particulars mentioned by my worthy Colleague that spake last in which I have owned your Authority And for a strict formal pursuance of the Ordinary rules of Law it hath been hardly to be discerned in any of the late proceedings on either side in all our great and weighty transactions Unavoidable necessity hath put us upon those courses which otherwise perhaps we should not have taken I am sure my sitting and acting here is according to the known Laws of England and that my protection at this time is only from you therefore my obedience is only due to you and there is no other visible Authority in being but your selves There are sufficient reasons to justify an obedience to your Authority which truly Sir I do own and not scruple at all as things now are to act by that Authority I only scruple my undertaking this great Charge knowing my own want to perform it as I ought to do this place requires quick apprehension general learning and deep judgment all which are wanting in me but I see many worthy Gentlemen within these Walls of much greater abilities and more compleatly furnished for the execution of this Charge than I am My humble Motion therefore to you is That you will be pleas'd to think of some persons more fit and worthy of this great trust than I am and to excuse me from being one of your Commissioners for the Great Seal of England which is a place too high for me The House would not allow of his excuse but after a little debate the question was put and it was voted Nemine contradicente that he should be one of the Commissioners for the Great Seal Then Mr. John L'Isle was named to be another of the Commissioners and after a short and no eager excuse made by him and his high owning of their Authority which he had sufficiently done before as one of the High Court of Justice for tryal of the King Mr. L'Isle was Voted to be another of the Commissioners for the Great Seal Lastly Mr. Sergeant Keeble was named to be the third Commissioner of the Great Seal and two of them of the Quorum Upon debate the time for their being Commissioners was Voted to be quam deu se bene gesserint The Title held some debate whether they should be stiled Commissioners or Lords Commissioners and though the word Lords was less acceptable at this time than formerly yet that they might not seem to lessen their own Authority nor the Honour of their Officers constituted by them they Voted the Title to be Lords Commissioners and the Act was passed presently in these words An Act of the Commons assembled in Parliament for committing the Great Seal of England into the hands and custody of Commissioners Beit enacted by this present Parliament and the Authority of the same that the Great Seal of England shall be committed to the keeping of Bulstrode Whitelock Sergeant at Law Richard Keeble Sergeant at Law and Iohn L'Isle Esq who are hereby appointed Lords Commissioners for that purpose quamdiu se bene gesserint which said Persons are hereby constituted and appointed to be Lords Commissioners for the Custody of the Great Seal of England during the time aforesaid and they or any two of them shall have and are hereby authorised to have the Custody Keeping Ordering and Disposing thereof as also all such and the like powers and Authorities as any Lord Chancellour Lord Keper or Commissioners of the Great Seal of England for the time being have Lawfully had and used or ought to have had or used Hen. Scobell Cleric Parliamenti Sergeant Keeble was sent for and they three being commanded by the House to come up to the Table Whitelock went in the middle Sergeant Keeble on his right hand and M r L'Isle on his Ieft hand there the Speaker gave them their Oaths Well and truly to execute the place of Commissioners for the Seal and then he delivered the new Great Seal to them They put up the Seal in the Purse and with the usual Ceremonies and reverence they brought it out of the House and went into the Queens Court where they sealed it up with their Seals and went their selves to see it locked up in the Tower in M r Brown's House where it was usually laid before 9. Many Justices of the Peace scrupling to Act because their Commissions were in the name of the King a Committee was appointed to consider of another form for them and thatthey might be commanded to Act in the name of the Parliament The House confirmed the election of the Lord General and Colonel Rich to be Burgesses for Cirencester and to admit them Members This being the first day of the Term the six Judges who were inclined to hold their places were as yet much unsatisfied because the Oaths of Allegiance and Supremacy were still continued and because the House had not declared that the fundamental Laws should be continued and the Judges to administer justice accordingly They debated these matters together and in conclusion came to this result that if the House would pass such a Declaration repeal the Oaths of Allegiance and Supremacy and alter the Oath of a Judge that then they would presently sit in their places 'T was told them it would be hard to procure all this to be done in the House so soon as that they might sit in the several Courts this morning and if they should not sit this first day of the Term it would be some interruption to the Course of Justice and reflect upon the Parliament They were intreated to draw the Declaration themselves as they desired the House should pass it which they did presently and the Cmmissioners of the Seal went into the house and acquainted them with the consequence of the business which they tendred to them to be forthwith passed to enable the six Judges to sit in Court this morning The House were so sensible of the reasonableness and fitness to give a speedy dispatch to this business that they laid aside all other and soon Voted That the Oaths of Allegiance and Supremacy should be null and void made a satisfactory alteration of the Oath of a Judge and passed the Declaration drawn by the Judges They were satisfied herewith and the Commissioners presently sealed their Patents and gave them the new Oath of Judges then they went and sate in their several Courts and the Commissioners of the Seal sate in Chancery They caused the Declaration to be read and spake to the Auditory concerning the business to give them satisfaction and to settle their minds this they took occasion to do in their Speeches to the Judges and therein 't is believed they did some service for the Parliament Upon the desire of the Committee for the Revenue the Lord General granted his Warrant to all Officers and Souldiers to suppress the cutting down and destroying of Timber and killing of Deer in any of the publick Forests Chaces
and friendly to all Gentlemen of her acquaintance her death did much grieve her Father 12. The Protector was ill at Hampton Court 13. The Attorney Prideaux and the Sollicitor General were made Baronets 16. Mr. Robinson had a project to raise money for the Publick 17. Sir John Winter had a Project of charking of Sea-coal whereby it became as sweet Fuell as Wood or Charcoal and he sent some of it with a new fashion'd Grate to several great men for a Tryal but it came to nothing 21. A Bill signed by his Highness for a Patent to make Whitelocke a Viscount and in Secretary Thurlo's hand to be passed but Whitelocke did not think it convenient for him 22. Gravelin was delivered up to the French upon Articles 24. The Duke of Buckingham was apprehended and committed to the Tower 26. The Protector was sick at Hampton Court as some thought of an Ague 28. The Earl of Mulgrave one of his Highness Council died in the way as he was coming up to London September 1658. 3. This day about Two a Clock in the After-noon the Protector died at Hampton Court the same day that he had before obtained the Victories at Dunbar and at Worcester he now went to rest in the Grave after his many great Actions and Troubles he now died quietly in his Bed some were of opinion that he was poysoned Immediately upon his death the Council assembled and being satisfied that the Protector in his life-time according to the Petition and Advice had declared his Son Richard to be his Successour the Council caused the same to be proclaimed in a solemn manner in London and Westminster and they went the same day to Richard to acquaint him with it and sent a Committee of the Council into the City to inform them hereof The Proclamation of Richard to be Lord Protector was made in London in the following words Whereas it hath pleased the most wise God in his Providence to take out of this world the most serene and renowned Oliver late Lord Protector of this Common-wealth And his Highness having in his life-time according to the humble Petition and Advice declared and appointed the most Noble and Illustrious the Lord Richard eldest Son of his said late Highness to succeed him in the Government of these Nations We therefore of the Privy Council together with the Lord Mayor Aldermen and Citizens of London the Officers of the Army and numbers of other principal Gentlemen do now hereby with one full voice and consent of Tongue and heart publish and declare the said Noble and Illustrious Lord Richard to be rightfull Protector of this Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging To whom we do acknowledge all fidelity and constant obedience according to Law And the said humble Petition and Advice with all hearty and humble affections beseeching the Lord by whom Princes rule to bless him with long life and these Nations with peace and happiness under his Government Richard Chiverton Mayor Henry Lawrence President Nathaniel Fiennes C. S. John Lisle C. S. C. Fleetwood P. Lisle John Desbrough E. Mountague Gilb. Pickering C. Wolseley Philip Skippon William Sydenham Wal. Strickland Phil. Jones Jo. Thurloe Fauconberg Edw. Whaley W. Goff Tho. Cooper Oliver Flemming John Clerk Tho. Pride Edm. Prideaux Tobias Brigde Edw. Salmon Jo. Biscoe Waldine Lagoe John Mill. E. Grosvenor c. God save his Highness Richard Lord Protector The Council gave the Oath to Richard and with his consent another Proclamation was published for all that were Officers in his Father's time to continue in their places 8. The Master of the Ceremonies by Order of the Council acquainted all foreign Ministers with the death of the late Protector and the Succession of his Son Richard 9. Letters of the Proclaiming of Richard to be Protector in several of the chief Cities and Towns in England 10. Of the Proclaiming of Richard Lord Protector at Dunkirk Richard and his Council kept a Day of humiliation and ordered the keeping of it at another time in London 11. News of the King of Sweden's besieging of Copenhagen 17. Mens minds were troubled at this change and feared the consequences of it 20. News of the surrender of the Castle of Cronenberg by the Danes to the King of Sweden 25. Several Addresses came to the new Protector declaring satisfaction in his succession and resolution to adhere to him 28. News of good Service performed in Liefland by General Douglas and of the King of Sweden's Successes in Denmark October 1658. 2. An Address from the Sea-Officers acknowledging Richard and protesting to stand by him and from General Monk and his Officers in Scotland 4. News of the taking of Ipre by the English and French in Flanders 5. Addresses to Richard from Portsmouth 6. An Address from the French Dutch and Italian Churches in London 7. The Gentlemen and Freeholders of Buckinghamshire having framed an Address to Richard wherein most of the principal Gentlemen were engaged When they had got it signed they pitched upon Whitelocke to present it whom a great number of them accompanied to Richard with the Address and were quickly admitted to his presence Whitelocke with a short Speech presented it to him and Richard made a very good prudent Answer and thanked the Gentlemen for their affections 10. Letters from Bergen ap Zoam of the news of those parts and of their great Fleet and assisting the King of Denmark against the King of Sweden 23. Mr. Fell died he was a good Lawyer and a good man he served the Parliament as a Souldier and they made him Commissioner of the Seal for Lancaster and second Justice of Chester 15. Several Addresses to Richard from the Congregational Churches and from divers Cities and Counties 18. Audience given by Richard to the French Ambassadour when Richard did carry himself discreetly and better than was expected 19. An Envoy from the King of Sweden to Richard to congratulate his Succession had Audience and from him news of the continuance of the Siege of Copenhagen 22. By advice of the Commissioners of the Treasury order was taken for the bringing in of money for the Souldiers 24. Several other Addresses were made to Richard 27. A general Address to Richard from Berkshire 28. Addresses from the Sea-Officers and Mariners Novem. 1658. 3. An Address to Richard from Oxfordshire 8. News of the Fight at Sea betwixt the Swedes and the Dutch who came to relieve Copenhagen Admiral Wrangell behaved himself very gallantly and the Swedes had much the better in the Fight but whilst the Swedish Ships were engaged the Merchantmen got by and brought the desired Relief to Copenhagen 13. Sr. Gustavus du Val Envoye from the King of Sweden had Audience and took his leave of Richard 16. Addresses to Richard from the Officers of the Army presented by Desborough 18. Whitelocke constantly attended the business of
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
be given them nor would they agree to surrender to Mercy but upon Reverence which was consented unto That they took the Governour and the Capt. of the Moss-Troopers and 60 Souldiers That two of the most notorious of them and the Captain were shot to death upon the Place They took in it many Arms 60 Horse which they had taken from the English and released 10 English prisoners and demolished the House That Middleton laid down his Arms upon condition that the King should be forthwith Crowned and the Estates and Kirk ordered him to take his Command again That Recruits were come from England to the Army That the G. and his Officers kept a Fast-day The House had a very long and smart Debate touching the Act for putting all the Books of Law and 〈◊〉 Process and Proceedings in Courts of Justice into the English Tongue in which Debate some spake in Derogation and Dishonour of the Laws of England For some vindication whereof and for satisfying some Mistakes one of the Members delivered his Opinion in the House to this Effect Mr. Speaker The Question upon which your present Debate ariseth is of no small moment nor is it easily or speedily to be determined for it comprehends no less than a total alteration of the Frame and Course of Proceedings of our Law which have been established and continued for so many years I should not have troubled you with any of my weak Discourse but that I apprehend some mistakes and Dishonour to the Law of England if passed by without any Answer may be of ill consequence and having attended to hear them answered by others who are not pleased to do it I held my self the more engaged in the Duty of my Profession to offer to your judgment to which I shall always submit what I have met with and do suppose not to be impertinent for the rectifying of some Mistakes which are amongst us A worthy Gentleman was pleased to affirm with much confidence as he brought it in upon this Debate That the Laws of England were introduced by William the Conqueror as among other Arguments he asserted might appear by their being written in the French Tongue In his first Assertion That our Laws were introduced by William the Conqueror out of France I shall acknowledge That he hath several both Foreign and Domestick Authors whom he may follow therein The Foreign Authors are Jovius Aemilius Bodine Hottoman Dynothus Volateran Berault Berkley Choppinus Uspargensis Malines and Polydore who affirm this erroncous piece of Doctrine but the less to be regarded from them because they were strangers to our Laws and took up upon trust what they published it this point Of our own Countreymen they have Paris Malmesbury Matthew Westminster Fox Cosins Twyne Heyward Milles Fulbeck Cowell Ridley Brown Speed Martin and some others All of them affirm That the Laws of England were introduced by William the Conqueror But their Errors are refuted by Sir Roger Owen in his Manuscrit who saith that Roger Wendover and Mat. Paris were the first Monks that hatched these addle Eggs. I shall endeavour to shew you That the Original of our Laws is not from the French that they were not introduced by William the Conqueror out of Normandy And I shall humbly offer to you my Answer to some of their Arguments who are of a contrary Opinion Polydore Hist Angl. L. 9. Affirmeth That William the Conqueror first appointed Sheriffs and Justices of the Peace erected Tenures brought in Trials by 12 men and several other Particulars of our Laws For Sheriffs their Name Scire Reeve shews them to be of the Saxon Institution And our Histories mention the Division of Shires by King Alphred but in truth it was much more ancient And it is apparent by our Books and Records some whereof are in the Hustings of London and in the Tower that the same things were in use here long before the Time of King W. I. Sir Roger Owen shews at large that Livery of Seisin Licenses or Fines for Alienation Daughters to inherit Trials by Juries Abjurations Utlaries Coroners Disposing of Lands by Will Escheats Gaoles Writs Wrecks Warranties Catalla Felonum and many other parts of our Law and the Forms of our Parliaments themselves were here in being before the time of Duke William Agreeing hereunto are many of our Historians and Learned Antiquaries But it is Objected That in the Grand Customary of Normandy the Laws are almost all the same with ours of England and the form of their Parliaments the same with ours That the Writer of the Preface to that Book saith it contains only the Laws and Customs which were made by the Princes of Normandy by the Counsel of their Prelates Earls Barons and other wise men which shews the forms of their Parliament to be the same with ours and the Laws in that Book to be the proper Laws of Normandy and ours to be the same therefore they argue that our Laws were introduced from thence by William the Conqueror This will be fully answered If that Grand Customary of Normandy was composed in our King E. 1. his time as good Authors hold it was then it cannot be that our Laws or Parliaments could be derived from thence These Learned men say That this Customary was a meer Translation of our Law-Book Glanvill as the Book of Regia Majestas of the Laws Scotland is and the like of the Laws of Burgundy They further add That the first establishing of the Customary of Normandy was in H. 1. his time and afterwards again about the beginning of E. 2. his time If the Laws in the Customary were introduced there from England it will then be granted that the Laws of England were not inoroduced here by William the Conqueror But I think it very clear that their Laws were brought to them cut of England and then you will all agree to the Conclusion Our King H. 1. Conquered Normandy from his Brother Robert and was a Learned King as his Name Beauclerk testifies whom Juo calls An especial Establisher of Justice Sequerius relates That this King established the English Laws in Normandy Herewith do agree Gulielmus Brito Armoricus Rutclarius and other French Writers who mention also that the Laws in the Customary of Normandy are the same with the Laws collected by our English King Edward the Confessor who was before the Conqueror An additional Testimony hereof is out of William de Alenson Revile who in his Comment upon the Customary saith That all the Laws of Normandy came from the English Laws and Nation In the Customary there is a Chapter of Nampes or Distresses and Decreed that one should not bring his Action upon any Seisure but from the time of the Coronation of King Richard and this must be our King Richard 1. because no King of France was in that time of that Name and the Words Nampes and Withernams were Saxon Words taken out of the English Laws signifying a Pawn or Distress
the Treasury and the Lord chief Baron with him but the Commissioners General Mountague and Col. Sydenham were often absent by reason of their attendance upon the Council 20. The Officers of the Army attended Richard and made large professions to him of their obedience and faithfulness and he courted them at a high rate 23. The Funeral of the old Protector was celebrated with great Solemnity The Officers of State the Council the Lord Mayor and Aldermen of London the House of Lords the Officers of the Army the Servants of the Protector the Judges and Officers of Law the Citizens of London the Souldiers in their Troops and Companies the ordinary Guards and an infinite number of Spectators within the Rails of the Streets and in the Windows At this Solemnity were also present the foreign Ministers and Ambassadours 25. More Addresses were presented to Richard from several Counties 26. Richard knighted General Morgan a very gallant person 27. Serjeant Windham and Serjeant Nicholas were made Judges and Mr. Archer was made a Serjeant 29. Several Audiences were given by Richard to foreign Ministers sent to him from neighbour Princes and States to condole the death of his Father and to Congratulate his Succession to the Government December 1658. 4. Richard by advice of his Council resolved to call a Parliament to meet on the 27th day of January next 6. Richard knighted Captain Beke 9. More Addresses were made to Richard 19. New Addresses to Richard January 1658. 21. Letters from the Mayor and Aldermen of Oxford for assistance to suppress some unruly persons in the City 27. The Parliament met 30. Whitelocke met about the business of the Great Seal whereof he was now again made a Commissioner Richard had a particular respect for him and upon the 22th day of this Month by advice of some near to him without any seeking for it by Whitelocke he was sent for to Whitehall where he met the two Lords Commissioners of the Seal Fiennes and L'Isle and they together being called in to the Council-chamber the Great Seal was delivered to his Highness sitting in Council and his Highness presently delivered it to Fiennes L'Isle and Whitelocke as Keeper of the Great Seal of England This passage was wondred at by many and some thought that Fiennes desired it finding L'Isle not so capable of executing that place as was expected and his want of experience in that business and multitude of other occasions and his attendance on Richard and the Council made him willing to have Whitelocke's help in the business of the Seal 31. Mr. Challoner Chute was chosen Speaker of this Parliament an excellent Orator a man of great parts and generosity whom many doubted that he would not join with the Protector 's Party but he did heartily The Members of the House of Lords took their places being summoned by the like Writ as they had before according to the Petition and advice February 1658. 3. Order for the Commissioners of the Treasury to give an account to the House of the State of the publick Treasure 4. A Fast Day kept in both Houses 8. The House of Commons debated the Bill of Recognition of his Highness to be Lord Protector and some were very cross in that business which caused doubts of the good issue of this Parliament 9. The Members returned for Scotland and Ireland to serve in this Parliament appeared very full 10. The House voted several Members uncapable to sit because they had been in Arms against the Parliament 11. Mr. Tussel an Attorney was shot into the Head with a brace of Bullets from the other side of the Street as he fate in his Chamber and died presently who did it was not known 11. Letters from the Earl of Stamford to Whitelocke complaining of his being put out of Commission of the Peace and the like done to other persons of Quality and of mean men being put into Commission who insult over their betters and desiring Whitelocke now being restored to the custody of the Seal for which all good men rejoyced to consider of and amend such things 16. The House were busie in debate upon the Act of Recognition Mr. Sherwyn who was a Member of the House was ordered to bring in the state of the account of the publick Treasure delivered to him by the Commissioners of the Treasury 17. Mr. Sherwyn delivered in this account which was very exact the Commissioners of the Treasury and Mr. Sherwyn having taken great pains about it 19. Vote of the House of Commons to take into consideration the constitution of the Parliament in two Houses This caused much discourse and doubts of many least a disagreement should follow and some of the Court and Relations of Richard were not backward to promote a difference 22. The bounds and limits of the other House were debated and the debate adjourned 25. Whitelocke had fair Quarter with Fiennes and L'Isle in the business of the Seal but the greatest burden of the place lay upon Whitelocke 26. Several Addresses were made to Richard from several Towns and Places during the sitting of the Parliament March 1658. 1. The Commons voted the question to transact with the persons now sitting in the other House as an House of Parliament should be debated 4. Debate touching the other House 8. The Commons voted that their debate about transacting with the other House should be no bar to such Peers as have faithfully served the Parliament 9. The Speaker Mr. Chute being ill Sir Lillisbone Long was chosen to supply his place in his absence 10. Several Addresses to Richard from Regiments of the Army 16. Sir Lillisbone Long the Speaker pro tempore not being well Mr. Bamfield was chosen Speaker pro tempore Sir Lillisbone Long died a very sober discreet Gentleman and a good Lawyer 19. Some Members of the House by order went from the House to visit their Speaker Mr. Chute which was a great Honour to him and he had so much gained the affection of the House that he swayed much with them 23. Letters of the Peace betwixt the Kings of Sweden and Denmark 26. Letters that in the Countrey the News was that the Parliament should be dissolved and that Troops of Horse were met marching to London Vote of the Commons to restore Major General Brown to his places in London 28. The Commons voted to transact with the persons sitting in the other House as an House of Parliament saving the right of the Peers who had been faithfull to the Parliament this gave hopes to some of an agreement against which many laboured 29. A Bill for taking away the Excise and Tunnage and Poundage after the Protector 's death which stumbled his Friends 30. The Commons voted a Day of Humiliation to be kept in the three Nations April 1659. Anno 1659 5. The Title of the Declaration for the Fast was voted to be of the Protector and both Houses of Parliament Haslerigge
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
delivered to them in the House It was reported that Whitelocke Fiennes and L'Isle were not continued Commissioners of the Seal because the House Resolved That the Commissioners should not be Members of the House Vote for Fleetwood to be Lieutenant General of the Forces 5. At the Council of State Whitelocke and Colonel Sydney and Sir Robert Honywood were named to go Commissioners to the Zound to mediate a Peace between the Kings of Sweden and Denmarke Whitelocke was not willing to undertake this service especially to be joyned with those who would expect precedency of him who had been formerly Ambassador Extraordinary to Sweden alone and he knew well the overruling temper and height of Colonel Sidney he therefore endeavoured to excuse himself by reason of his Old Age and Infirmities but the Council pressed it upon him 6. Vote That all Commissions to Officers of the Army be signed by the Speaker And this distasted the Army The like for the Officers of the Navy Vote That this Parliament shall not continue longer than May 7th 1660. 7. Referred to the Council of State to take care for the next Circuits Votes for Commissioners for Ireland and recalling of Colonel Henry Cromwell 8. Colonel Hacker and his Officers had their Commission given them by the Speaker at the Table in the House and likewise several of the Sea Captains 9. Upon a Letter from Bradshaw the House dispensed with his attendance as a Commissioner of the Seal during his Indisposition of health Fleetwood and other Officers had their Commissions in the House An Address from the Town of Aylesbury 10. Referred to the Council of State to put in Colonel Fitch Lieutenant of the Tower this was Haslelrigg's Creature and to put him in that place offended the City 11. Lambert and his Officers took their Commissions from the House Reference to the Council of State to treat with the Ambassador of the States 13. Order for the Council to bring in names for Judges for next Circuit and for them to prepare Instructions for Lockart to go Ambassador into France Commissions given in the House to more Officers 14. A Committee named to give audience to an Agent from Hamburg More Officers had their Commissions in the House and an Address was presented from Bedfordshire 16. The business of the Agents of the Hans Towns in Germany referred to the Council of State Judges voted by the House for this Summers Circuit and Tyrell Fountain and others Voted to be Serieants at Law Divers Officers received their Commissions in the House 17. Vote to send a Publick Minister into Holland and the Council to prepare Instructions Colonel Sydenham and other Officers took their Commissions from the Speaker 18. Reference to a Committee touching a Grant to Colonel Overton of five hunder pounds per ann out of the Earl of Levens Estate 20. Judges Voted for this Summers Circuit and referred to the Council to take care that the People be not wronged by Bayliffs and Juries Order for a Bill to reform abuses in Clerks Atturnies Sollicitors and Lawyers and many Orders for monies 21. Several Addresses to the Parliament Letters of high complement from General Monk to Whitelocke and that the conduct of the Vnion betwixt England and Scotland being left to Whitelocke he wished he might see him there 22. Addresses to the Parliament Sea Officers took their Commissions from the Speaker Whitelocke got excused from going one of the Commissioners to the Zound Letters from Colonel Henry Cromwell in Ireland of his Submission to this Parliament and an Address from the Army there 23. The business of the Envoy from the King of Sweden and the other of the Dutch referred to the Council 24. Whitelocke Sir Henry Mildway and Sir John Trevor appointed to attend the French Ambassador to his audience to morrow Divers Addresses to the House and Divers Officers took their Commissions from the Speaker 25. Vote that the Speaker be Custos Rotulorum of Oxon and Berks. 27. Upon a Petition against Tithes the House voted That for the Incouragement of a Godly Preaching learned Ministry throughout the Nation the payment of Tithes shall continue as now they are unless this Parliament shall find out some other more equal and comfortable maintenance both for the Ministry and satisfaction of the People Addresses from Ireland to the House Some Friends to the Commissioners of the Seal propounded that all might take out a General Pardon 28. Instructions voted for the Plenipotentiaries going to the Zound 30. Mr. Downing voted to go Agent into Holland Several Commissions given in the House to Officers of the Army July 1659. 1. Vote for Steel and Corbet to be Serjeants at Law and the Instructions agreed for the Commissioners for Ireland Several Officers received their Commissions 2. The Publick Ministers of the Kings of Sweden and of Denmarke and of the Duke of Holstein referred to the Council of State for their audience 4. Vote to exempt Richard Cromwell from all Arrests for Debts 5. Order for clearing of White-hall from any Lodging there except Members of Parliament and Council of State The Bill of Indemnity still in debate 6. Vote to stop the Sale of Hampton Court. Henry Cromwell gave an account to the Council of State of the condition of Affairs in Ireland 7. Colonel Desborough and other Officers received their Commissions in the House 9. Colonel Alured appointed Captain of the Life-guard to the Parliament and Council Several Officers took their Commissions Mr. Hugh Windham made a Judge 11. Several Officers took their Commissions 12. Audience for the Portugal Ambassador 13. Commissions received in the House 14. Act of Indemnity published and several Acts for several Militia's in London and in Counties Sir John Gore suspected to be in a Plot against the Parliament 15. More Officers received their Commissions in the House and the House settled the Militia in several Counties 16. Order for a way to pay Richard Cromwells Debts being in all 29640 l. and referred to a Committee to provide a comfortable maintenance for him 18. Orders to suppress Riots in Enfield Chase Lieutenant General Ludlow and other Officers had their Commissions in the House 19. The House was busie in settling the Militia and giving Commissions to Officers and receiving Addresses and appointing Judges of the Admiralty 21. Addresses to the House Order for Serjeant Bradshaw to take his Oath as Commissioner of the Seal 22. Order for Letters to be sent from the Speaker to the Members of Parliament that are absent to attend the House Bradshaw took this Oath in the House To be true faithfull and constant to this Commonwealth without a single Person Kingships or House of Peers 23. The House proceeded in settling the Militia 25. Letters from the Duke of Tuscany to the Parliament referred to the Council of State Power to the Council to issue money for the publick