea men was one That we lost Two Hundred and Fifty Men slain and Seven Hundred wounded Captains of ours slain were Graves Cox Chapman and Peacock and Captains wounded were Stokes Seaman Rouse Holland and Cubi and that the Enemies loss is by conjecture about Three Thousand 8. The Commissioners for Administration of Justice in Scotland published a Proclamation for reviving some antient Laws and for prevention of the Exorbitancies of broken Highlanders Borderers and such as disturb the peace Order for a Day of Thanksgiving for the late good success at Sea with a Narrative to be publickly read Order for several Gold Chains to be given from the Parliament to General Blake General Monck Vice Admiral Pen and Rear Admiral Lawson and to the Four Flag Officers and immediatly to be bestowed among the Officers of the Fleet as Marks of the Parliaments Favour and good Acceptance of their service An additional Act passed for Stating and Determining the Accounts of the Officers and Soldiers in Ireland Much Debate upon the Act for Marriages and the Registring thereof and of Births and Burials That a private man of War of Scilly took a a Prize which was again taken from him by Two Dutch men of War and retaken again by the President Frigot That the Dutch have gotten again about One Hundred and Fourty Sayl of Ships besides Fire-ships That Three of their States are to go in the Fleet and advise and they have proposed a Reward to those who shall take any of the Three English Admirals and the benefit of their Ships That Tumults were amongst them but pacified Great Guns were heard off at Sea 10. Two of the Dutch Deputies to the Parliament went away upon the news of the late Victory Upon the Petition of Lieutenant Collonel Lilburn's Wife the Vote for his close Imprisonment was taken off and he Ordered to be Tryed at the Sessions in the Old-Bailey 11. That the King of Scots was sick of a Feavor at Paris The Dutch supprized Four English Ships in the East-Indies Traders for Port to Port. Lilburn's Trial proceeded at the Sessions House 12. Letters that the Highlanders in Scotland were gotten into a considerable body That a Declaration was Published by the Commissioners for visiting Universities in Scotland and placing and displacing of Ministers which did much astonish the Kirk-men Of Pyrates upon the Coast of Jersey who were socoured and assisted by the French who would not permit a Vessel of the Parliaments to have fresh water in their shoar and a Bristol Merchant man taken by the Hart Frigot which was lost to the Dutch and now manned out by them 13. Letters of two Dutch men of War that came into Burlington Bay to surprize Ten Barques there which cut their Cables and went into the Peer and so were preserved That the Parliaments Ships on the North Coast brought in a Danish Ship of great value and several other Ships Prizes and cleared that Coast of Pickeroons That Prince Rupert was gone to Nants to make the best of his Robberies That many thousands of the Irish were
result of the Court was That by all those Laws the proceedings in this Case were justified And that no Councel could be allowed to the Ambassador's Brother in matter of Fact but if in the proceedings of his Trial he should desire Councel as to matter in Law it should be allowed him After much persuasion he and the rest pleaded Not Guilty and to be Tried by God and the Country and a Jury was called of half English and half Foreigners Adjounred till the next day for their Trial. An Ordinance published impowring the Commissioners of the Customes and others by persons under them to suppress drunkenness prophane Cursing and Swearing 6 An Ordinance published prohibiting Horse-Races for Six Months because of the late Plots The Portugal Ambassador's Brother was again brought before the Commissioners of Oyer and Terminer in the Upper Bench and Tried by a Jury of six Denizens and six Aliens he pleaded his ignorance in the Laws of England and desired to have Councel Assigned him but the Court told him That they were of Councel equal to him as to the Commonwealth and upon hearing of the Witnesses the Jury found the Ambassador's Brother and Four more Guilty of Murder and Felony The Lord Chief Justice Rolls gave Sentence against them to be Hanged and a day appointed for Execution but by the desire of the Prisoners it was respited two days The Lord Commissioner Lisle President of the High Court of Justice made a long Speech to Fox Gerrard and Vowel to convince them of the wickedness of their Design and then the Sentence of the Court was read against them severally That upon mature consideration of the Treasons and Murders Plotted and Contrived by them against his Highness the Lord Protector and the Common-wealth and raising a Bloody War in the same the Court did adjudge them to be Hanged Mr. Gerrard moved that he might be Beheaded or shot to death like a Soldier and petitioned the Lord Protector to that purpose This day Whitelock gave account to the Protector and his Councel of his Embassy in Sweden and spake to this effect May it please your Highness I Attend by your Command to give an account of the discharge of that great Trust and weighty Burthen which through the Assistance of God I have undergone in my Imployment to Sueden with the Success of that Negotiation wherein I shall not waste much of your time for which you have other great Affairs but in as few words as I can I shall with clearness and truth acquaint your Highness and this Honourable Councel with those matters which I apprehend most fit and worthy of your knowledge After the Receipt of my Commission and Instructions from the Parliament thensitting to go Ambassador unto Sueden I neglected no time how unseasonable soever to Transport my self unto that Countrey Vpon the 5th of November I Embarqued at the Hope and after ten days Voyage through many Storms Enemies and Dangers it pleased God on the 15 of November to bring me in Safety with all my Company into the Port of Gottenburgh The next day I dispatched two of my Servants to the Court with Letters to Prince Adolphe the Grand Master and to the Ricks Chancellor of Sueden to advertise them of my arrival and to desire their Advice whither I was to direct my Journey to attend the Queen In the City I received many Civilities and Testimonies of respect to the Commonwealth from the Magistrates Officers and others there and a small Contest I had with a Dutchman a Vice-Admiral of her Majesties about our War with his Countreymen and about some Prizes brought in by me wherein I took the Liberty to justifie the proceedings of this State and after submission I ordered the Release of a small Dutch Prize taken by one of my Ships Having refreshed my self and Company some days in this place I began my Land-Journey the last day of November the Military Officers accompanied me out of Town the Citizens and Garison Souldiers stood to their Arms and with many Volleys of great and small shot the Bullets making somewhat too near Complements they gave me an honorable Farewell In our Journey we met with extream hardships both in the weather and want of necessary accommodations In the greater Towns where we quartered the Magistrates and Officers shewed great respect to our Commonwealth onely in one Town a little Affront was given in words by a Prâ—â—tor who acknowledged his Fault and it appeared to proceed more from Drink than Judgment In all places the Officers took great care to furnish me with what the Countrey would afford which I wanted the ways were repaired Wagons and Horses brought in and all done that could be by the special Command of Her Majesty After twenty one days in our Land-Journey near Four hundred Miles from Gottenburg up into the Countrey in that Climate in December through all our Difficulties it pleased God to bring us safe to Upsale upon the twentieth of December About half a League from the Town the Master of the Ceremonies and after him two of his Ricks Senators with the Queens Coaches the Spanish Residents and divers of the great Officers met me and with more than ordinary Ceremonies conducted me to an house in the Town by the Queens order taken and furnished for me Divers Complements passed from the Queen her self and many in that Court expressing muâ—h respect to this Commonwealth in the person of your Servant By favour I obtained my first Audience from the Queen on the twenty third of December the particular passages whereof as of most other matters which I have to mention were in my Letters imparted as they fell out to Mr. Secretary Thurloe and by him I presume unto your Highness and the Councel Two or three days after this I procured a private Audience from Her Majesty when I shewed her my Commission and appointed to wait on her again with my Proposals The Spanish Resident Don Piementel expressed very high respect to this Commonwealth and particular affection to me who knowing his great favour with the Queen I contracted an Intimacy of Friendship with him I had the like with Mr. Woolfeldt the King of Denmark ' s Brother in Law and grew into good acquaintance with Grave Wrangel Grave Tot the Queens Favourite Grave Leonhagh Baron Bond Baron Vanderlin and several other Senators and great men especially I got into the favor and affection of the old Chancellor Mr. Lagerfeldt Secretary Canterstein Mr. Ravins and several others were usesul to me and of my Countreymen I had the Assistance of General Major Fleetwood a faithful Servant to England and my noble friend Colonel Hambleton the Lord Douglas Mr. Bloome and some others gave me their Assistance Having thus given your Highness some account of persons I come now to the matter of my Negotiation wherein these persons were exceedingly useful By Piementel ' s advice I made my applications to the Queen her self and as much as I could put the
within four days after notice or otherwise the Commission shall Issue Ex Parte provided that the parties or either of them and Court see cause may have several Commissions unto several Counties of the same date This is mischevious for the reasons before and if this be extended beyond a Rule not to be dispensed withall as reason may require upon accidents many Plaintiffs will loose their Causes especially Merchants who cannot by that time know where their Witnesses are 22 That after the Execution of one Commission no second Commission shall be taken out but by order of the Court and upon Affidavit that some material Witnesses whose names shall be therein expressed have been discovered since the Execution of the former Commission or that some of the Witnesses intended to be examined at that Commission and which are material could not be found or by reason of sickness or like just cause could not attend that Commission in such case only those Witnesses which shall be named shall be examined by such second Commission and the same shall Issue and be Executed at the charge of the party praying the same unless the other side shall also desire to Examine any Witnesses by any such second Commission and then he shall likewise set down their names This is like as before 23 That after the return of a Commission Executed or Witnesses examined in Court there shall be but one Rule for Publication within which time if the other side do not shew unto the Court good cause to the contrary Publication shall pass c. This Rule doth not express after what Commission nor what Witnesses whether all on either side or not and will surprize the parties before they can move or be heard by the Court why publication should not pass and increase motions to the advantage of Lawyers and Sollicitors 24 That from and after the twenty second of October 1654 no order or direction concerning any Cause depending in Chancery to be made or given but upon motion in open Court that then both parties concerned or their Council may be heard The Rule of the Court already being that no Order shall be made upon Petition upon the Merits or Body of the Cause or to controul an Order in open Court if that be further extended as a Law then many of the Suitors of the Court may loose their Causes and be ruined and there will be a failer of Justice and great mischief ensue as by dayly experience is found 27 That no Injunction be granted but upon motion in open Court satisfying the Court in such matter which may induce the Court in Justice to grant the Injunction but the Defendants taking a Commission or sitting an Attachment only shall be no sufficient ground for an Injunction This is so general that it extends to all Injunctions and so in cases of Waste Timber may be felled Houses pulled down Meadows and ancient Pastures ploughed up to the irreparable loss of the Plaintiffs and the Common-Wealth before an Order can be procured to stay in case the Defendants will not answer and if no Injunction be granted upon an Attachment or delay of answer a Defendant although not worth a penny may stand in contempt get an Execution on the Plaintiffs Estate and make it away and no reparation can be had 29 That no Injunction granted after a Plea pleaded at Law or Rules given shall stop a Tryal at Law or any Pleading or proceeding preparatory to a Tryal It seems much against Equity that if the Defendant shall by answer confess the whole Debt to be paid to suffer him to go to Tryal at Law which will be but a vain expence to the parties and only profitable to Lawyers 30 That from and after the twenty second of October 1654. no Injunction be granted to stay the Mortgagee from his Suit at Law till the final hearing of the Cause but an Injunction may be granted to prevent the Mortgagees pulling down Houses cutting Trees or making other Waste or spoil upon the Mortgaged Lands This is very mischevious where there is equity for an Injunction in this Case as well as upon Bonds or other Securities the mischief being greater to the Mortgagor who shall be turned out of possession then to the Obligor in a Bond and the Mortgagee is also in better condition than the Obligee by reason of his Security by Land and yet the Court is not barred to stay proceedings upon Bonds and all other Securities but are restrained in cases of Mortgages 31 That all differences touching irregularities in proceedings or upon the Rates or Course of the Court shall be determined by the said chief Clerks or any two of them on whom the Attorneys on both sides are to attend and in case either side shall not rest satisfied with the Judgment therein they may Appeal to the Master of the Rolles who upon Hearing the Attorneys on both sides and the Chief Clerk who made the Certificate if he see cause shall settle the same and give Costs where he finds the fault This deprives the Commissioners of all power upon the Rules and Course of the Court and these very Rules upon which they are to Judge and be answerable as they are Judges of that Court and gives power to the Chief Clerk to be Judge even of these Rules 32 All other References shall be determined by the Masters of the Chancery in Ordinary which shall be only six in number to be now and from time to time appointed by the Protector for the time being of which six there shall sit dayly at some certain publick place three so long as any References do depend and shall have a Sworn Register to attend them who shall in presence of them and the Counsel read the Notes taken in each Cause upon any Order made or Report agreed and the same being Read shall be subscribed by the Masters then present or any two of them and afterwards the Report shall be drawn up by the Register and subscribed by the same Masters and certified and that after the twenty second of October 1654. no other person or persons shall exercise the Office of a Master of the Chancery in Ordinary This seems to give the Masters power finally to determine without any Appeal to the Court without any Provision concerning Merchants Accompts and other References of that Nature which they cannot so properly determine and concludes the Court from making any Reference though the parties desire it whereby the Cause may receive an end by indifferent friends 38 That from and after the twenty second of October 1654. every Attorney shall keep all and every Affidavit whereupon he shall make forth any Writ or Process in his own custody and shall shew the same to the Attorney on the other side and suffer him or other person to take a Copy thereof if he shall require it and that the Senior Register shall appoint a Clerk of Honesty and Integrity to attend the Court and at the
delivered to the President of the Councel till some time after the date of it the next day they received this Order or Warrant from the Protector Oliver Protector RIght trusty and right well beloved We greet you well Whereas by an Ordinance Entituled An Ordinance for the better regulating and limiting the Jurisdiction of the High Court of Chancery It is among other things Ordained that the Masters of the Chancery in Ordinary shall be only six in number to be now and from time to time appointed by the Lord Protector for the time being We according to the said Ordinance do appoint William Lenthal Esq Master of the Rolles John Sadler Nathanael Hubart Arthur Barnardiston Thomas St. Nicholas and Kâ—bert Aldworth Esq to be the six Masters of the Chancery in Ordinar and do hereby signifie unto you our pleasure that they be sworn and admitted accordingly given at White-Hall this second day of May 1655. To our Right trusty and Right well beloved Sir Bulstrode Whitelocke Knight Sir Thomas Widrington Kt. and John L'Isle Esq Lords Commissioners of the Great Seal of England Upon Receipt of this Warrant they gave the Oath to the six Masters of the Chancery named in the Order it being the old Oath and they proceeded in ordinary business of the Court according to the former course Letters from the Barbadoes of some Dutch Ships there Trading seized upon by Pen and his Fleet ready to sail from thence but whither the Officers knew not That they only waited for more stores from London which were not yet come to them That Pen had here recruited his men and sent some Forces to the Leeward Islands That the English here love to Trade more with the Dutch then with their Country men That Pen and Venable settled in the Barbadoes a Court by Commission to levy what should appear to be owing there to the Dutch and to make seizures of all Dutch who should Trade there That they were now six thousand Land-men and five thousand Sea-men and intended shortly to set Sail upon their design Letters of the Duke of Savoys cruel persecuting the Protestants in Piedmont by taking away their Goods and Estates and putting them in Prison and carrying away of their Children using all means with violence to make them forsake their Religion and the purity of the Gospel which when they could not do the Priests persuaded the Duke to send an Army against them to force them to Conformity who sent eight thousand men against these poor quiet people and Loyal Subjects the Army fell upon them slew many of them with small loss and took many Prisoners whom they used with all cruelty and then put them to death Others of them with their Wives and Children fled unto the Mountains whilst the Soldiers plundered their Houses and then fired them and their Churches A Solemn Fast was kept throughout London and Westminster During this Easter Term the Commissioners of the Great Seal proceeded in Chancery according to the former course of that Court and did not execute the Protectors new Ordinance which was informed to him but he could not disturb them till the Term was over and then was quick with them for their disobedience June 1655. Divers sollicitations were made to Whitelocke by sundry persons whose interest lay that way that he should recant the Letter he had subscribed with Widdrington and Lenthal that he was not satisfied to execute the Protectors New Ordinance concerthe Chancery and that he would promise to do it and to Conform to his Highness pleasure and that then he should be continued in the place of Commissioner of the Great Seal otherwise he must expect to be put out of that good and great Office Whitelocke answered them that no worldly considerations could prevail with him to do any thing contrary to his Judgment and Conscience for then he knew he should offend a greater Protector and better Friend than my Lord Protector could could be That he had taken an Oath to execute the place of Commissioner of the Great Seal Legally and Justly and for him to execute this Ordinance as a Law when he knew that those who made it had no Legal power to make a Law could not be justified in Conscience and would be a betraying of the Rights of the people of England and too much countenancing of an illegal Authority That as long as he should continue a Commissioner of the Great Seal he would execute that place according to Law and do right to the parties in Court after the best of his Judgment and Conscience but to do an Illegal Act and to execute such an Ordinance as he knew not to be agreeable to Law and would be an occasion of Injustice to many because he would thereby keep himself in the place of a Commissioner he thought was not according to good Conscience nor honesty and therefore he resolved to give himself satisfaction rather than any other and further than this he could not be persuaded This Order was brought to the Lords Commissioners To the Right Honorable the Lords Commissioners of the Great Seal My Lords I Am commanded to signifie unto your Lordships his Highness and the Councels pleasure That your Lordships do attend his Highness with the Great Seal at six of the Clock this Evening I am My Lord your Lordships most humble Servant Henry Scobell White-Hall June 6. 1655. As soon as this Letter came to them they understood the meaning of it and attended with the Great Seal at the time appointed at the Councel-Chamber and were after a little waiting called in The Protector gravely told them That he was sorry some of them could not satisfie their own Consciences to execute the Ordinance concerning the Chancery which they were informed had much good in it to the publick but he confessed that every one was to satisfie himself in matter to be performed by him and that he had not the worse opinion of any man for refusing to do that whereof he was doubtful but in this particular the Affairs of the Common-Wealth did require a Conformity of the Officers thereof and their Obedience to Authority and being some of them refused to execute this Act as was enjoyned they were compelled thereby to put this charge of the Custody of the Great Seal into the hands of some others who might be satisfied that it was their duty to perform this Command and to put the Ordinance in Execution Whitelocke being the antientest of the Commissioners told his Highness That their scruple was not upon the Authority of his Highness and the Councel as to the Command of all matters concerning the Government of the Common Wealth but only as to the effect of this Ordinance to be Executed as a Law the which they apprehended and had formerly given their reason for it would be of great prejudice to the Publick and would be contrary to what they had formerly by their Oath promised and being yet unsatisfied
place of Parliaments sitting yet having Hearts sensible of that highest Trust reposed in us and being filled with cares for the Church and Common-wealth which with grief of Heart we behold bleeding We do hold our Selves bound in duty to God and our Countrey to declare unto the People of England their and our woful Condition and the most evident Danger of the utter Subversion of Religion Liberty Right and Property We believe the Rumour is now gone through the Nation that armed Men imployed by the Lord Protector have prevented the free Meeting and Sitting of the intended Parliament and have forcibly shut out of Doors such Members as he and his Councel supposed would not be frighted or flattered to betray their Countrey and give up their Religion Lives and Estates to be at his will to serve his lawless Ambition But we fear that the Slavery Rapines Oppressions Cruelties Murders and Confusions that are Comprehended in this one Horrid Fact are not so sensibly discerned or so much layed to Heart as the Case requires And we doubt not but as the Common practice of the Man hath been the name of God and Religion and formal Fasts and Prayers will be made use of to Colour over the blackness of the Fact We do therefore in faithfulness unto God and our Countrey hereby Remonstrate First That whereas by the Fundamental Laws of this Nation the people ought not to be bound by any Laws but such as are freely Consented unto by their Chosen Deputies in Parliament and it is a most wicked Vsurpation even against the very Laws of Nature for any Man to impose his will or Discretion upon another as a Rule unless there be some Pact or Agreement between the Parties for that Intent And whereas by the Mercy of God only in preserving this Fundamental Law and Liberty the good People of England have beyond Memory of any Record preserved their Estates Families and Lives which had otherwise been destroyed at the will of every wicked Tyrant and by keeping this only as their undoubted Right they have been kept from being bruitish Slaves to the Lusts of their Kings who would otherwise have despoiled them of their Persons Lives and Estates by their Proclamations and the Orders of themselves and their Courtiers as they pleased and by Virtue of this their undoubted Right the People have commonly disputed resisted and made void the Proclamations of their Kings and the Orders of their Councel Table where they have crossed the Laws unto which they have consented in their Parliaments Now the Lord Protector hath by force of Arms invaded this Fundamental Right and Liberty and violently prevented the meeting of the People chosen Deputies in Parliament And he and his Councel boldly declare That none of the Peoples Deputies shall meet in Parliament unless they agree to the measure of their Fantasies Humors or Lusts They now render the People such Fools or Beasts as know not who are fit to be trusted by them with their Lives Estates and Families But he and his Councel that daily devour their Estates and Liberties will judge who are fit to Counsel and Advise about Laws to preserve their Estates and Liberties Thus doth he now openly assume a power to pack an Assembly of his Confidents Parasites and Confederates and to call them a Parliament that he may thence pretend that the People have consented to become his Slaves and to have their Persons and Estates at his discretion And if the People shall tamely submit to such a Power who can doubt but he may pack such a number as will obey all his commands and consent to his taking of what part of our Estates he pleaseth and to impose what Yoaks he thinks fit to make us draw in Secondly And whereas the Parliament of England consisting of the Peoples chosen deputies always have been and ought to be the Ordainers and creators of Dignities Offices and Authoritys in this Nation And have always of right exercised the power of disposing even the Kingly Office and authority of Inlarging and Restraining the Kingly power and of Questioning Making void or Confirming all Commmissions Proclamations Charters and Patents of any of our former Kings And have Questioned Censured and Judged even the Persons of our Kings for abusing their Trusts and invading the Peoples Laws Rights and Libertys And by this means the highest Officers and the Kings themselves have acknowledged their power to be only trusted to them for the Peoples welfare And they have always dreaded the Peoples Parliaments who could call them to an Account for any Injustice or Violence done upon the Person or Estate of any Man And hereby the People were secured under the Laws from the Rapine and Oppression of the highest Grandees and Courtiers Even the Kings themselves fearing the Peoples Complaints in their Parliaments and well knowing the Peoples custom to choose for their Deputies the most known Champions for their Liberties against the Arbitrary powers and Injustice of the Kings and their Courtiers And none of the most wicked Kings in their highest hope to Erect a Tyranny ever daring since Members were sent to Parliaments by Elections to throw aside by force as many of the chosen Members as they thought would not serve their Ends They knowing it to be the undoubted Right of the people to trust whom they think fit and as much the Right of every man duely chosen and trusted to meet and vote in Parliament without asking their leave or begging their Tickets And although here hath been frequently secret designs for many years to subvert Religion Liberty and Property in this Nation and to that end the designs of Tyranny have attempted to destroy sometimes the being and sometimes the Power Priviledges and Freedom of Parliaments yet the mercy of God hath almost Miraculously preserved the being Priviledges and Authority of Parliaments and therein Religion Liberty and Property untill the time of the Lord Protector But now he hath assumed an absolute Arbitrary Soveraignty as if he came down from the Throne of God to create in himself and his Confederates such Powers and Authorities as must not be under the Cognizance of the Peoples Parliaments His Proclamations he declares shall be binding Laws to Parliaments themselves he takes upon him to be above the whole body of the People of England and to Judge and Censure the whole Body and every Member of it by no other Rule or Law than his pleasure as if he were their absolute Lord and had bought all the People of England for his Slaves Doubtless if he would pretend only to have Conquered England at his own expence and were there as much truth as there is falsehood in that pretence yet he could not but know that the Right of the Peoples Deputies in Parliament to their antient Powers and Priviledges would remain good against him as against their publick Capital Enemy whom every Man ought to destroy untill by some Agreement with the Body of the People in Parliament
shall be left by the party acusing in writing under his hand with the party accused or in his absence at his house in the County City or Town for which he shall be chosen if he have any such house or if not with the Sheriff of the County if he be chosen for a County or with the Chief Magistrate of the City or Borough of which he is chosen And that the number of persons to be Elected and chosen to Sit and serve in Parliament for ENGLAND SCOTLAND and IRELAND and the distribution of the persons so chosen within the Counties Cities and Boroughs of them respectively may be according to such proportions as sholl be agreed upon and Declared in this present Parliament V That your Highness will consent That none be called to Sit and Vote in the other House but such as are not disabled but qualified according to the Qualifications mentioned in the former Article being such as shall be nominated by your Highness and approved by this House and that they exceed not Seventy in number nor be under the number of Forty whereof the Quorum to be One and twenty who shall not give any Vote by Proxies and that as any of them do dye or be Legally removed no new ones be admitted to Sit and Vote in their rooms but by consent of the House it self That the other House do not proceed in any Civil Causes except in Writs of Error in Cases adjourned from Inferior Courts into the Parliament for difficulty in Cases of Petitions against Proceedings in Courts ef Equity and in Cases of the Priviledges of their own House That they do not proceed in any Criminal Causes whatsoever against any person criminally but upon an Impeachment ef the Commons assembled in Parliament and by their consent That they do not proceed in any Cause either Civil or Criminal but according to the known Laws of the Land and the due course and Custom of Parliament That no final Determinations or Judgments be by any Members of that House in any Cause there depending either Civil Criminal or Mixt as Commissioners or Delegates to be nominated by that House But all such final Determinations and Judgments to be by the House it self Any Law or Vsage to the contrary notwithstanding VI. That in all other particulars which concern the calling and holding of Parliaments your Highness will be pleased That the Laws and Statutes of the Land be observed and kept and that no Laws be Altered and Suspended Abrogated or Repealed or new Law made but by Act of Parliament VII And to the end there may be a constant Revenue for Support of the Government and for the Safety and Defence of these Nations by Sea and Land We declare our willingness to Settle forthwith a Yearly Revenue of Thirteen hundred thousand Pounds whereof Ten hundred thousand Pounds for the Navy and Army and Three hundred thousand pounds for the Support of the Government and no part thereof to be raised by a Land Tax And this not to be altered without the consent of the Three Estates in Parliament And to grant such other Temporary Supplies according as the Commons Assembled in Parliament shall from time to time adjudge the necessities of these Nations to require And do pray Your Highness That it be Declared and Enacted That no Charge be laid nor no person be compelled to contribute to any Gift Loan Benevolence Tax Tallage Aid or other like Charge without common consent by Act of Parliament which is a Freedom the People of these Nations ought by the Laws to Inherit VIII That none may be added or admitted to the Privy Council of your Highness or Successors but such as are of known Piety and undoubted affection to the Rights of these Nations and a just Christian Liberty in matters of Religion nor without consent of the Council to be afterwards approved by both Houses of Parliament and shall not afterwards be removed but by consent of Parliament but may in the Intervals of Parliament be suspended from the Exercise of his Place by your Highness or your Successors and the Council for just cause and that the number of the Council shall not be above One and twenty whereof the Quorum to be Seven and not under As also that after Your Highness death the Commander in Chief under Your Successors of such Army or Armies as shall be necessary to be kept in England Scotland or Ireland as also all such Field-Officers at Land or Generals at Sea which after that time shall be newly made and Constituted by Your Successors be by consent of the Council and not otherwise And that the standing Forces of this Commonwealth shall be disposed of by the Chief Magistrate by consent of both Houses of Parliament sitting the Parliament and in the Intervals of Parliament by the Chief Magistrate by the Advice of the Council And also that your Highness and Successors will be pleased to Exercise your Government over these Nations by the Advice of your Council IX And that the Chancellor Keeper or Commissioners of the Great Seal of England the Treasurer or Commissioners of the Treasury there the Admiral the Chief Governour of Ireland the Chancellor Keeper or Commissioners of the Great Seal of Ireland the Chief Justices of both the Benches and the Chief Baron in England and Ireland the Commander in Chief of the Forces in Scotland and such Officers of State there as by Act of Parliament in Scotland are to be approved by Parliament and the Judges in Scotland hereafter to be made shall be approved of by both Houses of Parliament X And whereas your Highness out of your zeal to the glory of God and the propagation of the Gospel of the Lord Jesus Christ hath been pleased to encourage a Godly Ministry in these Nations We earnestly desire that such as do openly revile them or their Assemblies or disturb them in the Worship or Service of God to the dishonour of God scandal of good men or breach of the peace may be punished according to Law And where the Laws are defective that your Highness will give consent to such Laws as shall be made in that behalf XI That the true Protestant Christian Religion as it is contained in the holy Scriptures of the Old and New Testament and no other be held forth and asserted for the publique profession of these Nations And that a Confession of Faith to be agreed by your Highness and the Parliament according to the Rule and Warrant of the Sciptures be asserted held forth and recommended to the people of these Nations That none may be suffered or permitted by opprobrious Words or Writing maliciously or contemptuously to Revile or Reproach the Confession of Faith to be agreed upon as aforesaid And such who profess Faith in God the Father and in Jesus Christ his Eternal Son the true God and in the Holy Spirit God coequal with the Father and the Son one God blessed for ever and do acknowlege the
have an opportunity than which a fitter your hearts did never pray for to finish the work of Reformation that hath been so long upon the wheel and met with so great Obstructions that you would not heal the wound of the daughter of God's people slightly but make so sure and lasting provision for both their christian and civil Rights as that both this and future Generations may have cause to rise up and call you Blessed and the blackest of Designs may never be able to câ—st dirt in your faces any more and as helpfull to these two great Concernments Religion and Liberty we humbly propose unto your mature consideration these two Desires First That you would be pleased to countenance Godliness and all the sincere Professors thereof encourage an able and laborious Ministry and suffer no other Yoak to be imposed upon the Consciences of God's people than what may be agreeable to the word of God and that you would be a terrour to all impious prophane and licentious people whatsoever Secondly That you would so vindicate and assert the Native â—ights and Liberties of these Nations in and by the Government of a Free State that there may not be the voice of an oppressed one in our Land but that all may enjoy the blessed fruits of your righteous and peaceable Government And for the prevention of all possibility for ambitious Spirits ever to work their ends against you we humbly desire you to be very carefull as well what persons you entrust with the management of the Armies and Navies of this Commonwealth as of the measure of that Power and Authority you depart with to them or substitute in them Touching the qualifications of the Persons we desire they may be truly godly and conscientious Touching the measure of their Authority that it may be adequate to the nature and being of a Commonwealth And whilst you are thus pleading and asserting the Interest of God and his People you may rest assured with greatest confidence that we shall appear in your defence and the vindication of your Authority against the opposition of all Arbitrary Powers whatsoever And to that blessed and All-powerfull God who is able to spirit you for this great work you are and shall daily be recommended in the prayers of Your most loyal and most Obedient Servants George Monk Thomas Read Ralph Cobbet Tim. Wilks Robert Read John Cloberry Abra. Holmes Henr. Dorney Dan. Davison Rich. Heath Mi. Richardson J. Hubbelthorn Tho. Johnson P. Crisp He. Brightman Phil. Watson Tho. Dean Jerem. Smith Will. Davis James Wright Jos Wallinton Will. Helling Ethelb Morgan Rob. Winter John Paddon Anthony Nowers 18. Order to refer it to the Members of the House of the Council of State or any five of them to consider of the Union between Scotland and England and to prepare an Act for it Whitelocke was by the Council particularly desired to take care of this business VVhitelocke had private Intimation from Fleet-wood that Scot had Intelligence that Whitelocke kept a Correspondence with the King of Scots or some of his Ministers and that Scot intended to charge Whitelocke with it at the Council and therefore Fleetwood did advise Whitelocke that if it were so that he should forbear coming to the Council and Fleetwood would take care that nothing should be further done against him but if that Whitelocke were innocent he might use his discretion Whitelocke wondered at this knowing his own innocency and therefore he did not absent himself from the Council but Scot in a cunning way represented his Intelligence to the Council from one of his Spies beyond Sea who wrote him word That Sir Anthony Ashley Cooper and Whitelocke had Correspondence with Sir Edward Hyde beyond Seas And this Intelligencer was a beggerly Irâ—sh Fryar Sir Anthony Ashley Cooper made the highest professions that could be of his Innocency denying that ever he had any Correspondence with the King or with Sir Edward Hyde or any of the King's Ministers or Friends and his Expressions were so high that they bred in some the more suspicion of him but at this time he was believed and what followed afterwards is known Whitelocke positively denied any Correspondence with the King or with Hyde or any of the King's Party and desired no favour if they could prove any such thing against him and moved to know his Accuser but that was waved and Whitelocke admitted in his Imployment of one of the Council of State 19. The House appointed Judges of the Admiralty for six weeks 20. Order for a Day to be kept of publick Humiliation Letters that the Jews were destructive to our Trade 21. Votes of the Parliament for a free Common-wealth without a single Person Kingship or House of Pears And for maintaining Magistracy and Ministry and regulating of Law and Equity 23. Vote for the Speaker Lenthall to be Keeper of the Great Seal for eight days 24. An Ambassadour had publick Audience in the House in great solemnity 25. The House having sent a Committee to Richard to know whether he would acquiesce in the present Proceedings and that they would provide for the payment of his Debts and an honourable subsistence for himself and his family They returned with his Answer under his hand That he would acquiesce and sent a List of his Debts 26. Several Addresses were made to the House and they referred Matters touching the Forces and the Navy and the Prize-goods to the Council of State 27. Reference to the Council of State to proceed in the Treaty with the Dutch 28. An Address to the Parliament from Bucks The House considered of settling the Officers of Fleetwood's Regiment this began to give some distaste to the Officers of the Army that the Parliament should not trust them in this business but do it themselves A Committee named to prepare an Act of Indemnity and Oblivion 29. Letters of the present state of Affairs in Ireland from the Lord Broghill and of my Lord 's joyning with this Parliament 30. Addresses from the North to Fleetwood and the Army The House proceeded upon the Act of Indemnity 31. Votes for addition of Pay to the Souldiers about London Order for sequestring the Profits of the Keeper of the Great Seal for the use of the Common-wealth and that the Chancery be throughly reformed and regulated June 1659. 1. The Council of State ordered Whitelocke to draw a Letter to General Mountague about the business of the Navy The House proceeded about the Act of Indemnity An Address from the Common Council of London to the Parliament who gave them thanks for their good Affections 3. Bradshaw Tyrell and Fountain were voted to be Commissioners of the Great Seal for five Months 4. An Address from the County of Kent answered with thanks An Act past for constituting of Bradshaw Tyrell and Fountain Commissioners of the Great Seal and the Oath was administred and the Great Seal